17-72-505. Citizenship determination of prisoners -- Notification to and coordination with federal authorities when releasing certain individuals.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 11/6/2025

(1)The sheriff shall make a reasonable effort to determine the citizenship status of a prisoner charged with a felony or driving under the influence under Section 41-6a-502 .

(2)If a prisoner described in Subsection

(1)is a foreign national, the sheriff shall make a reasonable effort to verify that:

(a)the individual has been lawfully admitted into the United States; and

(b)the individual's lawful status has not expired.

(a)If the sheriff cannot verify the lawful status of a prisoner described in Subsection

(1)from documents in the prisoner's possession, the sheriff shall attempt to verify that status within 48 hours of the prisoner's confinement at the jail through contacting:

(i)the Law Enforcement Support Center of the United States Department of Homeland Security; or

(ii)an office or agency designated for citizenship status verification by the United States Department of Homeland Security.

(b)The sheriff shall notify the United States Department of Homeland Security of a prisoner whose lawful citizenship status cannot be verified under Subsection

(2)or (3)(a) .

(4)In accordance with Title 77, Chapter 20 , Bail, it is a rebuttable presumption for the purpose of determining whether to grant pretrial release that an individual who is verified under this section as a foreign national not lawfully admitted into the United States is at risk of flight.

(a)As soon as practicable before the day of release, the sheriff shall notify the United States Department of Homeland Security, or other relevant federal agency in charge of handling immigration violations or deportations, when the sheriff is preparing to release an individual from the county jail who:

(i)is being released after serving the individual's jail sentence for:

(A)a class A misdemeanor described under Subsection 76-3-204(1)(b) (i); or

(B)a felony; and

(ii)is unlawfully present in the United States.

(b)The sheriff shall coordinate with federal authorities to transfer the custody of a released individual into federal custody as may be required under Subsection (5)(a) .

(c)The requirements described in Subsection

(a)do not prohibit a sheriff from notifying or working with the United States Department of Homeland Security, or other relevant federal agency in charge of handling immigration violations or deportations, at any time with regard to an individual who is at the county jail or otherwise in the sheriff's custody.

Renumbered and Amended by Chapter 13 , 2025 Special Session 1