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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>54610</law_id><section_number>19.2-83.2</section_number><catch_line>Jail officer to ascertain citizenship of inmate</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>53.1-218</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="19.2">Criminal Procedure</unit><unit label="chapter" level="2" order_by="1" identifier="7">Arrest</unit></structure><text>
						<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&#x2019;s immigration status shall be recorded in the person&#x2019;s criminal history record.</p></section></text><history>2008, cc. 180, 415; 2020, cc. 995, 996.</history><metadata></metadata></law>
