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Agenda Item
ASR
Control 24-000182 |
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MEETING
DATE: |
03/26/24 |
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legal entity taking action: |
Board
of Supervisors |
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board of supervisors district(s): |
All
Districts |
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SUBMITTING Agency/Department: |
County
Counsel (Approved) |
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Department contact person(s): |
Leon
J. Page (714) 834-3300 |
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Nicole
A. Sims (714) 834-3300 |
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Subject: Transparent
Review of Unjust Transfers and Holds (TRUTH) Act Community Forum
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ceo CONCUR |
County Counsel Review |
Clerk of the
Board |
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Concur |
No Legal Objection |
Public Hearing |
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3 Votes Board Majority |
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Budgeted: N/A |
Current
Year Cost: N/A |
Annual
Cost: N/A |
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Staffing
Impact:
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No |
#
of Positions: |
Sole
Source: N/A |
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Current Fiscal Year Revenue: N/A
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Prior Board Action: 3/14/2023 #S38C, 3/22/2022 #S46A,
2/23/2021 #S15C |
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RECOMMENDED
ACTION(S):
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1. |
Pursuant to
Government Code section 7283.1, conduct public hearing regarding access to
individuals that has been provided to Immigration and Customs Enforcement by
County law enforcement departments during 2023. |
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2. |
Receive and file
information from County law enforcement departments regarding Immigration and
Customs Enforcement’s access to individuals in 2023. |
SUMMARY:
California’s
Transparent Review of Unjust Transfers and Holds (TRUTH) Act (Government Code
sections 7283 and 7283.1) requires that a Community Forum be held each year, to
provide the public with information about what access to individuals had been
provided to Immigration and Customs Enforcement by County law enforcement
departments during the preceding year.
BACKGROUND
INFORMATION:
In accord with
Government Code sections 7283, subdivision (a) and 7283.1, subdivision (d), the
Board has held a public hearing at its meetings on February 23, 2021, March 22,
2022, and March 14, 2023, to provide the public with information about what
access to individuals had been provided to Immigration and Customs Enforcement
(ICE) by County law enforcement departments during the preceding year.
Government Code
section 7283, subdivision (d), defines “ICE access” as follows:
“ICE access”
means, for the purposes of civil immigration enforcement, including when an
individual is stopped with or without their consent, arrested, detained, or
otherwise under the control of the local law enforcement agency, all of the
following:
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(1) |
Responding to an
ICE hold, notification, or transfer request. |
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(2) |
Providing
notification to ICE in advance of the public that an individual is being or
will be released at a certain date and time through data sharing or
otherwise. |
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(3) |
Providing ICE
non-publicly available information regarding release dates, home addresses,
or work addresses, whether through computer databases, jail logs, or
otherwise. |
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(4) |
Allowing ICE to
interview an individual. |
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(5) |
Providing ICE
information regarding dates and times of probation or parole check-ins. |
Sheriff’s Department (OCSD)
Following the
enactment of state laws limiting law enforcement agencies’ cooperation with ICE
except as provided, OCSD implemented a jail policy and created forms to meet
the laws’ requirements. OCSD’s jail
policy 1206 (Attachment B) prohibits any transfer of an inmate to ICE’s custody
unless in accordance with state law. As
required by the TRUTH Act, OCSD uses forms by which OCSD requests an inmate’s
written consent to be interviewed by ICE (“TRUTH Act Interview Consent Form”)
and also notifies an inmate if the inmate qualifies to be transferred to ICE’s
custody following the inmate’s release from OCSD’s custody (“TRUTH Act
Notification Form”) (Attachment C).
OCSD provided the
following information for 2023 (also see Attachment D):
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• |
In calendar year
2023, a total of 547 inmates released from the Orange County Jail had ICE
detainers, meaning ICE requested that OCSD notify them when the inmates were
being released from local custody. The
purpose of this notification is for ICE to meet their responsibility to take
the released inmate into their custody.
OCSD notified ICE about 302 of those 547 inmates upon the inmates’
completion of their time in local custody.
Those inmates were all individuals whose criminal convictions met the
state law’s requirement for transfer to ICE’s custody. Of the individuals eligible for
notification, 221 were transferred to ICE’s custody. With respect to the other 81 individuals
who, under state law, were eligible for transfer to ICE, ICE took no action
and these individuals were released back into the community. A total of 40 of these individuals were
re-arrested for new crimes in Orange County. |
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State law
prohibited OCSD from notifying ICE of the release of 245 inmates who had ICE
detainers. Of the 245 inmates with ICE
detainers who were released back into the community, 27 were re-arrested for
new crimes in Orange County. |
Probation Department (Probation)
Probation does not
permit ICE to have access to any juvenile in Probation’s custody or under
Probation’s supervision. This is in
accord with Welfare and Institutions Code section 831, which prohibits
disclosure of juvenile information to federal officials absent a court order
from the Juvenile Court.
Probation has
briefed its officers about the legal requirements for ICE access to
adults. Probation has not had a
situation where it has allowed ICE access to an adult in Probation’s custody or
under Probation’s supervision in 2023.
FINANCIAL IMPACT:
N/A
STAFFING IMPACT:
N/A
REVIEWING
AGENCIES:
Orange County Sheriff's Department
Orange County Probation Department
ATTACHMENT(S):
Attachment A – Government Code
sections 7283 and 7283.1; Welfare & Institutions Code section 831
Attachment B – OCSD’s Jail Policy Section 1206 (Immigration)
Attachment C – OCSD’s Inmate Interview Consent Form and Notification Form
Attachment D – Orange County Jail – Immigration Detainer Data – 2023