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SB-1364 Local law enforcement agencies: federal immigration policy enforcement: immigration authority access.(2019-2020)

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Date Published: 04/01/2020 09:00 PM
SB1364:v98#DOCUMENT

Amended  IN  Senate  April 01, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 1364


Introduced by Senator Lena Gonzalez
(Principal coauthor: Assembly Member Bonta)

February 21, 2020


An act to amend Section 65062 of the Government Code, relating to land use. An act to amend Sections 7283, 7283.1, and 7283.2 of, and to add Section 7283.3 to, the Government Code, relating to law enforcement.


LEGISLATIVE COUNSEL'S DIGEST


SB 1364, as amended, Lena Gonzalez. Regional planning. Local law enforcement agencies: federal immigration policy enforcement: immigration authority access.
(1) Existing law requires that all records related to United States Immigration and Customs Enforcement (ICE) access provided by local law enforcement be public records. Existing law requires the local governing body of a county, city, or city and county in which a local law enforcement agency has provided ICE access to an individual to hold at least one community forum to provide information to the public about ICE access and to receive and consider public comment. Existing law authorizes a local law enforcement agency to provide the governing body with data it maintains as part of this public forum requirement.
This bill would make the provision of information by a local law enforcement agency to a governing body mandatory, and would delete the limitation on information to information that the agency already maintains. The bill would require the local law enforcement agency to provide both aggregate and disaggregated data and would expand the categories of information that are required to be provided, as specified, and would require the data to be maintained and reported on an annual basis. The bill would require the public meeting held by the local governing body to be separate and apart from other regularly scheduled meetings and dedicated solely to the issue of immigration authority access. If a law enforcement agency did not provide any immigration authority access in the preceding year, the bill would require the local law enforcement agency to post a statement to that effect on its internet website. By imposing additional duties on local governing bodies and local law enforcement agencies, this bill would impose a state-mandated local program.
(2) Existing law requires a local law enforcement entity to provide an individual in local law enforcement custody with notice of a hold, notification, or transfer request from ICE and to inform the individual of whether the agency intends to comply with the request. If the local law enforcement agency provides ICE with notification that a person is being released on a certain date, existing law requires the agency to promptly provide the same notification in writing to the individual and the individual’s attorney.
This bill would require notice of the hold, notification, or transfer request to be provided to the detained individual within 24 hours and would additionally prohibit a local law enforcement agency from complying with a notification and transfer request if the request was not served on the individual within 24 hours of receipt. The bill would allow a detained individual to bring a private cause of action for monetary damages in an amount of no less than $10,000 and reasonable attorney’s fees and for equitable or declaratory relief in a court of competent jurisdiction against a local law enforcement agency or law enforcement official that violates these provisions.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.
This bill would make legislative findings to that effect.

The Regional Planning Law establishes a regional planning district in each regional area, designated as provided, that, upon approval by the legislative bodies of 23 of the counties and 23 of the cities within the district, is authorized to undertake various regional planning activities. Existing law requires that certain of the members of the regional planning board governing the district be selected by the city selection committee, organized pursuant to specified law, in accordance with specified procedures.

This bill would make nonsubstantive changes to the procedures for appointments to the district board by a city selection committee.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

The people of the State of California do enact as follows:


SECTION 1.

 (a) The Legislature finds and declares all of the following:
(1) Transparency and accountability are essential minimum requirements for any collaboration between state and federal agencies.
(2) Recent immigration enforcement programs sponsored by United States Immigration and Customs Enforcement (ICE) and United States Customs and Border Protection (CBP) have suffered from a lack of transparency and accountability.
(3) For example, a federal judge found that ICE “went out of [its] way to mislead the public about Secure Communities,” a deportation program in which ICE collaborates with local law enforcement agencies to identify people for deportation.
(4) The Legislature further found that Secure Communities harmed community policing and shifted the burden of federal immigration enforcement onto local law enforcement agencies.
(b) This bill seeks to address the lack of transparency and accountability by ensuring that all immigration deportation activities that depend on entanglement with local law enforcement agencies in California are subject to meaningful public oversight.
(c) This bill also seeks to promote public safety and to preserve limited local resources because entanglement between local law enforcement and immigration authorities undermines community policing strategies and drains local resources.

SEC. 2.

