Sec. 1508. Criminal detention of aliens to protect public safety
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/bill/115/s/2192/pcs/section-1508A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 3142(e) of title 18, United States Code, is amended to read as follows: If, after a hearing pursuant to the provisions of subsection (f), the judicial officer finds that no condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of any other person and the community, such judicial officer shall order the detention of the person before trial. In a case described in subsection (f)(1) of this section, a rebuttable presumption arises that no condition or combination of conditions will reasonably assure the safety of any other person and the community if such judicial officer finds that— the person has been convicted of a Federal offense that is described in subsection (f)(1), or of a State or local offense that would have been an offense described in subsection (f)(1) if a circumstance giving rise to Federal jurisdiction had existed; the offense described in subparagraph
(A)was committed while the person was on release pending trial for a Federal, State, or local offense; and not more than 5 years has elapsed since the later of the date of conviction or the date of the release of the person from imprisonment, for the offense described in subparagraph (A). Subject to rebuttal by the person, it shall be presumed that no condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of the community if the judicial officer finds that there is probable cause to believe that the person committed— an offense for which a maximum term of imprisonment of 10 years or more is prescribed in the Controlled Substances Act ( 21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act ( 21 U.S.C. 951 et seq.), or chapter 705 of title 46; an offense under section 924(c), 956(a), or 2332b; an offense listed in section 2332b(g)(5)(B) for which a maximum term of imprisonment of 10 years or more is prescribed; or an offense involving a minor victim under section 1201, 1591, 2241, 2242, 2244(a)(1), 2245, 2251, 2251A, 2252(a)(1), 2252(a)(2), 2252(a)(3), 2252A(a)(1), 2252A(a)(2), 2252A(a)(3), 2252A(a)(4), 2260, 2421, 2422, 2423, or 2425. Subject to rebuttal by the person, it shall be presumed that no condition or combination of conditions will reasonably assure the appearance of the person as required if the judicial officer finds that there is probable cause to believe that the person is an alien and that the person— has no lawful immigration status in the United States; is the subject of a final order of removal; or has committed a felony offense under section 842(i)(5), 911, 922(g)(5), 1015, 1028, 1028A, 1425, or 1426, or chapter 75 or 77, or section 243, 274, 275, 276, 277, or 278 of the Immigration and Nationality Act ( 8 U.S.C. 1253 , 1324, 1325, 1326, 1327, and 1328). . Section 3142(g)(3) of title 18, United States Code, is amended— in subparagraph (A), by striking and at the end; and by adding at the end the following: whether the person is in a lawful immigration status, has previously entered the United States illegally, has previously been removed from the United States, or has otherwise violated the conditions of his or her lawful immigration status; and .
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