(a) Grants awarded pursuant to Section 13303 shall fulfill all of the following:
(1) Be executed only with nonprofit organizations that meet the requirements set forth in Section 501(c)(3) or 501(c)(5) of the Internal Revenue Code and that meet all of the following requirements:
(A) Except as provided in subparagraph (D), have at least three years of experience handling the type of immigration issues for which the organization is requesting a grant.
(B) Have conducted trainings on immigration issues for persons beyond their staff.
(C) Are recognized and accredited by the Office of Legal Access Programs under the United States Department of Justice’s Executive Office for Immigration Review or meet the requirements to receive funding from the Trust Fund Program administered by the State Bar of California.
(D) For a legal services organization that provides legal training and technical assistance as defined in subdivision (c) of Section 13303, have at least 10 years of experience conducting immigration legal services and technical assistance and meet the requirements to receive funding from the Trust Fund Program administered by the State Bar of California.
(2) Require reporting, monitoring, or audits of services provided, as determined by the department.
(3) Require grant recipients to maintain adequate legal malpractice insurance and to indemnify and hold the state harmless from any claims that arise from the legal services provided pursuant to this chapter.
(b) For grants awarded prior to the effective date of the act that added this subdivision, with the consent of the department and the grantee, the grantee may provide any of the services described in Section 13303, as amended by that act, and any agreement between the department and grantee shall be deemed to authorize the provision of those services.
(c) This section shall become operative on January 1, 2016.
(Amended by Stats. 2017, Ch. 24, Sec. 41. (SB 89) Effective June 27, 2017.)
Last modified: October 25, 2018