{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-83.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-83.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-83.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-83.2.html"}],"law_id":54610,"edition_id":1,"section_id":54610,"structure_id":13638,"section_number":"19.2-83.2","catch_line":"Jail officer to ascertain citizenship of inmate","history":"2008, cc. 180, 415; 2020, cc. 995, 996.","full_text":"Whenever any person is taken into custody at any jail for a felony offense, the sheriff or other officer in charge of such facility shall inquire as to whether the person (i) was born in a country other than the United States and (ii) is a citizen of a country other than the United States. The sheriff or other officer in charge of such facility shall make an immigration alien query to the Law Enforcement Support Center of the U.S. Immigration and Customs Enforcement for any person taken into custody for a felony who (i) was born in a country other than the United States and (ii) is a citizen of a country other than the United States, or for whom the answer to clause (i) or (ii) is unknown. The sheriff or other officer in charge shall communicate the results of any immigration alien query to the Local Inmate Data System of the State Compensation Board. The State Compensation Board shall communicate, on a monthly basis, the results of any immigration alien query that results in a confirmation that the person is illegally present in the United States to the Central Criminal Records Exchange of the Department of State Police in a format approved by the Exchange. The information received by the Central Criminal Records Exchange concerning the person&#8217;s immigration status shall be recorded in the person&#8217;s criminal history record.","order_by":null,"text":{"0":{"id":200561,"text":"Whenever any person is taken into custody at any jail for a felony offense, the sheriff or other officer in charge of such facility shall inquire as to whether the person (i) was born in a country other than the United States and (ii) is a citizen of a country other than the United States. The sheriff or other officer in charge of such facility shall make an immigration alien query to the Law Enforcement Support Center of the U.S. Immigration and Customs Enforcement for any person taken into custody for a felony who (i) was born in a country other than the United States and (ii) is a citizen of a country other than the United States, or for whom the answer to clause (i) or (ii) is unknown. The sheriff or other officer in charge shall communicate the results of any immigration alien query to the Local Inmate Data System of the State Compensation Board. The State Compensation Board shall communicate, on a monthly basis, the results of any immigration alien query that results in a confirmation that the person is illegally present in the United States to the Central Criminal Records Exchange of the Department of State Police in a format approved by the Exchange. The information received by the Central Criminal Records Exchange concerning the person&#8217;s immigration status shall be recorded in the person&#8217;s criminal history record.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13638,"edition_id":1,"name":"Arrest","identifier":"7","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:45:27","date_modified":"2026-06-26 03:45:27","permalink":{"id":170919,"object_type":"structure","relational_id":13638,"identifier":"7","token":"19.2\/7","url":"\/19.2\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":57792,"structure_id":13638,"section_number":"19.2-71","catch_line":"Who may issue process of arrest","url":"\/19.2-71\/","token":"19.2\/7\/19.2-71","metadata":false},{"id":56060,"structure_id":13638,"section_number":"19.2-72","catch_line":"When it may issue; what to recite and require","url":"\/19.2-72\/","token":"19.2\/7\/19.2-72","metadata":false},{"id":62110,"structure_id":13638,"section_number":"19.2-73","catch_line":"Issuance of summons instead of warrant in certain cases","url":"\/19.2-73\/","token":"19.2\/7\/19.2-73","metadata":false},{"id":70049,"structure_id":13638,"section_number":"19.2-73.1","catch_line":"Notice of issuance of warrant or summons; appearance; failure to appear","url":"\/19.2-73.1\/","token":"19.2\/7\/19.2-73.1","metadata":false},{"id":83253,"structure_id":13638,"section_number":"19.2-73.2","catch_line":"Law-enforcement officers to issue subpoenas; penalty","url":"\/19.2-73.2\/","token":"19.2\/7\/19.2-73.2","metadata":false},{"id":57508,"structure_id":13638,"section_number":"19.2-74","catch_line":"Issuance and service of summons in place of warrant in misdemeanor case; issuance of summons by special conservators of the