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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1486 |
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TWENTY-SEVENTH LEGISLATURE, 2014 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to IMMIGRATION DETAINERS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 706, Hawaii Revised Statutes, is amended by adding a new section to part IV to be appropriately designated and to read as follows:
"§706- Standards for imposing detentions pursuant to federal immigration holds. (1) A law enforcement official shall have discretion to cooperate with federal immigration officials by detaining an individual on the basis of an immigration hold after the individual becomes eligible for release from custody only if the continued detention of the individual on the basis of the immigration hold would not violate any federal, state, or local law and only under any of the following circumstances:
(a) The individual has been convicted of any felony;
(b) The individual has been convicted within the past five years of any misdemeanor specified in section 706-606.5(4); or
(c) The individual is currently registered as a covered offender under chapter 846E.
(2) Unless the conditions specified in subsection (1) are satisfied, an individual shall not be detained on the basis of an immigration hold after the individual becomes eligible for release from custody.
(3) For the purposes of this section:
"Agency" means any unit of the State or any of its political subdivisions.
"Eligible for release from custody" means that the individual may be released from custody because any of the following conditions has occurred:
(a) The individual has been acquitted of the offense for which the individual has been held in custody;
(b) The individual has completed the term of imprisonment imposed as part of the individual's sentence; or
(c) The individual is otherwise eligible for release by law.
"Immigration hold" means an immigration detainer issued by an authorized immigration officer pursuant to section 287.7 of Title 8 of the Code of Federal Regulations requesting a law enforcement official to maintain custody of an individual and to notify the authorized immigration officer prior to the release of the individual.
"Law enforcement official" means any agency or officer of an agency authorized to enforce criminal laws, operate correctional facilities, or maintain custody of individuals in correctional facilities, and any person or agency authorized to operate juvenile detention facilities or to maintain custody of individuals in juvenile detention facilities."
SECTION 2. Chapter 803, Hawaii Revised Statutes, is amended by adding a new section to Part I to be appropriately designated and to read as follows:
"§803- Standards for imposing detentions pursuant to federal immigration holds. (a) A law enforcement official shall have discretion to cooperate with federal immigration officials by detaining an individual on the basis of an immigration hold after the individual becomes eligible for release from custody only if the continued detention of the individual on the basis of the immigration hold would not violate any federal, state, or local law and only under any of the following circumstances:
(1) The individual has been convicted of any felony;
(2) The individual has been convicted within the past five years of any misdemeanor specified in section 706-606.5(4);
(3) The individual is currently registered as a covered offender under chapter 846E; or
(4) The individual is arrested and taken before a court on a charge involving any of the offenses identified in paragraphs (1) and (2) and the court makes a finding of probable cause as to the charge.
(b) Unless the conditions specified in subsection (a) are satisfied, an individual shall not be detained on the basis of an immigration hold after the individual becomes eligible for release from custody.
(c) For the purposes of this section:
"Agency" means any unit of the State or any of its political subdivisions.
"Eligible for release from custody" means that the individual may be released from custody because any of the following conditions has occurred:
(1) The criminal charges against the individual for which the individual is being detained have been withdrawn or dismissed;
(2) The individual has been acquitted of the offense for which the individual has been held in custody;
(3) The individual has posted a bond; or
(4) The individual is otherwise eligible for release by law.
"Immigration hold" means an immigration detainer issued by an authorized immigration officer pursuant to section 287.7 of Title 8 of the Code of Federal Regulations requesting a law enforcement official to maintain custody of an individual and to notify the authorized immigration officer prior to the release of the individual.
"Law enforcement official" means any agency or officer of an agency authorized to enforce criminal laws, operate correctional facilities, or maintain custody of individuals in correctional facilities, and any person or agency authorized to operate juvenile detention facilities or to maintain custody of individuals in juvenile detention facilities."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Law Enforcement; Criminal Custody; Immigration and Customs Detainers
Description:
Prohibits law enforcement from continuing custody of an individual on the basis of a United States Immigration and Customs Enforcement detainer after the individual becomes eligible for release unless the individual has been convicted of specified crimes or a court has found probable cause as to a charge concerning a specified crime.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.