File #: 21-1038    Name: Truth Act
Type: General Agenda Item Status: Passed
File created: 11/19/2021 In control: Board of Supervisors
On agenda: 12/7/2021 Final action: 12/7/2021
Title: a. Receive a report from the Sheriff's Office related to ICE's access to inmates in the Monterey County Jail; and b. Receive and consider public comment.
Attachments: 1. Board Report, 2. Policy 524_SB54, 3. Completed Board Order Item No. 24
Title
a. Receive a report from the Sheriff's Office related to ICE's access to inmates in the Monterey County Jail; and
b. Receive and consider public comment.
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors, Pursuant to 7283.1(d) of the California Government Code:
a. Receive a report from the Sheriff's Office related to ICE's access to individuals; and
b. Receive and consider public comment.

SUMMARY:
The Monterey County Sheriff's Office increased its restriction of ICE Agents access to inmates 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 inmates 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 inmates ICE was able to pick up upon their release from jail. During all of 2017, ICE picked up 213 inmates as they were released from county jail. In 2018 there were 41 inmates picked up by ICE, 52 inmates in 2019 and 23 inmates in 2020. As of November 18, 2021, 2 inmates have been released from the county jail and picked up by ICE. In 2020 and 2021 there has been a marked decline as a result of CoVID-19. The qualifying charges for the two individuals released to ICE this year are California Penal Code Section (CPC) 245(A)(4) - Assault by means of force likely to produce great bodily injury and CPC 273.5(A) - Willful infliction of corporal injury.

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 inmates with the following: A written consent form prior to an interview with ICE, copies of any ICE request information as to whether the agency will comply with ICE requests, and copies of any information the agency shares with ICE....

Click here for full text