ICE ACCESS C-185 FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: IMMIGRATION STATUS NO: C-185
FILE: ICE ACCESS
EFFECTIVE DATE: 01-01-18 REVISED: 03-20-18, 07-18-19, 12-03-19, 09-09-21
AUTHORITY: Sheriff J. Zanoni APPROVED BY: Assistant Sheriff S. McComas
REFERENCE: Fresno County Sheriff's Office Policies and Procedures Section No.
102; Penal Code Section 834c; and Government Code Sections 6254,
7282, 7282.5, 7283, 7283.1, 7284.4, and 7284.6 [TRUST Act (AB 4, 2013);
TRUTH Act (AB 2792, 2016); and California Values Act (SB 54, 2017)].
PURPOSE:
The purpose of this policy is to establish and maintain a consistent method of access,
communication, and cooperation with United States Immigration and Customs
Enforcement (ICE) agents.
POLICY:
It is the policy of the Fresno County Sheriff's Office Jail Division to cooperate with all law
enforcement agencies, providing access to computer databases and responding to
agency requests. Contrarily, in order to comply with the California Values Act,
immigration authorities must be restricted from normal law enforcement access and
information sharing. This policy serves to address those restrictions.
It is the policy of the Fresno County Sheriff's Office Jail Division that all records relating
to ICE access provided by the Sheriff's Office, including all communication with ICE,
shall be public records for purposes of the California Public Records Act (PRA).
It is the policy of the Fresno County Sheriff's Office Jail Division to cooperate with
immigration authorities to the extent that doing so does not violate any federal, state, or
local law or local policy, and where permitted by the California Values Act.
It is the policy of the Fresno County Sheriff's Office Jail Division that no person shall be
held solely on the basis of their immigration status.
Page 1 of 10
FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: IMMIGRATION STATUS NO: C-185
FILE: ICE ACCESS
PROCEDURE:
I. DEFINITIONS
ICE ACCESS: means all of the following-
(1) Responding to an ICE hold, notification, or transfer request.
(2) Providing notification to ICE in advance of the public that an individual is
being or will be released at a certain date and time through data sharing or
otherwise.
(3) Providing ICE non-publicly available information regarding release
dates, home addresses, or work addresses, whether through computer
databases, jail logs, or otherwise.
(4) Allowing ICE to interview an individual.
(5) Providing ICE information regarding dates and times of probation or
parole check-ins.
HOLD REQUEST: means an ICE request that a local law enforcement agency
maintain custody of an individual currently in its custody beyond the time he
or she would otherwise be eligible for release in order to facilitate transfer to
ICE.
NOTIFICATION REQUEST: means an ICE request that a local law enforcement
agency inform ICE of the release date and time in advance of the public of
an individual in its custody.
TRANSFER REQUEST: means an ICE request that a local law enforcement
agency facilitate the transfer of an individual in its custody to ICE.
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.
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.
Page 2 of 10
FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: IMMIGRATION STATUS NO: C-185
FILE: ICE ACCESS
II. CALIFORNIA VALUES ACT - LIMITATIONS AND ALLOWANCES
A. Members of the Sheriff's Office shall not perform any of the following for
the purpose of immigration enforcement-
1. Inquire into an individual's immigration status.
2. Detain an individual on the basis of a hold request.
3. Provide information regarding a person's release date or respond to
requests for notification by providing release dates or other
information unless that information is available to the public, or is in
response to a notification request in accordance with GC 7282.5.
[Refer to Section VI I.]
4. Provide personal information that identifies an individual (unless that
information is available to the public). Non-disclosed personal
information includes, but is not limited to: the individual's home
address, work address, social security number, home telephone
number, education, financial matters, medical or employment history,
and includes statements made by, or attributed to, the individual.
5. Use immigration authorities as interpreters.
6. Transfer an individual to immigration authorities unless authorized by
a judicial warrant or judicial probable cause determination, or in
accordance with GC 7282.5. [Refer to Section VII.]
7. Provide office space exclusively dedicated for immigration
authorities.
B. Notwithstanding the limitations in section (A) above, members of the
Sheriff's Office may perform the following:
1. Respond to a request from ICE for information about a specific
person's criminal history, including previous criminal arrests,
convictions, or similar criminal history information.
