HomeMy WebLinkAboutPolice Advisory & Accountability Committee 2025-02-19 Agenda PacketPOLICE ADVISORY AND ACCOUNTABILITY COMMITTEE
WEDNESDAY FEBRUARY 19, 2025, AT 6:00 PM
In-Person:
San Rafael City Council Chambers
1400 Fifth Ave, San Rafael, California
Virtual:
Watch Online: https://tinyurl.com/PAAC2025
Listen by Phone: (669) 444-9171
Meeting ID: 861 8590 4369
AGENDA
How to participate in the meeting:
•You are welcome to provide comments in person at the meeting. Each speaker
will have 2 minutes to provide public comment.
•Submit your comments by email to PAAC@cityofsanrafael.org by 4:00 p.m. the
day of the meeting.
CALL TO ORDER –6:00PM
MINUTES
1.Approve regular meeting minutes from the January 11, 2025, special meeting and
regular meeting minutes from the January 15, 2025, meeting.
OPEN TIME FOR PUBLIC EXPRESSION
The public is welcome to address the Police Advisory and Accountability Committee at
this time on matters not on the agenda that are within its jurisdiction. Comments may
be no longer than 2 minutes and should be respectful to the community.
OTHER AGENDA ITEMS
If necessary to ensure the completion of the following items, the Chairperson may
establish time limits for the presentations by individual speakers.
2.Other Agenda Items:
a.U.S. Customs & Immigration and the San Rafael Police Department
Recommendation: Receive the informational report.
STAFF LIAISON REPORT
3.Other brief program updates or reports on any meetings, conferences,
and/or seminars attended by staff.
COMMITTEE REPORTS
4.Other brief reports on any meetings, conferences, and/or seminars attended by the
Committee members.
ADJOURNMENT
Any records relating to an agenda item, received by a majority or more of the Board less than 72 hours before the meeting, sh all be
available for inspection online and in the city hall large conference room, third floor, 1400 5th Avenue, San Rafael, California placed
with other agenda-related materials on the table in front of the location prior to the meeting. Sign Language interpreters may be
requested by calling (415) 485-3066 (voice), emailing city.clerk@cityofsanrafael.org or using the California Telecommunications Relay
Service by dialing “711”, at least 72 hours in advance of the meeting. Copies of documents are available in accessible formats upon
request
POLICE ADVISORY AND ACCOUNTABILITY COMMITTEE (PAAC)
SATURDAY JANUARY 11, 2025, AT 9:00 AM
In-Person:
San Rafael City Council Chambers
1400 Fifth Ave, San Rafael, California
Virtual:
Watch Online:
https://tinyurl.com/PAAC2025SpecialMeeting
Listen by Phone: (669) 444-9171
Meeting ID: 898-5264-7245#
MINUTES
CALL TO ORDER
Chair Tokolahi called the meeting to order at 9:23 AM and requested a roll call.
ROLL CALL
Present: Member Daniel Alm
Member Marilyn Alvarez
Member Paula Kamena
Member Mydung Nguyen
Member Darlin Ruiz
Member Fatai Tokolahi
Alternate Member Salamah Locks
Alternate Member Karla Valdez
Absent: Member Darioush Davidi
Staff Present: Angela Robinson Piñon, Assistant City Manager
David Spiller, Police Chief
Scott Eberle, Lieutenant, San Rafael Police Department
Teresa Olson, Sr. Mgmt. Analyst, San Rafael Police Department
Lieutenant Scott Eberle informed the community that the in-person meeting would also be
recorded and streamed live to YouTube and through Zoom. He noted the two -minute timer for
public comment and closed captioning on Zoom.
OPEN TIME FOR PUBLIC EXPRESSION
Nikki Silverstein commented on transparency and writing a recent news article.
George Bigelow commented on public items of concern involving law enforcement and
applauded the Committee on their work.
Stephen Bingham spoke about procedural issues with the Committee and allowing three
minutes per speaker during the public comment portion of the meeting s and allowing
online comments.
Jason commented on binding arbitration .
Jerry Spolter commented on the arbitration decision and transparency.
Heidi thanked the Committee for their service and completing their first year. She spoke
about the goals of the Committee.
Lisa Doring commented on community trust and communication.
Emilio Pineda commented on the arbitration decision .
Mike commented on unions, policing and binding arbitration .
1. OTHER AGENDA ITEMS
a. Development of the 2025 Workplan
Lieutenant Scott Eberle presented the staff report.
The Committee asked questions.
Chair Tokolahi opened the item for public comment.
Speakers: George Bigelow, Xania, Stephen Bingham, Jason, Heidi, Nikki Silverstein, Lisa
Doring
Public Comment reflected interest in the following topics:
Youth & Policing (participation from the youth community)
Police Culture (including outside perspectives)
Pretext Stops
Collective Bargaining
Homelessness
Field Training Program
Transparency
Bylaws
The Committee members shared their topics of interest which included the following:
Topic Number of PAAC Members Interested in
Topic
Youth and Policing 8
Police Culture 7
Prostitution/Human-Trafficking 6
Transparency 6
ICE/Immigration 6
Homelessness 5
Police Wellness 4
RIPA 4
Traffic Safety 3
Collective bargaining 2
Police Academy 2
Pretext Stops 2
Theft and Burglary 2
Technology/Drones 1
Language Interpretation 1
Press Release Timelines 1
Use of Force 1
Bylaws 1
Complaint Data 1
Tie Breaking 2nd Round Vote
RIPA 5
Police Wellness 3
The top seven topics of interest to the PAAC will be presented in 2025.
ADJOURNMENT
Chair Tokolahi adjourned the meeting at 11:31 a.m.
___________________________
SCOTT EBERLE, Staff Liaison
APPROVED THIS _____DAY OF_______, 2024
POLICE ADVISORY AND ACCOUNTABILITY COMMITTEE (PAAC)
WEDNESDAY JANUARY 15, 2025, AT 6:00 PM
In-Person:
San Rafael City Council Chambers
1400 Fifth Ave, San Rafael, California
Virtual:
Watch Online:
https://tinyurl.com/PAAC2025
Listen by Phone: (669) 444-9171
Meeting ID: 898-5264-7245#
MINUTES
CALL TO ORDER
Chair Tokolahi called the meeting to order at 6:00 PM and requested a roll call.
