{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/53.1-218.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/53.1-218.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/53.1-218.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/53.1-218.html"}],"law_id":61864,"edition_id":1,"section_id":61864,"structure_id":15554,"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","history":"Code 1950, \u00a7\u00a7 53-313, 53-314; 1970, c. 648; 1982, c. 636; 1985, c. 247; 1994, c. 579; 2008, cc. 180, 415; 2014, c. 641; 2020, cc. 995, 996.","full_text":"Whenever any person is committed to a correctional facility for the commission of a felony, the director, 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 director, 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 committed to the facility for the commission of 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.\n\t\tIn the case of a jail, the sheriff, or other officer in charge of such facility shall communicate the results of any immigration alien query that confirm that the person is illegally present in the United States 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.\n\t\tIn the case of a correctional facility of the Department of Corrections, the director or other officer in charge of such facility shall communicate 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.\n\t\tThe 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.\n\t\tHowever, notification shall not be made to the Central Criminal Records Exchange if it is apparent that a report on alien status has previously been made to the Exchange pursuant to \u00a7 19.2-83.2 or 19.2-294.2.","order_by":null,"text":{"0":{"id":225907,"text":"Whenever any person is committed to a correctional facility for the commission of a felony, the director, 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 director, 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 committed to the facility for the commission of 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.\n\t\tIn the case of a jail, the sheriff, or other officer in charge of such facility shall communicate the results of any immigration alien query that confirm that the person is illegally present in the United States 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.\n\t\tIn the case of a correctional facility of the Department of Corrections, the director or other officer in charge of such facility shall communicate 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.\n\t\tThe 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.\n\t\tHowever, notification shall not be made to the Central Criminal Records Exchange if it is apparent that a report on alien status has previously been made to the Exchange pursuant to \u00a7 19.2-83.2 or 19.2-294.2.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":15554,"edition_id":1,"name":"Commitment of Aliens","identifier":"10","label":"chapter","depth":2,"order_by":1,"parent_id":12717,"metadata":{},"date_created":"2026-06-26 03:56:17","date_modified":"2026-06-26 03:56:17","permalink":{"id":237735,"object_type":"structure","relational_id":15554,"identifier":"10","token":"53.1\/10","url":"\/53.1\/10\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12717,"edition_id":1,"name":"Prisons and Other Methods of Correction","identifier":"53.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":237591,"object_type":"structure","relational_id":12717,"identifier":"53.1","token":"53.1","url":"\/53.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":61864,"structure_id":15554,"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","url":"\/53.1-218\/","token":"53.1\/10\/53.1-218","metadata":false},{"id":85828,"structure_id":15554,"section_number":"53.1-219","catch_line":"Duty of clerk to furnish copy of complaint, indictment, judgment and sentence","url":"\/53.1-219\/","token":"53.1\/10\/53.1-219","metadata":false},{"id":59398,"structure_id":15554,"section_number":"53.1-220","catch_line":"Transfer of prisoners pursuant to treaty","url":"\/53.1-220\/","token":"53.1\/10\/53.1-220","metadata":false},{"id":59332,"structure_id":15554,"section_number":"53.1-220.1","catch_line":"Transfer of prisoners convicted of designated illegal acts","url":"\/53.1-220.1\/","token":"53.1\/10\/53.1-220.1","metadata":false},{"id":63069,"structure_id":15554,"section_number":"53.1-220.2","catch_line":"Transfer of certain incarcerated persons to Immigration and Customs Enforcement","url":"\/53.1-220.2\/","token":"53.1\/10\/53.1-220.2","metadata":false}],"next_section":{"id":85828,"structure_id":15554,"section_number":"53.1-219","catch_line":"Duty of clerk to furnish copy of complaint, indictment, judgment and sentence","url":"\/53.1-219\/","token":"53.1\/10\/53.1-219","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/53.1-218\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 7 times. 