Senate Bill No. 54
CHAPTER 495
An act to amend Sections 7282 and 7282.5 of, and to add Chapter 17.25 (commencing with Section 7284) to Division 7 of Title 1 of, the Government Code, and to repeal Section 11369 of the Health and Safety Code, relating to law enforcement.
[Approved by Governor October 5, 2017. Filed with
Secretary of State October 5, 2017.]
legislative counsel’s digest
SB 54, De León. Law enforcement: sharing data.
Existing law provides that when there is reason to belie ve that a person arrested for a violation of specified controlled substance pro visions may not be a citizen of the United States, the arresting agenc y shall notify the appropriate agency of the United States having charge of deportation matters.
This bill would repeal those provisions.
Existing law provides that whenever an individual who is a victim of or witness to a hate crime, or who otherwise can give evidence in a hate crime investigation, is not char ged with or con victed of committing an y crime under state law, a peace officer may not detain the indi vidual exclusively for an y actual or suspected immigration violation or report or turn the individual over to federal immigration authorities.
This bill would, among other things and subject to e xceptions, prohibit state and local la w enforcement agencies, including school police and security departments, from using mone y or personnel to in vestigate, interrogate, detain, detect, or arrest persons for immigration enforcement purposes, as specified, and w ould, subject to e xceptions, proscribe other activities or conduct in connection with immigration enforcement by la w enforcement agencies. The bill w ould apply those pro visions to the circumstances in which a law enforcement official has discretion to cooperate with immigration authorities. The bill would require, by October 1, 2018, the Attorney General, in consultation with the appropriate stakeholders, to publish model policies limiting assistance with immigration enforcement to the fullest e xtent possible for use by public schools, public libraries, health facilities operated by the state or a political subdivision of the state, and courthouses, among others. The bill would require, among others, all public schools, health facilities operated by the state or a political subdivision of the state, and courthouses to implement the model policy, or an equivalent policy. The bill would state that, among others, all other organizations and entities that pro vide services related to ph ysical or mental health and wellness, education, or access to justice, including the Uni versity of California, are encouraged to adopt the model policy. The bill would require
90 that a la w enforcement agenc y that chooses to participate in a joint la w enforcement task force, as defined, submit a report annually pertaining to task force operations to the Department of Justice, as specified. The bill would require the Attorney General, by March 1, 2019, and annually thereafter, to report on the types and frequenc y of joint la w enforcement task forces, and other information, as specified, and to post those reports on the Attorney General’s Internet Web site. The bill w ould require la w enforcement agencies to report to the department annually regarding transfers of persons to immigration authorities. The bill would require the Attorney General to publish guidance, audit criteria, and training recommendations regarding state and local law enforcement databases, for purposes of limiting the availability of information for immigration enforcement, as specified.
The bill would require the Department of Corrections and Rehabilitation to provide a specified written consent form in advance of any interview between a person in department custody and the United States Immigration and Customs Enforcement regarding civil immigration violations.
This bill would state findings and declarations of the Legislature relating to these provisions.
By imposing additional duties on public schools and 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 w ould pro vide 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 pro visions noted above.
The people of the State of California do enact as follows:
SECTION 1. Section 7282 of the Government Code is amended to read:
7282. For purposes of this chapter , the follo wing terms ha ve the following meanings:
(a) “Conviction” shall ha ve the same meaning as subdi vision (d) of Section 667 of the Penal Code.
(b) “Eligible for release from custody” means that the individual may be released from custody because one of the following conditions has occurred:
(1) All criminal char ges ag ainst the indi vidual have been dropped or dismissed.
(2) The individual has been acquitted of all criminal charges filed against him or her.
(3) The individual has served all the time required for his or her sentence. (4) The individual has posted a bond.
(5) The individual is otherwise eligible for release under state or local law, or local policy.
90 — 2 —Ch. 495
(c) “Hold request,” “notification request, ” and “transfer request” ha ve the same meanings as pro vided in Section 7283. Hold, notification, and transfer requests include requests issued by the United States Immigration and Customs Enforcement or the United States Customs and Border Protection as well as any other immigration authorities. (d) “Law enforcement official” means an y local agency or officer of a local agency authorized to enforce criminal statutes, re gulations, or local ordinances or to operate jails or to maintain custody of individuals in jails, and any person or local agenc y authorized to operate juv enile detention facilities or to maintain custody of individuals in juvenile detention facilities. (e) “Local agenc y” means an y city , county , city and county , special district, or other political subdivision of the state.
