2025 SESSION

INTRODUCED

25100582D

HOUSE BILL NO. 2188

Offered January 13, 2025

Prefiled January 7, 2025

A BILL to amend and reenact § 53.1-220.1 of the Code of Virginia, relating to transfer of prisoners convicted of designated illegal acts.

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Patron—Freitas

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Referred to Committee for Courts of Justice

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Be it enacted by the General Assembly of Virginia:

1. That § 53.1-220.1 of the Code of Virginia is amended and reenacted 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 United States Immigration and Customs Enforcement shall, 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) felony violation of criminal sexual assault under Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2; or (iii) illegal drug violation designated as a felony under Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2. 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 United States Immigration and Customs Enforcement 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 United States Immigration and Customs Enforcement.