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2016 SESSION

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16105241D
HOUSE BILL NO. 481 FLOOR AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by Delegate Habeeb on February 5, 2016) (Patron Prior to Substitute--Delegate Marshall, R.G.) A BILL to amend and reenact § 53.1-220.2 of the Code of Virginia, relating to compliance with detainers; U.S. Immigration and Customs Enforcement; Criminal Injuries Compensation Fund.

Be it enacted by the General Assembly of Virginia:

1. That § 53.1-220.2 of the Code of Virginia is amended and reenacted as follows:

§ 53.1-220.2. Transfer of certain incarcerated persons to Immigration and Customs Enforcement.

A. Any Director, sheriff, or other official in charge of the facility in which an alien is incarcerated who receives any detainer from U.S. Immigration and Customs Enforcement shall not release such alien subject to the detainer except to transfer custody of such alien to another facility or to U.S. Immigration and Customs Enforcement, provided that no alien may be held in custody in excess of the date that he would otherwise be released from custody.

B. The Director, sheriff, or other official in charge of the facility in which an alien is incarcerated may, upon receipt of a detainer from U.S. Immigration and Customs Enforcement, transfer custody of the alien to U.S. Immigration and Customs Enforcement no more than five days prior to the date that he would otherwise be released from custody. Upon transfer of custody, notwithstanding any other provision of law, the alien shall receive credit for the number of days remaining before he would otherwise have been released.

C. Any person who is injured by an alien released from custody in violation of subsection A shall be eligible for compensation to be paid from the Criminal Injuries Compensation Fund.