53-13-106.13. Notification requirement for federal officers before the release of an alien within the state.

258 words·~1 min read·/ut/title-53/chapter-13/53-13-106-13

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

Effective 5/1/2024

(1)As used in this section:

(i)"Alien" means an individual who is illegally present in the United States.

(ii)"Alien" does not include a permit holder as that term is defined in Section 63G-12-102 .

(b)"Custody" means in the physical and legal custody of a federal law enforcement agency.

(c)"Federal law enforcement agency" means an entity or division of the federal government that exists primarily to:

(i)prevent and detect crime and enforce criminal laws, statutes, and ordinances; or

(ii)enforce federal immigration laws.

(d)"Federal officer" means an individual:

(i)who works for a federal law enforcement agency; and

(ii)whose duties consist of the investigation and enforcement of federal laws.

(2)A federal officer may not release an alien from custody within the state unless the federal officer provides written notice three business days before the release to:

(a)the attorney general or the attorney general's designee; and

(b)the county sheriff or the county sheriff's designee of the county in which the release is to take place.

(3)In providing the written notice under Subsection (2)(b), the federal officer shall also provide:

(a)the specific address or location where the alien will be released;

(b)the date and time at which the alien will be released; and

(c)whether the federal officer is aware of any outstanding criminal warrants concerning the alien who will be released.

Enacted by Chapter 130 , 2024 General Session