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HomeMy WebLinkAboutCM Senate Bill 54 Advisory LetterSAN RAFAEL 6. 1,, THE CITY WITH A MISSION Agenda Item No: 5_a Meeting Date: August 21, 2017 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: City Manager's Office P—� Prepared by: Jim Schutz, City Manager City Manager Approval: Diana Bishop, Chief of Police SUBJECT: ADVISORY LETTER REGARDING SENATE BILL 54: "The California Values Act" RECOMMENDATION: Direct staff to send the attached advisory letter regarding Senate Bill 54. BACKGROUND: Senate Bill 54 "The California Values Act" (SB 54) was introduced in December 2016 and passed by the Senate with a vote of 27-12 in April 2017. The bill is currently in the Assembly and was amended six times with the most recent amendment on July 10, 2017. The current full text of the bill is attached. The Legislative Counsel's Digest states, in part: 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 resources to investigate, interrogate, detain, detect, or arrest persons for immigration enforcement purposes, as specified. The bill would require, by April 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 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 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, every 6 months, that a law enforcement agency that chooses to participate in a joint law enforcement task force, as defined, submit a report pertaining to task force operations to the Department of Justice, as specified. The bill would require the Attorney FOR CITY CLERK ONLY File No.: 116 x 9-1 Council Meeting: 08/21/2017 Disposition: Provided direction to staff SAN RAFAEL CITY COUNCIL AGENDA REPORT / Paae: 2 General, by March 1, 2019, and twice a year thereafter, to report on the types and frequency of joint law enforcement taskforces, and other information, as specified, and to post those reports on the Attorney General's Internet Web site. The bill would require the Board of Parole Hearings or the Department of Corrections and Rehabilitation, as applicable, to notify United States Immigration and Customs Enforcement of the scheduled release on parole or post -release community supervision, or rerelease following a period of confinement pursuant to a parole revocation without a new commitment, of all persons confined to state prison serving a current term for the conviction of a violent or serious felony, or who has a prior conviction for a violent or serious felony. On August 7, 2017, the San Rafael City Council held a Study Session on our position and practices affecting undocumented immigrants and SB 54 was a primary point of discussion. Staff verbally reviewed the City's position and practices which have now been attached to the draft letter described below. ANALYSIS: The City of San Rafael has long operated with an extreme amount of respect for all of our community. We are a city for all of our residents and businesses and are proud of the trust that we have built with our immigrant community. Immigrants are extremely valued and essential members of San Rafael and we are a stronger city for it. The City has had a long standing and consistent approach regarding immigration issues. In short, the Police Department does not enforce immigration laws, does not inquire about immigration status when conducting its business, and does not assist United States Immigration and Customs Enforcement (ICE) when that agency conducts administrative arrests or sweeps. City staff has been tracking SB 54. The following are a few of the many entities that have weighed in on SB 54. A longer list of registered support and opposition can be found in the Assembly Committee on Judiciary bill analvsis from their July 5, 2017 hearing. Positions taken on SB 54 California Police Chiefs Association Oppose California State Sheriffs' Association Oppose County of Marin Board of Supervisors Support / No positionWatch League of California Cities Canal Alliance Support Based on feedback at the August 7, 2017 Study Session, staff has prepared the attached letter. The attachment to the letter entitled "San Rafael Position and Practices Affecting Undocumented Immigrants" are the statements made by the Chief of Police at the Study Session. Staff is seeking direction on the advisory letter and its attachment. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 COMMUNITY OUTREACH: In November 2016, the San Rafael Police Department and Canal Alliance held a joint press conference at City Hall on Facebook Live to reiterate our policy to not inquire immigration status or enforce immigration laws. The video has been viewed over 11,000 times. The City Council held a Study Session on August 7, 2017. Staff notified the community about this agenda item through the City Manager's newsletter and the City's website. FISCAL IMPACT: There is no direct fiscal impact of providing direction to staff regarding the advisory letter. The Senate Appropriations Committee determined the law could require $2.7 million in one- time funds, and $2.3 million ongoing for compliance policies, training, outreach, and