January Session, 2013
LCO No. 7546
REP. HOLDER-WINFIELD, 94th Dist.
REP. FOX, 146th Dist.
REP. REBIMBAS, 70th Dist.
REP. PERILLO, 113th Dist.
"AN ACT CONCERNING CIVIL IMMIGRATION DETAINERS. "
Strike everything after the enacting clause and substitute the following in lieu thereof:
"Section 1. (NEW) (Effective January 1, 2014) (a) For the purposes of this section:
(1) "Civil immigration detainer" means a detainer request issued pursuant to 8 CFR 287. 7;
(2) "Convicted of a felony" means that a person has been convicted of a felony, as defined in section 53a-25 of the general statutes, pursuant to a final judgment of guilt entered by a court in this state or in a court of competent jurisdiction within the United States upon a plea of guilty, a plea of nolo contendere or a finding of guilty by a jury or the court notwithstanding any pending appeal or habeas corpus proceeding arising from such judgment;
(3) "Federal immigration authority" means any officer, employee or other person otherwise paid by or acting as an agent of United States Immigration and Customs Enforcement or any division thereof or any officer, employee or other person otherwise paid by or acting as an agent of the United States Department of Homeland Security who is charged with enforcement of the civil provisions of the Immigration and Nationality Act; and
(4) "Law enforcement officer" means:
(A) Each officer, employee or other person otherwise paid by or acting as an agent of the Department of Correction;
(B) Each officer, employee or other person otherwise paid by or acting as an agent of a municipal police department;
(C) Each officer, employee or other person otherwise paid by or acting as an agent of the Division of State Police within the Department of Emergency Services and Public Protection; and
(D) Each judicial marshal and state marshal.
(b) No law enforcement officer who receives a civil immigration detainer with respect to an individual who is in the custody of the law enforcement officer shall detain such individual pursuant to such civil immigration detainer unless the law enforcement official determines that the individual:
(1) Has been convicted of a felony;
(2) Is subject to pending criminal charges in this state where bond has not been posted;
(3) Has an outstanding arrest warrant in this state;
(4) Is identified as a known gang member in the database of the National Crime Information Center or any similar database or is designated as a Security Risk Group member or a Security Risk Group Safety Threat member by the Department of Correction;
(5) Is identified as a possible match in the federal Terrorist Screening Database or similar database;
(6) Is subject to a final order of deportation or removal issued by a federal immigration authority; or
(7) Presents an unacceptable risk to public safety, as determined by the law enforcement officer.
(c) Upon determination by the law enforcement officer that such individual is to be detained or released, the law enforcement officer shall immediately notify United States Immigration and Customs Enforcement. If the individual is to be detained, the law enforcement officer shall inform United States Immigration and Customs Enforcement that the individual will be held for a maximum of forty-eight hours, excluding Saturdays, Sundays and federal holidays. If United States Immigration and Customs Enforcement fails to take custody of the individual within such forty-eight hour period, the law enforcement officer shall release the individual. In no event shall an individual be detained for longer than such forty-eight hour period solely on the basis of a civil immigration detainer. "
This act shall take effect as follows and shall amend the following sections:
January 1, 2014