AN ACT TO REQUIRE COMPLIANCE WITH IMMIGRATION DETAINERS AND ADMINISTRATIVE WARRANTS AND TO REQUIRE CERTAIN REPORTS FROM LOCAL LAW ENFORCEMENT.
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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