2017 -- H 5515

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO CRIMINAL PROCEDURE - IMMIGRATION DETAINEES

     Introduced By: Representatives Maldonado, Diaz, Regunberg, Knight, and Barros

     Date Introduced: February 15, 2017

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Declarations:

     (1) From the times of Rhode Island's first undocumented immigrant and refugee, Roger

Williams, to the present, Rhode Island has a long and strong tradition of embracing and valuing

diversity and respecting the civil and human rights of all residents regardless of their race,

ethnicity, national origin, immigration status, gender or sexual orientation; and

     (2) In the absence of federal comprehensive immigration reform and a pathway to

citizenship, Rhode Island must help to foster an environment that promotes meaningful cultural,

economic, community, and civic participation by immigrants who might otherwise be at risk of

removal and separation from their families and ensure that immigrant families have access to

quality services such as healthcare and education; and

     (3) There still exist gross human rights violations and severe economic conditions in

many of the home countries of immigrants in Rhode Island, which have forced millions to leave

their countries to protect and provide for their families; and

     (4) Enforcement of immigration laws by police officers in Rhode Island will discourage

immigrant residents from reporting crimes and suspicious activity and cooperating with criminal

investigations; and

     (5) Rhode Island is opposed to racial profiling, and granting local police officers the

authority to enforce immigration laws may lead to racial profiling; and

     (6) As a matter of public safety, the protection of an individual's citizenship and

immigrant status will engender trust and cooperation between law enforcement officials and

immigrant communities to aid in crime prevention and solving, and will discourage the threat of

immigrant and racial profiling and harassment; and

     (7) Most immigrants in Rhode Island are law abiding residents and are themselves often

the victims of crime; and

     (8) Rhode Island believes that there is no inherent conflict between national security and

the preservation of liberty and that government can protect public safety without impairing civil

rights and liberties; and

     (9) Police chiefs from Rhode Island and across the country oppose attempts to turn local

police departments into federal immigration agents because it breaks down trust in the immigrant

community and decreases witness cooperation and the reporting of crime.

     SECTION 2. Title 12 of the General Laws entitled "CRIMINAL PROCEDURE" is

hereby amended by adding thereto the following chapter:

CHAPTER 33

FEDERAL IMMIGRATION DETAINEES

     12-33-1. Definitions.

     As used in this chapter:

     (1) "Civil immigration detainer" means a request, including one using federal form 1-247,

issued by a federal immigration officer authorized under Section 287.7 of Title 8 of the Code of

Federal Regulations or by any other authorized federal immigration officer to a local law

enforcement official to, among other things, maintain custody of a person once that person is

released from local custody.

     (2) ''Released from local custody'' means that a person may be released from the custody

of a Rhode Island law enforcement agency because any of the following conditions has occurred:

     (i) All criminal charges against the person have been dropped or dismissed;

     (ii) The person has been acquitted of all criminal charges filed against them;

     (iii) The person has served the time required for their sentence;

     (iv) The person has posted a bail or bond, or has been released on their own

recognizance;

     (v) The person has been referred to pre-trial diversion services;

     (vi) The person has been sentenced to an alternative to incarceration, including a

rehabilitation facility;

     (vii) The person is otherwise eligible for release under state or local law.

     (3) "Administrative warrant" means a warrant, notice to appear, removal order, or warrant

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of deportation, issued by an agent of a federal agency charged with the enforcement of

immigration laws or the security of the borders, including Immigration and Customs Enforcement

and Customs and Border Protection. An administrative warrant is not one issued by a judicial

officer.

     (4) "Citizenship or immigration status" means all matters regarding questions of

citizenship of the United States or any other country, the authority to reside in or otherwise be

present in the United States, the time or manner of a person's entry into the United States, or

another civil immigration matter enforced by the Department of Homeland Security or other

federal agency charged with the enforcement of civil immigration laws.

      (5) "ICE'' means the United States Immigration and Customs Enforcement Agency, and

includes the former Immigration and Naturalization Service, Customs and Border Protection, and

any successor agency charged with the enforcement of civil immigration laws.

     (6) "Inmate" means anyone in the custody of a Rhode Island law enforcement agency as

defined in this section, and does not include individuals in the custody of Immigration and

Customs Enforcement.

     (7) "Rhode Island law enforcement agency" means police departments of political

subdivisions of the state, division of sheriffs', Rhode Island state police, the Rhode Island

department of corrections, and the Rhode Island probation departments, college and university

campus police, and any other entity in Rhode Island (other than federal agencies) that are charged

with the enforcement of laws, the operation of jails or prisons, or the custody of detained persons.

     12-33-2. Standards for Responding to Immigration Detainers.

     (a) No officer or employee of a Rhode Island law enforcement agency may arrest or

detain a person solely on the basis of a civil immigration detainer or an administrative warrant.

     (b) No officer or employee of a Rhode Island law enforcement agency may continue to

detain a person solely on the basis of a civil immigration detainer or an administrative warrant

once that individual has been released from local custody.

     (c) No inmate subject to a civil immigration detainer or administrative warrant shall be

denied bail solely on the basis of that detainer or administrative warrant.

     (d) Rhode Island law enforcement agencies shall not allow ICE agents to use their

facilities for investigative interviews or other purposes, and shall not allow ICE agents access to

inmates either in person or via telephone or videoconference.

     (e) If any inmate is subject to a civil immigration detainer or an administrative warrant,

the Rhode Island law enforcement agency having custody of the inmate shall provide them with a

copy of the civil immigration detainer or administrative warrant, and any other documentation

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pertaining to their case that is presented to the Rhode Island law enforcement agency by federal

immigration authorities.

     (f) No Rhode Island law enforcement agency shall provide or allow ICE access to

booking lists or information regarding inmates' incarceration status or release dates. Law

enforcement agencies shall not notify ICE about an inmate's release.

     (g) Nothing in this section shall limit the exchange of information regarding citizenship

or immigration status as permitted by federal law.

     12-33-3. Transfers of custody.

     (a) Law enforcement officials shall not transport inmates who are subject to a civil

immigration detainer or administrative warrant into ICE custody. Inmates subject to a civil

immigration detainer or administrative warrant may be transported to court hearings, community

or rehabilitative programs or to other Rhode Island facilities.

     (b) Nothing in this section shall be construed as limiting or changing the duties of law

enforcement agencies regarding the transportation of individuals who have been placed formally

in federal immigration custody.

     (c) Nothing in this section shall be construed as limiting or changing the duties of sheriffs

pursuant to §42-7.3-3.2.

     12-33-4. Data Collection.

     (a) All law enforcement agencies shall retain copies of civil immigration requests and

administrative warrants received along with accompanying information, and record the following

for any inmates subject to either: race, gender, place of birth, date and time of arrest, arrest

charges, date and time of receipt of civil immigration detainer or administrative warrant; date and

time that the person was taken into custody by federal immigration agents; immigration or

criminal history known or marked on the civil immigration detainer form; whether the civil

immigration detainer was accompanied by additional documentation regarding immigration status

or proceedings, and; whether a copy of the forms were provided to the inmate.

     (b) All law enforcement agencies that receive detainer requests shall report all

information collected pursuant to this section quarterly to the attorney general's office. Such

information, with the exception of criminal offender record information, as defined in §38-2-

2(4)(D), shall be a public record.

     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL PROCEDURE - IMMIGRATION DETAINEES

***

     This act would create standards for responding to immigration detainers and for law

enforcement officials' transport of inmates who are the subject of immigration detainers or

administrative warrants. It would also require the maintenance and reporting of data concerning

immigration detainers, administrative warrants and inmates.

     This act would take effect upon passage.

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