Bill Summary for S 101 (2021-2022)

Summary date: 

Mar 9 2021

Bill Information:

View NCGA Bill Details2021
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.

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Bill summary

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.

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