At a council meeting on March 9, 2010, Orange County Sheriff Sandra Hutchens offered a proposal to house 838 U.S. Immigration and Customs Enforcement (ICE) detainees at two of the Orange County jails – Theo Lacy and James A. Musick Facility. Most of the ICE detainees are former federal, state or local inmates who were unable to provide proof of citizenship at the time of their arrest and were turned over to ICE after serving their sentence.

Sheriff Hutchens’ proposal was not well-received by both the Mayor and Councilmen. Both were “uncomfortable” with the Sheriff Department’s proposal especially since there was an issue of it violating the city’s 15-year-old agreement with the county, which specifies jail perimeters and limits on inmate population. According to the Orange County Register, Hutchens said “she did not believe the proposal would violate the existing agreement with the city because nothing new would be added to the jail.” She further stated, “We have no intention of increasing the population above what was discussed (in the agreement).”

The LA Times and Orange County Register report that the Orange County crime lab and new DNA database will be reviewed in order to examine if there is a level of bias and to check productivity. John Moorlach a member of the Board of Supervisors commented that “if we’re doing all right they way it is, that’s great to know”. The Sheriff, District Attorney and County Executive Officer are in charge of the crime lab. The District Attorney is in the processes of compiling its own DNA database which it sends to a private laboratory. The DNA is being collected from non-violent offenders as part of their dismissal deal. The idea is that if the person becomes a repeat offender any evidence gathered at a crime scene can then be compared to the database and provide a future match. The District Attorney has also presented a plan to the Board of Supervisors for a DNA collections vehicle which can be used during emergency situations. After a disaster the DNA can be used to identify victims the DA explains. The review coincides with a report from the National Academy of Science which discusses the potential bias of the crime lab since it is run by a police agency.

Some defendants hesitate and even request to be excluded from this DNA requirement. However, the majority of Defendants benefit as they usually receive a dismissal if the District Attorney and the Defendant’s attorney negotiate an agreement whereby the Defendant will submit DNA. Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636. Mr. Bruzzo represents defendants on all criminal law matters to include Penal Code Section 488 (Petty Theft), Vehicle Code Section 20001(a) (Hit and Run) and Health and Safety Code Section 11377(a) (Possession of a Controlled Substance).