REQUIRE COOPERATION WITH ICE 2.0.

View NCGA Bill Details2021-2022 Session
Senate Bill 101 (Public) Filed Monday, February 15, 2021
AN ACT TO REQUIRE COMPLIANCE WITH IMMIGRATION DETAINERS AND ADMINISTRATIVE WARRANTS AND TO REQUIRE CERTAIN REPORTS FROM LOCAL LAW ENFORCEMENT.
Intro. by Edwards, Sanderson, Britt.

Status: Ref To Com On Rules, Calendar, and Operations of the House (House action) (Mar 17 2021)

SOG comments (1):

Long title change

Senate committee substitute to the 1st edition changed the long title. Original title was AN ACT TO REQUIRE INDIVIDUALS WHO ARE CHARGED WITH CERTAIN CRIMES AND WHO ARE SUBJECT TO A DETAINER REQUEST BE HELD FOR FORTY-EIGHT HOURS AND TO REQUIRE CERTAIN REPORTS FROM LOCAL LAW ENFORCEMENT.

S 101

Bill Summaries:

  • Summary date: Mar 11 2021 - More information

    Senate amendments make the following changes to the 2nd edition.

    Amendment #1 deletes the provision in GS 162-62 that made it a Class 3 misdemeanor when the administrator or other person in charge of the facility holding the prisoner (1) willfully fails to make a query of Immigration and Customs Enforcement of the US Department of Homeland Security when required to do so under the statute or (2) willfully fails to hold a prisoner for 48 hours when required to do so under the statute. 

    Amendment #2 amends GS 162-62(a) to also require the administrator or equivalent of any county jail, local or district confinement facility, satellite jail or work release unit (facility) to attempt to determine if any prisoner who is confined for any period in their facility is a legal resident if the individual is charged with a class A1 misdemeanor under Article 8 (assaults) of GS Chapter 14 or any violation of 50B-4.1 (violation of valid protective order).


  • Summary date: Mar 9 2021 - More information

    Senate committee substitute amends the 1st edition as follows.

    Deletes the proposed changes to GS 162-62 and instead makes the following changes to the statute. Requires the administrator or equivalent of any county jail, local or district confinement facility, satellite jail or work release unit (facility) to attempt to determine if any prisoner who is confined for any period in their facility and charged with a specified felony offense or crime is a legal resident (previously, limited to prisoners charged with a felony or an impaired driving offense). Offenses and crimes which trigger the duty include any felony under GS 90-95 (violations of the Controlled Substances Act), or Article 6 of GS Chapter 14 (concerning homicide), or a crime under Articles 7B (rape and other sex offenses), 8 (assaults), 10A (human trafficking), or 13A (criminal gangs) of GS Chapter 14. Requires the administrator to make a query to Immigration and Customs Enforcement (ICE) if the administrator is unable to determine that the prisoner is a legal resident or citizen (currently, qualifies the requirement with "where possible").

    Now establishes three requirements that must be met when any person charged with a criminal offense is confined for any period in a facility and the administrator or equivalent has been notified that ICE has issued a detainer and administrative warrant that reasonably appears to be the person in custody. Requires the prisoner to be taken before a State judicial official prior to the prisoner's release, who must be provided with the detainer and administrative warrant, or copies thereof. Requires the judicial official to issue an order directing the prisoner to be held in custody if the prisoner appearing before the official is the same person subject to the detainer and administrative warrant. Requires release of the prisoner, unless continued custody is required by other legal process, upon the earlier of (1) 48 hours from receipt of the detainer and administrative warrant, (2) ICE takes custody of the prisoner, or (3) ICE rescinds the detainer. Provides full criminal and civil immunity for State and local law enforcement officers and agency acting pursuant to the statute. 

    Makes willful failure by the administrator or equivalent to make a query to ICE when required or willful failure to hold a prisoner for 48 hours when required to do so a Class 3 misdemeanor (a Class 1 misdemeanor in the previous edition).

    Modifies the annual reporting requirements for facility administrators or equivalents to specify that the annual reports are to provide the previously specified content from the preceding July 1st to June 30th. 

    Eliminates the proposed changes to GS 15A-534, which required any direct or collateral circumstances that may increase the likelihood of the defendant failing to appear at a court proceeding or increase the difficulty in locating the defendant upon failure to appear at a court proceeding to be taken into account in determining conditions for pretrial release.

    Changes the act's long title.


  • Summary date: Feb 15 2021 - More information

    Amend GS 162-62 to mandate administrators or another person in charge of a county jail, local confinement facility, district confinement facility, or satellite jail/work unit to make a query of Immigration and Customs Enforcement (ICE) of the US Department of Homeland Security when unable to determine if a prisoner who is charged with a felony or an impaired driving offense is a legal resident or citizen of the United States or its territories (previously mandated, but qualified with "where possible"). Adds a new requirement for an administrator or another person in charge of such a facility to hold a prisoner for 48 hours from the receipt of detainer, regardless of satisfaction of pretrial release conditions, if (1) in receipt of a detainer request from ICE and (2) the prisoner is charged with a crime under GS 90-95 (violations and penalties of the Controlled Substances Act), Article 6 (Homicide), Article 7B (Rape and Other Sex Offenses), Article 10A (Human Trafficking), or Article 13A (NC Gang Suppression Act) of GS Chapter 14. Allows for release within that period upon proof that the prisoner is a legal resident and satisfaction of all other pretrial release conditions imposed. Makes willful failure to make a query of ICE when required to do so or the willful failure to hold a prisoner for 48 hours when required to do so a Class 1 misdemeanor. Makes conforming changes.

    Establishes an annual reporting requirement, beginning October 1, 2022, for every administrator or another person in charge of a subject facility to report on its compliance with GS 162-62, as amended, to the specified NCGA committee. Details seven components required of the reports, including the number of times an ICE detainer request was sent and the number of times a prisoner was held for the full 48 hours.

    Amends GS 15A-534 concerning conditions for pretrial release, to require any direct or collateral circumstances that may increase the likelihood of the defendant failing to appear at a court proceeding or increase the difficulty in locating the defendant upon failure to appear at a court proceeding to be taken into account. Makes language gender neutral.

    Applies to offenses committed on or after December 31, 2021.


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