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2017 SESSION
17100565DBe 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 a lawful detainer
order 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 an appropriate federal authority, provided that no alien may be
held in custody in excess of the date that he would otherwise be released from
custody. However, if federal or state law requires that such alien be held in
custody [ until transferred to an appropriate federal authority ]
in excess of such date, such alien shall be held in custody in accordance with
federal or state law.
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.