SB 1364

Bill Subjects

Abstract

(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.