BusinessTrust Act Hold Decision Chart
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This chart will guide decisionmaking as to whether SDSO should accept INS detainers, and if so, which box to check on the form.

               
Is the individual a current registrant on the California Sex and Arson registry?
NO
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
Has the individual been convicted of a felony
Does the misdemeanor appear on the back of this sheet, AND could that misdemeanor offense have been punished as a felony?
YES
HOLD IS ACCEPTED. Check sixth box and list charges. ___________ ___________ ___________ ___________ HOLD IS ACCEPTED Check fifth box and list charges.

YES


YES


YES

NO

YES

NO

YES
HOLD IS ACCPTED. Check third box
HOLD IS ACCEPTED. Check fourth box.
Was the felony punishable by imprisonment in State prison?
Has the individual been convicted of a misdemeanor within the past five years?
NO
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?




YES

NO


NO


NO
 
HOLD IS ACCEPTED. Check second box and identify felony.
Was it a serious or violent felony pursuant to PC 1192.7(c) or 667.5(c)
NO
Was the felony one of the offenses listed on the reverse side?
HOLD IS NOT ACCEPTED




YES


YES



 
HOLD IS ACCEPTED. Check first box and identify felony.
HOLD IS ACCEPTED. Check sixth box and identify felony.