TO: Board of Supervisors
FROM: Ryan J. Alsop, County Executive Officer
REPORT BY: Daniel Sanchez, Senior Management Analyst
SUBJECT: Transparent Review of Unjust Transfers and Holds (TRUTH Act) Community Forum
RECOMMENDATION
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PUBLIC HEARING - TRUTH Act
Convene a community forum pursuant to the federal Transparent Review of Unjust Transfers and Holds Act, which calls for counties to hold annual public forums explaining how County law enforcement worked with Immigration and Customs Enforcement representatives. (No Fiscal Impact; Mandatory)
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BACKGROUND
In 2016, the Governor signed into law the Transparent Review of Unjust Transfers and Holds Act, also known as the "TRUTH Act." Beginning in 2018, the TRUTH Act requires the governing body of a local government, such as Napa County, to hold a community forum if a "local law enforcement agency" operated by a local government provided the federal Immigration and Customs Enforcement (ICE) agency with "ICE access" to individuals for civil immigration enforcement purposes during the prior calendar year. (Government Code section 7283.1(d).
The TRUTH Act defines a "local law enforcement agency" as a department that:
1. Enforces criminal laws, regulations and local ordinances;
2. Operates a jail or juvenile detention facility;
3. Maintains custody of individuals in a jail or in a juvenile detention facility; OR
4. Monitors compliance with probation or parole conditions.
In addition, "ICE Access" is defined by the TRUTH Act as any of the following:
1. Responding to an ICE hold, notification, or transfer request;
2. Providing ICE with advance notice of detention facility release information that is not otherwise available to the public;
3. Providing ICE with non-public information regarding detention facility release dates, home or work addresses;
4. Permitting ICE to interview an individual; OR
5. Providing ICE with probation or parole check-in dates and times.
To determine whether a TRUTH Act Community F...
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