                                 CODE OF VIRGINIA

JAIL OFFICER TO ASCERTAIN CITIZENSHIP OF INMATE (§ 19.2-83.2)

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.

HISTORY: 2008, cc. 180, 415; 2020, cc. 995, 996.