Title 17 Chapter 22 Section 9.5

Counties
Sheriff
Section 9.5
Citizenship determination of incarcerated persons.

            

17-22-9.5.   Citizenship determination of incarcerated persons.

            (1) The sheriff shall make a reasonable effort to determine the citizenship status of a person charged with a felony or driving under the influence under Section 41-6a-502 when the person is confined to the county jail for a period of time.

            (2) If the confined person is a foreign national, the sheriff shall make a reasonable effort to verify that the person:

            (a) has been lawfully admitted into the United States; and

            (b) the person's lawful status has not expired.

            (3) (a) If the sheriff cannot verify the confined person's lawful status from documents in the person's possession, the sheriff shall attempt to verify that status within 48 hours of the person's confinement at the jail through contacting:

            (i) the Law Enforcement Support Center of the United States Department of Homeland Security; or

            (ii) an office or agency designated for citizenship status verification by the United States Department of Homeland Security.

            (b) The sheriff shall notify the United States Department of Homeland Security of a person whose lawful citizenship status cannot be verified under Subsection (2) or (3)(a).

            (4) It is a rebuttable presumption for the purpose of determining the grant or issuance of a bond that a person who is verified under this section as a foreign national not lawfully admitted into the United States is at risk of flight.


Enacted by Chapter 26, 2008 General Session