2. Provide information that is available to the public, including:
a. Information posted on the Sheriff's website (e.g., name, date of
birth, physical description including date of birth, color of eyes and
hair, sex, height and weight, time and date of arrest, time and
date of booking, housing location, all charges being held upon,
bail amount, sentence date, release date, and arresting agency).
Page 3 of 10
FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: IMMIGRATION STATUS NO: C-185
FILE: ICE ACCESS
b. Information available pursuant to the Public Records Act
(occupation, factual circumstances surrounding arrest, and time
and manner of release).
3. Give ICE access to interview an individual in custody. All interview
access shall comply with requirements of the TRUTH Act, and
Sections IV and V of this policy.
III. DEMOGRAPHIC INFORMATION
A. When a foreign national is arrested or detained, there are legal
requirements to ensure that the foreign national's government can offer
appropriate consular assistance. In most cases, the inmate has the
option to decide whether to have consular representatives notified of the
arrest, however, 56 countries require mandatory notification. For the
purpose of consular notification, a "foreign national" is any person who is
not a United States citizen.
B. In order to determine notification requirements, the Booking Officer is
responsible to complete the demographic information in Offendertrak,
which includes the inmate's PRIMARY LANGUAGE and COUNTRY OF
BIRTH. This information is used to communicate with the inmate in a
language they prefer and to comply with United States treaty obligations
regarding consular notification and access. The Booking Officer shall
not inquire into an individual's immigration status.
[Refer to policy C-130/Foreign Nationals(FILE: FOREIGN NATIONALS).]
IV. WRITTEN CONSENT
In advance of any interview between ICE and an inmate, the inmate shall be
provided with a written consent form.
A. A Records Officer will be responsible to provide the inmate with a copy
of the multilingual (English, Spanish, Hmong) Consent Form [Addendum
A_]. The form explains that ICE may request to interview the inmate to
determine the inmate's immigration status and ascertain if the inmate is
lawfully entitled to be in the United States. The form explains that the
interview is voluntary, and that the inmate may decline to be interviewed,
or may choose to be interviewed only with his/her attorney present.
Page 4 of 10
FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: IMMIGRATION STATUS NO: C-185
FILE: ICE ACCESS
1. The form is also available in Chinese, Korean, Tagalog, and
Vietnamese. [Refer to Addendums B, C, D and E, respectively.]
2. If the form is not available in a language understood by the inmate,
the Records Officer must find an interpreter on staff or through the
Sheriff's translation service [Addendum F]. The translator's name
and ID number shall be recorded in the inmate's GENERAL LOG.
3. If the inmate is illiterate or otherwise unable to read, the information
shall be read and/or explained to the inmate.
B. The inmate is instructed to select an option and sign the form.
1. Staff should reassure the inmate that their decision is voluntary.
Under no condition shall staff mislead or coerce an inmate into
signing an agreement to be interviewed.
2. If an inmate refuses to sign the form, the officer shall write "refused to
sign" on the signature line. The inmate's refusal to sign the form
shall be considered a refusal to be interviewed.
C. The Records Officer shall note the selection made by the inmate in
Offendertrak [PERSON�DEMOGRAPHICS�ADD/TELE/CDC/CONSUL
CDC#/AFIS/ICE CONSENT (Attribute = ICE INTERVIEW CONSENT; Value =
YES, NO, or ATTORNEY, as applicable)]. The form shall be scanned into
Laserfiche (under Jail Records "ICE Consent Form").
V. INTERVIEW PROCEDURES
A. When an ICE agent requests an interview with an inmate, the Lobby
Officer shall review the inmate's ICE CONSENT field (under PERSON
DEMOGRAPHICS) to ensure that the inmate has given consent prior to
initiating an interview event. Only inmates who have given written
consent to be interviewed may be interviewed by ICE agents.
1. The event shall be initiated as an "ICE Interview" via Offendertrak.
The name of the ICE agent shall be documented in the
DESCRIPTION field on the EVENT screen.
2. The event shall be completed by either the floor officer or Lobby
Officer, depending on the inmate's location.