(f) “Serious felony” means any of the offenses listed in subdivision (c) of Section 1192.7 of the Penal Code and any offense committed in another state which, if committed in California, w ould be punishable as a serious felony as defined by subdivision (c) of Section 1192.7 of the Penal Code. (g) “Violent felony” means any of the offenses listed in subdivision (c) of Section 667.5 of the Penal Code and an y offense committed in another state which, if committed in California, w ould be punishable as a violent felony as defined by subdivision (c) of Section 667.5 of the Penal Code.
SEC. 2. Section 7282.5 of the Government Code is amended to read:
7282.5. (a) A law enforcement official shall have discretion to cooperate with immigration authorities only if doing so would not violate any federal, state, or local la w, or local polic y, and where permitted by the California Values Act (Chapter 17.25 (commencing with Section 7284)). Additionally, the specific acti vities described in subparagraph (C) of paragraph (1) of subdivision (a) of, and in paragraph (4) of subdivision (a) of, Section 7284.6 shall only occur under the following circumstances:
(1) The indi vidual has been con victed of a serious or violent felon y identified in subdi vision (c) of Section 1192.7 of, or subdi vision (c) of Section 667.5 of, the Penal Code.
(2) The indi vidual has been con victed of a felon y punishable by imprisonment in the state prison.
(3) The individual has been con victed within the past fiv e years of a misdemeanor for a crime that is punishable as either a misdemeanor or a felony for, or has been con victed within the last 15 years of a felon y for, any of the following offenses:
(A) Assault, as specified in, but not limited to, Sections 217.1, 220, 240, 241.1, 241.4, 241.7, 244, 244.5, 245, 245.2, 245.3, 245.5, 4500, and 4501 of the Penal Code.
(B) Battery, as specified in, but not limited to, Sections 242, 243.1, 243.3, 243.4, 243.6, 243.7, 243.9, 273.5, 347, 4501.1, and 4501.5 of the Penal Code.
(C) Use of threats, as specified in, b ut not limited to, Sections 71, 76, 139, 140, 422, 601, and 11418.5 of the Penal Code.
(D) Sexual abuse, sexual exploitation, or crimes endangering children, as specified in, b ut not limited to, Sections 266, 266a, 266b, 266c, 266d, 90 Ch. 495— 3 —
266f, 266g, 266h, 266i, 266j, 267, 269, 288, 288.5, 311.1, 311.3, 311.4, 311.10, 311.11, and 647.6 of the Penal Code.
(E) Child abuse or endangerment, as specified in, b ut not limited to, Sections 270, 271, 271a, 273a, 273ab, 273d, 273.4, and 278 of the Penal Code.
(F) Burglary, robbery, theft, fraud, forgery, or embezzlement, as specified in, but not limited to, Sections 211, 215, 459, 463, 470, 476, 487, 496, 503, 518, 530.5, 532, and 550 of the Penal Code.
(G) Driving under the influence of alcohol or drugs, b ut only for a conviction that is a felony.
(H) Obstruction of justice, as specified in, b ut not limited to, Sections 69, 95, 95.1, 136.1, and 148.10 of the Penal Code.
(I) Bribery, as specified in, but not limited to, Sections 67, 67.5, 68, 74, 85, 86, 92, 93, 137, 138, and 165 of the Penal Code.
(J) Escape, as specified in, b ut not limited to, Sections 107, 109, 110, 4530, 4530.5, 4532, 4533, 4534, 4535, and 4536 of the Penal Code. (K) Unlawful possession or use of a weapon, firearm, explosive device, or weapon of mass destruction, as specified in, but not limited to, Sections 171b, 171c, 171d, 246, 246.3, 247, 417, 417.3, 417.6, 417.8, 4574, 11418, 11418.1, 12021.5, 12022, 12022.2, 12022.3, 12022.4, 12022.5, 12022.53, 12022.55, 18745, 18750, and 18755 of, and subdi visions (c) and (d) of Section 26100 of, the Penal Code.
(L) Possession of an unlawful deadly weapon, under the Deadly Weapons Recodification Act of 2010 (P art 6 (commencing with Section 16000) of the Penal Code).
(M) An of fense in volving the felon y possession, sale, distrib ution, manufacture, or trafficking of controlled substances.
(N) Vandalism with prior convictions, as specified in, but not limited to, Section 594.7 of the Penal Code.
