17-22-9.5 - Citizenship determination of incarcerated persons. - Utah Statutes

17-22-9.5. Citizenship determination of incarcerated persons.
(1) The sheriff shall make a reasonable effort to determine the citizenship status of aperson charged with a felony or driving under the influence under Section 41-6a-502 when theperson is confined to the county jail for a period of time.
(2) If the confined person is a foreign national, the sheriff shall make a reasonable effortto verify that the person:
(a) has been lawfully admitted into the United States; and
(b) the person's lawful status has not expired.
(3) (a) If the sheriff cannot verify the confined person's lawful status from documents inthe person's possession, the sheriff shall attempt to verify that status within 48 hours of theperson's confinement at the jail through contacting:
(i) the Law Enforcement Support Center of the United States Department of HomelandSecurity; or
(ii) an office or agency designated for citizenship status verification by the United StatesDepartment of Homeland Security.
(b) The sheriff shall notify the United States Department of Homeland Security of aperson whose lawful citizenship status cannot be verified under Subsection (2) or (3)(a).
(4) It is a rebuttable presumption for the purpose of determining the grant or issuance ofa bond that a person who is verified under this section as a foreign national not lawfully admittedinto the United States is at risk of flight.

Enacted by Chapter 26, 2008 General Session