ROLL CALL
Present: Member Daniel Alm
Member Marilyn Alvarez
Member Paula Kamena
Member Mydung Nguyen
Member Darlin Ruiz
Vice Chair Davidi
Chair Fatai Tokolahi
Alternate Member Salamah Locks (arrived at 6:05 PM)
Alternate Member Karla Valdez
Absent: NONE
Staff Present: Angela Robinson Piñon, Assistant City Manager
David Spiller, Police Chief
Scott Eberle, Lieutenant, San Rafael Police Department
Teresa Olson, Sr. Mgmt. Analyst, San Rafael Police Department
Joanna Kwok, Assistant Public Works Director, City of San Rafael
Eugelyn Lopez, Junior Engineer, City of San Rafael
Jimmy Jessup, Parametrix
Lieutenant Scott Eberle informed the community that the in-person meeting would also be
recorded and streamed live to YouTube and through Zoom. He noted the two -minute timer for
public comment and closed captioning on Zoom.
1.MINUTES
Chair Tokolahi invited public comment, however, there was none.
Member Alm moved to approve the November 20, 2024, and December 4, 2024 ,
minutes, Member Kamena seconded the motion.
AYES:
NOES:
MEMBERS: Alm, Alvarez, Davidi Kamena, Nguyen, Ruiz, Tokolahi
MEMBERS: None
ABSENT:
ABSTAIN:
MEMBERS:None
MEMBERS: None
The motion carried 7-0-0–0.
OPEN TIME FOR PUBLIC EXPRESSION
Jason spoke about the Brandon Nail arbitration decision quoting an article from the Pacific
Sun.
Heidi commented on the PAAC workplan, transparency, policy and bylaws.
2.OTHER AGENDA ITEMS
a.Assembly Bill No. 43 (AB 43) Presentation- Jimmy Jessup, Parametrix
Mr. Jessup presented the item.
The Committee asked questions.
Chair Tokolahi opened the item for public comment.
Speakers: Justin, Jason, Heidi
b.2024 PAAC Annual Report
Senior Management Analyst Olson presented the item.
The Committee asked questions.
Chair Tokolahi opened the item for public comment.
Speakers: Heidi, Jason
Member Kamena moved to accept the 2024 PAAC Annual Report with a change in
verbiage on page 10 of the Annual Report from the term recommendation to topic
under the Youth and Policing item, along with amending the introductory language
under Committee Recommendations section to reflect the recommendations were
diverse amongst Committee members, Member Ruiz seconded the motion.
AYES: MEMBERS: Alm, Alvarez, Davidi, Kamena, Nguyen, Ruiz, Tokolahi
NOES: MEMBERS: None
ABSENT: MEMBERS: None
ABSTAIN: MEMBERS: None
The motion carried 7-0-0–0.
STAFF LIAISON REPORT
Lieutenant Eberle reported the following complaint data for 2024:
o 33 Complaints
o 23 Exonerated
o 6 Unfounded
o 2 Sustained
o 2 Pending
o 1 Complaint was for bias
o 1 Complaint was for use of force
Neither the complaint regarding bias nor the use of force was sustained, and no additional
information is subject to public disclosure under §832.7 of the Penal Code.
Assistant City Manager Robinson -Pinon shared the recruitment information for the Marin
County Sheriff’s Civilian Oversight Committee. The recruitment is open through February
16, 2025.
COMMITTEE REPORTS
Member Davidi expressed his thanks to all first responders in the wake of the recent fires
in Los Angeles.
Member Kamena thanked the officers involved in the recent wrong -way freeway pursuit
and noted the coordination of multiple agencies.
Member Alm reported he had coffee with Heidi and discussed the recent PAAC Annual
Report.
Member Tokolahi thanked the communtiy for their involvement with the PAAC , attending
meetings, making comments and participation.
ADJOURNMENT
Chair Tokolahi adjourned the meeting at 7:51 PM
___________________________
SCOTT EBERLE, Staff Liaison
APPROVED THIS _____DAY OF_______, 2024
Page 1 of 3
POLICE ADVISORY AND
ACCOUNTABILITY COMMITTEE
AGENDA REPORT
February 19, 2025
Item 2a
TITLE: INFORMATION ON U.S. IMMIGRATION & CUSTOMS ENFORCEMENT (ICE)
AND THE SAN RAFAEL POLICE DEPARTMENT (SRPD)
RECOMMENDATION:
Receive the report.
BACKGROUND:
The San Rafael Police Department (SRPD or Department) is committed to ensuring the safety
and security of all individuals within our community, regardless of their immigration status. In
accordance with the California Values Act (SB 54) and SRPD Policy 413, our Department does
not engage in federal immigration enforcement. SB54 was enacted to limit the involvement of
local and state law enforcement agencies in immigration matters, thereby reinforcing community
trust, safeguarding public safety, and ensuring the ef fective functioning of law enforcement
agencies.
SRPD Policy 413 aligns with this state mandate by stipulating that personnel shall not utilize
Department resources for immigration enforcement. This policy is reflective of our broader
commitment to prioritizing community safety, including responding to service calls, investigating
criminal activities, and working collaboratively with residents to f oster a safer environment for all
in San Rafael.
SRPD recognizes that maintaining positive and cooperative relationships with our diverse
community, particularly with immigrant populations, is critical to the success of our policing efforts.
SRPD places a high value on building and sustaining trust through transparency, pro active
engagement, and accessibility. It is our firm belief that every member of the community,
regardless of immigration status, should feel confident in reaching out to law enforcement for
assistance without fear of immigration -related consequences.
Through these efforts, SRPD continues to prioritize the safety, well -being, and trust of all
residents, reinforcing our commitment to providing professional, responsive, and inclusive law
enforcement services to the entire San Rafael community.
DISCUSSION:
SRPD complies with SB 54 and SRPD Policy 413 by ensuring that our resources are not used for
immigration enforcement. As a matter of policy and practice, the SRPD does not engage in
immigration enforcement activities, including collaborating with federal immigration officials on
investigations, interrogations, detentions, or arrests related to immigration status, unless r equired
to do so by any future federal legal mandates. San Rafael remains committed to being a
welcoming and inclusive city. The following guidelines are in place to reinforce our commitment:
• Non-Involvement in Immigration Enforcement – Officers do not stop, question, arrest, or
detain individuals solely based on suspected immigration status.