B. If the inmate did not give consent, the interview will be denied.
Page 5 of 10
FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: IMMIGRATION STATUS NO: C-185
FILE: ICE ACCESS
C. If the Consent Form has not yet been initiated (or entered in
Offendertrak), the ICE agent should be directed to Jail Records.
V1. IMMIGRATION DETAINERS
A. Upon receipt of an Immigration Detainer— Notice of Action (DHS Form I-
247A), the detainer will be accepted and added. In compliance with the
TRUST Act, the detainer will not serve as a hold, or delay an inmate's
release beyond the scheduled date of release unless ICE presents proof
that it has probable cause for the detention (i.e., an arrest warrant or
probable cause statement signed by a federal judge or magistrate).
NOTE: Detainers and warrants are entirely separate and are not to be
confused.
1. Duly issued warrants and probable cause statements signed by a
federal judge or federal magistrate will be honored in all cases.
2. ICE detainers remain subject to release, and will not affect the ability
of inmates to post bond or cause them to be ineligible for release
pursuant to court order. This includes the Cruz v. County of Fresno
federal court order, or release to any program.
3. A copy of any document submitted by ICE may be provided to the
inmate's attorney, upon request.
B. The receiving officer shall complete an ICE Request Notification form
[Addendum G], notifying the inmate of the request and indicating
whether the Sheriff's Office intends to comply with the request.
1. Both the ICE Request Notification form and DHS Form 1-247A shall
be scanned into Laserfiche (under Jail Records "ICE Request
Notification").
2. Copies of both forms shall be provided to the inmate.
C. Release date information is public information and persons requesting
such should be directed to the Sheriff's website. If a Sheriff's Office
employee provides ICE with notification that an inmate is being, or will
be, released on a certain date, the same notification shall be promptly
provided to the inmate and to his/her attorney or to one additional person
who the inmate shall be permitted to designate.
Page 6 of 10
FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: IMMIGRATION STATUS NO: C-185
FILE: ICE ACCESS
1. An ICE Notification of Release form [Addendum H] shall be
completed and delivered to the inmate by a designated Records
Officer.
2. The Records Officer shall be responsible to ensure that a copy of the
request is forwarded to the person so named by the inmate.
D. Inmates will not be transferred into the custody of immigration
authorities unless authorized by a judicial warrant or judicial probable
cause determination, or in accordance with GC 7282.5. [Refer to section vii.]
E. If a law enforcement agency wishes to re-arrest an individual who is
being released from custody, they may do so after the individual has
completed the release process.
1. Given that the release vestibule opens into the publicly accessible
lobby, in order to alleviate any unnecessary risks to the individual,
officers, and/or any bystanders, the arresting officers may request
permission to enter the release vestibule to effect the arrest.
a. The arresting agency must submit the request in writing,
delineating a compelling need for heightened safety and security
measures.
b. The supervising sergeant will assess the merits of the request on
a case-by-case basis. Approved requests shall be documented
in an incident report (1059/Release Vestibule Arrest).
c. The individual's property (particularly any property containing
weapons or items that could be used as weapons) should be
placed into a manila envelope and provided upon exit from the
release vestibule.
d. Under no circumstances shall the inmate's release be delayed or
postponed.
2. If an inmate exhibits aggressive or hostile behavior during the
release process, the releasing officer may seek approval from the
supervising sergeant to admit the arresting agency into the release
vestibule for safety and security reasons. Such action shall be
documented in an incident report (1059).
Page 7 of 10
FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: IMMIGRATION STATUS NO: C-185
FILE: ICE ACCESS
VI I. TRANSFER BASED UPON QUALIFYING CONDITION (GC 7282.5)
In accordance with the California Values Act, inmates with qualifying
conditions may be transferred into the custody of immigration authorities.
[Refer to Addendum I for the list of conditions.]
A. ICE may request the transfer of an individual by submitting a "Request
for Transfer" on agency letterhead. The request must be submitted to
Jail Records and include the following information:
1. The inmate's name, date of birth, JID and Booking numbers.
2. The qualifying condition (i.e., current registrant on the California Sex
and Arson Registry, qualifying conviction, or outstanding federal
felony arrest warrant).
3. The year of conviction (if applicable).
4. The code section(s) that meet the criteria for transfer (e.g., GC
7282.5(a)(2) / VC 10851).
