AB 1708: Law enforcement: sharing data.

Existing law prohibits state and local law enforcement agencies, including school police and security departments, from using money or personnel to investigate, interrogate, detain, detect, or arrest persons for immigration enforcement purposes, as specified, and subject to exceptions, proscribe other activities or conduct in connection with immigration enforcement by law enforcement agencies. Existing law prohibits a law enforcement official from cooperating with immigration authorities where individuals were arrested, detained, or convicted of misdemeanors that were previously felonies or were previously crimes punishable as either misdemeanors or felonies, as specified. Existing law prohibits the Department of Corrections and Rehabilitation from taking into account an individuals citizenship or immigration status in regards to access to educational or rehabilitative programming or credit-earning opportunities or to determining an individuals custodial classification level.

This bill would remove these restrictions on state and local law enforcement agencies.

Existing law requires the Department of Corrections and Rehabilitation to provide an individual in department custody with specified information in advance of the individuals interview with the United States Immigration and Customs Enforcement regarding civil immigration violations. Existing law requires the Attorney General, in consultation with appropriate stakeholders, to publish model policies limiting assistance with immigration enforcement, as specified, and to publish guidance, audit criteria, and training recommendations aimed at ensuring that state and local law enforcement databases are governed that limits the availability of information to anyone for the purpose of immigration enforcement.

This bill would eliminate these requirements from the Department of Corrections and Rehabilitation and the Attorney General.

Existing law authorizes a law enforcement official to use discretion when cooperating with immigration authorities as permitted by law. Existing law authorizes law enforcement officials to provide information regarding an individuals release date and to transfer an individual to immigration authorities under specified circumstances, including when the individual has been convicted within the last 15 years of a felony, as specified. Existing law authorizes a law enforcement official to use discretion when cooperating with immigration officials when an individual has been arrested and charged with a felony, as specified, and a magistrate makes a finding of probable cause as to that charge, as specified.

This bill would require a law enforcement official to cooperate with federal immigration officials and detain an individual, after the individual becomes eligible for release, on the basis of an immigration hold for specified reasons, including when the individual has been convicted at any time of a felony, as specified, or the individual has been arrested and charged with a felony, as specified, and a magistrate makes a finding of probable cause as to the charge.

By imposing additional duties on 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.