GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2021

 

SENATE BILL 101

RATIFIED BILL

 

 

AN ACT to require compliance with immigration detainers and administrative warrants and to require certain reports from local law enforcement.

 

The General Assembly of North Carolina enacts:

 

SECTION 1.(a)  G.S. 162‑62 reads as rewritten:

§ 162‑62.  Legal status of prisoners.

(a)        When any person charged with a felony or an impaired driving offense is confined for any period in a county jail, local confinement facility, district confinement facility, or satellite jail/work release unit, satellite jail, or work release unit, the administrator or other person in charge of the facility shall attempt to determine if the prisoner is a legal resident of the United States by an inquiry of the prisoner, or by examination of any relevant documents, or both.both, if the person is charged with any of the following offenses:

(1)        A felony under G.S. 90‑95.

(2)        A felony under Article 6, Article 7B, Article 10, Article 10A, or Article 13A of Chapter 14 of the General Statutes.

(3)        A Class A1 misdemeanor or felony, under Article 8 of Chapter 14 of the General Statutes.

(4)        Any violation of G.S. 50B‑4.1.

(b)        If the administrator or other person in charge of the facility is unable to determine if that prisoner is a legal resident or citizen of the United States or its territories, the administrator or other person in charge of the facility holding the prisoner, where possible, prisoner shall make a query of Immigration and Customs Enforcement of the United States Department of Homeland Security. If the prisoner has not been lawfully admitted to the United States, the United States Department of Homeland Security will have been notified of the prisoner's status and confinement at the facility by its receipt of the query from the facility.

(b1)      When any person charged with a criminal offense is confined for any period in a county jail, local confinement facility, district confinement facility, satellite jail, or work release unit, and the administrator or other person in charge of the facility has been notified that Immigration and Customs Enforcement of the United States Department of Homeland Security has issued a detainer and administrative warrant that reasonably appears to be for the person in custody, the following shall apply:

(1)        Prior to the prisoner's release, and after receipt of the detainer and administrative warrant, or a copy thereof, by the administrator or other person in charge of the facility, the prisoner shall be taken without unnecessary delay before a State judicial official who shall be provided with the detainer and administrative warrant, or a copy thereof.

(2)        The judicial official shall issue an order directing the prisoner be held in custody if the prisoner appearing before the judicial official is the same person subject to the detainer and administrative warrant.

(3)        Unless continued custody of the prisoner is required by other legal process, a prisoner held pursuant to an order issued under this subsection shall be released upon the first of the following conditions:

a.         The passage of 48 hours from receipt of the detainer and administrative warrant.

b.         Immigration and Customs Enforcement of the United States Department of Homeland Security takes custody of the prisoner.

c.         The detainer is rescinded by Immigration and Customs Enforcement of the United States Department of Homeland Security.

(b2)      No State or local law enforcement officer or agency shall have criminal or civil liability for action taken pursuant to an order issued under subsection (b1) of this section.

(c)        Nothing Except as provided in subsection (b1) of this section, nothing in this section shall be construed to deny bond to a prisoner or to prevent a prisoner from being released from confinement when that prisoner is otherwise eligible for release.

…

(e)        Beginning October 1, 2023, and annually thereafter, the administrator or other person in charge of each county jail, local confinement facility, district confinement facility, or satellite jail or work release unit within the State shall report to the Joint Legislative Oversight Committee on Justice and Public Safety on each of the following with regard to compliance with this section from the preceding July 1 to June 30:

(1)        The number of times the facility made a query of Immigration and Customs Enforcement of the United States Department of Homeland Security.

(2)        The number of times Immigration and Customs Enforcement of the United States Department of Homeland Security responded to a query.

(3)        The number of times Immigration and Customs Enforcement of the United States Department of Homeland Security sent a detainer request for a prisoner.

(4)        The number of times a prisoner was held for the full 48 hours.

(5)        The number of times a prisoner was held then released following the rescinding of a detainer order by the Immigration and Customs Enforcement of the United States Department of Homeland Security.

(6)        The number of times a prisoner was held who would have otherwise been eligible for release from custody.

(7)        The number of times Immigration and Customs Enforcement of the United States Department of Homeland Security took custody of a prisoner after notification from the administrator or other person in charge of the facility holding the prisoner.

SECTION 2.  This act becomes effective December 1, 2022, and applies to offenses committed on or after that date.

In the General Assembly read three times and ratified this the 1st day of July, 2022.

 

 

                                                                    s/  Phil Berger

                                                                         President Pro Tempore of the Senate

 

 

                                                                    s/  Tim Moore

                                                                         Speaker of the House of Representatives

 

 

 

 

                                                                        _____________________________________

                                                                         Roy Cooper

                                                                         Governor

 

 

Approved __________.m. this ______________ day of ___________________, 2022