reporting. Costs for creating and implementing new procedures required by the bill to local law enforcement agencies are unknown. It is unclear how much, if any, federal funding that state and local agencies could lose if SB 54 passes and is signed by Governor Jerry Brown. The City of San Rafael receives federal funds mostly in the form of federal grants for specific projects, such as street or sidewalk work, or particular staffing efforts. The amount per year varies considerably based on that year's activities and the City's success in securing grants. The total is typically in the range of $1 million to $5 million per year. Again, it is unknown at this time if any of those funds would be affected by the passage of SB 54 or subsequent actions at the federal level. OPTIONS: The City Council may take one of the following options on this matter: 1. Direct staff to send the attached advisory letter, with or without modifications. 2. Direct staff to return with more information. 3. Take no action. RECOMMENDED ACTION: Provide direction to staff to send the attached advisory letter. ATTACHMENTS: 1. SB 54 2. Draft advisory letter AMENDED IN ASSEMBLY JULY 10, 2017 AMENDED IN ASSEMBLY JUNE 19, 2017 AMENDED IN SENATE MARCH 29, 2017 AMENDED IN SENATE MARCH 6, 2017 AMENDED IN SENATE MARCH 1, 2017 AMENDED IN SENATE JANUARY 24, 2017 SENATE BILL No. 54 Introduced by Senator De Leon (Principal coauthors: Senators Atkins, Beall, Pan, and Wiener) (Principal coauthors: Assembly Members Bonta, Chiu, Cooper, Gomez, Levine, Reyes, and Santiago) December 5, 2016 An act to add Chapter 17.25 (commencing with Section 7284) to Division 7 of Title 1 of the Government Code, to repeal Section 11369 of the Health and Safety Code, and to add Section 3058.10 to the Penal Code, relating to law enforcement. LEGISLATIVE COUNSEL'S DIGEST SB 54, as amended, De Le6n. 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. 93 SB 54 —2— 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 resources to investigate, interrogate, detain, detect, or arrest persons for immigration enforcement purposes, as specified. The bill would require, by April 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 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 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, every 6 months, that a law enforcement agency that chooses to participate in a joint law enforcement task force, as defined, submit a report pertaining to task force operations to the Department of Justice, as specified. The bill would require the Attorney General, by March 1, 2019, and twice a year 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 the Board of Parole Hearings or the Department of Corrections and Rehabilitation, as applicable, to notify United States Immigration and Customs Enforcement of the scheduled release on parole or postrelease community supervision, or rerelease following a period of confinement pursuant to a parole revocation without a new commitment, of all persons confined to state prison serving a current term for the conviction of a violent or serious felony, or who has a prior conviction for a violent or serious felony. This bill would state findings and declarations of the Legislature relating to these provisions. 93 -3— SB 54 By imposing additional duties on public schools, 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. Vote: majority. Appropriation: no. Fiscal committee: yes. State -mandated local program: yes. The people of the State of California do enact as follows: 1 SECTION 1. Chapter 17.25 (commencing with Section 7284) 2 is added to Division 7 of Title 1 of the Government Code, to read: 3 4 CHAPTER 17.25. COOPERATION WITH FEDERAL IMMIGRATION 5 AUTHORITIES 6 7 7284. This chapter shall be known, and may be cited, as the 8 California Values Act. 9 7284.2. The Legislature finds and declares the following: 10 (a) Immigrants are valuable and essential members of the 11 California community. Almost one in three Californians is foreign 12 born and one in two children in California has at least one 13 immigrant parent. 14 (b) A relationship of trust between California's immigrant 15 community and state and local agencies is central to the public 16 safety of the people of California. 17 (c) This trust is threatened when state and local agencies are 18 entangled with federal immigration enforcement, with the result 19 that immigrant community members fear approaching police when 20 they are victims of, and witnesses to, crimes, seeking basic health 21 services, or attending school, to the detriment of public safety and 22 the well-being of all Californians. 23 (d) Entangling state and local agencies with federal immigration 24 enforcement programs diverts already limited resources and blurs 25 the lines of accountability between local, state, and federal 26 governments. 93 SB 54 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 —4— (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. (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. 