Bill Summary – FastDemocracy

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:
                                      A BILL TO BE ENTITLED
 AN ACT TO REQUIRE COMPLIANCE WITH IMMIGRATION DETAINERS AND
      ADMINISTRATIVE WARRANTS AND TO REQUIRE CERTAIN REPORTS FROM
      LOCAL LAW ENFORCEMENT.
 The General Assembly of North Carolina enacts:
             SECTION 1. G.S. 162-62 reads as rewritten:
 "§ 162-62. Legal status of prisoners.
      (a)    When any person charged with a felony or an impaired driving offense 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.both,
 if the person is charged with any of the following offenses:
             (1)      A felony under G.S. 90-95.
             (2)      A felony under Article 6, Article 7B, Article 10, Article 10A, or Article 13A
                      of Chapter 14 of the General Statutes.
             (3)      A Class A1 misdemeanor or felony under Article 8 of Chapter 14 of the
                      General Statutes.
             (4)      Any violation of G.S. 50B-4.1.
      (b)    If the administrator or other person in charge of the facility is unable to determine if
 that prisoner is a legal resident or citizen of the United States or its territories, the administrator
 or other person in charge of the facility holding the prisoner, where possible, prisoner shall make
 a query of Immigration and Customs Enforcement of the United States Department of Homeland
 Security. If the prisoner has not been lawfully admitted to the United States, the United States
 Department of Homeland Security will have been notified of the prisoner's status and
 confinement at the facility by its receipt of the query from the facility.
      (b1) When 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 has been notified that
 Immigration and Customs Enforcement of the United States Department of Homeland Security
 has issued a detainer and administrative warrant that reasonably appears to be for the person in
 custody, the following shall apply:
             (1)      Prior to the prisoner's release, and after receipt of the detainer and
                      administrative warrant, or a copy thereof, by the administrator or other person
                      in charge of the facility, the prisoner shall be taken without unnecessary delay
                                     *DRH30000-ND-10*
     General Assembly Of North Carolina                                                     Session 2023
                      before a State judicial official who shall be provided with the detainer and
                      administrative warrant, or a copy thereof.
              (2)     The judicial official shall issue an order directing the prisoner be held in
                      custody if the prisoner appearing before the judicial official is the same person
                      subject to the detainer and administrative warrant.
              (3)     Unless continued custody of the prisoner is required by other legal process, a
                      prisoner held pursuant to an order issued under this subsection shall be
                      released upon the first of the following conditions:
                      a.      The passage of 48 hours from receipt of the detainer and administrative
                              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.
      (c)     Nothing Except as provided in subsection (b1) of this section, nothing in this section
 shall be construed to deny bond to a prisoner or to prevent a prisoner from being released from
 confinement when that prisoner is otherwise eligible for release.
      …
      (e)     Beginning October 1, 2024, and annually thereafter, the administrator or other person
 in charge of each county jail, local confinement facility, district confinement facility, or satellite
 jail or work release unit within the State shall report to the Joint Legislative Oversight Committee
 on Justice and Public Safety on each of the following with regard to compliance with this section
 from the preceding July 1 to June 30:
              (1)     The number of times the facility made a query of Immigration and Customs
                      Enforcement of the United States Department of Homeland Security.
              (2)     The number of times Immigration and Customs Enforcement of the United
                      States Department of Homeland Security responded to a query.
              (3)     The number of times Immigration and Customs Enforcement of the United
                      States Department of Homeland Security sent a detainer request for a prisoner.
              (4)     The number of times a prisoner was held for the full 48 hours.
              (5)     The number of times a prisoner was held then released following the
                      rescinding of a detainer order by the Immigration and Customs Enforcement
                      of the United States Department of Homeland Security.
              (6)     The number of times a prisoner was held who would have otherwise been
                      eligible for release from custody.
              (7)     The number of times Immigration and Customs Enforcement of the United
                      States Department of Homeland Security took custody of a prisoner after
                      notification from the administrator or other person in charge of the facility
                      holding the prisoner."
              SECTION 2. This act becomes effective December 1, 2023, and applies to offenses
 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
Ratified: 115C-47, 115C-111.05, 115C-150.9, 115C-472.18, 162-62, 143B-1373.1
SL 2024-55: 115C-47, 115C-111.05, 115C-150.9, 115C-472.18, 162-62, 143B-1373.1