AB 2948

Bill Subjects

Abstract

Existing law gives a law enforcement official discretion to cooperate with immigration authorities only if doing so would not violate any federal, state, or local law, or local policy, if permitted by the California Values Act, and only under specified circumstances, including that the individual has been convicted within the last 15 years of a felony for specified offenses. The bill, instead, would give a law enforcement official discretion to cooperate with federal immigration officials by detaining an individual on the basis of an immigration hold, as defined, after that individual becomes eligible for release from custody only if the continued detention of the individual on the basis of the immigration hold would not violate any federal, state, or local law, or local policy, and only under specified circumstances. The bill would authorize cooperation with federal immigration officials, if other conditions are met, under the circumstances that the individual has been convicted at any time of a felony for specified offenses or that the individual is arrested and taken before a magistrate on a charge involving a serious or violent felony, a felony punishable by imprisonment in state prison, or other specified felony offenses, other than domestic violence, and the magistrate makes a finding of probable cause as to that charge. Existing law, the California Values Act, among other things and subject to exceptions, prohibits state and local law enforcement agencies, including school police and security departments, from using money or personnel to investigate, interrogate, detain, detect, or arrest persons for immigration enforcement purposes, as specified, and, subject to exceptions, proscribes other activities or conduct in connection with immigration enforcement by law enforcement agencies. This bill would repeal these provisions. Existing law requires, by October 1, 2018, the Attorney General, in consultation with the appropriate stakeholders, to publish model policies limiting assistance with immigration enforcement to the fullest extent possible for use by public schools, public libraries, health facilities operated by the state or a political subdivision of the state, and courthouses, among others. Existing law, requires, among others, all public schools, health facilities operated by the state or a political subdivision of the state, and courthouses to implement the model policy, or an equivalent policy. Existing law requires that a law enforcement agency that chooses to participate in a joint law enforcement task force, as defined, to submit a report annually pertaining to task force operations to the Department of Justice, as specified. Existing law requires the Attorney General, by March 1, 2019, and annually thereafter, to report on the types and frequency of joint law enforcement task forces, and other information, as specified, and to post those reports on the Attorney General's Internet Web site. Existing law requires law enforcement agencies to report to the department annually regarding transfers of persons to immigration authorities. Existing law requires the Attorney General to publish guidance, audit criteria, and training recommendations regarding state and local law enforcement databases, for purposes of limiting the availability of information for immigration enforcement, as specified. Existing law requires the Department of Corrections and Rehabilitation to provide a specified written consent form in advance of any interview between a person in department custody and the United States Immigration and Customs Enforcement regarding civil immigration violations. This bill would repeal these provisions. Existing law specifies various offenses relating to controlled substances. This bill would require the arresting agency to notify the appropriate agency of the United States having charge of deportation matters if there is reason to believe that a person arrested for a violation of specified controlled substance provisions may not be a citizen of the United States. Because the bill would impose additional duties upon local law enforcement agencies, the bill would impose a state-mandated local program. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.