• Summary date: Apr 8 2019 - 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 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, 2020, 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.

    Applies to offenses committed on or after December 31, 2019.

© 2022 School of Government The University of North Carolina at Chapel Hill

This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.

Printer-friendly: Click to view