 Section 7283 of the Government Code is amended to read:

7283.
 For purposes of this chapter, the following terms have the following meanings:
(a) “Community forum” includes, but is not limited to, any regular meeting of the local governing body that is open to the public, where the public may provide comment, is in an accessible location, and is noticed at least 30 days in advance.
(b) “Hold request” means a federal Immigration and Customs Enforcement (ICE) request from a federal immigration authority that a local law enforcement agency maintain custody of an individual currently in its custody beyond the time he or she the individual would otherwise be eligible for release in order to facilitate transfer to ICE and includes, but is not limited to, Department of Homeland Security (DHS) Form I-247D. immigration authorities.
(c) “Governing body” body, with respect to a county, means the county board of supervisors. supervisors, and with respect to a city, means the city council.
(d) “Immigration enforcement” includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal immigration law, and also includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal criminal immigration law that penalizes a person’s presence in, entry or reentry to, or employment in, the United States.
(e) “Immigration authority” has the same meaning as specified in Section 7284.4.

(d)“ICE

(f) “Immigration authority access” means, but is not limited to, 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:
(1) Providing immigration authorities with physical access to the individual, including, but not limited to, access to interview an individual.

(1)

(2) Responding to an ICE a hold, notification, or transfer request. request from an immigration authority.

(2)

(3) Providing notification to ICE immigration authorities 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)

(4) Providing ICE non-publicly immigration authorities nonpublicly 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 immigration authorities information regarding dates and times of probation or parole check-ins.

(e)

(g) “Local law enforcement agency” or “LEA” means any agency of a city, county, city and county, special district, or other political subdivision of the state that is authorized to enforce criminal statutes, regulations, or local ordinances; or to operate jails or to maintain custody of individuals in jails; or to operate juvenile detention facilities or to maintain custody of individuals in juvenile detention facilities; or to monitor compliance with probation or parole conditions.

(f)

(h) “Notification request” means an Immigration and Customs Enforcement a request that a local law enforcement agency inform ICE immigration authorities of the release date and time in advance of the public of an individual in its custody and includes, but is not limited to, DHS Form I-247N. custody.

(g)“Transfer request” means an Immigration and Customs Enforcement request that a local law enforcement agency facilitate the transfer of an individual in its custody to ICE, and includes, but is not limited to, DHS Form I-247X.

(i) “Transfer request” means a request that a local law enforcement agency physically turn over custody, hand off, or otherwise facilitate the arrest of an individual by immigration authorities upon or immediately following their release from criminal custody, and includes, but is not limited to, all of the following:
(1) Custodial transfers in which custody of an individual is transferred to immigration authorities.
(2) Informal transfers in which a person is technically released from local custody but immigration authorities are permitted to make an arrest in a nonpublic area of the local facility, such as in a sally port or booking hall.
(3) Any coordination between local law enforcement and immigration authorities about an individual’s release designed to effectuate an immigration arrest upon or immediately following their release from immigration custody. If immigration authorities take custody of an individual within one hour of their release from the custody of the local law enforcement agency, there shall be a strong rebuttable presumption that a transfer took place.

SEC. 3.

 Section 7283.1 of the Government Code is amended to read:

