                                 CODE OF VIRGINIA

DUTY OF OFFICER IN CHARGE TO INQUIRE AS TO CITIZENSHIP; NOTICE TO FEDERAL
IMMIGRATION OFFICER OF COMMITMENT OF ALIEN (§ 53.1-218)

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.
		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 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.
		In 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.
		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.
		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 § 19.2-83.2 or 19.2-294.2.

HISTORY: Code 1950, §§ 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.