REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
November 16, 2021
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 local detention centers, 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’s Department regarding its interaction and communications with the United States Immigration and Customs Enforcement in 2020.
3. Receive a report from the Probation Department regarding its interaction and communications with the United States Immigration and Customs Enforcement in 2020.
4. Receive Public Comment.
(Presenter: John Ades, Deputy Chief, 387-3760)
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 16, 2021. 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’s Department) 2021-22 Budget (4427001000).
BACKGROUND INFORMATION
The Transparent Review of Unjust Transfers and Holds - TRUTH Act (Assembly Bill 2792) went into effect in California in January of 2017, and 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 to the 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)).
In 2020, the Sheriff’s Department provided ICE access to information and inmates housed in County detention facilities, when permissible under California and federal law. This action triggers 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 have responsive contact with ICE in 2020.
On October 5, 2021 (Item No. 50), the Board considered and scheduled the required forum for November 16, 2021, at 10:00 A.M. The public notice of the forum was posted in The San Bernardino Sun, The Press-Enterprise, the Daily Press, and La Prensa Hispana on October 15, 2021, to meet the 30 day-advance notice requirement.
PROCUREMENT
Not applicable.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Richard D. Luczak, Deputy County Counsel, 387-5455; and Jamie Ryan, Deputy County Counsel, 387-5455) on October 22, 2021; Finance (Carolina Mendoza, Administrative Analyst, 387-0294) on October 26, 2021; and County Finance and Administration (Robert Saldana, Deputy Executive Officer, 387-5423) on October 28, 2021.