General Assembly Substitute Bill No. 6659
January Session, 2013 *_____HB06659PS____051513____*
General Assembly
Substitute Bill No. 6659
January Session, 2013
*_____HB06659PS____051513____*
AN ACT CONCERNING CIVIL IMMIGRATION DETAINERS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
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 crime" means a final judgment of guilt entered with respect to an individual twenty-one years of age or older on a class A felony in the Superior Court, or a final judgment of guilt entered with respect to an individual twenty-one years of age or older for an offense in any other court of competent jurisdiction within the United States which, if committed in this state, would be a class A felony, provided either such judgment of guilt was entered not more than ten years prior to the civil immigration detainer, or the individual was released after serving a sentence for a class A felony conviction not more than five years prior to the civil immigration detainer, whichever is later;
(3) "Department" means a department or division that employs a law enforcement officer;
(4) "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
(5) "Law enforcement officer" means:
(A) The Department of Correction and each officer, employee or other person otherwise paid by or acting as an agent of the Department of Correction;
(B) Each municipal police department and each officer, employee or other person otherwise paid by or acting as an agent of a municipal police department;
(C) The Division of State Police within the Department of Emergency Services and Public Protection and each officer, employee or other person otherwise paid by or acting as an agent of the division; and
(D) Each judicial marshal and state marshal and each officer, employee or other person otherwise paid by or acting as an agent of a judicial marshal or state marshal.
(b) A law enforcement officer shall not give effect to a civil immigration detainer by:
(1) Holding an individual beyond the time when such individual would otherwise be released from the department's custody, or
(2) Otherwise expending time or resources to facilitate the individual's transfer to United States Immigration and Customs Enforcement.
(c) Subsection (b) of this section shall not apply when:
(1) A search of state and federal databases, conducted at or about the time when such individual would otherwise be released from the department's custody, indicates that such individual has been convicted of a crime; or
(2) The individual consents, in writing, to early release and transfer to United States Immigration and Customs Enforcement pursuant to section 18-100g or 54-125a of the general statutes.
(d) In no event shall an individual be held pursuant to a civil immigration detainer for a period of more than twenty-four hours.
(e) Nothing in this section shall affect the obligation of a department to maintain the confidentiality of any information obtained pursuant to this section.
(f) Nothing in this section shall be construed to confer authority on any person to hold an individual on a civil immigration detainer beyond the authority, if any, that such person held prior to January 1, 2014.
(g) Nothing in this section shall be construed to (1) prohibit any state agency from cooperating with federal immigration authorities when required under federal law, or (2) create any power, duty or obligation in conflict with any federal law or any other provision of the general statutes.
(h) Any person aggrieved by a violation of this section may bring an action in the Superior Court, including an action (1) to secure a permanent injunction enjoining any act or practice that constitutes a violation of this section, (2) to require compliance with this section, or (3) for such other relief as may be appropriate.
(i) Not later than December 31, 2014, and annually thereafter, each department shall post a report on such department's Internet web site that includes the following information for the prior twelve-month period:
(1) The number of individuals held on civil immigration detainers pursuant to subdivision (1) of subsection (c) of this section beyond the time when such individual would otherwise be released from the department's custody, and a list of any felony convictions for such individuals, or any misdemeanor convictions for such individuals if there are no felony convictions for such individuals;
(2) The number of individuals held on civil immigration detainers pursuant to subdivision (2) of subsection (c) of this section beyond the time when such individual would otherwise be released from the department's custody, and a list of any felony convictions for such individuals, or any misdemeanor convictions for such individuals if there are no felony convictions for such individuals;
(3) The number of individuals transferred to the custody of federal immigration authorities on civil immigration detainers pursuant to subdivision (1) of subsection (c) of this section, and a list of any felony convictions for such individuals, or any misdemeanor convictions for such individuals if there are no felony convictions for such individuals;
(4) The number of individuals transferred to the custody of federal immigration authorities on civil immigration detainers pursuant to subdivision (2) of subsection (c) of this section, and a list of any felony convictions for such individuals, or any misdemeanor convictions for such individuals if there are no felony convictions for such individuals; and
(5) The amount of funding requested and received from the federal government with respect to the criminal alien program of United States Immigration and Customs Enforcement or any successor program.
This act shall take effect as follows and shall amend the following sections:
Section 1 January 1, 2014 New section
This act shall take effect as follows and shall amend the following sections:
Section 1
January 1, 2014
New section
JUD Joint Favorable Subst.
PS Joint Favorable
JUD
Joint Favorable Subst.
PS
Joint Favorable