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  • Summary date: Jan 31 2023 - View Summary

    Substantively identical to H 10, filed 1/25/23.

    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.