REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
November 19, 2024
FROM
SHANNON D. DICUS, Sheriff/Coroner/Public Administrator
TRACY REECE, Chief Probation Officer, Probation Department
SUBJECT
Title
Transparent Review of Unjust Transfers and Holds - TRUTH Act (Assembly Bill 2792) Public Forum
End
RECOMMENDATION(S)
Recommendation
1. Conduct a public forum regarding United States Immigration and Customs Enforcement access to County inmates and probationers, as required by the Transparent Review of Unjust Transfers and Holds - TRUTH Act (Assembly Bill 2792), Government Code section 7283.1, subdivision (d).
2. Receive a report from the Sheriff/Coroner/Public Administrator and the Probation Department regarding United States Immigration and Customs Enforcement access to County inmates and probationers in 2023.
3. Receive Public Comment.
(Presenter: Shannon D. Dicus, Sheriff/Coroner/Public Administrator, 387-3671)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Provide for the Safety, Health and Social Service Needs of County Residents.
FINANCIAL IMPACT
Approval of this item will not result in the use of additional Discretionary General Funding (Net County Cost). The public forum will be held during the regularly scheduled Board of Supervisors (Board) meeting on November 19, 2024. The estimated cost is minimal, including costs for publication in local newspapers and interpreter fees, which will be funded by the Sheriff/Coroner/Public Administrator’s (Sheriff) 2024-25 Budget (4427001000).
BACKGROUND INFORMATION
The Transparent Review of Unjust Transfers and Holds (TRUTH) Act (Assembly Bill (AB) 2792) went into effect in California in January 2017. It requires that “[b]eginning January 1, 2018, the local governing body of any county, city, or city and county in which a local law enforcement agency has provided [United States Immigration and Customs Enforcement (ICE)] access to an individual during the last year shall hold at least one community forum during the following year, that is open to the public, in an accessible location, and with at least 30 days’ notice to provide information to the public about ICE’s access to individuals and to receive and consider public comment.” (Govt. Code, § 7283.1, subd. (d).) “ICE access” is defined by statute and includes, but is not limited to, responding to an ICE hold, notification of release, or transfer request; allowing ICE to interview an individual; and providing ICE with information regarding dates and times of probation or parole check-ins. (Govt. Code, § 7283, subd. (d).)
As required by AB 2792, the Board has held previous TRUTH Act forums on December 4, 2018, November 19, 2019, November 17, 2020, November 16, 2021, November 15, 2022, and November 14, 2023, for the 2017-22 calendar years. The Sheriff provided reportable ICE access to inmates housed in County detention facilities in 2023, triggering the requirement for the County to schedule a public forum to receive and consider public comment about ICE’s access to inmates. The Probation Department did not provide reportable ICE access to County probationers in 2023.
The public notice of the forum was posted in La Prensa Hispana on October 11, 2024, and on October 13, 2024, in the San Bernardino Sun, Press-Enterprise, and Daily Press, to meet the 30 day-advance notice to the public requirement.
PROCUREMENT
Not applicable.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Grace B. Parsons and Maria Insixiengmay, Deputies County Counsel, 387-5455) on October 24, 2024; Finance (Erika Rodarte , 387-4919 and Iliana Rodriguez, Administrative Analysts, 387-4205) on October 30, 2024; and County Finance and Administration (Robert Saldana, Deputy Executive Officer, 387-5423) on October 30, 2024.