Chapter 6 – Adult Classification

62070.10.2 Immigration and Customs Enforcement Hold, Warrant, or Detainer

• Incarcerated persons or supervised persons scheduled to be released to an active Immigration and Customs Enforcement (ICE) Hold, Warrant, or Detainer (HWDHolds/Wants/Detainer) shall be released as follows:

  • Release the incarcerated persons or supervised persons to the ICE officials within five days prior to the scheduled release date if the agency is within 400 miles of the releasing institution, or five court days prior to the scheduled release date if the agency is more than 400 miles from the releasing institution, provided the incarcerated persons or supervised persons are kept in custody until the scheduled release date.

  • Pursuant to PCPenal Code 4755(a), an incarcerated person with an ICE HWDHolds/Wants/Detainer may be released to ICE prior to their scheduled release date.

  • An incarcerated person with an ICE HWDHolds/Wants/Detainer shall not be retained beyond their scheduled date of release.

  • Consistent with PCPenal Code 3060.7, in the event an incarcerated person with an ICE HWDHolds/Wants/Detainer scheduled release date falls on a Friday or the day before a holiday, the incarcerated person’s release date shall be adjusted consistent with the current year’s PCPenal Code 3060.7 release schedule.

  • If the ICE officials cannot pick up an incarcerated person or supervised persons within the required time limitations, notations shall be made on the Active ICE HWDHolds/Wants/Detainer, that ICE cannot pick up the incarcerated person or supervised person. The notations shall include date, time, name of ICE official spoken to, and name of the Department staff person making the notation. The incarcerated persons or supervised persons are to be given reporting instructions and released to parole (or discharged if applicable) providing there is no other HWDHolds/Wants/Detainer or reason that would preclude release.