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2016 SESSION

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HB 481 Compliance with detainers; U.S. Immigration and Customs Enforcement.

Introduced by: Robert G. Marshall | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Compliance with detainers; U.S. Immigration and Customs Enforcement. Prohibits the Director of the Department of Corrections, sheriff, or other official in charge of a facility from releasing an incarcerated alien for whom a lawful detainer order has been received from U.S. Immigration and Customs Enforcement, except to transfer custody of such alien to another facility or to an appropriate federal authority. The bill provides that an alien must be held in excess of his scheduled release date if federal or state law requires that such alien be held until transferred to an appropriate federal authority.

SUMMARY AS PASSED HOUSE:

Compliance with detainers; U.S. Immigration and Customs Enforcement; Criminal Injuries Compensation Fund. Requires that the Director of the Department of Corrections 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 except to transfer custody of the 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. The bill also provides that any person who is injured by an alien released from custody after receiving such detainer is eligible for compensation to be paid from the Criminal Injuries Compensation Fund.

SUMMARY AS INTRODUCED:

Compliance with detainers; U.S. Immigration and Customs Enforcement. Requires the Director of the Department of Corrections or other official in charge of the facility in which an alien is incarcerated to comply with any detainer received from U.S. Immigration and Customs Enforcement. The bill provides that no alien subject to the detainer shall be released except to transfer custody of the alien to another facility or to the 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. The bill also waives sovereign immunity for any tortious injury or act committed by an alien released in violation of this requirement after his release.