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. (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) "Federal immigration authority" means any officer, employee, or person otherwise paid by or acting as an agent of United States Immigration and Customs Enforcement or United States Customs and Border Protection, or any division thereof, or any other officer, employee, or person otherwise paid by or acting as an agent of the United States Department of Homeland Security who is charged with immigration enforcement. (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 federal 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 93 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 -5— SB 54 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. "Immigration enforcement" does not include either of the following: (1) Efforts to investigate, enforce, or assist in the investigation or enforcement of 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. (2) Transferring an individual to federal immigration authorities for a violation of Section 1326(a) of Title 8 of the United States Code that is subject to the enhancement specified in Section 1326(b)(2) of that title if the individual has been previously convicted of a violent felony listed in subdivision (c) of Section 667.5 of the Penal Code. (g) "Joint law enforcement task force" means -a at least one California law enforcement agency collaborating, engaging, or partnering with -a at least one federal law enforcement agency in fib, int�riv� this, :l;t�etiftiiag, or urrvsiiitg persons for violafions of 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. 0) "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. 93 SB 54 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 —6- 7284.6. (a) California law enforcement agencies shall not do any of the following: (1) Use agency or department moneys, facilities, property, equipment, or personnel to investigate, interrogate, detain, detect, or arrest persons for immigration enforcement purposes, including, but not limited to, any of the following: (A) Inquiring into an individual's immigration status. (B) Detaining an individual on the basis of a hold request. (C) Responding to requests for notification by providing release dates or other information unless that information is available to the public. (D) Providing information regarding a person's release date unless that information is available to the public. (E) Providing personal information about an individual, including, but not limited to, the individual's home address or work address unless that information is available to the public. (F) Making -Making, assisting, or participating in arrests based on civil immigration warrants. (G) Giving federal immigration authorities access to interview an individual in agency or department custody, except pursuant to a judicial warrant, and in accordance with Section 7283.1. (H) Assisting federal immigration authorities in the activities described in Section 1357(a)(3) of Title 8 of the United States Code. (1) 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) Make agency or department databases, including databases maintained for the agency or department by private vendors, or the information therein other than information within those databases regarding an individual's citizenship or immigration status, available to anyone or any entity for the purpose of immigration enforcement. Any agreements in effect on January 1, 2018, that conflict with the terms of this paragraph are terminated on that date. -1 p✓^ion or catityAll persons and entities provided access to agency or department databases shall certify in writing that the database will be kept confidential and will not be used for the purposes prohibited by this section. (3) Place peace officers under the supervision of federal agencies or employ peace officers deputized as special federal officers or 93 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 -7— SB 54 special federal deputies except to the extent those peace officers remain subject to California law governing conduct of peace officers and the policies of the employing agency. (4) Use federal immigration authorities as interpreters for law enforcement matters relating to individuals in agency or department custody. (5) Transfer an individual to federal immigration authorities unless authorized by a judicial warrant or judicial probable cause determination, or for a violation of Section 1326(a) of Title 8 of the United States Code that is subject to the enhancement specified in Section 1326(b)(2) of Title 8 of the United States Code and the individual has been previously convicted of a violent felony listed in subdivision (c) of Section 667.5 of the Penal Code. (b) Notwithstanding the limitations in subdivision (a), this section does not prevent any California law enforcement agency from doing any of the4J.lrroving: 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) Responding to a request from federal immigration authorities for information about a specific person's criminal history, including previous criminal