Law enforcement: United States Immigration and Customs Enforcement holds.

Existing law prohibits a law enforcement official, as defined, from detaining an individual on the basis of a United States Immigration and Customs Enforcement hold after that individual becomes eligible for release from custody, unless, at the time that the individual becomes eligible for release from custody, certain conditions are met, including, among other things, that the continued detention of the individual on the basis of the immigration hold would not violate any federal, state, or local law, or local policy, and that the individual has been convicted of, or arrested for, specified crimes. This bill would instead require a law enforcement official to detain an individual on the basis of a United States Immigration and Customs Enforcement hold for up to 48 hours, excluding Saturdays, Sundays, and holidays, after that individual becomes eligible for release from custody if that individual has been convicted of, or arrested for, specified crimes and if the continued detention of the individual on the basis of the immigration hold would not violate any federal law. By imposing additional duties on local law enforcement officers, this bill would impose a state-mandated local program. The bill would require a local agency that violates these provisions to pay a fine of $100,000, to be collected by the Attorney General, and would allow the Attorney General to commence a civil action to enforce the fine. The bill would require proceeds of the fine to be deposited in the Restitution Fund, a continuously appropriated fund. By increasing deposits to be made to a continuously appropriated fund, this bill would make an appropriation. 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 would provide 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 these statutory provisions.