Title
It is recommended that the Board of Supervisors:
a. Receive a report from the Sheriff’s Office related to ICE's access to incarcerated persons in the Monterey County Jail; and
b. Receive and consider public comment.
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors:
a. Receive a report from the Sheriff’s Office related to ICE's access to incarcerated persons in the Monterey County Jail; and
b. Receive and consider public comment.
SUMMARY:
The Monterey County Sheriff’s Office increased its restriction of ICE Agents access to incarcerated persons in the Monterey County Jail beginning January 1, 2018. This was done in accordance with Senate Bill 54 (SB54), the California Values Act (Act). ICE agents retain access to incarcerated persons under certain criteria set forth in the Act. The following is a summary of the Monterey County Sheriff’s Office interaction with ICE.
DISCUSSION:
Based on the restrictions in SB54, there was a drastic decline in the number of incarcerated persons ICE were able to pick up upon their release from jail. During all of 2017, prior to the passage of SB54, ICE picked up a total of 213 incarcerated persons as they were released from the Monterey County jail. After the passage of SB54, 41 incarcerated persons picked up in 2018, 52 incarcerated persons in 2019, 23 incarcerated persons in 2020, 2 incarcerated persons in 2021, and 2 incarcerated persons in 2022. For the 2023 calendar year, the Monterey County Jail has released 3 incarcerated persons into ICE custody. The qualifying charges for the three individuals released to ICE this year are California Penal Code Sections PC 496(a) - receiving stolen property, PC 288(a) - lewd acts upon a child, and PC 261(a)(2) - rape by force or fear.
Assembly Bill 2792 (AB 2792), the Truth Act was signed into law in 2016, operative January 1, 2017. The Truth Act requires a local law enforcement agency, to provide incarcerated persons with the following: a written consent form prior to an interview with ICE, copies of any ICE information request as to whether the agency will comply with ICE requests, and copies of any information the agency shares with ICE. The Truth Act also requires the local governing body of any county, city, or city and county in which a local law enforcement agency has provided ICE access to an individual during the last year, to hold at least one public community forum during the following year. The purpose of the forum is to provide information to the public about ICE's access to incarcerated persons and to receive and consider public comment.
During 2017, ICE had restricted access to incarcerated persons in the Monterey County Jail. Pursuant to Government Code Section 7283(d), "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 the following:
(1) Responding to an ICE hold, notification, or transfer request.
(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.
(3) Providing ICE non-publicly available information regarding release dates, home addresses, or work addresses, whether through computer databases, jail logs, or otherwise.
(4) Allowing ICE to interview an individual.
(5) Providing ICE information regarding dates and times of probation or parole check-ins.
Senate Bill 54, the California Values Act related to law enforcement data sharing was signed into law on October 5, 2017, and became operative January 1, 2018. This prohibited sharing of non-public information with ICE or cooperating with ICE except under limited circumstances. SB54 dramatically restricted communication with ICE to share information regarding incarcerated persons information and incarcerated persons release dates.
Based on the provisions in SB54, the jail will only respond to notification requests for incarcerated persons with qualifying charges or convictions. When an incarcerated person is booked, and ICE has an interest in accessing the inmate; ICE must provide qualifying charge / conviction information to the jail. The jail will verify the criminal history information, validate the conviction to the SB54 exceptions list, and determine if the law allows information sharing with ICE. If the charge and timelines are valid, the jail will share outdate information with ICE.
OTHER AGENCY INVOLVEMENT:
County Counsel has reviewed and approved this report.
FINANCING:
There is no fiscal impact from receipt of this report.
BOARD OF SUPERVISORS STRATEGIC INITIATIVES:
Mark a check to the related Board of Supervisors Strategic Initiatives
__Economic Development
√_Administration
__Health & Human Services
__Infrastructure
√_Public Safety
Prepared by: Garrett Sanders, Chief Deputy, Ext. #3887
Approved by: Tina Nieto, Sheriff/Coroner, Ext. #3750
Attachments:
Board Report
Policy 524_SB54