                                 CODE OF VIRGINIA

PROCEDURE WHEN ALIENS CONVICTED OF CERTAIN FELONIES; DUTIES OF PROBATION AND
PAROLE OFFICER (§ 19.2-294.2)

A. Whenever a person is (i) convicted in a circuit court of any felony and (ii)
referred to a probation or parole officer for a report pursuant to &#xA7;
19.2-299, or for probation supervision, the probation or parole officer shall
inquire as to the citizenship of such person. If upon inquiry it is determined
that the person may be an alien based upon his failure to produce evidence of
United States citizenship, the probation or parole officer shall report this
determination to the Central Criminal Records Exchange of the Department of
State Police in a format approved by the Exchange.

B. The inquiry required by this section need not be made if it is apparent that
a report on alien status has previously been made to the Central Criminal
Records Exchange pursuant to this section.

C. It shall be the responsibility of the Central Criminal Records Exchange of
the Department of State Police to review arrest reports submitted by
law-enforcement agencies and reports of suspected alien-status inquiries made by
probation or parole officers, and to report within sixty days of final
disposition to the Law Enforcement Support Center of the United States
Immigration and Customs Enforcement the identity of all convicted offenders
suspected of being an alien.

HISTORY: 1985, c. 247; 1994, c. 579; 2008, cc. 180, 415; 2017, c. 84.