SB 101 — Require Cooperation with ICE 2.0.

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2021 S 21 SENATE BILL 101 Judiciary Committee Substitute Adopted 3/9/21 Short Title:

Senators Edwards, Sanderson, and Britt (Primary Sponsors).

Rules and Operations of the Senate February 16, 2021 A BILL TO BE ENTITLED AN ACT TO REQUIRE COMPLIANCEINDIVIDUALS WITHWHO IMMIGRATIONARE DETAINERSCHARGED ANDWITH ADMINISTRATIVECERTAIN WARRANTSCRIMES ANDWHOARESUBJECTTOADETAINERREQUESTBEHELDFORFORTY-EIGHT HOURS AND TO REQUIRE CERTAIN REPORTS FROM LOCAL LAW ENFORCEMENT.

"(a)(a) When any person charged with a felony or an impaired driving offense underis G.S.confined for anyperiod in a county jail, local confinement facility, district confinement facility, or satellite jail/work release unit, the administrator or other person in charge of the facility shall attempt to determine if the prisoner is a legal resident of the United States by an inquiry of the prisoner, or by examination of any relevant documents, or both.

90-95 or Article 6, or a crime under Article 7B, Article 8, Article 10A, or Article 13A of Chapter 14 of the General Statutes, and is confined for any period in a county jail, local confinement facility, district confinement facility, or satellite jail/work release unit, satellite jail, or work release unit, the administrator or other person in charge of the facility shall attempt to determine if the prisoner is a legal resident of the United States by an inquiry of the prisoner, or by examination of any relevant documents, or both.

(b1) WhenIf any person charged with a criminal offense is confined for any period in a county jail, local confinement facility, district confinement facility, satellite jail, or work release unit, and the administrator or other person in charge of the facility hasholding beenthe notifiedprisoner thatreceives a detainer request from a representative of Immigration and Customs Enforcement of the United States Department of Homeland Security hasfollowing issuedthe aquery detainermade andin administrativesubsection warrant(b) thatof reasonablythis appearssection toand be for the personprisoner inis custody,charged thewith followinga shallcrime apply:under G.S.

(1)90-95 Prioror toArticle the6, prisoner'sArticle release,7B, andArticle after8, receiptArticle of10A, theor detainerArticle and13A administrativeof warrant,Chapter or14 aof copythereof,the bytheGeneral Statutes, the administrator or other person in charge of the facility,facility shall hold the prisoner shallfor be48 takenhours withoutfrom unnecessarydelaythe beforetime aof Statethe judicialreceipt officialof whothe shalldetainer beregardless providedof with the detainerprisoner's andsatisfaction administrativeof warrant,any orpretrial arelease copyconditions thereof.orderedbyajudicialofficialunderG.S.

(2)15A-534. The judicial official shall issue an order directing the prisoner be held in custodyif the prisoner appearingbefore the judicial official is the same person subject to the detainer and administrative warrant.

*S101-v-2*If,duringthis48-hourtimeperiod,theprisoner Generalor Assemblyanother Ofperson Northis Carolinaable Sessionto 2021present (3)proof Unlessto continuedthe custodyadministrator or other person in charge of the facility holding the prisoner isthat requiredthe byprisoner otheris a legal process,resident aor citizen of the United States or its territories, the prisoner heldshall pursuantno tolonger anbe orderheld issuedpursuant underto this subsectionsection shalland may be released upon the firstsatisfaction of theall followingother conditions:pretrial release conditions imposed against the defendant.

a.(b2) If the administrator or other person in charge of the facility holding the prisoner (i) willfully fails to make a query of Immigration and Customs Enforcement of the United States Department of Homeland Security when required to do so under subsection (b) of this section or (ii) willfully fails to hold a prisoner for 48 hours when required to do so under subsection (b1) of *S101-v-1* General Assembly Of North Carolina Session 2021 this section, the administrator or other person in charge of the facility shall be guilty of a Class 1 misdemeanor.

Thepassageof48hoursfromreceiptofthedetainerandadministrative warrant.

b.

Immigration and Customs Enforcement of the United States Department of Homeland Security takes custody of the prisoner.

c.

The detainer is rescinded by Immigration and Customs Enforcement of the United States Department of Homeland Security.

(b2) No State or local law enforcement officer or agency shall have criminal or civil liability for action taken pursuant to an order issued under subsection (b1) of this section.

(b3) If the administrator or other person in charge of the facility holding the prisoner (i) willfully fails to make a query of Immigration and Customs Enforcement of the United States Department of Homeland Security when required to do so under subsection (b) of this section or (ii) willfully fails to hold a prisoner for 48 hours when required to do so under subsection (b1) of this section, the administrator or other person in charge of the facility shall be guilty of a Class 3 misdemeanor.

162-62162-62: from the preceding July 1st to June 30th:

G.S.

15A-534(c) reads as rewritten:

"(c) In determining which conditions of release to impose, the judicial official must, on the basis of available information, take into account the nature and circumstances of the offense charged;

the weight of the evidence against the defendant;

the defendant's family ties, employment, financial resources, character, and mental condition;

whether the defendant is intoxicatedto such a degreethat he thedefendant would beendangered bybeingreleasedwithout supervision;

the length of his the defendant's residence in the community;

his the defendant's recordofconvictions;his thedefendant'shistoryof flighttoavoid prosecutionorfailureto appear at court proceedings;

any direct or collateral circumstances that may (i) increase the likelihood of the defendant failing to appear at a court proceeding and (ii) increase the difficulty in locating the defendant upon a failure to appear at a court proceeding;

and any other evidence relevant to the issue of pretrial release." SECTION 3.

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