H.B. 10
GENERAL ASSEMBLY OF NORTH CAROLINA
Jan 25, 2023
SESSION 2023 HOUSE PRINCIPAL CLERK
H D
HOUSE BILL DRH30000-ND-10
Short Title: Require Sheriffs to Cooperate with ICE. (Public)
Sponsors: Representative D. Hall.
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO REQUIRE COMPLIANCE WITH IMMIGRATION DETAINERS AND
3 ADMINISTRATIVE WARRANTS AND TO REQUIRE CERTAIN REPORTS FROM
4 LOCAL LAW ENFORCEMENT.
5 The General Assembly of North Carolina enacts:
6 SECTION 1. G.S. 162-62 reads as rewritten:
7 "§ 162-62. Legal status of prisoners.
8 (a) When any person charged with a felony or an impaired driving offense is confined
9 for any period in a county jail, local confinement facility, district confinement facility, or satellite
10 jail/work release unit, satellite jail, or work release unit, the administrator or other person in
11 charge of the facility shall attempt to determine if the prisoner is a legal resident of the United
12 States by an inquiry of the prisoner, or by examination of any relevant documents, or both.both,
13 if the person is charged with any of the following offenses:
14 (1) A felony under G.S. 90-95.
15 (2) A felony under Article 6, Article 7B, Article 10, Article 10A, or Article 13A
16 of Chapter 14 of the General Statutes.
17 (3) A Class A1 misdemeanor or felony under Article 8 of Chapter 14 of the
18 General Statutes.
19 (4) Any violation of G.S. 50B-4.1.
20 (b) If the administrator or other person in charge of the facility is unable to determine if
21 that prisoner is a legal resident or citizen of the United States or its territories, the administrator
22 or other person in charge of the facility holding the prisoner, where possible, prisoner shall make
23 a query of Immigration and Customs Enforcement of the United States Department of Homeland
24 Security. If the prisoner has not been lawfully admitted to the United States, the United States
25 Department of Homeland Security will have been notified of the prisoner's status and
26 confinement at the facility by its receipt of the query from the facility.
27 (b1) When any person charged with a criminal offense is confined for any period in a
28 county jail, local confinement facility, district confinement facility, satellite jail, or work release
29 unit, and the administrator or other person in charge of the facility has been notified that
30 Immigration and Customs Enforcement of the United States Department of Homeland Security
31 has issued a detainer and administrative warrant that reasonably appears to be for the person in
32 custody, the following shall apply:
33 (1) Prior to the prisoner's release, and after receipt of the detainer and
34 administrative warrant, or a copy thereof, by the administrator or other person
35 in charge of the facility, the prisoner shall be taken without unnecessary delay
*DRH30000-ND-10*
General Assembly Of North Carolina Session 2023
1 before a State judicial official who shall be provided with the detainer and
2 administrative warrant, or a copy thereof.
3 (2) The judicial official shall issue an order directing the prisoner be held in
4 custody if the prisoner appearing before the judicial official is the same person
5 subject to the detainer and administrative warrant.
6 (3) Unless continued custody of the prisoner is required by other legal process, a
7 prisoner held pursuant to an order issued under this subsection shall be
8 released upon the first of the following conditions:
9 a. The passage of 48 hours from receipt of the detainer and administrative
10 warrant.
11 b. Immigration and Customs Enforcement of the United States
12 Department of Homeland Security takes custody of the prisoner.
13 c. The detainer is rescinded by Immigration and Customs Enforcement
14 of the United States Department of Homeland Security.
15 (b2) No State or local law enforcement officer or agency shall have criminal or civil
16 liability for action taken pursuant to an order issued under subsection (b1) of this section.
17 (c) Nothing Except as provided in subsection (b1) of this section, nothing in this section
18 shall be construed to deny bond to a prisoner or to prevent a prisoner from being released from
19 confinement when that prisoner is otherwise eligible for release.
20 …
21 (e) Beginning October 1, 2024, and annually thereafter, the administrator or other person
22 in charge of each county jail, local confinement facility, district confinement facility, or satellite
23 jail or work release unit within the State shall report to the Joint Legislative Oversight Committee
24 on Justice and Public Safety on each of the following with regard to compliance with this section
25 from the preceding July 1 to June 30:
26 (1) The number of times the facility made a query of Immigration and Customs
27 Enforcement of the United States Department of Homeland Security.
28 (2) The number of times Immigration and Customs Enforcement of the United
29 States Department of Homeland Security responded to a query.
30 (3) The number of times Immigration and Customs Enforcement of the United
31 States Department of Homeland Security sent a detainer request for a prisoner.
32 (4) The number of times a prisoner was held for the full 48 hours.
33 (5) The number of times a prisoner was held then released following the
34 rescinding of a detainer order by the Immigration and Customs Enforcement
35 of the United States Department of Homeland Security.
36 (6) The number of times a prisoner was held who would have otherwise been
37 eligible for release from custody.
38 (7) The number of times Immigration and Customs Enforcement of the United
39 States Department of Homeland Security took custody of a prisoner after
40 notification from the administrator or other person in charge of the facility
41 holding the prisoner."
42 SECTION 2. This act becomes effective December 1, 2023, and applies to offenses
43 committed on or after that date.
Page 2 DRH30000-ND-10
Statutes affected: Filed: 162-62
Edition 1: 162-62
Edition 2: 162-62
Edition 3: 162-62
Edition 4: 162-62