(O) Gang-related offenses, as specified in, b ut not limited to, Sections 186.22, 186.26, and 186.28 of the Penal Code.
(P) An attempt, as defined in Section 664 of, or a conspiracy, as defined in Section 182 of, the Penal Code, to commit an of fense specified in this section.
(Q) A crime resulting in death, or in volving the personal infliction of great bodily injury, as specified in, b ut not limited to, subdi vision (d) of Section 245.6 of, and Sections 187, 191.5, 192, 192.5, 12022.7, 12022.8, and 12022.9 of, the Penal Code.
(R) Possession or use of a firearm in the commission of an offense. (S) An of fense that w ould require the indi vidual to re gister as a se x offender pursuant to Section 290, 290.002, or 290.006 of the Penal Code. (T) False imprisonment, slavery, and human trafficking, as specified in, but not limited to, Sections 181, 210.5, 236, 236.1, and 4503 of the Penal Code.
(U) Criminal profiteering and money laundering, as specified in, but not limited to, Sections 186.2, 186.9, and 186.10 of the Penal Code. 90 — 4 —Ch. 495
(V) Torture and mayhem, as specified in, but not limited to, Section 203 of the Penal Code.
(W) A crime threatening the public safety, as specified in, but not limited to, Sections 219, 219.1, 219.2, 247.5, 404, 404.6, 405a, 451, and 11413 of the Penal Code.
(X) Elder and dependent adult abuse, as specified in, but not limited to, Section 368 of the Penal Code.
(Y) A hate crime, as specified in, b ut not limited to, Section 422.55 of the Penal Code.
(Z) Stalking, as specified in, but not limited to, Section 646.9 of the Penal Code.
(AA) Soliciting the commission of a crime, as specified in, but not limited to, subdivision (c) of Section 286 of, and Sections 653j and 653.23 of, the Penal Code.
(AB) An offense committed while on bail or released on his or her own recognizance, as specified in, b ut not limited to, Section 12022.1 of the Penal Code.
(AC) Rape, sodomy, oral copulation, or sexual penetration, as specified in, but not limited to, paragraphs (2) and (6) of subdi vision (a) of Section 261 of, paragraphs (1) and (4) of subdivision (a) of Section 262 of, Section 264.1 of, subdivisions (c) and (d) of Section 286 of, subdi visions (c) and (d) of Section 288a of, and subdi visions (a) and (j) of Section 289 of, the Penal Code.
(AD) Kidnapping, as specified in, but not limited to, Sections 207, 209, and 209.5 of the Penal Code.
(AE) A violation of subdivision (c) of Section 20001 of the Vehicle Code. (4) The individual is a current registrant on the California Sex and Arson Registry.
(5) The individual has been convicted of a federal crime that meets the definition of an aggravated felony as set forth in subparagraphs (A) to (P), inclusive, of paragraph (43) of subsection (a) of Section 101 of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1101), or is identified by the United States Department of Homeland Security’ s Immigration and Customs Enforcement as the subject of an outstanding federal felony arrest warrant.
(6) In no case shall cooperation occur pursuant to this section for individuals arrested, detained, or con victed of misdemeanors that were previously felonies, or were pre viously crimes punishable as either misdemeanors or felonies, prior to passage of the Safe Neighborhoods and Schools Act of 2014 as it amended the Penal Code.
(b) In cases in which the indi vidual is arrested and tak en before a magistrate on a char ge involving a serious or violent felon y, as identified in subdivision (c) of Section 1192.7 or subdivision (c) of Section 667.5 of the Penal Code, respectively, or a felony that is punishable by imprisonment in state prison, and the magistrate makes a finding of probable cause as to that charge pursuant to Section 872 of the Penal Code, a la w enforcement official shall additionally ha ve discretion to cooperate with immigration 90 Ch. 495— 5 —
officials pursuant to subparagraph (C) of paragraph (1) of subdi vision (a) of Section 7284.6.
SEC. 3. Chapter 17.25 (commencing with Section 7284) is added to Division 7 of Title 1 of the Government Code, to read:
Chapter 17.25. Cooperation with Immigration Authorities 7284. This chapter shall be known, and may be cited, as the California Values Act.
7284.2. The Legislature finds and declares the following:
(a) Immigrants are v aluable and essential members of the California community. Almost one in three Californians is foreign born and one in two children in California has at least one immigrant parent. (b) A relationship of trust between California’ s immigrant community and state and local agencies is central to the public safety of the people of California.