arrests, convictions, and similar criminal history information accessed through the California Law Enforcement Telecommunications System (CLETS), where otherwise permitted by state law. (2) Participating in a joint law enforcement task force, so long as the primary purpose of the joint law enforcement task force is not immigration enforcement, as defined in subdivision (f) of Section -72G4.4, and foivc by the 'ifornia law nic/nt cla✓ n:t tc airy lower Or p0BYY 7284.4. (3) 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. (4) Responding to a notification request from federal immigration authorities for a person who is serving a term for the conviction of a misdemeanor or felony offense and has a current or prior conviction for a violent felony listed in subdivision (c) of 93 SB 54 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 —8— Section 667.5 of the Penal Code or a serious felony listed in subdivision (c) of Section 1192.7 of the Penal Code, response would not -violme a la✓1 lave or poliuj. Code. (c) If a California law enforcement agency chooses to participate in a joint law enforcement task force, it shall submit a report every six months to the Department of Justice, as specified by the Attorney General. The report shall detail for each task force operation, the purpose of the task force, the federal, state, and local law enforcement agencies involved, the number of California law enforcement agency personnel involved, a description of arrests made for any federal and state crimes, and a description of the number of people arrested for immigration enforcement purposes. The ivimitC iig ugcn,ry or tlic Attorney Getteral tn d:tcmiJd1c u rept i, in winuly ur in pari;, mall nui bc; subjud tO di cliu3uru pui^aurUit , the California Publie informatio"wald c^a&ng✓r the ion involved in wi itwestig ion or wcfald aadun&:�,; the su✓✓,sxf-al completion e 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. (d) The Attorney General, by March 1, 2019, and twice a year thereafter, shall report on the types and frequency of joint law enforcement task forces. The report shall include, for the reporting period, assessments on compliance with paragraph (2) of subdivision (b), a list of all California law enforcement agencies that participate in joint law enforcement task forces, a list of joint law enforcement task forces operating in the state and their purposes, the number of arrests made associated with joint law enforcement task forces for the violation of federal or state crimes, and the number of arrests made associated with joint law enforcement task forces 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 93 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 -9— SB 54 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) Notwithstanding any other law, a California law enforcement agency shall not transfer an individual to federal immigration authorities for purposes of immigration enforcement or detain an individual at the request of federal immigration authorities for purposes of immigration enforcement absent a judicial warrant or judicial probable cause determination, except as provided in paragraph (5) of subdivision (a). This subdivision does not limit the scope of subdivision (a). (f) 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 pursuant to Sections 1373 and 1644 of Title 8 of the United States Code. 7284.8. The Attorney General, by April 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, 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. 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. 7284.10. 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. 2. Section 11369 of the Health and Safety Code is repealed. SEC. 3. Section 3058.10 is added to the Penal Code, to read: 3058.10. (a) The Board of Parole Hearings, with respect to inmates sentenced pursuant to subdivision (b) of Section 1168, or 93 SB 54 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 the Department of Corrections and Rehabilitation, with respect to inmates sentenced pursuant to Section 1170, shall notify United States Immigration and Customs Enforcement of the scheduled release on parole or postrelease community supervision, or rerelease following a period of confinement pursuant to a parole revocation without a new commitment, of all persons confined to state prison serving a current term for the conviction of, or who have a prior conviction for, a violent felony listed in subdivision (c) of Section 667.5 or a serious felony listed in subdivision (c) of Section 1192.7. (b) The notification shall be made at least 60 days prior to the scheduled release date or as soon as practicable if notification cannot be provided at least 60 days prior to release. The only nonpublicly available personal information that the notification may include is the name of the person who is scheduled to be released and the scheduled date of release. SEC. 4. 