This chart will guide decisionmaking as to whether SDSO should accept INS detainers, and if so, which box to check on the form.
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Is the individual a current registrant on the California Sex and Arson registry?
| NO
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Has ICE provided information that the individual has been convicted of an aggravated felony under 8 USC 101, or is the subject of a federal warrant
| NO
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Has the individual been convicted of a felony
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Does the misdemeanor appear on the back of this sheet, AND could that misdemeanor offense have been punished as a felony?
| YES
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HOLD IS ACCEPTED.
Check
sixth
box
and
list
charges.
___________
___________
___________
___________
HOLD IS ACCEPTED
Check fifth box and list charges.
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YES
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YES
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YES
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NO
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YES
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NO
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YES
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HOLD IS ACCPTED.
Check third box
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HOLD IS ACCEPTED.
Check fourth box.
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Was the felony punishable by imprisonment in State prison?
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Has the individual been convicted of a misdemeanor within the past five years?
| NO
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Is the individual currently being held on a charge(s) involving a serious or violent felony pursuant to PC 1192.7(c) or 667.5(c), but not domestic violence AND
Has the individual been taken before a magistrate on the charge(s)
AND
Has the magistrate found the charge(s) was/were suppoered byprobable cause exists pursuant to PC 872?
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YES
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NO
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NO
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NO
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HOLD IS ACCEPTED.
Check second box and identify felony.
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Was it a serious or violent felony pursuant to PC 1192.7(c) or 667.5(c)
| NO
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Was the felony one of the offenses listed on the reverse side?
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HOLD IS NOT ACCEPTED
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YES
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YES
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HOLD IS ACCEPTED.
Check first box and identify felony.
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HOLD IS ACCEPTED.
Check sixth box and identify felony.
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