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10A Action 2017 0221
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10A Action 2017 0221
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2/16/2017 3:47:08 PM
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2/16/2017 3:46:59 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
2/21/2017
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Reso 2017-023
(Reference)
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\City Clerk\City Council\Resolutions\2017
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General Order 1.24 Page 4 of 6 <br /> <br />5. TRUTH ACT. The Truth Act, AB 2792, (Bonta) establishes a transparent process, <br />including community engagement, prior to local law enforcement participation in <br />Immigration and Customs Enforcement (ICE) deportation programs. <br /> <br />a. Prior to an interview between ICE and an inmate in ACSO custody regarding <br />civil immigration violations, ACSO must advise the inmate of the ICE request <br />and provide him/her with a copy of the DHS I-247N form. <br /> <br />b. ACSO must also provide notification of the ICE request to the inmate. The <br />notification is provided via agency notification forms, entitled the “ICE <br />Notification” and the “Notification of ICE Interview” forms, which explain the <br />following: <br /> <br />1) The purpose of the interview; <br /> <br />2) That the interview is voluntary; <br /> <br />3) The Sheriff’s Office decision to comply or decline the ICE request; <br /> and <br /> <br />4) The inmate’s decision to decline or accept the interview with ICE, in <br />the presence of their attorney. <br /> <br />c. The “ICE Notification” form advises the inmate of the ICE request, whether <br />the Sheriff’s Office will comply with the request and notification to the inmate’s <br />attorney of record (upon the attorney’s request). <br /> <br />d. The “Notification of ICE Interview” form advises the inmate of the ICE request <br />and indicates whether the inmate voluntarily consents or declines the ICE <br />request for an interview. <br /> <br />i. These forms will be provided the inmate prior to any ICE request for an <br />interview and are available in several languages, in accordance with the <br />Truth Act. The forms are available in the languages of English, <br />Spanish, Chinese, Tagalog, Vietnamese and Korean. The agency <br />notification forms shall also be available in any additional languages <br />that “meet the county threshold as defined in subdivision (d) of Section <br />128552 of the Health and Safety Code if certified translations in those <br />languages are made available to the local law enforcement agency at no <br />cost.” The current languages as defined by this section, for Alameda <br />County, are Spanish, Vietnamese, Cantonese, and Mandarin. <br /> <br />c. Once the inmate has been served with the notification forms, the inmate will <br />retain the original copy of the form. The second copy will be scanned into <br />ATIMS JMS to maintain permanent electronic record of proof of service. Upon <br />confirmed upload into ATIMS JMS, the hard copy can be destroyed. <br /> <br />d. Each time ICE wishes to conduct an interview with an ACSO inmate for civil <br />immigration violations, the “ICE Notification” and “Notification of ICE
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