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. Al 93 August 22, 2017 The Honorable Kevin de Leon Senate President pro Tempore State Capitol, Room 205 Sacramento, CA 95814 RE: Advisory Letter Regarding Senate Bill 54 (de Leon) California Values Act Dear Senate President pro Tempore de Leon: The City of San Rafael wishes to help inform the debate over SB 54 by sharing San Rafael's law enforcement practices as they relate to our immigrant community. The City of San Rafael has long operated with an abiding respect for all members of our community. We are a city for all of our residents and businesses and are proud of the trust that we have built with our immigrant community. Immigrants are valued and essential members of San Rafael and we are a stronger city for it. This commitment is not new. When someone calls 9-1-1, our police and fire departments are there to help those in need in their time of need. Our libraries, community centers, parks and childcare centers are safe places for everyone. Attached to this letter, please find a document that explains the City of San Rafael's values. We hope they will assist you in current debate over SB 54. Sincer µ Gary Philli Schutz Mayor City Manager cc: Senator Mike McGuire Assemblymember Marc Levine Nancy Hall Bennett, League of California Cities Gary O. Phillips Mayor • Mar beth Bushey, Vice Mayor • Kate Colin, Councilmember • Jahn Gamblin Councilmember • Andrew Cuyugan McCullough. Councilmember SARA RAFAEL THE a ry WI FH A MISSION The City -of San Rafael is committed to the equitable treatment of all and to fostering a community of inclusion. We embrace the diversity that makes up our great city. This commitment is not new. BACKGROUND I. Immigrants are valued members of the San Rafael community. According to the census, 27.6% of our population is foreign -born.' II.- Our police department exists to protect and serve everyone. Our job is to assist those in need in their time of need. We are everyone's police department. 111. As a City, we have worked hard to develop and maintain relationships of trust with our immigrant community. Relationships that revolve around trust are important to the well-being of a community. Our community is safer when all residents feel comfortable reporting criminal activity, either as a victim or a witness. IV. Our local law enforcement is not responsible for the enforcement of immigration laws; that is the responsibility of our federal government, specifically Immigration and Customs Enforcement (ICE). V. Our police department does not operate a jail or detention facility. All arrestees are generally cited and released or booked at the Marin County Jail. We do not have interaction with ICE regarding arrestees or inmates. VI. When a subject is arrested for a serious, violent crime, we expect that person to be dealt with to the fullest extent of the law, including immigration laws. PRACTICES I. Our police department subscribes to the doctrine of Fair and Impartial Policing. We do not take law enforcement action against an individual based solely on that person's perceived race, national origin, religion, language, or immigration status. II. Our police department does not inquire about immigration status when conducting its business. III. Our police department does not assist ICE when that agency conducts administrative arrests or sweeps. IV. Our police department does not notify ICE when booking arrestees at the County jail. V. Our police department does not participate in any joint task force that is made up of federal, state and local law enforcement. The City of San Rafael does contribute funds to the Marin ' US Census QuickFacts for San Rafael, California. https;//www.census.pov/c[uickfacts/fact/table/sanrafaelcitvcalifornia/PST045216 (accessed August 1, 2017) County Major Crimes Task Force in lieu of providing a law enforcement officer. We have no plans to join any task force that is made up of federal, state, and local law enforcement. VI. Our police department only assists ICE if there is a public safety emergency, such as if a member of the public or an officer is in danger, or if a subject is being arrested for a criminal warrant. SAN RAFAEL STAFF REPORT APPROVAL THE CITY WITH A MISSION ROUTING SLIP Staff Report Author: Rebecca Woodbury (for Jim Schutz) Date of Meeting: 08/21/2017 Department: City Manager's office Topic: SB 54: "The California Values Act" Subject: Discuss City Council Position on SB 54 Type: (check all that apply) ❑ Consent Calendar ❑ Public Hearing ® Discussion Item ❑ Resolution ❑ Ordinance ❑ Professional Services Agreement ❑ Informational Report *If PSA, City Attorney approval is required prior to start of staff report approval process Was agenda item publicly noticed? ❑ Yes El No i Date noticed: ❑Mailed ❑Site posted ❑Marin IJ Due Date Responsibility Description Completed Initial / Comment Date DEPARTMENT REVIEW FRIDAY Director Director approves staff 8/8/2017 noon report is ready for ACM, RW 8/4 City Attorney & Finance review. CONTENT REVIEW MONDAY Assistant City Manager ACM, City Attorney & 8/8/2017 morning Finance will review items, RW 8/7 make edits using track Click here to City Attorney changes and ask questions enter a date using