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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>61864</law_id><section_number>53.1-218</section_number><catch_line>Duty of officer in charge to inquire as to citizenship; notice to federal immigration officer of commitment of alien</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><structure><unit label="title" level="1" order_by="1" identifier="53.1">Prisons and Other Methods of Correction</unit><unit label="chapter" level="2" order_by="1" identifier="10">Commitment of Aliens</unit></structure><text>
						<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.
		In 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.
		In 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.
		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.
		However, 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 &#xA7;&#xA0;<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></text><history>Code 1950, &#xA7;&#xA7; 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.</history><metadata></metadata></law>