B. The Records Officer who receives the request will be responsible to
research and confirm any local convictions in Offendertrak/Odyssey/
Laserfiche.
1. If the conviction is verified, the Records Officer will create an "SB54"
Alert in Offendertrak, signifying that the inmate is eligible for transfer
to ICE. The officer will enter his/her name, the qualifying conviction,
and year of conviction in the Remark section.
2. If the condition cannot be verified by the Records Officer, the officer
will contact the Population Management Unit to research via a
Criminal History audit. Upon confirmation, the Records Officer will be
responsible to create the SB54 Alert and include the name of the
officer who verified the condition, the qualifying condition, and year of
conviction (if applicable) in the Remark section.
Page 8 of 10
FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: IMMIGRATION STATUS NO: C-185
FILE: ICE ACCESS
C. Upon verification of the qualifying condition, the Records Officer shall
notify ICE that the inmate will be processed for transfer once the inmate
no longer has any active charges or holds. The inmate will proceed with
the court process and complete any court-ordered sentence prior to
transfer to ICE, with the following exceptions-
1. Inmates sentenced to serve state prison time will be transferred to
CDCR. ICE shall be notified that the inmate will be/was transferred
to prison. It is not necessary to forward the ICE request to the prison.
2. Inmates remain eligible for release to court-ordered programs. It is
not necessary to forward the ICE request to the program. ICE shall
be notified that the inmate will be/was transferred to a program. The
name of the program can/will be provided upon request.
3. Inmates remain eligible to post bail. However, any person inquiring
about the inmate's bail shall be informed that the inmate qualifies for
transfer to ICE in accordance with the California Values Act
(SB54/GC 7282.5). If the person proceeds and a bond is posted,
ICE shall be notified of the pending release.
4. Inmates remain eligible for release pursuant to the Cruz. v. County of
Fresno federal court order. ICE shall be notified of the pending
release.
D. If the condition cannot be verified, does not meet the qualifications, or
the inmate is otherwise ineligible for transfer, ICE shall be advised and
the inmate will not be transferred to ICE.
E. The Records Officer shall complete an ICE Request Notification form
notifying the inmate of the request and indicating whether the Sheriff's
Office intends to comply with the request.
1. Both the ICE Request Notification form and the ICE "Request for
Transfer" shall be scanned into Laserfiche (under Jail Records "ICE
Request Notification").
2. Copies of both forms shall be provided to the inmate.
F. Once all charges have been dispositioned, ICE will be notified that the
inmate is available for transfer. Any inmate with an active SB54 Alert will
be processed in the same manner as any other enroute transfer.
1. The RELEASE TYPE will be ICE TRANSFER.
Page 9 of 10
FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: IMMIGRATION STATUS NO: C-185
FILE: ICE ACCESS
2. The transfer will be processed expeditiously and should not unduly
delay the inmate's release. Under no circumstances shall the
process exceed 12 hours from the time of notification.
G. If any transfers are made in a calendar year, the number of transfers
made, as well as the offense that allowed for the transfer shall be
reported to the California Department of Justice. The report shall be
made by January 15 of each year, in a manner specified by the Attorney
General.
Vill. PUBLIC RECORDS
A. All records relating to ICE access provided by the Sheriff's Office,
including all communication with ICE, shall be public records for
purposes of the California Public Records Act (PRA). In accordance
with the PRA, personal identifying information may be redacted prior to
public disclosure.
B. Records relating to ICE access include, but are not limited to, data
maintained regarding the number and demographic characteristics of
individuals to whom ICE has been provided access, the date ICE access
was provided, and whether the ICE access was provided through a hold,
transfer, or notification request or through other means.
IX. PUBLIC FORUM
A. If the Sheriff's Office provides ICE access to an individual in custody
during a calendar year, the Board of Supervisors is required to hold at
least one community forum during the following year.
B. The community forum must be 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. The Board is required to
receive and consider public comment.
C. As part of the forum, the Sheriff's Office may provide the Board with data
it maintains regarding the number and demographic characteristics of
individuals to whom the Sheriff's Office has provided ICE access, the
date ICE access was provided, and whether the ICE access was
provided through a hold, transfer, or notification request or through other
means. The data will be provided in the form of statistics.
Page 10 of 10