peace","url":"\/19.2-74\/","token":"19.2\/7\/19.2-74","metadata":false},{"id":68524,"structure_id":13638,"section_number":"19.2-74.1","catch_line":"Repealed","url":"\/19.2-74.1\/","token":"19.2\/7\/19.2-74.1","metadata":false},{"id":79219,"structure_id":13638,"section_number":"19.2-75","catch_line":"Copy of process to be left with accused; exception","url":"\/19.2-75\/","token":"19.2\/7\/19.2-75","metadata":false},{"id":80529,"structure_id":13638,"section_number":"19.2-76","catch_line":"Execution and return of warrant, capias or summons; arrest outside county or city where charge is to be tried","url":"\/19.2-76\/","token":"19.2\/7\/19.2-76","metadata":false},{"id":68951,"structure_id":13638,"section_number":"19.2-76.1","catch_line":"Submission of quarterly reports concerning unexecuted felony and misdemeanor warrants and other criminal process; destruction; dismissal","url":"\/19.2-76.1\/","token":"19.2\/7\/19.2-76.1","metadata":false},{"id":66460,"structure_id":13638,"section_number":"19.2-76.2","catch_line":"Mailing of summons in certain cases","url":"\/19.2-76.2\/","token":"19.2\/7\/19.2-76.2","metadata":false},{"id":83631,"structure_id":13638,"section_number":"19.2-76.3","catch_line":"Failure to appear on return date for summons issued under \u00a7 19.2-76.2","url":"\/19.2-76.3\/","token":"19.2\/7\/19.2-76.3","metadata":false},{"id":61047,"structure_id":13638,"section_number":"19.2-77","catch_line":"Escape, flight and pursuit; arrest anywhere in Commonwealth","url":"\/19.2-77\/","token":"19.2\/7\/19.2-77","metadata":false},{"id":85927,"structure_id":13638,"section_number":"19.2-78","catch_line":"Uniform of officer making arrest","url":"\/19.2-78\/","token":"19.2\/7\/19.2-78","metadata":false},{"id":79468,"structure_id":13638,"section_number":"19.2-79","catch_line":"Arrest by officers of other states of United States","url":"\/19.2-79\/","token":"19.2\/7\/19.2-79","metadata":false},{"id":66672,"structure_id":13638,"section_number":"19.2-80","catch_line":"Duty of arresting officer; bail","url":"\/19.2-80\/","token":"19.2\/7\/19.2-80","metadata":false},{"id":60845,"structure_id":13638,"section_number":"19.2-80.1","catch_line":"When arrested person operating motor vehicle; how vehicle removed from scene of arrest","url":"\/19.2-80.1\/","token":"19.2\/7\/19.2-80.1","metadata":false},{"id":81296,"structure_id":13638,"section_number":"19.2-80.2","catch_line":"Duty of arresting officer; providing magistrate or court with criminal history information","url":"\/19.2-80.2\/","token":"19.2\/7\/19.2-80.2","metadata":false},{"id":60675,"structure_id":13638,"section_number":"19.2-81","catch_line":"Arrest without warrant authorized in certain cases","url":"\/19.2-81\/","token":"19.2\/7\/19.2-81","metadata":false},{"id":62476,"structure_id":13638,"section_number":"19.2-81.1","catch_line":"Arrest without warrant by correctional officers in certain cases","url":"\/19.2-81.1\/","token":"19.2\/7\/19.2-81.1","metadata":false},{"id":62627,"structure_id":13638,"section_number":"19.2-81.2","catch_line":"Power of correctional officers and designated noncustodial employees to detain","url":"\/19.2-81.2\/","token":"19.2\/7\/19.2-81.2","metadata":false},{"id":86739,"structure_id":13638,"section_number":"19.2-81.3","catch_line":"Arrest without a warrant authorized in cases of assault and battery against a family or household member and stalking and for violations of protective orders; procedure, etc","url":"\/19.2-81.3\/","token":"19.2\/7\/19.2-81.3","metadata":false},{"id":55203,"structure_id":13638,"section_number":"19.2-81.4","catch_line":"Repealed","url":"\/19.2-81.4\/","token":"19.2\/7\/19.2-81.4","metadata":false},{"id":55495,"structure_id":13638,"section_number":"19.2-81.5","catch_line":"Cooperation with a law-enforcement officer","url":"\/19.2-81.5\/","token":"19.2\/7\/19.2-81.5","metadata":false},{"id":72697,"structure_id":13638,"section_number":"19.2-81.6","catch_line":"Authority of law-enforcement officers to arrest illegal aliens","url":"\/19.2-81.6\/","token":"19.2\/7\/19.2-81.6","metadata":false},{"id":61276,"structure_id":13638,"section_number":"19.2-82","catch_line":"Procedure upon arrest without warrant","url":"\/19.2-82\/","token":"19.2\/7\/19.2-82","metadata":false},{"id":56295,"structure_id":13638,"section_number":"19.2-82.1","catch_line":"Giving false identity to law-enforcement officer; penalty","url":"\/19.2-82.1\/","token":"19.2\/7\/19.2-82.1","metadata":false},{"id":84938,"structure_id":13638,"section_number":"19.2-83","catch_line":"Repealed","url":"\/19.2-83\/","token":"19.2\/7\/19.2-83","metadata":false},{"id":78541,"structure_id":13638,"section_number":"19.2-83.1","catch_line":"Report of arrest of school employees and adult students for certain offenses","url":"\/19.2-83.1\/","token":"19.2\/7\/19.2-83.1","metadata":false},{"id":54610,"structure_id":13638,"section_number":"19.2-83.2","catch_line":"Jail officer to ascertain citizenship of inmate","url":"\/19.2-83.2\/","token":"19.2\/7\/19.2-83.2","metadata":false}],"previous_section":{"id":78541,"structure_id":13638,"section_number":"19.2-83.1","catch_line":"Report of arrest of school employees and adult students for certain offenses","url":"\/19.2-83.1\/","token":"19.2\/7\/19.2-83.