(c) This trust is threatened when state and local agencies are entangled with federal immigration enforcement, with the result that immigrant community members fear approaching police when they are victims of, and witnesses to, crimes, seeking basic health services, or attending school, to the detriment of public safety and the well-being of all Californians. (d) Entangling state and local agencies with federal immigration enforcement programs diverts already limited resources and blurs the lines of accountability between local, state, and federal governments. (e) State and local participation in federal immigration enforcement programs also raises constitutional concerns, including the prospect that California residents could be detained in violation of the Fourth Amendment to the United States Constitution, targeted on the basis of race or ethnicity in violation of the Equal Protection Clause, or denied access to education based on immigration status. See Sanchez Ochoa v. Campbell, et al. (E.D.
Wash. 2017) 2017 WL 3476777; Trujillo Santoya v. United States, et al. (W.D. Tex. 2017) 2017 WL 2896021; Moreno v. Napolitano (N.D. Ill. 2016) 213 F. Supp. 3d 999; Morales v. Chadbourne (1st Cir. 2015) 793 F.3d 208; Miranda-Olivares v. Clackamas County (D. Or. 2014) 2014 WL 1414305; Galarza v. Szalczyk (3d Cir. 2014) 745 F.3d 634.
(f) This chapter seeks to ensure effective policing, to protect the safety, well-being, and constitutional rights of the people of California, and to direct the state’s limited resources to matters of greatest concern to state and local governments.
(g) It is the intent of the Legislature that this chapter shall not be construed as providing, expanding, or ratifying an y legal authority for an y state or local law enforcement agency to participate in immigration enforcement. 7284.4. For purposes of this chapter , the follo wing terms ha ve the following meanings:
(a) “California la w enforcement agenc y” means a state or local la w enforcement agenc y, including school police or security departments. 90 — 6 —Ch. 495
“California law enforcement agency” does not include the Department of Corrections and Rehabilitation.
(b) “Civil immigration w arrant” means an y warrant for a violation of federal ci vil immigration la w, and includes ci vil immigration w arrants entered in the National Crime Information Center database. (c) “Immigration authority” means an y federal, state, or local officer , employee, or person performing immigration enforcement functions. (d) “Health facility” includes health facilities as defined in Section 1250 of the Health and Safety Code, clinics as defined in Sections 1200 and 1200.1 of the Health and Safety Code, and substance ab use treatment facilities.
(e) “Hold request,” “notification request,” “transfer request,” and “local law enforcement agenc y” have the same meaning as pro vided in Section 7283. Hold, notification, and transfer requests include requests issued by United States Immigration and Customs Enforcement or United States Customs and Border Protection as well as any other immigration authorities. (f) “Immigration enforcement” includes any and all efforts to investigate, enforce, or assist in the in vestigation or enforcement of an y federal ci vil immigration law, and also includes any and all efforts to investigate, enforce, or assist in the in vestigation or enforcement of an y federal criminal immigration law that penalizes a person’s presence in, entry, or reentry to, or employment in, the United States.
(g) “Joint law enforcement task force” means at least one California law enforcement agency collaborating, engaging, or partnering with at least one federal law enforcement agency in investigating federal or state crimes. (h) “Judicial probable cause determination” means a determination made by a federal judge or federal magistrate judge that probable cause exists that an indi vidual has violated federal criminal immigration la w and that authorizes a la w enforcement officer to arrest and tak e into custody the individual.
(i) “Judicial warrant” means a w arrant 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 la w enforcement officer to arrest and take into custody the person who is the subject of the warrant. (j) “Public schools” means all public elementary and secondary schools under the jurisdiction of local governing boards or a charter school board, the California State University, and the California Community Colleges. (k) “School police and security departments” includes police and security departments of the California State Uni versity, the California Community Colleges, charter schools, county offices of education, schools, and school districts.
7284.6. (a) California law enforcement agencies shall not:
(1) Use agenc y or department mone ys or personnel to in vestigate, interrogate, detain, detect, or arrest persons for immigration enforcement purposes, including any of the following:
(A) Inquiring into an individual’s immigration status. (B) Detaining an individual on the basis of a hold request. 90 Ch. 495— 7 —
(C) Providing information regarding a person’s release date or responding to requests for notification by providing release dates or other information unless that information is a vailable to the public, or is in response to a notification request from immigration authorities in accordance with Section 7282.5. Responses are ne ver required, b ut are permitted under this subdivision, provided that they do not violate any local law or policy. (D) Providing personal information, as defined in Section 1798.3 of the Civil Code, about an individual, including, but not limited to, the individual’s home address or w ork address unless that information is a vailable to the public.