• Data Protection – SRPD does not share personal information with federal immigration
Page 2 of 3
authorities unless required by state or federal law.
• Detainer Requests – The Department does not honor immigration detainer requests
without a judicial warrant or a qualifying criminal offense as outlined in SB 54.
• Community Reassurance – Officers are trained to communicate SRPD’s position on
immigration enforcement, ensuring that community members feel safe engaging with law
enforcement.
• Commitment to a Safe and Inclusive Community
SRPD requires all officers to uphold a professional commitment to enforcing the law consistently
and without bias. This commitment is essential in fostering public trust and improving the
Department’s effectiveness in serving and protecting the entire community while ensuring the
dignity and rights of all individuals are respected, regardless of national origin or immigration
status.
A fundamental responsibility of the SRPD is to build trust and establish meaningful connections
with all members of our community. Beyond ensuring policy compliance, we are dedicated to
strengthening our relationship with the immigrant community. We recogn ize that community
safety is a shared responsibility, and it is vital that individuals feel safe and supported when
reporting crimes, seeking assistance, or participating in civic life —without fear or hesitation. Our
goal is to create an environment where every resident feels valued, respected, and confident in
turning to law enforcement for help, knowing that their safety and well -being are our highest
priorities.
To that end, we actively engage with residents through outreach efforts, educational programs,
and cultural events that strengthen relationships between law enforcement and San Rafael’s
diverse communities.
COMMUNITY OUTREACH:
SRPD considers community engagement a core component of building trust, particularly with
immigrant communities. We are committed to establishing strong relationships through targeted
outreach efforts. Recent initiatives have included:
1. Holding Community Meetings in Spanish: To ensure accessibility, SRPD
organizes safety forums conducted entirely in Spanish. These sessions cover
topics such as crime prevention, domestic violence resources, and how to report
incidents without fear of immigration consequences.
2. Participation in Cultural and Religious Events: SRPD actively participates
in community events such as Día de los Muertos, local church gatherings, and
other cultural celebrations to demonstrate our commitment to inclusivity and to
interact with residents in a non -enforcement capacity.
3. Spanish-Speaking Community Academy: SRPD offers a Spanish-Speaking
Community Academy, providing residents with an in -depth look at police
operations, crime prevention, and community safety topics in their preferred
language. This program strengthens relationships, enhances transparency, and
empowers residents to engage with law enforcement confidently .
4. Youth Engagement & Cadet Program: We work closely with local schools to
recruit students for our Cadet and Explorer programs, ensuring that young people
from diverse backgrounds, including Hispanic /Latino students, have positive early
interactions with law enforcement. We actively recruit people from our local
Page 3 of 3
community to fill all positions within the police department.
5. Collaboration with Community Organizations: SRPD partners with
advocacy groups, non-profits, and legal aid organizations to provide resources,
education, and reassurance to immigrant families. These partnerships help bridge
gaps in understanding and ensure that residents know their rights and protections
under California law.
These outreach efforts reinforce SRPD’s commitment to ensuring that all residents, regardless of
immigration status, feel safe, valued, and supported in our community. SRPD remains steadfast
in our commitment to serving and supporting the entire San Rafael community. This includes
every individual, regardless of their nationality or immigration status. The Department’s mission
is rooted in ensuring public safety and delivering equitable service to everyone . We provide
protection and assistance to everyone w e serve.
FISCAL IMPACT:
None
Submitted by:
Roy Leon
Police Captain
Attachments:
1. SRPD Policy 413
2. California Values Act (SB 54)
3. SB54 Presentation
Policy
413
San Rafael Police Department
San Rafael PD Policy Manual
Immigration Violations
413.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines to members of the San Rafael Police Department
relating to immigration and interacting with federal immigration officials.
413.1.1 DEFINITIONS
The following definitions apply to this policy (Government Code § 7284.4):
Criminal immigration violation - Any federal criminal immigration violation that penalizes a
person’s presence in, entry, or reentry to, or employment in, the United States. This does not
include any offense where a judicial warrant already has been issued.
Immigration authority - Any federal, state, or local officer, employee, or other person performing
immigration enforcement functions.
Immigration enforcement - Any and all efforts to investigate, enforce, or assist in the investigation
or enforcement of any federal civil immigration law, including 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.
Judicial warrant - An arrest warrant for a violation of federal criminal immigration law and issued
by a federal judge or a federal magistrate judge.
413.2 POLICY
It is the policy of the San Rafael Police Department that all members make personal and
professional commitments to equal enforcement of the law and equal service to the public.
Confidence in this commitment will increase the effectiveness of this department in protecting and
serving the entire community and recognizing the dignity of all persons, regardless of their national
origin or immigration status.
413.3 VICTIMS AND WITNESSES
To encourage crime reporting and cooperation in the investigation of criminal activity, all
individuals, regardless of their immigration status, must feel secure that contacting or being
addressed by members of law enforcement will not automatically lead to immigration inquiry
and/or deportation. While it may be necessary to determine the identity of a victim or witness,
members shall treat all individuals equally and not in any way that would violate the United States
or California constitutions.
413.4 U VISA AND T VISA NONIMMIGRANT STATUS
Under certain circumstances, federal law allows temporary immigration benefits, known as a U
visa, to victims and witnesses of certain qualifying crimes (8 USC § 1101(a)(15)(U)).
Similar immigration protection, known as a T visa, is available for certain qualifying victims of
human trafficking (8 USC § 1101(a)(15)(T)).
Copyright Lexipol, LLC 2024/12/11, All Rights Reserved.
Published with permission by San Rafael Police Department
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San Rafael PD Policy Manual
Immigration Violations
Any request for assistance in applying for U visa or T visa status should be forwarded in a timely
manner to the Investigations Section supervisor assigned to oversee the handling of any related
case. The Investigations Section supervisor should:
(a)Consult with the assigned investigator to determine the current status of any related
case and whether further documentation is warranted.
(b)Contact the appropriate prosecutor assigned to the case, if applicable, to ensure the
certification or declaration has not already been completed and whether a certification
or declaration is warranted.
(c)Address the request and complete the certification or declaration, if appropriate, in a
timely manner.
1.The instructions for completing certification and declaration forms can be found
on the U.S. Department of Homeland Security (DHS) website.
2.Form I-918 Supplement B certification shall be completed if the victim qualifies
under Penal Code § 679.10 (multiple serious offenses). The certification shall be
completed and not refused for the specified reasons in Penal Code § 679.10(k)
(3).
