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HF 2874

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
Version List Authors and Status
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Current Version - as introduced

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A bill for an act
 relating to public safety; requiring verification of citizenship and legal status
of offenders committed to custody; requiring release of noncitizen inmates to
United States immigration and customs enforcement; amending Minnesota
Statutes 2006, section 631.50.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 631.50, is amended to read:


631.50 deleted text begin ALIENdeleted text end new text begin NONCITIZENnew text end INMATES OR MENTALLY ILL PERSONS;
REQUIRING NOTICE TO UNITED STATES IMMIGRATIONnew text begin AND CUSTOMS
ENFORCEMENTnew text end OFFICERS.

new text begin Subdivision 1. new text end

new text begin Notice upon conviction. new text end

When a person who is convicted of a
felony or is found to be a person who is mentally ill is committed to deleted text begin the Minnesota
Correctional Facility-Stillwater, the Minnesota Correctional Facility-St. Clouddeleted text end new text begin a public or
private prisonnew text end , the county jail, or any other state or county institution which is supported,
wholly or in part, by public funds, the chief executive officer, sheriff, or other officer in
charge of the state or county institution shall deleted text begin at once inquire into the nationality of the
persondeleted text end new text begin use the federal electronic immigration status verification system to determine the
citizenship and legal status of each offender committed to their custodynew text end . If it appears
that the person is deleted text begin an aliendeleted text end new text begin a noncitizennew text end , the officer shall immediately notify the United
States immigrationnew text begin and customs enforcementnew text end officer in charge of the district in which the
correctional facility, jail, or other institution is located, of (1) the date of and the reasons
for the deleted text begin aliendeleted text end new text begin noncitizen'snew text end commitment, (2) the length of time for which committed, (3) the
country of which the deleted text begin aliendeleted text end new text begin noncitizennew text end is a citizen, and (4) the date on which and the port at
which the deleted text begin aliendeleted text end new text begin noncitizennew text end last entered the United States.

new text begin Subd. 2. new text end

new text begin Release to Immigration and Customs Enforcement. new text end

new text begin The chief
executive officer, sheriff, or other officer in charge of a prison or jail in this state must
release all noncitizen inmates who do not have valid legal status directly to the United
States Immigration and Customs Enforcement officer in charge of the district in which
the correctional facility, jail, or other institution is located.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end