Florida Senate - 2013 SB 730 By Senator Bullard 39-00611-13 2013730__ 1 A bill to be entitled 2 An act relating to federal immigration detainer 3 requests; providing a short title; providing 4 definitions; providing conditions under which law 5 enforcement officials may hold an individual pursuant 6 to a federal immigration detainer request; providing 7 applicability; providing an effective date. 8 9 WHEREAS, The United States Immigration and Customs 10 Enforcement’s (ICE) Secure Communities Program relies on local 11 law enforcement to detain individuals wanted for immigration 12 violations in local jails for an additional time beyond that 13 when they otherwise would be eligible for release, shifting the 14 burden of federal civil immigration enforcement onto local law 15 enforcement, and 16 WHEREAS, local law enforcement agencies are not reimbursed 17 by the Federal Government for the full cost of responding to an 18 ICE detainer request, which may include, but is not limited to, 19 legal liability, administrative and personnel costs related to 20 tracking and responding to detainer requests, and costs related 21 to the custodial care of an inmate during the period of 22 detention, and 23 WHEREAS, an ICE detainer request, unlike a criminal 24 detainer, is not supported by a warrant or established standard 25 of proof, such as reasonable suspicion or probable cause, and 26 WHEREAS, ICE detainers have erroneously been placed on 27 United States citizens as well as immigrants who are not 28 deportable and can result in a person being held and transferred 29 into immigration detention without regard to whether the arrest 30 is the result of a mistake or merely the routine practice of 31 questioning individuals in the course of a law enforcement 32 investigation, and 33 WHEREAS, the Secure Communities Program and ICE detainers 34 harm community policing efforts because immigrant residents who 35 are victims or witnesses to crime, including domestic violence, 36 and who may have recourse to lawful immigration status, are less 37 likely to report crime or cooperate with local law enforcement 38 if contact with local law enforcement could result in 39 deportation, NOW, THEREFORE, 40 41 Be It Enacted by the Legislature of the State of Florida: 42 43 Section 1. Florida Trust Act.- 44 (1) SHORT TITLE.—This section may be cited as the “Florida 45 Trust Act.” 46 (2) DEFINITIONS.—For purposes of this section, the term: 47 (a) “Conviction” means a determination of guilt that is the 48 result of a plea or trial, regardless of whether adjudication is 49 withheld or a plea of nolo contendere is entered. 50 (b) “Eligible for release from criminal custody” means the 51 individual may be released from criminal custody because one of 52 the following conditions has occurred: 53 1. All criminal charges against the individual have been 54 dropped or dismissed. 55 2. The individual has been acquitted of all criminal 56 charges filed against him or her. 57 3. The individual has served all of the time required for 58 his or her sentence. 59 4. The individual has posted a bond. 60 5. The individual is otherwise eligible for release under 61 federal, state, or local law, or local policy. 62 (c) “Immigration hold” means an immigration detainer issued 63 by an authorized immigration officer pursuant to 8 C.F.R. part 64 287 which requests that a law enforcement official maintain 65 custody of an individual for up to 48 hours excluding Saturday, 66 Sunday, and legal holidays, and to advise the authorized 67 immigration officer before the release of the individual. 68 (d) “Law enforcement agency” means a law enforcement agency 69 of any county, municipality, special district, or other 70 political subdivision of this state. 71 (e) “Law enforcement official” means any person, law 72 enforcement agency, or officer of a law enforcement agency 73 authorized to: 74 1. Enforce criminal statutes, rules, or local ordinances. 75 2. Operate jails or maintain custody of individuals in 76 jails. 77 3. Operate juvenile detention facilities or maintain 78 custody of individuals in juvenile detention facilities. 79 4. Operate prisons or maintain custody of individuals in 80 prisons. 81 (f) “Serious offense” means the commission, attempt, or 82 solicitation of any of the following offenses: 83 1. Any offense listed in ss. 775.084(1)(c)1., 775.30, 84 776.08, 784.07, 787.06, 800.04, 810.02, 825.1025, 843.01, 85 847.0135, 847.0145, 859.01, 876.32, 893.135, and 895.03, Florida 86 Statutes. 87 2. Any offense in any other state or territory, organized 88 or unorganized, of the United States, if the elements of the 89 offense are substantially similar to the elements of an offense 90 listed in subparagraph 1. 91 (3) STANDARDS FOR RESPONDING TO AN IMMIGRATION HOLD.— 92 (a) A law enforcement official may detain an individual on 93 the basis of an immigration hold after that individual becomes 94 eligible for release from criminal custody if: 95 1. The individual has been convicted of a serious offense 96 according to a criminal background check or documentation 97 provided to the law enforcement official by United States 98 Immigration and Customs Enforcement or is currently in criminal 99 custody for a charge of a serious offense; and 100 2. The continued detention of the individual on the basis 101 of the immigration hold would not violate federal, state, or 102 local law or local policy. 103 (b) If the conditions specified in paragraph (a) are not 104 satisfied, a law enforcement official may not detain an 105 individual on the basis of an immigration hold after that 106 individual becomes eligible for release from criminal custody. 107 (4) LIMITATIONS.—This section does not provide, expand, or 108 ratify the legal authority for any law enforcement official to 109 detain an individual on an immigration hold. 110 Section 2. This act shall take effect July 1, 2013.