§ 162-62. Legal status of prisoners. - North Carolina Statutes

§ 162‑62.  Legal statusof prisoners.

(a)        When any personcharged with a felony or an impaired driving offense is confined for any periodin a county jail, local confinement facility, district confinement facility, orsatellite jail/work release unit, the administrator or other person in chargeof the facility shall attempt to determine if the prisoner is a legal residentof the United States by an inquiry of the prisoner, or by examination of anyrelevant documents, or both.

(b)        If theadministrator or other person in charge of the facility is unable to determineif that prisoner is a legal resident or citizen of the United States or itsterritories, the administrator or other person in charge of the facilityholding the prisoner, where possible, shall make a query through the Divisionof Criminal Information (DCI) system to the Law Enforcement Support Center(LESC) of Immigration and Customs Enforcement of the United States Departmentof Homeland Security. If the LESC determines that the prisoner has not beenlawfully admitted to the United States, the United States Department ofHomeland Security will have been notified of the prisoner's status andconfinement at the facility by its receipt of the DCI query from the facility.

(c)        Nothing in thissection shall be construed to deny bond to a prisoner or to prevent a prisonerfrom being released from confinement when that prisoner is otherwise eligiblefor release.

(d)        The administratoror other person in charge of the facility shall annually report the number ofqueries performed under subsection (b) of this section and the results of thosequeries to the Governor's Crime Commission of the Department of Crime Controland Public Safety. The Governor's Crime Commission shall make the reportsavailable to the public. (2007‑494, s. 1.)