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1996 SESSION
962160252Patrons-- Grayson, Cooper, Darner, Deeds, Ingram, Jones, J.C., Keating, McClure, McDonnell, Nelms, O'Brien, Rhodes, Van Landingham and Wagner; Senators: Barry and Norment
Be it enacted by the General Assembly of Virginia:
1. That § 53.1-220.1 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding in Article 2 of Chapter 2 of Title 53.1 a section numbered 53.1-40.02 as follows:
§ 53.1-220.1. Transfer of prisoners convicted of designated illegal acts.
With the consent of the appropriate state authorities, the Immigration and
Naturalization Service may, following notification under § 19.2-294.2,
take physical custody of and responsibility for any alien convicted of any
(i) felony offense involving murder, rape, robbery, burglary,
larceny, extortion, or abduction, or (ii) illegal drug violation designated as
a felony under Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title
18.2 other than a Class 1 felony. The director, sheriff or
other official in charge of the facility in which such alien is incarcerated
may enter into an agreement, which includes provisions relating to
reimbursement, with the Immigration and Naturalization Service to retain
custody or supervision of such alien until he is deported or until other
mutually satisfactory arrangements are made to transfer custody of such alien
to the Service.
§ 53.1-40.02. Release of illegal aliens.
Notwithstanding any other provision of law, any person who is an illegal alien, serving a sentence imposed upon a conviction for a felony offense other than a Class 1 felony, is eligible for parole at any time, provided he is released upon parole to the custody of the Immigration and Naturalization Service, in accordance with an agreement between the appropriate state authorities and the Immigration and Naturalization Service, to be deported. The Parole Board shall promulgate regulations to implement the provisions of this section.