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AB 937 <br /> Page 2 <br />6) “Transfer” includes “custodial transfers, informal transfers in which a person’s arrest is <br />facilitated through the physical hand -off of that person in a nonpublic area of the state or <br />local agency, or any coordination between the state or local agency and the receiving agency <br />about an individual’s release to effectuate an arrest for immigration enforcement purposes <br />upon or following their release from the state or local agency’s custody.” <br /> <br />7) States that in addition to any other sanctions, penalties, or remedies provided by law, a <br />person may bring an action for equitable or declaratory relief in a court of competent <br />jurisdiction against a state or local agency or state or local official that violates the provisions <br />of this bill. <br /> <br />8) Specifies that a state or local agency or official that violates the provisions of this bill is also <br />liable for actual and general damages and reasonable attorney’s fees. <br /> <br />9) Repeals statutory provisions directing California Department of Corrections and <br />Rehabilitation to implement and maintain procedures to identify inmates serving terms in <br />state prison who are undocumented aliens subject to deportation. <br /> <br />10) Repeals statutory provisions directing CDCR and California Youth Authority to implement <br />and maintain procedures to identify, within 90 days of assuming custody, inmates who are <br />undocumented felons subject to deportation and refer them to the United States Immigration <br />and Naturalization Service. <br /> <br />11) Repeals statutory provisions directing CDCR to cooperate with the United States <br />Immigration and Naturalization Service by providing the use of prison facilities, <br />transportation, and general support, as needed, for the purposes of conduc ting and expediting <br />deportation hearings and subsequent placement of deportation holds on undocumented aliens <br />who are incarcerated in state prison. <br /> <br />12) Repeals the statutory directive to include place of birth (state or country) in state or local <br />criminal offender record information systems. <br /> <br />13) Makes Legislative findings and declarations. <br />EXISTING FEDERAL LAW: <br />1) Provides that any authorized immigration officer may at any time issue Immigration <br />Detainer-Notice of Action, to any other federal, state, or local law enforcement agency. A <br />detainer serves to advise another law enforcement agency that the Department of Homeland <br />Security (DHS) seeks custody of an alien presently in the custody of that agency, for the <br />purpose of arresting and removing the alien. The deta iner is a request that such agency <br />advise the DHS, prior to release of the alien, in order for the DHS to arrange to assume <br />custody, in situations when gaining immediate physical custody is either impracticable or <br />impossible. (8 CFR Section 287.7(a).) <br /> <br />2) States that upon a determination by the DHS to issue a detainer for an alien not otherwise <br />detained by a criminal justice agency, such agency shall maintain custody of the alien for a <br />period not to exceed 48 hours, excluding Saturdays, Sundays, and holidays in order to permit