Law enforcement: cooperation with immigration authorities.

Existing law, operative October 1, 2019 repeals existing laws regarding bail and instead requires persons arrested and detained to be subject to a pretrial risk assessment conducted by Pretrial Assessment Services. Existing law generally allows a person arrested for a misdemeanor, with the exception of specified domestic violence crimes, to be booked and released without being taken into custody. If the person is taken into custody, existing law requires the person to be released without a risk assessment by Pretrial Assessment Services within 12 hours of booking. Unless convicted of specified crimes, existing law generally prohibits law enforcement from providing information regarding the release date of an individual from custody or from transferring an individual to immigration authorities without a warrant or judicial probable cause determination. This bill would require that a person who is taken into custody for a specified category of misdemeanor receive a pretrial risk assessment. The bill would also allow information regarding the release or transfer of an individual to be provided to immigration authorities if the individual is deemed a medium or high risk by the pretrial risk assessment or if the sheriff or chief of police of the arresting agency deems the individual to be a risk or danger to public safety. Existing law, the California Values Act, generally prohibits, with exceptions, a California law enforcement agency from using its moneys or personnel to investigate, detain, or arrest persons for immigration enforcement purposes. This bill would allow these activities if deemed necessary for public safety.