SB 1848                                          First Engrossed
       
       
       
       
       
       
       
       
       20091848e1
       
    1                        A bill to be entitled                      
    2         An act relating to verification of a prisoner’s
    3         immigration status; creating s. 907.06, F.S.;
    4         requiring the staff of a jail or other detention
    5         center or facility to make a reasonable effort to
    6         determine the citizenship status of a person charged
    7         with specified crimes; requiring that facility staff
    8         make a reasonable effort to verify whether the
    9         prisoner is lawfully present in the United States;
   10         requiring facility staff to verify the person’s
   11         immigration status and notify the United States
   12         Department of Homeland Security if the person is not
   13         lawfully in the United States; creating, for purposes
   14         of a release bond, a rebuttable presumption that a
   15         prisoner is at risk of flight if the Department of
   16         Homeland Security verifies that the prisoner is a
   17         foreign national and is not lawfully present in the
   18         United States; requiring agencies affected by this act
   19         to adopt written procedures to conform to the act;
   20         requiring that the act be construed consistent with
   21         applicable federal law; providing an effective date.
   22  
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. Section 907.06, Florida Statutes, is created to
   26  read:
   27         907.06 Verification of immigration status of certain
   28  prisoners.—
   29         (1) If a person is charged with a felony, driving under the
   30  influence pursuant to s. 316.193, or boating under the influence
   31  pursuant to s. 327.35, and is confined for any period in a jail
   32  or other detention center or facility, the facility staff shall
   33  make a reasonable effort to determine the citizenship status of
   34  that person.
   35         (2) If the prisoner is a foreign national, the staff of the
   36  facility confining the prisoner shall make a reasonable effort
   37  to verify whether the prisoner is lawfully present in the United
   38  States under federal immigration law and, if lawfully admitted,
   39  whether the lawful status has expired. If a determination of
   40  citizenship cannot be made from documents in the possession of
   41  the prisoner, verification of immigration status shall be
   42  requested from the United States Department of Homeland Security
   43  within 48 hours after the person is confined in the jail or
   44  other detention center or facility.
   45         (3) If the Department of Homeland Security verifies that
   46  the person is not lawfully present in the United States, the
   47  facility shall notify the Department of Homeland Security of the
   48  detention status of the prisoner and confirm whether a federal
   49  immigration detainer has been or will be requested for the
   50  alien. This report is a public record.
   51         (4) For the purpose of determining the conditions for
   52  issuance of a bond, a rebuttable presumption is created that a
   53  prisoner is at risk of flight if the Department of Homeland
   54  Security verifies that the prisoner is a foreign national and is
   55  not lawfully present in the United States.
   56         (5) Any state or local agency complying with this section
   57  shall adopt written procedures governing how the inquiries and
   58  actions required by this section shall be performed. Any such
   59  procedures shall be in compliance with federal immigration law,
   60  policies, or procedures as applied to the agency actions.
   61         Section 2. This act shall be construed consistent with
   62  applicable federal law.
   63         Section 3. This act shall take effect July 1, 2009.