3.Form I-914 Supplement B declaration shall be completed if the victim qualifies
under Penal Code § 236.5 or Penal Code § 679.11 (human trafficking). The
declaration shall be completed and not refused for completion for the specified
reasons in Penal Code § 679.11(j)(3).
4.Forward the completed Form I-918 Supplement B certification or completed
Form I-914 declaration B to the victim, family member, or authorized
representative (as defined in Penal Code § 679.10 and Penal Code § 679.11)
without requiring the victim to provide government-issued identification (Penal
Code § 679.10; Penal Code § 679.11)
(d)Ensure that any decision to complete, or not complete, a certification or declaration
form is documented in the case file and forwarded to the appropriate prosecutor.
Include a copy of any completed form in the case file.
1.If Form I-918 Supplement B is not certified, a written explanation of denial shall
be provided to the victim or authorized representative. The written denial shall
include specific details of any reasonable requests for cooperation and a detailed
description of how the victim refused to cooperate (Penal Code § 679.10).
(e)Inform the victim liaison of any requests and their status.
413.4.1 TIME FRAMES FOR COMPLETION
Officers and their supervisors who are assigned to investigate a case of human trafficking as
defined by Penal Code § 236.1 shall complete the above process and the documents needed for
indicating the individual is a victim for the T visa application within 15 business days of the first
encounter with the victim, regardless of whether it is requested by the victim (Penal Code § 236.5).
Officers and their supervisors shall complete the above process and the documents needed
certifying victim cooperation for a U visa or T visa application pursuant to Penal Code § 679.10
Copyright Lexipol, LLC 2024/12/11, All Rights Reserved.
Published with permission by San Rafael Police Department
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San Rafael PD Policy Manual
Immigration Violations
and Penal Code § 679.11 within 30 days of a request from the victim, victim's family, or authorized
representative related to one of their assigned cases. If the victim is in removal proceedings, the
certification shall be processed within seven days of the first business day following the day the
request was received.
413.4.2 POLICE REPORTS
Upon request, an officer or supervisor should provide a victim or authorized representative with a
copy of the report filed by the victim within seven days of the request (Penal Code § 679.10).
413.5 DETENTIONS, INVESTIGATIONS, AND ARRESTS
An officer shall not investigate, interrogate, detain, or arrest persons for immigration enforcement
purposes, including a civil violation of federal immigration laws or a related civil warrant
(Government Code § 7284.6).
An officer shall not use immigration authorities as interpreters for law enforcement matters relating
to individuals in agency or department custody(Government Code § 7284.6).
413.6 PROTECTION OF PERSONAL INFORMATION
The Department shall not collect any information about an individual's immigration status.
No officer shall provide personal information about an individual to any immigration authority,
including, but not limited to, the individual's name, physical description, home address, work
address, and telephone number unless that information is available to the public (Government
Code § 7284.6(a)(1)(D); Civil Code § 1798.3).
413.7 FEDERAL REQUESTS FOR ASSISTANCE
Requests by federal immigration officials for assistance from this department should be directed to
the Operations Lieutenant through the on-duty supervisor. departmentThe Operations Lieutenant
is responsible for determining whether the requested assistance would be permitted under the
California Values Act (Government Code § 7284.2 et seq.)..
413.8 POLICY VIOLATIONS
If an officer suspects that a violation of this policy has occurred, the officer shall promptly report
the violation to a supervisor detailing the personnel who are suspected to have been involved
in the suspected violation, the date of the suspected violation, and a detailed description of the
suspected violation.
Copyright Lexipol, LLC 2024/12/11, All Rights Reserved.
Published with permission by San Rafael Police Department
Immigration Violations - 357
Senate Bill No. 54
CHAPTER 495
An act to amend Sections 7282 and 7282.5 of, and to add Chapter 17.25
(commencing with Section 7284) to Division 7 of Title 1 of, the Government
Code, and to repeal Section 11369 of the Health and Safety Code, relating
to law enforcement.
[Approved by Governor October 5, 2017. Filed with
Secretary of State October 5, 2017.]
legislative counsel’s digest
SB 54, De León. Law enforcement: sharing data.
Existing law provides that when 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, the arresting agency shall notify the
appropriate agency of the United States having charge of deportation matters.
This bill would repeal those provisions.
Existing law provides that whenever an individual who is a victim of or
witness to a hate crime, or who otherwise can give evidence in a hate crime
investigation, is not charged with or convicted of committing any crime
under state law, a peace officer may not detain the individual exclusively
for any actual or suspected immigration violation or report or turn the
individual over to federal immigration authorities.
This bill would, among other things and subject to exceptions, prohibit
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 would, subject to exceptions, proscribe other
activities or conduct in connection with immigration enforcement by law
enforcement agencies. The bill would apply those provisions to the
circumstances in which a law enforcement official has discretion to cooperate
with immigration authorities. The bill would require, 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. The bill would require, 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. The bill would state that, among others, all other organizations and
entities that provide services related to physical or mental health and
wellness, education, or access to justice, including the University of
California, are encouraged to adopt the model policy. The bill would require
90
that a law enforcement agency that chooses to participate in a joint law
enforcement task force, as defined, submit a report annually pertaining to
task force operations to the Department of Justice, as specified. The bill
would require 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. The bill would require law
enforcement agencies to report to the department annually regarding transfers
of persons to immigration authorities. The bill would require 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.
The bill would require 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 state findings and declarations of the Legislature relating
to these provisions.
By imposing additional duties on public schools and local law enforcement
agencies, this 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.
The people of the State of California do enact as follows:
SECTION 1. Section 7282 of the Government Code is amended to read:
7282. For purposes of this chapter, the following terms have the
following meanings:
(a) “Conviction” shall have the same meaning as subdivision (d) of
Section 667 of the Penal Code.
(b) “Eligible for release from custody” means that the individual may be
released from custody because one of the following conditions has occurred:
(1) All criminal charges against the individual have been dropped or
dismissed.
(2) The individual has been acquitted of all criminal charges filed against
him or her.
(3) The individual has served all the time required for his or her sentence.
(4) The individual has posted a bond.
(5) The individual is otherwise eligible for release under state or local
law, or local policy.
