VIRGINIA LAW PORTAL

• Code of Virginia
• Virginia Administrative Code
• Constitution of Virginia
• Charters
• Authorities
• Compacts
• Uncodified Acts
• RIS Users (account required)

SEARCHABLE DATABASES

• Bills & Resolutions
  session legislation
• Bill Summaries
  session summaries
• Reports to the General Assembly
  House and Senate documents
• Legislative Liaisons
  State agency contacts

ACROSS SESSIONS

• Subject Index: Since 1995
• Bills & Resolutions: Since 1994
• Summaries: Since 1994

Developed and maintained by the Division of Legislative Automated Systems.

2016 SESSION

• history | hilite | pdf | print version

16104781D
HOUSE BILL NO. 481 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the House Committee on Militia, Police and Public Safety on January 29, 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.

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. The Director, sheriff, or other official in charge of the facility in which an alien is incarcerated shall comply with any detainer received from U.S. Immigration and Customs Enforcement and shall not release an alien subject to the detainer 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.

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. If an alien is released from custody in violation of subsection A, the Commonwealth in the case of the Director, the locality where the correctional facility is located, or the participating localities in the case of a regional correctional facility may be liable for any tortious injury or act committed by the alien from the time of his release to midnight on the date that he would otherwise have been released from custody. The amount recoverable by any claimant shall not exceed $100,000. This subsection shall constitute a waiver of sovereign immunity.