Bill Summaries: H 10 REQUIRE SHERIFFS TO COOPERATE WITH ICE.

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Tracking:
  • Summary date: May 2 2024 - View Summary

    Senate amendment to the 3rd edition changes the date that the administrator or other person in charge of each county jail or other confinement facility specified in GS 162-62(e) must begin submitting an annual report to the NCGA Committee from October 1, 2024 to October 1, 2025. 


  • Summary date: Apr 30 2024 - View Summary

    Senate committee substitute to the 2nd edition makes the following changes.

    Amends GS 162-62 by requiring adoption of a policy for compliance with the new provisions related to compliance with detainers.

    Adds new GS 162-63, establishing a complaint procedure for any person, including a federal agency, to file a complaint with the Attorney General alleging that an administrator (as defined) has failed or is failing to comply with GS 162-62 as amended by the act. Requires petitioner to include any evidence of noncompliance the person has in support of the petition. Requires administrators to comply with any document requests from the Attorney General relating to a complaint. Allows for the Attorney General to file a petition for declaratory or injunctive relief, mandamus, or other relief in the Superior Court for Wake County, or the superior court of the county where the facility is located, against the administrator.  Requires the court to issue an injunction if it finds that an administrator is not in compliance with GS 162-62 and provides for continuing jurisdiction.  Provides for orders approving consent decrees and for an appeal. 

    Removes appropriation of $278,994 in recurring funds for each year of the 2023-2025 biennium from the General Fund to the Department of Health and Human Services, Division of Health Services Regulation, Construction Section to be used to hire two full-time Jail Inspectors.

    Changes effective date to July 1, 2024, and applies to offenses committed and persons released from custody on or after that date. Makes conforming changes to the act’s long title. 

      


  • Summary date: Mar 28 2023 - View Summary

    House amendment to the 1st edition makes the following changes. Appropriates $278,994 in recurring funds for each year of the 2023-2025 biennium from the General Fund to the Department of Health and Human Services, Division of Health Services Regulation, Construction Section to be used to hire two full-time Jail Inspectors. Effective July 1, 2023. Makes conforming changes to the act’s long title.  


  • Summary date: Jan 25 2023 - View Summary

    Amends GS 162-62 to 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 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: (1) any felony under GS 90-95 (violations of the Controlled Substances Act); (2) Articles 6 (concerning homicide), 7B(rape and other sex offenses), 10 (kidnapping and abduction), 10A (human trafficking), or 13A (criminal gangs) of GS Chapter 14; (3) Class A1 misdemeanor or felony under Article 8 (assaults) of GS Chapter 14; and (4) violation of GS 50B-4.1 (violation of valid protective order). 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").

    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 reasonable 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 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 agencies acting pursuant to the statute.

    Requires facility administrators or equivalents to report annually, beginning October 1, 2024, to the specified NCGA committee on seven specified items concerning compliance with the statute from the preceding July 1 to June 30, including: (1) the number of times the facility made a query of ICE, (2) the number of times ICE sent a detainer request for a prisoner, (3) the number of times a prisoner was held then released following the rescinding of a detainer order by ICE, and (4) the number of times a prisoner was held who would have otherwise been eligible for release from custody.

    Effective December 1, 2023, and applies to offenses committed on or after that date.