90
— 2 —Ch. 495
(c) “Hold request,” “notification request,” and “transfer request” have
the same meanings as provided in Section 7283. Hold, notification, and
transfer requests include requests issued by the United States Immigration
and Customs Enforcement or the United States Customs and Border
Protection as well as any other immigration authorities.
(d) “Law enforcement official” means any local agency or officer of a
local agency authorized to enforce criminal statutes, regulations, or local
ordinances or to operate jails or to maintain custody of individuals in jails,
and any person or local agency authorized to operate juvenile detention
facilities or to maintain custody of individuals in juvenile detention facilities.
(e) “Local agency” means any city, county, city and county, special
district, or other political subdivision of the state.
(f) “Serious felony” means any of the offenses listed in subdivision (c)
of Section 1192.7 of the Penal Code and any offense committed in another
state which, if committed in California, would be punishable as a serious
felony as defined by subdivision (c) of Section 1192.7 of the Penal Code.
(g) “Violent felony” means any of the offenses listed in subdivision (c)
of Section 667.5 of the Penal Code and any offense committed in another
state which, if committed in California, would be punishable as a violent
felony as defined by subdivision (c) of Section 667.5 of the Penal Code.
SEC. 2. Section 7282.5 of the Government Code is amended to read:
7282.5. (a) A law enforcement official shall have discretion to cooperate
with immigration authorities only if doing so would not violate any federal,
state, or local law, or local policy, and where permitted by the California
Values Act (Chapter 17.25 (commencing with Section 7284)). Additionally,
the specific activities described in subparagraph (C) of paragraph (1) of
subdivision (a) of, and in paragraph (4) of subdivision (a) of, Section 7284.6
shall only occur under the following circumstances:
(1) The individual has been convicted of a serious or violent felony
identified in subdivision (c) of Section 1192.7 of, or subdivision (c) of
Section 667.5 of, the Penal Code.
(2) The individual has been convicted of a felony punishable by
imprisonment in the state prison.
(3) The individual has been convicted within the past five years of a
misdemeanor for a crime that is punishable as either a misdemeanor or a
felony for, or has been convicted within the last 15 years of a felony for,
any of the following offenses:
(A) Assault, as specified in, but not limited to, Sections 217.1, 220, 240,
241.1, 241.4, 241.7, 244, 244.5, 245, 245.2, 245.3, 245.5, 4500, and 4501
of the Penal Code.
(B) Battery, as specified in, but not limited to, Sections 242, 243.1, 243.3,
243.4, 243.6, 243.7, 243.9, 273.5, 347, 4501.1, and 4501.5 of the Penal
Code.
(C) Use of threats, as specified in, but not limited to, Sections 71, 76,
139, 140, 422, 601, and 11418.5 of the Penal Code.
(D) Sexual abuse, sexual exploitation, or crimes endangering children,
as specified in, but not limited to, Sections 266, 266a, 266b, 266c, 266d,
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266f, 266g, 266h, 266i, 266j, 267, 269, 288, 288.5, 311.1, 311.3, 311.4,
311.10, 311.11, and 647.6 of the Penal Code.
(E) Child abuse or endangerment, as specified in, but not limited to,
Sections 270, 271, 271a, 273a, 273ab, 273d, 273.4, and 278 of the Penal
Code.
(F) Burglary, robbery, theft, fraud, forgery, or embezzlement, as specified
in, but not limited to, Sections 211, 215, 459, 463, 470, 476, 487, 496, 503,
518, 530.5, 532, and 550 of the Penal Code.
(G) Driving under the influence of alcohol or drugs, but only for a
conviction that is a felony.
(H) Obstruction of justice, as specified in, but not limited to, Sections
69, 95, 95.1, 136.1, and 148.10 of the Penal Code.
(I) Bribery, as specified in, but not limited to, Sections 67, 67.5, 68, 74,
85, 86, 92, 93, 137, 138, and 165 of the Penal Code.
(J) Escape, as specified in, but not limited to, Sections 107, 109, 110,
4530, 4530.5, 4532, 4533, 4534, 4535, and 4536 of the Penal Code.
(K) Unlawful possession or use of a weapon, firearm, explosive device,
or weapon of mass destruction, as specified in, but not limited to, Sections
171b, 171c, 171d, 246, 246.3, 247, 417, 417.3, 417.6, 417.8, 4574, 11418,
11418.1, 12021.5, 12022, 12022.2, 12022.3, 12022.4, 12022.5, 12022.53,
12022.55, 18745, 18750, and 18755 of, and subdivisions (c) and (d) of
Section 26100 of, the Penal Code.
(L) Possession of an unlawful deadly weapon, under the Deadly Weapons
Recodification Act of 2010 (Part 6 (commencing with Section 16000) of
the Penal Code).
(M) An offense involving the felony possession, sale, distribution,
manufacture, or trafficking of controlled substances.
(N) Vandalism with prior convictions, as specified in, but not limited to,
Section 594.7 of the Penal Code.
(O) Gang-related offenses, as specified in, but not limited to, Sections
186.22, 186.26, and 186.28 of the Penal Code.
(P) An attempt, as defined in Section 664 of, or a conspiracy, as defined
in Section 182 of, the Penal Code, to commit an offense specified in this
section.
(Q) A crime resulting in death, or involving the personal infliction of
great bodily injury, as specified in, but not limited to, subdivision (d) of
Section 245.6 of, and Sections 187, 191.5, 192, 192.5, 12022.7, 12022.8,
and 12022.9 of, the Penal Code.
(R) Possession or use of a firearm in the commission of an offense.
(S) An offense that would require the individual to register as a sex
offender pursuant to Section 290, 290.002, or 290.006 of the Penal Code.
(T) False imprisonment, slavery, and human trafficking, as specified in,
but not limited to, Sections 181, 210.5, 236, 236.1, and 4503 of the Penal
Code.
(U) Criminal profiteering and money laundering, as specified in, but not
limited to, Sections 186.2, 186.9, and 186.10 of the Penal Code.
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(V) Torture and mayhem, as specified in, but not limited to, Section 203
of the Penal Code.
(W) A crime threatening the public safety, as specified in, but not limited
to, Sections 219, 219.1, 219.2, 247.5, 404, 404.6, 405a, 451, and 11413 of
the Penal Code.
(X) Elder and dependent adult abuse, as specified in, but not limited to,
Section 368 of the Penal Code.
(Y) A hate crime, as specified in, but not limited to, Section 422.55 of
the Penal Code.