comments. Items will LG be returned to the author 8/9/2017 Finance by end of day Wednesday. MM DEPARTMENT REVISIONS FRIDAY Author Author revises the report 8/11/2017 noon based on comments 8/11 receives and produces a final version (all track changes and comments removed) by Friday at noon. ACM, CITY ATTORNEY, FINANCE FINAL APPROVAL MONDAY Assistant City Manager ACM, City Attorney & 8/14/2017 morning Finance will check to see 8/14 their comments were Click he. , ,j City Attorney adequately addressed and enter a date sign -off for the City LG Manager to conduct the 8/14/2017 Finance final review. MM TU ES City Manager Final review and approval Click here to noon enter a date 8/15 Attch cc: RAP A a 2 0 ,TY WITH Ply August 21, 2017 The Honorable Kevin de Leon Senate President pro Tempore State Capitol, Room 205 Sacramento, CA 95814 .VP RE: Advisory Letter Regarding Senate Bill 54 (de Leon) California Values Act Dear Senate President pro Tempore de Leon: The City of San Rafael wishes to help inform the debate over SB 54, and the values it seeks to promote, by sharing San Rafael's law enforcement practices as they relate to our immigrant community. The City of San Rafael has long operated with an abiding respect for all members of our community. We are a city for all of our residents and businesses and are proud of the trust that we have built with our immigrant community. Immigrants are valued and essential members of San Rafael and we are a stronger city for it. This commitment is not new. When someone calls 9-1-1, our police and fire departments are there to help those in need in their time of need. Our libraries, community centers, parks and childcare centers are safe places for everyone. Attached to this letter, please find the City of San Rafael's position and practices affecting undocumented immigrants. This document explains our values and we hope they will assist you in the current debate over SB 54. Sincerely, Gary Phillips Mayor Jim Schutz City Manager City of San Rafael's position and practices affecting undocumented immigrants Senator Mike McGuire Assemblymember Marc Levine Nancy Hall Bennett, League of California Cities Gary 0 Phillips, Mayor • Maribeth Bushey, Vice Mayor • Kate Colin, Councilmember • John Gamblin, Councilmember • Andrew Cuyugan McCullough, Councilmember ��, SAN RAFAEL POSITION AND PRACTICES AFFECTING THE CITY WITH A MISSION UNDOCUMENTED IMMIGRANTS The City of San Rafael is committed to the equitable treatment of all and to fostering a community of inclusion. We embrace the diversity that makes up our great city. This commitment is not new. BACKGROUND I. Immigrants are valued members of the San Rafael community. According to the census, 27.6% of our population is foreign -born.' II. Our police department exists to protect and serve everyone. Our job is to assist those in need in their time of need. We are.everyone's police department. III. As a City, we have worked hard to develop and maintain relationships of trust with our immigrant community. Relationships that revolve around trust are important to the well-being of a community. Our community is safer when all residents feel comfortable reporting criminal activity, either as a victim or a witness. IV. Our local law enforcement is not responsible for the enforcement of immigration laws; that is the responsibility of our federal government, specifically Immigration and Customs Enforcement (ICE). V. Our police department does not operate a jail or detention facility. All arrestees are generally cited and released or booked at the Marin County Jail. We do not have interaction with ICE regarding arrestees or inmates. VI. When a subject is arrested for a serious, violent crime, we expect that person to be dealt with to the fullest extent of the law, including immigration laws. PRACTICES I. Our police department subscribes to the doctrine of Fair and Impartial Policing. We do not take law enforcement action against an individual based solely on that person's perceived race, national origin, religion, language, or immigration status. II. Our police department does not inquire about immigration status when conducting its business. III. Our police department does not assist ICE when that agency conducts administrative arrests or sweeps. IV. Our police department does not notify ICE when booking arrestees at the County jail. V. Our police department does not participate in any joint task force that is made up of federal, state and local law enforcement. The City of San Rafael does contribute funds to the Marin ' US Census QuickFacts for San Rafael, California. htti)s://www.census.gov/quickfacts/fact/table/sanrafaelcitvcalifornia/PST045216 (accessed August 1, 2017) County Major Crimes Task Force in lieu of providing a law enforcement officer. We have no plans to join any task force that is made up of federal, state, and local law enforcement. A Our police department only assists ICE if there is a public safety emergency, such as if a member of the public or an officer is in danger, or if a subject is being arrested for a criminal warrant.