ORANGE COUNTY SHERIFF’S DEPARTMENT

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U.S. Department of Justice Office ol'Justice, Programs ANVARD CONTLNUATION '':' Bureau of Justice Assistance SHEET PAGE 18 OF 21 Grant PROIECTNTJMBER 2017-DJ-BX-0990 AWARD DATE llio 2ota SPECIAL CONDITfO,NS 55. Required State -level rules or practices related to aliens; allowable costs The following previsions apply w the recipient of this award, if the recipient is a Slate government, and also apply to any State -government suhrecipient at any tier (whether or not the recipient is a State government). j 1. Requirements With respect to the "program or activity' that is fimded (in whole or in part) by this award, as of the date the recipient accepts this award, and throughout the remainder of the period of performance for the award -- A. A State statute, or a Stare rate, -regulation, -policy, or -practice, must be in place that is designed to ensure that agents of the United States acting under color of federal law in fact are given to access any State (or State -contracted) correctional facility for the purpose of permitting such agents to meet with individuals who are (or are believed by such agents to be) aliens and to inquire as to such individuals' right to be or remain in the United States. B. A State statute, or a State rate, -regulation, -policy, or -practice, must be in place that is designed to ensure that, when a State (or State -contracted) connectional facility receives from DHS a formal written request authorized by the Immigration and Nationality Act that seeks advance notice of the scheduled release date and time for a particular alien in such facility, then such facility will honor such request and — as early as practicable (see pans. 4.1f, of this condition) — provide the requested notice to DHS. 2. Monitoring The recipient's monitoring responsibilities include monitoring ofsubrecipicnt compliance with the requirements of this condition. 3. Allowable costs Compliance with these requirements is an authorized and priority purpose of this award. To the extent that such costs are not reimbursed under nay other federal program, award funds may be obligated (including for authorized reimbursements) for the reasonable, necessary, and allocable costs (if any) of--- (1) developing and pulling into place statutes, rules, regulations, policies, and practices to satisfy this condition, and (2) permitting access as described in para. LA. above, and (3) honoring any request from DHS that is encompassed by para. I.B. above. 4. Rules of construction A. For purposes of this condition— (1) the term "alien" means what it means under secfioa 101 of the Immigration and Nationality Act (see 8 U.S.C, 1101(a)(3)). (2) tire term "correctional facility" means what it means under die Title I of the Omnibus Crime Control and Safe Streets Actof 1968 (sec 42 U.S.C. 3791(a)(7)). B. Nothing in this condition shall be understood in authorize or require any recipient, any subrecipient at any tier, any State or local government, or anv other entity or individual to maintain (or detain) any individual in custody beyond tire dale and time the individual would have been released in the absence of dds condition. Current DHS practice is ordinarily to request advance notice of scheduled release "m early as practicable (at least 48 hot=, if possible)." (See DHS Form 1-247A (3/17)). In the event that (e.g., in light of the date DHS made such request) the scheduled release date and time for an alien are such w not to permit the advance notice that DHS has requested, it shall nut be a violation of this condition to provide only as much advance notice ss practicable. DIP FOabt 40M (REV. 488)