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-83.2\/","history_text":"<p>This law was first created in 2008. The record of its establishment is cataloged in chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?081+ful+CHAP0180\">180<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?081+ful+CHAP0415\">415<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2020, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?201+ful+CHAP0995\">995<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?201+ful+CHAP0996\">996<\/a>.<\/p>","references":[{"id":61864,"section_number":"53.1-218","catch_line":"Duty of officer in charge to inquire as to citizenship; notice to federal immigration officer of commitment of alien","order_by":null,"url":"\/53.1-218\/"}],"refers_to":false,"permalink":{"id":171037,"object_type":"law","relational_id":54610,"identifier":"19.2-83.2","token":"19.2\/7\/19.2-83.2","url":"\/19.2-83.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-83.2\/","token":"19.2\/7\/19.2-83.2","dublin_core":{"Title":"Jail officer to ascertain citizenship of inmate","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-83.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>Whenever any person is taken into <span class=\"dictionary\">custody<\/span> at any jail for a <span class=\"dictionary\">felony<\/span> <span class=\"dictionary\">offense<\/span>, the sheriff or other officer in charge of such facility shall inquire as to whether the person (i) was born in a country other than the United States and (ii) is a citizen of a country other than the United States. The sheriff or other officer in charge of such facility shall make an immigration alien query to the <span class=\"dictionary\">Law<\/span> Enforcement Support Center of the U.S. Immigration and Customs Enforcement for any person taken into <span class=\"dictionary\">custody<\/span> for a <span class=\"dictionary\">felony<\/span> who (i) was born in a country other than the United States and (ii) is a citizen of a country other than the United States, or for whom the answer to clause (i) or (ii) is unknown. The sheriff or other officer in charge shall communicate the results of any immigration alien query to the Local Inmate Data System of the State Compensation Board. The State Compensation Board shall communicate, on a monthly basis, the results of any immigration alien query that results in a confirmation that the person is illegally present in the United States to the Central Criminal Records Exchange of the Department of State Police in a format approved by the Exchange. The information received by the Central Criminal Records Exchange concerning the person&#8217;s immigration status shall be recorded in the person&#8217;s criminal history record.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nJAIL OFFICER TO ASCERTAIN CITIZENSHIP OF INMATE (\u00a7 19.2-83.2)\n\nWhenever any person is taken into custody at any jail for a felony offense, the\nsheriff or other officer in charge of such facility shall inquire as to whether\nthe person (i) was born in a country other than the United States and (ii) is a\ncitizen of a country other than the United States. The sheriff or other officer\nin charge of such facility shall make an immigration alien query to the Law\nEnforcement Support Center of the U.S. Immigration and Customs Enforcement for\nany person taken into custody for a felony who (i) was born in a country other\nthan the United States and (ii) is a citizen of a country other than the United\nStates, or for whom the answer to clause (i) or (ii) is unknown. The sheriff or\nother officer in charge shall communicate the results of any immigration alien\nquery to the Local Inmate Data System of the State Compensation Board. The State\nCompensation Board shall communicate, on a monthly basis, the results of any\nimmigration alien query that results in a confirmation that the person is\nillegally present in the United States to the Central Criminal Records Exchange\nof the Department of State Police in a format approved by the Exchange. The\ninformation received by the Central Criminal Records Exchange concerning the\nperson&#8217;s immigration status shall be recorded in the person&#8217;s\ncriminal history record.\n\nHISTORY: 2008, cc. 180, 415; 2020, cc. 995, 996.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}