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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-52-10 SO AS TO REQUIRE THE APPROPRIATE OFFICIAL TO ASCERTAIN AND REPORT THE UNLAWFUL IMMIGRATION STATUS OF ANY PERSON CONFINED IN A JAIL BY REASON OF A FELONY OR DUI CHARGE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 23 of the 1976 Code is amended by adding:
Section 23-52-10. (A) If a person charged with felony or with driving under the influence is confined, for any period, in the jail of a county or municipality or a jail operated by a regional jail authority, a reasonable effort must be made to determine the citizenship status of the confined person.
(B) If the prisoner is a foreign national, the keeper of the jail or other officer shall make a reasonable effort to verify that the prisoner has been lawfully admitted to the United States, and if lawfully admitted, that the lawful status has not expired. If verification of lawful status cannot be made from documents in the possession of the prisoner, verification shall be made within forty-eight hours through a query to the Law Enforcement Support Center of the United States Department of Homeland Security or other office or agency designated for that purpose by the United States Department of Homeland Security. If the lawful immigration status of the prisoner cannot be verified, the keeper of the jail or other officer shall notify the United States Department of Homeland Security.
(C) For the purpose of determining the grant of or issuance of bond, it is a rebuttable presumption that a person whose citizenship status has been verified pursuant to subsection (B) to be a foreign national who has not been lawfully admitted to the United States is at risk of flight."
SECTION 2. This act takes effect upon approval by the Governor.
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