(Z) Stalking, as specified in, but not limited to, Section 646.9 of the Penal
Code.
(AA) Soliciting the commission of a crime, as specified in, but not limited
to, subdivision (c) of Section 286 of, and Sections 653j and 653.23 of, the
Penal Code.
(AB) An offense committed while on bail or released on his or her own
recognizance, as specified in, but not limited to, Section 12022.1 of the
Penal Code.
(AC) Rape, sodomy, oral copulation, or sexual penetration, as specified
in, but not limited to, paragraphs (2) and (6) of subdivision (a) of Section
261 of, paragraphs (1) and (4) of subdivision (a) of Section 262 of, Section
264.1 of, subdivisions (c) and (d) of Section 286 of, subdivisions (c) and
(d) of Section 288a of, and subdivisions (a) and (j) of Section 289 of, the
Penal Code.
(AD) Kidnapping, as specified in, but not limited to, Sections 207, 209,
and 209.5 of the Penal Code.
(AE) A violation of subdivision (c) of Section 20001 of the Vehicle Code.
(4) The individual is a current registrant on the California Sex and Arson
Registry.
(5) The individual has been convicted of a federal crime that meets the
definition of an aggravated felony as set forth in subparagraphs (A) to (P),
inclusive, of paragraph (43) of subsection (a) of Section 101 of the federal
Immigration and Nationality Act (8 U.S.C. Sec. 1101), or is identified by
the United States Department of Homeland Security’s Immigration and
Customs Enforcement as the subject of an outstanding federal felony arrest
warrant.
(6) In no case shall cooperation occur pursuant to this section for
individuals arrested, detained, or convicted of misdemeanors that were
previously felonies, or were previously crimes punishable as either
misdemeanors or felonies, prior to passage of the Safe Neighborhoods and
Schools Act of 2014 as it amended the Penal Code.
(b) In cases in which the individual is arrested and taken before a
magistrate on a charge involving a serious or violent felony, as identified
in subdivision (c) of Section 1192.7 or subdivision (c) of Section 667.5 of
the Penal Code, respectively, or a felony that is punishable by imprisonment
in state prison, and the magistrate makes a finding of probable cause as to
that charge pursuant to Section 872 of the Penal Code, a law enforcement
official shall additionally have discretion to cooperate with immigration
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officials pursuant to subparagraph (C) of paragraph (1) of subdivision (a)
of Section 7284.6.
SEC. 3. Chapter 17.25 (commencing with Section 7284) is added to
Division 7 of Title 1 of the Government Code, to read:
Chapter 17.25. Cooperation with Immigration Authorities
7284. This chapter shall be known, and may be cited, as the California
Values Act.
7284.2. The Legislature finds and declares the following:
(a) Immigrants are valuable and essential members of the California
community. Almost one in three Californians is foreign born and one in
two children in California has at least one immigrant parent.
(b) A relationship of trust between California’s immigrant community
and state and local agencies is central to the public safety of the people of
California.
(c) This trust is threatened when state and local agencies are entangled
with federal immigration enforcement, with the result that immigrant
community members fear approaching police when they are victims of, and
witnesses to, crimes, seeking basic health services, or attending school, to
the detriment of public safety and the well-being of all Californians.
(d) Entangling state and local agencies with federal immigration
enforcement programs diverts already limited resources and blurs the lines
of accountability between local, state, and federal governments.
(e) State and local participation in federal immigration enforcement
programs also raises constitutional concerns, including the prospect that
California residents could be detained in violation of the Fourth Amendment
to the United States Constitution, targeted on the basis of race or ethnicity
in violation of the Equal Protection Clause, or denied access to education
based on immigration status. See Sanchez Ochoa v. Campbell, et al. (E.D.
Wash. 2017) 2017 WL 3476777; Trujillo Santoya v. United States, et al.
(W.D. Tex. 2017) 2017 WL 2896021; Moreno v. Napolitano (N.D. Ill. 2016)
213 F. Supp. 3d 999; Morales v. Chadbourne (1st Cir. 2015) 793 F.3d 208;
Miranda-Olivares v. Clackamas County (D. Or. 2014) 2014 WL 1414305;
Galarza v. Szalczyk (3d Cir. 2014) 745 F.3d 634.
(f) This chapter seeks to ensure effective policing, to protect the safety,
well-being, and constitutional rights of the people of California, and to direct
the state’s limited resources to matters of greatest concern to state and local
governments.
(g) It is the intent of the Legislature that this chapter shall not be construed
as providing, expanding, or ratifying any legal authority for any state or
local law enforcement agency to participate in immigration enforcement.
7284.4. For purposes of this chapter, the following terms have the
following meanings:
(a) “California law enforcement agency” means a state or local law
enforcement agency, including school police or security departments.
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“California law enforcement agency” does not include the Department of
Corrections and Rehabilitation.
(b) “Civil immigration warrant” means any warrant for a violation of
federal civil immigration law, and includes civil immigration warrants
entered in the National Crime Information Center database.
(c) “Immigration authority” means any federal, state, or local officer,
employee, or person performing immigration enforcement functions.
(d) “Health facility” includes health facilities as defined in Section 1250
of the Health and Safety Code, clinics as defined in Sections 1200 and
1200.1 of the Health and Safety Code, and substance abuse treatment
facilities.
(e) “Hold request,” “notification request,” “transfer request,” and “local
law enforcement agency” have the same meaning as provided in Section
7283. Hold, notification, and transfer requests include requests issued by
United States Immigration and Customs Enforcement or United States
Customs and Border Protection as well as any other immigration authorities.
(f) “Immigration enforcement” includes any and all efforts to investigate,
enforce, or assist in the investigation or enforcement of any federal civil
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.
(g) “Joint law enforcement task force” means at least one California law
enforcement agency collaborating, engaging, or partnering with at least one
federal law enforcement agency in investigating federal or state crimes.
(h) “Judicial probable cause determination” means a determination made
by a federal judge or federal magistrate judge that probable cause exists that
an individual has violated federal criminal immigration law and that
authorizes a law enforcement officer to arrest and take into custody the
individual.
(i) “Judicial warrant” means a warrant based on probable cause for a
violation of federal criminal immigration law and issued by a federal judge
or a federal magistrate judge that authorizes a law enforcement officer to
arrest and take into custody the person who is the subject of the warrant.