(E) Making or intentionally participating in arrests based on ci vil immigration warrants.
(F) Assisting immigration authorities in the activities described in Section 1357(a)(3) of Title 8 of the United States Code.
(G) Performing the functions of an immigration officer, whether pursuant to Section 1357(g) of Title 8 of the United States Code or an y other law, regulation, or policy, whether formal or informal.
(2) Place peace officers under the supervision of federal agencies or employ peace officers deputized as special federal officers or special federal deputies for purposes of immigration enforcement. All peace officers remain subject to California law governing conduct of peace officers and the policies of the employing agency.
(3) Use immigration authorities as interpreters for la w enforcement matters relating to individuals in agency or department custody. (4) Transfer an individual to immigration authorities unless authorized by a judicial w arrant or judicial probable cause determination, or in accordance with Section 7282.5.
(5) Provide office space exclusively dedicated for immigration authorities for use within a city or county law enforcement facility. (6) Contract with the federal go vernment for use of California la w enforcement agenc y f acilities to house indi viduals as federal detainees, except pursuant to Chapter 17.8 (commencing with Section 7310). (b) Notwithstanding the limitations in subdivision (a), this section does not prevent any California law enforcement agency from doing any of the following that does not violate an y policy of the la w enforcement agency or any local law or policy of the jurisdiction in which the agency is operating:
(1) Investigating, enforcing, or detaining upon reasonable suspicion of, or arresting for a violation of, Section 1326(a) of Title 8 of the United States Code that may be subject to the enhancement specified in Section 1326(b)(2) of Title 8 of the United States Code and that is detected during an unrelated law enforcement activity. Transfers to immigration authorities are permitted under this subsection only in accordance with paragraph (4) of subdivision (a).
(2) Responding to a request from immigration authorities for information about a specific person’ s criminal history , including pre vious criminal arrests, convictions, or similar criminal history information accessed through 90 — 8 —Ch. 495
the California La w Enforcement Telecommunications System (CLETS), where otherwise permitted by state law.
(3) Conducting enforcement or in vestigative duties associated with a joint la w enforcement task force, including the sharing of confidential information with other law enforcement agencies for purposes of task force investigations, so long as the following conditions are met:
(A) The primary purpose of the joint la w enforcement task force is not immigration enforcement, as defined in subdivision (f) of Section 7284.4. (B) The enforcement or in vestigative duties are primarily related to a violation of state or federal law unrelated to immigration enforcement. (C) Participation in the task force by a California law enforcement agency does not violate any local law or policy to which it is otherwise subject. (4) Making inquiries into information necessary to certify an individual who has been identified as a potential crime or trafficking victim for a T or U Visa pursuant to Section 1101(a)(15)(T) or 1101(a)(15)(U) of Title 8 of the United States Code or to comply with Section 922(d)(5) of Title 18 of the United States Code.
(5) Giving immigration authorities access to intervie w an individual in agency or department custody . All intervie w access shall comply with requirements of the TRUTH Act (Chapter 17.2 (commencing with Section 7283)).
(c) (1) If a California law enforcement agency chooses to participate in a joint law enforcement task force, for which a California law enforcement agency has agreed to dedicate personnel or resources on an ongoing basis, it shall submit a report annually to the Department of Justice, as specified by the Attorney General. The la w enforcement agenc y shall report the following information, if known, for each task force of which it is a member:
(A) The purpose of the task force.
(B) The federal, state, and local law enforcement agencies involved. (C) The total number of arrests made during the reporting period. (D) The number of people arrested for immigration enforcement purposes. (2) All law enforcement agencies shall report annually to the Department of Justice, in a manner specified by the Attorney General, the number of transfers pursuant to paragraph (4) of subdivision (a), and the offense that allowed for the transfer, pursuant to paragraph (4) of subdivision (a). (3) All records described in this subdivision shall be public records for purposes of the California Public Records Act (Chapter 3.5 (commencing with Section 6250)), including the exemptions provided by that act and, as permitted under that act, personal identifying information may be redacted prior to public disclosure. To the extent that disclosure of a particular item of information w ould endanger the safety of a person in volved in an investigation, or w ould endanger the successful completion of the investigation or a related in vestigation, that information shall not be disclosed.
