H 83 — IMMIGRATION – Adds to existing law to provide for the Immigration Cooperation and Enforcement Act.

(4) The provisions of this section shall not apply if the defendant is a necessary witness to or victim of a crime of domestic violence, rape, sex- ual exploitation, sexual assault, murder, manslaughter, assault, battery, human trafficking, kidnapping, false imprisonment, involuntary servitude, fraud in foreign labor contracting, blackmail, extortion, or witness tam- pering where the referenced crime occurred during the defendant's act of transporting the dangerous illegal alien.

18-9007.

SENTENCING ENHANCEMENT.

Any person eighteen (18) years of age or older who is found guilty of or pleads guilty to any dangerous crime shall be sentenced to a mandatory minimum term of confinement to the custody of the state board of correction for a period of not less than five (5) years if it is found by the trier of fact that previous to the commission of such dangerous crime the defendant has been deported or is under order of removal or deportation pursuant to federal authority.

18-9008.

DETERMINATION OF ALIENAGE UPON CONFINEMENT.

(1) Following an arrest for a criminal offense, the custodial authority shall determine as part of the booking process if the person may be a foreign national.

If it is determined that the person is a foreign national, then the custodial author- ity shall notify DHS of the identity of the person so confined and the place of confinement.

Such notification shall be provided within forty-eight (48) hours of the person being placed in confinement.

(2) A person's status as a foreign national shall be considered suspect if the person cannot provide:

(a) A valid Idaho driver's license;

(b) A valid Idaho identification card;

(c) A valid United States passport;

(d) Any valid driver's license or identification card issued by a state or district or territory of the United States, provided the issuing authority limits issuance of the foregoing to persons who demonstrate lawful presence in the United States;

(e) Any valid identification card issued by the United States, includ- ing those issued by the department of defense, provided the issuing authority limits issuance of the foregoing to persons who demonstrate lawful presence in the United States;

or (f) Any other information sufficiently reliable to demonstrate the identity of the confined person and the person's lawful presence in the United States.

18-9009.

CONDITIONS OF RELEASE OF ILLEGAL ALIEN FROM CONFINE- MENT.

Following entry of a judgment of conviction for a criminal offense, no person eighteen (18) years of age or older that is known to be an illegal alien shall be released from confinement in any correctional facility, state rehabilitation center, penitentiary, prison, county jail, or city jail un- til the determinate sentence has been completed, and thereafter may only be released prior to the person's completion of his indeterminate sentence if the alien is being released into the custody of law enforcement officials from another state or the federal government for further criminal proceed- ings or if the custodial authority first obtains written confirmation from DHS that DHS will take custody of the person upon release and deport the person from the United States.

An illegal alien shall not be eligible to par- ticipate in alternate sentencing programs such as work release, inmate labor detail, a scheduled sentence program, or similar programs.

18-9010.

AUTHORITY TO TRANSPORT ILLEGAL ALIENS.

A law enforcement of- ficial of the custodial authority shall be authorized to securely transport such illegal alien to a federal facility in this state or to any other tempo- rary point of detention when complying with a valid immigration detainer or a federal arrest warrant or pursuant to release arranged with DHS pursuant to section 18-9009, Idaho Code.

18-9011.

IMMUNITY.

A law enforcement official or custodial authority acting in good faith to carry out duties or activities allowed by this chap- ter shall have immunity from damages or liability from such actions.

18-9012.

18-9013.

INTERPRETATION.

(1) The provisions of this chapter relating to immigration terminology and definitions shall be construed to have the same meanings as provided under federal immigration law, unless otherwise defined in this chapter.

(2) The provisions of this chapter shall be construed and implemented in a manner consistent with federal laws and regulations and interpretive case law governing immigration and civil rights.

That Title 19, Idaho Code, be, and the same is hereby amended by the addition thereto of a NEW CHAPTER , to be known and designated as Chap- ter 63, Title 19, Idaho Code, and to read as follows:

CHAPTER 63 ORDER TO RETURN TO FOREIGN NATION 19-6301.

ORDER TO RETURN TO FOREIGN NATION.

(1) A magistrate during a person's appearance pursuant to section 19-514 or 19-615, Idaho Code, may, after making a determination that probable cause exists for arrest for an of- fense pursuant to section 18-9002 or 18-9003, Idaho Code, order the person released from custody and issue a written order in accordance with subsec- tion (3) of this section.

(2) The judge in a person's case at any time after the person's appear- ance before a magistrate pursuant to section 19-514 or 19-615, Idaho Code, may, in lieu of continuing the prosecution of or entering an adjudication re- garding an offense pursuant to section 18-9002 or 18-9003, Idaho Code, dis- miss the charge pending against the person and issue a written order in ac- cordance with subsection (3) of this section.

(3) A written order authorized by subsection (1) or (2) of this section must discharge the person and require the person to return to the foreign na- tion from which the person entered or attempted to enter and may be issued only if:

(a) The person agrees to the order;

(b) The person has not previously been convicted of an offense under chapter 90, title 18, Idaho Code, or previously obtained a discharge un- der an order described by subsection (1) or (2) of this section;

(c) The person is not charged with another offense that is punishable as a felony;

and (d) Before the issuance of the order, the arresting law enforcement agency:

(i) Collects all available identifying information of the per- son, which must include taking fingerprints from the person and using other applicable photographic and biometric measures to identify the person;

and (ii) Cross-references the collected information with:

1.

All relevant local, state, and federal criminal databases;

and 2.

Federal lists or classifications used to identify a per- son as a threat or potential threat to national security.

(4) Upon a person's conviction of an offense under chapter 90, title 18, Idaho Code, the judge shall enter in the judgment in the case an order requir- ing the person to return to the foreign nation from which the person entered or attempted to enter.

An order issued pursuant to this subsection takes ef- fect upon completion of the term of confinement or imprisonment imposed by the judgment.

(5) An order issued pursuant to this section shall include:

(a) The manner of transportation of the person to a port of entry, as defined in section 18-9001, Idaho Code;

and (b) The law enforcement officer or state agency responsible for moni- toring compliance with the order.

(6) An order issued pursuant to this section shall be filed:

(a) With the county clerk of the county in which the person was ar- rested, for an order described in subsection (1) of this section;

or (b) With the clerk of the court exercising jurisdiction in the case, for an order described in subsection (2) or (4) of this section.

(7) Not later than the seventh day after the date an order is issued pur- suant to this section, the law enforcement officer or state agency required to monitor compliance with the order shall report the issuance of the order to the Idaho state police for inclusion in the Idaho criminal history data- base.

SECTION 3.

SECTION 4.3.