Sec. 3. Alternatives to detention
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The Secretary shall establish nationwide alternatives to detention programs that incorporate case management services in each field office of the Department to ensure appearances at immigration proceedings and public safety. The Secretary may contract with nongovernmental community-based organizations to conduct screening of detainees and operate community-based supervision programs. The Secretary shall regularly assess the demand for alternative to detention programs and make available sufficient alternative to detention slots regardless of proximity to available detention beds.
Alternative programs shall offer a continuum of supervision mechanisms and options, including community support, depending on an assessment of each individual’s circumstances. The Secretary may contract with nongovernmental organizations to implement secure alternatives that maintain custody over the alien. Information regarding the amount of slots available in each area shall be made public. In determining whether to use alternatives to detention programs, the Secretary shall make an individualized determination, and for each individual placed in an alternatives to detention program, shall review the level of supervision on a monthly basis.
Alternatives to detention programs shall not be used when release on bond or recognizance is determined to be a sufficient measure to ensure appearances at immigration proceedings and public safety. The Secretary may use alternatives to detention programs to maintain custody over any alien detained under the Immigration and Nationality Act, except for aliens detained under section 236A of such Act ( 8 U.S.C. 1226a ). If an individual is not eligible for release from custody or detention, the Secretary shall consider the alien for placement in alternative programs that maintain custody over the alien, including the use of electronic ankle devices.
In determining whether to place a detainee in an alternatives to detention program, the Secretary shall consider whether the detainee is a member of a vulnerable population (as identified in section 2(b)(10)). Notwithstanding section 236 of the Immigration and Nationality Act, a member of a vulnerable population whose needs cannot be adequately met by a detention facility may not be held in a detention facility except in the case of what the Secretary determines to be exceptional circumstances.
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Sec. 3
Alternatives to detention
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