(4) If more than one California law enforcement agency is participating in a joint task force that meets the reporting requirement pursuant to this 90 Ch. 495— 9 —
section, the joint task force shall designate a local or state agency responsible for completing the reporting requirement.
(d) The Attorney General, by March 1, 2019, and annually thereafter , shall report on the total number of arrests made by joint la w enforcement task forces, and the total number of arrests made for the purpose of immigration enforcement by all task force participants, including federal law enforcement agencies. To the extent that disclosure of a particular item of information w ould endanger the safety of a person in volved in an investigation, or w ould endanger the successful completion of the investigation or a related investigation, that information shall not be included in the Attorney General’s report. The Attorney General shall post the reports required by this subdivision on the Attorney General’s Internet Web site. (e) This section does not prohibit or restrict an y government entity or official from sending to, or receiving from, federal immigration authorities, information re garding the citizenship or immigration status, la wful or unlawful, of an indi vidual, or from requesting from federal immigration authorities immigration status information, la wful or unla wful, of an y individual, or maintaining or e xchanging that information with an y other federal, state, or local go vernment entity, pursuant to Sections 1373 and 1644 of Title 8 of the United States Code.
(f) Nothing in this section shall prohibit a California la w enforcement agency from asserting its o wn jurisdiction over criminal law enforcement matters.
7284.8. (a) The Attorney General, by October 1, 2018, in consultation with the appropriate stak eholders, shall publish model policies limiting assistance with immigration enforcement to the fullest e xtent possible consistent with federal and state la w at public schools, public libraries, health facilities operated by the state or a political subdivision of the state, courthouses, Di vision of Labor Standards Enforcement f acilities, the Agricultural Labor Relations Board, the Division of Workers Compensation, and shelters, and ensuring that the y remain safe and accessible to all California residents, regardless of immigration status. All public schools, health facilities operated by the state or a political subdivision of the state, and courthouses shall implement the model policy, or an equivalent policy.
The Agricultural Labor Relations Board, the Di vision of Workers’ Compensation, the Di vision of Labor Standards Enforcement, shelters, libraries, and all other organizations and entities that provide services related to physical or mental health and wellness, education, or access to justice, including the University of California, are encouraged to adopt the model policy.
(b) For an y databases operated by state and local la w enforcement agencies, including databases maintained for the agency by private vendors, the Attorney General shall, by October 1, 2018, in consultation with appropriate stak eholders, publish guidance, audit criteria, and training recommendations aimed at ensuring that those databases are governed in a manner that limits the availability of information therein to the fullest extent practicable and consistent with federal and state law, to anyone or any entity 90 — 10 —Ch. 495
for the purpose of immigration enforcement. All state and local la w enforcement agencies are encouraged to adopt necessary changes to database governance policies consistent with that guidance.
(c) Notwithstanding the rulemaking pro visions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2), the Department of Justice may implement, interpret, or make specific this chapter without taking any regulatory action. 7284.10. (a) The Department of Corrections and Rehabilitation shall:
(1) In advance of any interview between the United States Immigration and Customs Enforcement (ICE) and an indi vidual in department custody regarding civil immigration violations, provide the individual with a written consent form that explains the purpose of the interview, that the interview is voluntary, and that he or she may decline to be interviewed or may choose to be interviewed only with his or her attorney present. The written consent form shall be available in English, Spanish, Chinese, Tagalog, Vietnamese, and Korean.
(2) Upon receiving any ICE hold, notification, or transfer request, provide a copy of the request to the indi vidual and inform him or her whether the department intends to comply with the request.
(b) The Department of Corrections and Rehabilitation shall not:
(1) Restrict access to an y in-prison educational or rehabilitati ve programming, or credit-earning opportunity on the sole basis of citizenship or immigration status, including, b ut not limited to, whether the person is in remo val proceedings, or immigration authorities ha ve issued a hold request, transfer request, notification request, or civil immigration warrant against the individual.
(2) Consider citizenship and immigration status as a factor in determining a person’s custodial classification level, including, but not limited to, whether the person is in remo val proceedings, or whether immigration authorities have issued a hold request, transfer request, notification request, or ci vil immigration warrant against the individual.
7284.12. The provisions of this act are se verable. If an y provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be gi ven ef fect without the in valid provision or application.
SEC. 4. Section 11369 of the Health and Safety Code is repealed.
SEC. 5. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
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90 Ch. 495— 11 —