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VIRGINIA STATUTES AND CODES
53.1-218 - Duty of officer in charge to inquire as to citizenship; notice to federal immigration officer of commitment of alien.
§ 53.1-218. Duty of officer in charge to inquire as to citizenship; notice tofederal immigration officer of commitment of alien.
Whenever any person is committed to a correctional facility the director,sheriff or other officer in charge of such facility shall inquire as towhether 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. Thedirector, sheriff or other officer in charge of such facility shall make animmigration alien query to the Law Enforcement Support Center of the UnitedStates Immigration and Customs Enforcement for any person who (i) was born ina country other than the United States, and (ii) is a citizen of a countryother than the United States, or for whom the answer to (i) or (ii) isunknown.
In the case of a jail, the sheriff or other officer in charge of suchfacility shall communicate the results of any immigration alien query to theLocal Inmate Data System of the State Compensation Board. The StateCompensation Board shall communicate, on a monthly basis, the results of anyimmigration alien query that results in a confirmation that the person isillegally present in the United States to the Central Criminal RecordsExchange of the Department of State Police in a format approved by theExchange.
In the case of a correctional facility of the Department of Corrections, thedirector or other officer in charge of such facility shall communicate theresults of any immigration alien query that results in a confirmation thatthe person is illegally present in the United States to the Central CriminalRecords Exchange of the Department of State Police in a format approved bythe Exchange.
The information received by the Central Criminal Records Exchange concerningthe person's immigration status shall be recorded in the person's criminalhistory record.
However, notification need not be made to the Central Criminal RecordsExchange if it is apparent that a report on alien status has previously beenmade to the Exchange pursuant to § 19.2-83.2 or 19.2-294.2.
(Code 1950, §§ 53-313, 53-314; 1970, c. 648; 1982, c. 636; 1985, c. 247;1994, c. 579; 2008, cc. 180, 415.)