Bill > A164

Introduced Session

This bill is intended to ensure that persons who are unlawfully present in the United States and have been incarcerated in prisons, jails, youth detention, or other correctional facilities in this State are not released back into the general population upon their release, but rather are remanded solely to the custody of federal immigration officials. The bill requires the administrator, superintendent, warden or other person responsible for the operation of a prison, jail, youth detention or other correctional facility to determine the nationality of every inmate incarcerated in the facility. If an inmate is not a United States citizen, the facility's administrator is required to determine whether the inmate is lawfully present in the United States. When this cannot be determined, the inmate is to be deemed not lawfully present in the United States. The bill prohibits the release of an inmate if the inmate is not a United States citizen or is not lawfully present in the United States except to the custody of United States Citizenship and Immigration Services officials. Administrators, superintendents, wardens or other operators of correctional facilities who violate the bill's provisions are liable to a civil fine as specified by the Commissioner of Corrections.

Committee Categories

Parker Space (R)*,  Harold Wirths (R)*,  Antwan McClellan (R),  Erik Simonsen (R),  Jean Stanfield (R), 

Introduced, Referred to Assembly Law and Public Safety Committee (on 01/14/2020)