(j) “Public schools” means all public elementary and secondary schools
under the jurisdiction of local governing boards or a charter school board,
the California State University, and the California Community Colleges.
(k) “School police and security departments” includes police and security
departments of the California State University, the California Community
Colleges, charter schools, county offices of education, schools, and school
districts.
7284.6. (a) California law enforcement agencies shall not:
(1) Use agency or department moneys or personnel to investigate,
interrogate, detain, detect, or arrest persons for immigration enforcement
purposes, including any of the following:
(A) Inquiring into an individual’s immigration status.
(B) Detaining an individual on the basis of a hold request.
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(C) Providing information regarding a person’s release date or responding
to requests for notification by providing release dates or other information
unless that information is available to the public, or is in response to a
notification request from immigration authorities in accordance with Section
7282.5. Responses are never required, but are permitted under this
subdivision, provided that they do not violate any local law or policy.
(D) Providing personal information, as defined in Section 1798.3 of the
Civil Code, about an individual, including, but not limited to, the individual’s
home address or work address unless that information is available to the
public.
(E) Making or intentionally participating in arrests based on civil
immigration warrants.
(F) Assisting immigration authorities in the activities described in Section
1357(a)(3) of Title 8 of the United States Code.
(G) Performing the functions of an immigration officer, whether pursuant
to Section 1357(g) of Title 8 of the United States Code or any other law,
regulation, or policy, whether formal or informal.
(2) Place peace officers under the supervision of federal agencies or
employ peace officers deputized as special federal officers or special federal
deputies for purposes of immigration enforcement. All peace officers remain
subject to California law governing conduct of peace officers and the policies
of the employing agency.
(3) Use immigration authorities as interpreters for law enforcement
matters relating to individuals in agency or department custody.
(4) Transfer an individual to immigration authorities unless authorized
by a judicial warrant or judicial probable cause determination, or in
accordance with Section 7282.5.
(5) Provide office space exclusively dedicated for immigration authorities
for use within a city or county law enforcement facility.
(6) Contract with the federal government for use of California law
enforcement agency facilities to house individuals as federal detainees,
except pursuant to Chapter 17.8 (commencing with Section 7310).
(b) Notwithstanding the limitations in subdivision (a), this section does
not prevent any California law enforcement agency from doing any of the
following that does not violate any policy of the law enforcement agency
or any local law or policy of the jurisdiction in which the agency is operating:
(1) Investigating, enforcing, or detaining upon reasonable suspicion of,
or arresting for a violation of, Section 1326(a) of Title 8 of the United States
Code that may be subject to the enhancement specified in Section 1326(b)(2)
of Title 8 of the United States Code and that is detected during an unrelated
law enforcement activity. Transfers to immigration authorities are permitted
under this subsection only in accordance with paragraph (4) of subdivision
(a).
(2) Responding to a request from immigration authorities for information
about a specific person’s criminal history, including previous criminal
arrests, convictions, or similar criminal history information accessed through
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the California Law Enforcement Telecommunications System (CLETS),
where otherwise permitted by state law.
(3) Conducting enforcement or investigative duties associated with a
joint law enforcement task force, including the sharing of confidential
information with other law enforcement agencies for purposes of task force
investigations, so long as the following conditions are met:
(A) The primary purpose of the joint law enforcement task force is not
immigration enforcement, as defined in subdivision (f) of Section 7284.4.
(B) The enforcement or investigative duties are primarily related to a
violation of state or federal law unrelated to immigration enforcement.
(C) Participation in the task force by a California law enforcement agency
does not violate any local law or policy to which it is otherwise subject.
(4) Making inquiries into information necessary to certify an individual
who has been identified as a potential crime or trafficking victim for a T or
U Visa pursuant to Section 1101(a)(15)(T) or 1101(a)(15)(U) of Title 8 of
the United States Code or to comply with Section 922(d)(5) of Title 18 of
the United States Code.
(5) Giving immigration authorities access to interview an individual in
agency or department custody. All interview access shall comply with
requirements of the TRUTH Act (Chapter 17.2 (commencing with Section
7283)).
(c) (1) If a California law enforcement agency chooses to participate in
a joint law enforcement task force, for which a California law enforcement
agency has agreed to dedicate personnel or resources on an ongoing basis,
it shall submit a report annually to the Department of Justice, as specified
by the Attorney General. The law enforcement agency shall report the
following information, if known, for each task force of which it is a member:
(A) The purpose of the task force.
(B) The federal, state, and local law enforcement agencies involved.
(C) The total number of arrests made during the reporting period.
(D) The number of people arrested for immigration enforcement purposes.
(2) All law enforcement agencies shall report annually to the Department
of Justice, in a manner specified by the Attorney General, the number of
transfers pursuant to paragraph (4) of subdivision (a), and the offense that
allowed for the transfer, pursuant to paragraph (4) of subdivision (a).
(3) All records described in this subdivision 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. To the extent that disclosure of a particular item
of information would endanger the safety of a person involved in an
investigation, or would endanger the successful completion of the
investigation or a related investigation, that information shall not be
disclosed.
(4) If more than one California law enforcement agency is participating
in a joint task force that meets the reporting requirement pursuant to this
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section, the joint task force shall designate a local or state agency responsible
for completing the reporting requirement.
(d) The Attorney General, by March 1, 2019, and annually thereafter,
shall report on the total number of arrests made by joint law enforcement
task forces, and the total number of arrests made for the purpose of
immigration enforcement by all task force participants, including federal
law enforcement agencies. To the extent that disclosure of a particular item
of information would endanger the safety of a person involved in an
investigation, or would endanger the successful completion of the
investigation or a related investigation, that information shall not be included
in the Attorney General’s report. The Attorney General shall post the reports
required by this subdivision on the Attorney General’s Internet Web site.
(e) This section does not prohibit or restrict any government entity or
official from sending to, or receiving from, federal immigration authorities,
information regarding the citizenship or immigration status, lawful or
unlawful, of an individual, or from requesting from federal immigration
authorities immigration status information, lawful or unlawful, of any
individual, or maintaining or exchanging that information with any other
federal, state, or local government entity, pursuant to Sections 1373 and
1644 of Title 8 of the United States Code.
(f) Nothing in this section shall prohibit a California law enforcement
agency from asserting its own jurisdiction over criminal law enforcement
matters.