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. Those modifications are as follows: in 1970, chapter 648; in 1982, chapter 636; in 1985, chapter 247; in 1994, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?941+ful+CHAP0579\">579<\/a>; in 2008, 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>; in 2014, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?141+ful+CHAP0641\">641<\/a>; 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":false,"refers_to":[{"id":86392,"section_number":"19.2-294.2","catch_line":"Procedure when aliens convicted of certain felonies; duties of probation and parole officer","order_by":null,"url":"\/19.2-294.2\/"},{"id":54610,"section_number":"19.2-83.2","catch_line":"Jail officer to ascertain citizenship of inmate","order_by":null,"url":"\/19.2-83.2\/"}],"permalink":{"id":237737,"object_type":"law","relational_id":61864,"identifier":"53.1-218","token":"53.1\/10\/53.1-218","url":"\/53.1-218\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/53.1-218\/","token":"53.1\/10\/53.1-218","dublin_core":{"Title":"Duty of officer in charge to inquire as to citizenship; notice to federal immigration officer of commitment of alien","Type":"Text","Format":"text\/html","Identifier":"\u00a7 53.1-218","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>Whenever any person is committed to a correctional facility for the commission of a <span class=\"dictionary\">felony<\/span>, the <span class=\"dictionary\">director<\/span>, 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 <span class=\"dictionary\">director<\/span>, 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 committed to the facility for the commission of 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.\n\t\tIn the case of a jail, the sheriff, or other officer in charge of such facility shall communicate the results of any immigration alien query that confirm that the person is illegally present in the United States to the Local Inmate Data System of the State Compensation <span class=\"dictionary\">Board<\/span>. The State Compensation <span class=\"dictionary\">Board<\/span> 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 <span class=\"dictionary\">Department<\/span> of State Police in a format approved by the Exchange.\n\t\tIn the case of a correctional facility of the <span class=\"dictionary\">Department<\/span> of Corrections, the <span class=\"dictionary\">director<\/span> or other officer in charge of such facility shall communicate 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 <span class=\"dictionary\">Department<\/span> of State Police in a format approved by the Exchange.\n\t\tThe 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.\n\t\tHowever, notification shall not be made to the Central Criminal Records Exchange if it is apparent that a report on alien status has previously been made to the Exchange pursuant to \u00a7&nbsp;<a class=\"law\" title=\"Jail officer to ascertain citizenship of inmate\" href=\"\/19.2-83.2\/\">19.2-83.2<\/a> or <a class=\"law\" title=\"Procedure when aliens convicted of certain felonies; duties of probation and parole officer\" href=\"\/19.2-294.2\/\">19.2-294.2<\/a>.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nDUTY OF OFFICER IN CHARGE TO INQUIRE AS TO CITIZENSHIP; NOTICE TO FEDERAL\nIMMIGRATION OFFICER OF COMMITMENT OF ALIEN (\u00a7 53.1-218)\n\nWhenever any person is committed to a correctional facility for the commission\nof a felony, the director, sheriff or other officer in charge of such facility\nshall inquire as to whether the person (i) was born in a country other than the\nUnited States and (ii) is a citizen of a country other than the United States.\nThe director, sheriff or other officer in charge of such facility shall make an\nimmigration alien query to the Law Enforcement Support Center of the U.S.\nImmigration and Customs Enforcement for any person committed to the facility for\nthe commission of a felony who (i) was born in a country other than the United\nStates and (ii) is a citizen of a country other than the United States, or for\nwhom the answer to clause (i) or (ii) is unknown.\n\t\tIn the case of a jail, the sheriff, or other officer in charge of such\nfacility shall communicate the results of any immigration alien query that\nconfirm that the person is illegally present in the United States to the Local\nInmate Data System of the State Compensation Board. The State Compensation Board\nshall communicate, on a monthly basis, the results of any immigration alien\nquery that results in a confirmation that the person is illegally present in the\nUnited States to the Central Criminal Records Exchange of the Department of\nState Police in a format approved by the Exchange.\n\t\tIn the case of a correctional facility of the Department of Corrections, the\ndirector or other officer in charge of such facility shall communicate the\nresults of any immigration alien query that results in a confirmation that the\nperson is illegally present in the United States to the Central Criminal Records\nExchange of the Department of State Police in a format approved by the Exchange.\n\t\tThe information received by the Central Criminal Records Exchange concerning\nthe person&#8217;s immigration status shall be recorded in the person&#8217;s\ncriminal history record.\n\t\tHowever, notification shall not be made to the Central Criminal Records\nExchange if it is apparent that a report on alien status has previously been\nmade to the Exchange pursuant to \u00a7 19.2-83.2 or 19.2-294.2.\n\nHISTORY: Code 1950, \u00a7\u00a7 53-313, 53-314; 1970, c. 648; 1982, c. 636; 1985, c.\n247; 1994, c. 579; 2008, cc. 180, 415; 2014, c. 641; 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}}