7283.1.
 (a) In advance of any interview between ICE immigration authorities and an individual in local law enforcement custody regarding civil immigration violations, the local law enforcement entity shall provide the individual with a written consent form that explains the purpose of the interview, that the interview is voluntary, and that he or she they may decline to be interviewed or may choose to be interviewed only with his or her their attorney present. The written consent form shall be available in English, Spanish, Chinese, Tagalog, Vietnamese, and Korean. The written consent form shall also be available in any additional languages that meet the county threshold as defined in subdivision (d) of Section 128552 of the Health and Safety Code if certified translations in those languages are made available to the local law enforcement agency at no cost.
(b) Upon receiving any ICE immigration authority hold, notification, or transfer request, the local law enforcement agency shall provide promptly serve within 24 hours a copy of the request to the individual and inform him or her them of whether the law enforcement agency intends to comply with the request. Local law enforcement agencies are prohibited from complying with notification and transfer requests unless the requests are served on the individual within 24 hours of receipt by the local law enforcement agency and compliance with the request is permitted under Chapter 17.25 (commencing with Section 7284). If a local law enforcement agency provides ICE immigration authorities with notification that an individual is being, or will be, released on a certain date, the local law enforcement agency shall promptly provide the same notification in writing to the individual and to his or her the individual’s attorney or to one additional person who the individual shall be permitted to designate.
(c) All records relating to ICE immigration authority access provided by local law enforcement agencies, including all communication with ICE, immigration authorities, shall be public records for purposes of the California Public Records Act (Chapter 3.5 (commencing with Section 6250)), including the exemptions provided by that act and, as permitted under that act, personal identifying information may be redacted prior to public disclosure. Records relating to ICE immigration authority access include, but are not limited to, data maintained by the local law enforcement agency regarding the number and demographic characteristics of individuals to whom the agency has provided ICE immigration authority access, the date ICE immigration authority access was provided, and whether the ICE immigration authority access was provided through a hold, transfer, or notification request or through other means.
(d) Beginning January 1, 2018, the The local governing body of any county, city, or city and county in which a local law enforcement agency has provided ICE immigration authorities with access to an individual individual, or to an individual’s information, during the last year shall hold at least one community forum during the following year, year that is separate and apart from other regularly scheduled meetings, dedicated solely to the issue of immigration authority access, open to the public, in an accessible location, such as a school, community center, or place of worship, at an accessible time outside of normal business hours, and with at least 30 days’ notice notice, including posting the date, time, and place on the governing body’s internet website, to provide information to the public about ICE’s immigration authority access to individuals and to receive and consider public comment. As part of this forum, the local law enforcement agency may shall provide the governing body with data it maintains regarding both aggregate and disaggregate data regarding all of the following: the
(1) The number and demographic characteristics of individuals to whom the agency has provided ICE access, the date ICE access was provided, and whether the ICE access was provided through a hold, transfer, or notification request or through other means. Data may be provided in the form of statistics or, if statistics are not maintained, individual records, provided that personally identifiable information shall be redacted. immigration authority access.
(2) The number of requests from immigration authorities for interviews.
(3) The number of written interview consent forms from the local law enforcement agency to individuals.
(4) The number of individuals who agreed to an interview with immigration authorities and the number who declined an interview.
(5) The number of individuals immigration authorities interviewed.
(6) The number of individuals immigration authorities interviewed who were ultimately transferred to immigration authorities.
(7) Whether the immigration authority access was provided through a hold, transfer, or notification request or through other means.
(8) The date immigration authority access was provided.
(9) The number of times each law enforcement agency responded to each of the following types of requests from immigration authorities:
(A) Hold requests.
(B) Notification requests.
(C) Transfer requests.
(D) Requests for other assistance from immigration authorities.
(e) (1) This reporting data shall be maintained by each local law enforcement agency and reported to the public on an annual basis. This reporting data may be provided in the form of statistics and, if statistics are not maintained, individual records, provided that personally identifiable information shall be redacted. This reporting data shall also be publicly posted annually on each LEA’s internet website and shall remain on that internet website until the next reporting period.
(2) If the LEA did not provide any immigration authority access in the preceeding year, the LEA shall post a statement to that effect on its internet website. The statement shall remain on the internet website until the next reporting period.
(f) Each local law enforcement agency shall promptly publish their policy and procedures as they pertain to Sections 7283.1 and 7284.6 on the agency’s internet website and shall update the posting with any changes to the policy and procedure within 30 days of those updates.

SEC. 4.

 Section 7283.2 of the Government Code is amended to read:

7283.2.
 Nothing in this chapter shall be construed to provide, expand, or ratify the legal authority of any state or local law enforcement agency to detain an individual based upon an ICE immigration hold request.

SEC. 5.

 Section 7283.3 is added to the Government Code, immediately following Section 7283.2, to read:

7283.3.
 In addition to any other sanctions, penalties, or remedies provided by law, a person may bring an action for monetary damages in an amount of no less than ten thousand dollars ($10,000) and reasonable attorney’s fees and for equitable or declaratory relief in a court of competent jurisdiction against a local law enforcement agency or law enforcement official that violates subdivision (b) of Section 7283.1.

SEC. 6.

 The Legislature finds and declares that Section 3 of this act, which amends Section 7283.1 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:
By requiring public meetings relating to the way local law enforcement agencies cooperate with federal authorities in enforcing federal immigration, and requiring law enforcement agencies to compile and report data to the public, this act furthers the purposes of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.

SEC. 7.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SECTION 1.Section 65062 of the Government Code is amended to read:
65062.

The city selection committee organized in each county within a district pursuant to Article 11 (commencing with Section 50270) of Chapter 1 of Part 1 of Division 1 of Title 5 shall meet within 60 days after the date upon which the district becomes operative for the purpose of making the first appointments to the district board as prescribed in Sections 65063.1 and 65063.3. Succeeding appointments to the district board shall be made by the city selection committees as required by this chapter.