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Assembly Bill 937 (the “VISION Act”) <br />May 4, 2021 <br />Page 2 <br />1 <br />7 <br />0 <br />5 <br />2. States that the prohibition described above shall apply notwithstanding any <br />contrary provisions in the California Values Act, as specified, which allows law <br />enforcement to cooperate with immigration authorities in limited circumstances. <br />3. Specifies that this bill does not prohibit compliance with a criminal judicial <br />warrant. <br />4. Prohibits a state or local agency or court from using immigration status as a <br />factor to deny or to recommend denial of probation or participation in any <br />diversion, rehabilitation, mental health program, or placement in a credit-earning <br />program or class, or to determine custodial classification level, to deny <br />mandatory supervision, or to lengthen the portion of supervision served in <br />custody. <br />5. Defines the following terms for purposes of this bill: <br />a. “Immigration enforcement” includes “any and all efforts to investigate, <br />enforce, or assist in the investigation or enforcement of any federal civil <br />immigration law, and also includes any and all efforts to investigate, <br />enforce, or assist in the investigation or enforcement of any federal <br />criminal immigration law that penalizes a person’s presence in, entry, or <br />reentry to, or employment in, the United States.” <br />b. “State or local agency” includes, but is not limited to, “local and state law <br />enforcement agencies, parole or probation agencies, the Department of <br />Juvenile Justice, and the Department of Corrections and Rehabilitation.” <br />6. Specifies that in addition to any other sanctions, penalties, or remedies provided <br />by law, a person may bring an action for equitable or declaratory relief in a court <br />of competent jurisdiction against a state or local agency or state or local official <br />that violates this section. A state or local agency or official that violates this <br />section is also liable for actual and general damages and reasonable attorney’s <br />fees. <br />7. Repeals statutory provisions directing California Department of Corrections and <br />Rehabilitation (CDCR) to implement and maintain procedures to identify inmates <br />serving terms in state prison who are undocumented aliens subject to <br />deportation. <br />8. Repeals statutory provisions directing CDCR and California Youth Authority to <br />implement and maintain procedures to identify, within 90 days of assuming <br />custody, inmates who are undocumented felons subject to deportation and refer <br />them to the United States Immigration and Naturalization Service.