2025 SESSION

INTRODUCED

25104393D

HOUSE BILL NO. 1891

Offered January 13, 2025

Prefiled January 6, 2025

A BILL to amend and reenact § 53.1-220.2 of the Code of Virginia, relating to transfer of certain incarcerated persons to U.S. Immigration and Customs Enforcement.

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Patron—Ballard

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Referred to Committee on Public Safety

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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.

The Director, sheriff, or other official in charge of the facility in which an alien is incarcerated may shall, upon receipt of a detainer from U.S. Immigration and Customs Enforcement, (i) provide U.S. Immigration and Customs Enforcement with prerelease notification of such alien's release and (ii) upon request from U.S. Immigration and Customs Enforcement, transfer custody of the alien to U.S. Immigration and Customs Enforcement upon such alien's release. Such release shall occur 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.