CA Gov't Code Section 7282


For purposes of this chapter, the following terms have the following meanings:

(a)

“Conviction” shall have the same meaning as subdivision (d) of Section 667 of the Penal Code.

(b)

“Eligible for release from custody” means that the individual may be released from custody because one of the following conditions has occurred:

(1)

All criminal charges against the individual have been dropped or dismissed.

(2)

The individual has been acquitted of all criminal charges filed against him or her.

(3)

The individual has served all the time required for his or her sentence.

(4)

The individual has posted a bond.

(5)

The individual is otherwise eligible for release under state or local law, or local policy.

(c)

“Immigration hold” means an immigration detainer issued by an authorized immigration officer, pursuant to Section 287.7 of Title 8 of the Code of Federal Regulations, that requests that the law enforcement official to maintain custody of the individual for a period not to exceed 48 hours, excluding Saturdays, Sundays, and holidays, and to advise the authorized immigration officer prior to the release of that individual.

(d)

“Law enforcement official” means any local agency or officer of a local agency authorized to enforce criminal statutes, regulations, or local ordinances or to operate jails or to maintain custody of individuals in jails, and any person or local agency authorized to operate juvenile detention facilities or to maintain custody of individuals in juvenile detention facilities.

(e)

“Local agency” means any city, county, city and county, special district, or other political subdivision of the state.

(f)

“Serious felony” means any of the offenses listed in subdivision (c) of Section 1192.7 of the Penal Code and any offense committed in another state which, if committed in California, would be punishable as a serious felony as defined by subdivision (c) of Section 1192.7 of the Penal Code.

(g)

“Violent felony” means any of the offenses listed in subdivision (c) of Section 667.5 of the Penal Code and any offense committed in another state which, if committed in California, would be punishable as a violent felony as defined by subdivision (c) of Section 667.5 of the Penal Code.
Last Updated

Aug. 19, 2023

§ 7282’s source at ca​.gov