7284.8. (a) The Attorney General, by October 1, 2018, in consultation
with the appropriate stakeholders, shall publish model policies limiting
assistance with immigration enforcement to the fullest extent possible
consistent with federal and state law at public schools, public libraries,
health facilities operated by the state or a political subdivision of the state,
courthouses, Division of Labor Standards Enforcement facilities, the
Agricultural Labor Relations Board, the Division of Workers Compensation,
and shelters, and ensuring that they remain safe and accessible to all
California residents, regardless of immigration status. All public schools,
health facilities operated by the state or a political subdivision of the state,
and courthouses shall implement the model policy, or an equivalent policy.
The Agricultural Labor Relations Board, the Division of Workers’
Compensation, the Division of Labor Standards Enforcement, shelters,
libraries, and all other organizations and entities that provide services related
to physical or mental health and wellness, education, or access to justice,
including the University of California, are encouraged to adopt the model
policy.
(b) For any databases operated by state and local law enforcement
agencies, including databases maintained for the agency by private vendors,
the Attorney General shall, by October 1, 2018, in consultation with
appropriate stakeholders, publish guidance, audit criteria, and training
recommendations aimed at ensuring that those databases are governed in a
manner that limits the availability of information therein to the fullest extent
practicable and consistent with federal and state law, to anyone or any entity
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for the purpose of immigration enforcement. All state and local law
enforcement agencies are encouraged to adopt necessary changes to database
governance policies consistent with that guidance.
(c) Notwithstanding the rulemaking provisions of the Administrative
Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2), the Department of Justice may implement, interpret,
or make specific this chapter without taking any regulatory action.
7284.10. (a) The Department of Corrections and Rehabilitation shall:
(1) In advance of any interview between the United States Immigration
and Customs Enforcement (ICE) and an individual in department custody
regarding civil immigration violations, 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 may decline to be interviewed or may choose
to be interviewed only with his or her attorney present. The written consent
form shall be available in English, Spanish, Chinese, Tagalog, Vietnamese,
and Korean.
(2) Upon receiving any ICE hold, notification, or transfer request, provide
a copy of the request to the individual and inform him or her whether the
department intends to comply with the request.
(b) The Department of Corrections and Rehabilitation shall not:
(1) Restrict access to any in-prison educational or rehabilitative
programming, or credit-earning opportunity on the sole basis of citizenship
or immigration status, including, but not limited to, whether the person is
in removal proceedings, or immigration authorities have issued a hold
request, transfer request, notification request, or civil immigration warrant
against the individual.
(2) Consider citizenship and immigration status as a factor in determining
a person’s custodial classification level, including, but not limited to, whether
the person is in removal proceedings, or whether immigration authorities
have issued a hold request, transfer request, notification request, or civil
immigration warrant against the individual.
7284.12. The provisions of this act are severable. If any provision of
this act or its application is held invalid, that invalidity shall not affect other
provisions or applications that can be given effect without the invalid
provision or application.
SEC. 4. Section 11369 of the Health and Safety Code is repealed.
SEC. 5. If the Commission on State Mandates determines that this act
contains 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.
O
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Ch. 495— 11 —
SB54/
Immigration
Policy
Captain Roy Leon
SENATE BILL 54
▪Senate Bill 54, also known as the California Values Act,
was signed in 2017 and went into effect on January 1st,
2018. The primary purpose of Senate Bill 54 is to limit the
involvement of local and state law enforcement
agencies, in federal immigration enforcement, aiming to
protect immigrant communities.
SENATE BILL 54
▪Key aspects of Senate Bill 54 include:
▪Restricting cooperation with federal immigration
authorities. The bill prevents local law enforcement
agencies from using their resources to assist federal
immigration enforcement, such as U.S. Immigration and
Customs Enforcement (ICE), unless it is related to specific
criminal cases or public safety concerns.
SENATE BILL 54
▪Local law enforcement is restricted from transferring
individuals to ICE custody for deportation purposes.
▪The law allows certain exceptions, such as when
individuals have been convicted of certain serious
felonies, or if they are being sought for a criminal
investigation related to a violent crime.
▪i.e.-Rape, Child Abuse, Kidnapping, Homicide
SENATE BILL 54
▪The law is intended to build trust between immigrant
communities and local law enforcement by ensuring
that people are not afraid to report crimes or cooperate
with the police, due to fear of deportation.
SRPD POLICY 413
Immigration Violations
▪The purpose of SRPD Policy 413 is to provide guidelines to members of the San Rafael Police Department relating to immigration and interacting with federal immigration officials.
▪It is the policy of the San Rafael Police Department that all members make personal and professional commitments to equal enforcement of the law and equal service to the public. Confidence in this commitment will increase the effectiveness of this department in protecting and serving the entire community and recognizing the dignity of all persons, regardless of their national origin or immigration status.
SRPD POLICY 413
Immigration Violations
▪To encourage crime reporting and cooperation in the
investigation of criminal activity, all individuals,
regardless of their immigration status, must feel secure
that contacting or being addressed by members of law
enforcement will not automatically lead to immigration
inquiry and/or deportation. While it may be necessary to
determine the identity of a victim or witness, members
shall treat all individuals equally and not in any way that
would violate the United States or California
constitutions.
SRPD POLICY 413
Immigration Violations
▪An officer shall not investigate, interrogate, detain, or
arrest persons for immigration enforcement purposes,
including a civil violation of federal immigration laws or a
related civil warrant (Government Code §7284.6).
▪An officer shall not use immigration authorities as
interpreters for law enforcement matters relating to
individuals in agency or department custody
(Government Code §7284.6).
SRPD POLICY 413
Immigration Violations
▪The Department shall not collect any information about
an individual's immigration status. No officer shall provide
personal information about an individual to any
immigration authority, including, but not limited to, the
individual's name, physical description, home address,
work address, and telephone number unless that
information is available to the public (Government Code
§7284.6(a)(1)(D); Civil Code §1798.3).
SRPD POLICY 413
Immigration Violations
▪Requests by federal immigration officials for assistance
from this department should be directed to the
Operations Lieutenant through the on-duty supervisor.
The Operations Lieutenant is responsible for determining
whether the requested assistance would be permitted
under the California Values Act (Government Code §
7284.2 et seq.).
▪Full details of the San Rafael Police Department
immigration policy can be found on our website at
srpd.org
CONTACT
CAPTAIN ROY LEON
485@srpd.org
415-485-3392