Florida Senate - 2011 SB 1114 By Senator Detert 23-01382-11 20111114__ 1 A bill to be entitled 2 An act relating to verification of a prisoner’s 3 immigration status; creating s. 907.06, F.S.; 4 requiring the staff of a jail or other detention 5 center or facility to make a reasonable effort to 6 determine the citizenship status of a person charged 7 with specified crimes; requiring the facility staff to 8 make a reasonable effort to verify whether the 9 prisoner is lawfully present in the United States; 10 requiring facility staff to request the assistance of 11 the United States Department of Homeland Security to 12 verify the immigration status of a person within 48 13 hours after the person is confined in the jail or 14 other detention center or facility; requiring facility 15 staff to notify the United States Department of 16 Homeland Security if the person is not lawfully in the 17 United States; creating, for purposes of a release 18 bond, a rebuttable presumption that a prisoner is at 19 risk of flight if the Department of Homeland Security 20 verifies that the prisoner is a foreign national and 21 is not lawfully present in the United States; 22 requiring that certain agencies adopt written 23 procedures to conform to the act; requiring that the 24 act be construed consistent with applicable federal 25 law; providing an effective date. 26 27 Be It Enacted by the Legislature of the State of Florida: 28 29 Section 1. Section 907.06, Florida Statutes, is created to 30 read: 31 907.06 Verification of immigration status of certain 32 prisoners.— 33 (1) If a person is charged with a felony, driving under the 34 influence under s. 316.193, or boating under the influence under 35 s. 327.35 and is confined for any period in a jail or other 36 detention center or facility, the facility staff shall make a 37 reasonable effort to determine the citizenship status of that 38 person. 39 (2) If the prisoner is a foreign national, the staff of the 40 facility confining the prisoner shall make a reasonable effort 41 to verify whether the prisoner is lawfully present in the United 42 States under federal immigration law and, if lawfully admitted, 43 whether the lawful status has expired. If a determination of 44 citizenship cannot be made from documents in the possession of 45 the prisoner, verification of immigration status shall be 46 requested from the United States Department of Homeland Security 47 within 48 hours after the person is confined in the jail or 48 other detention center or facility. 49 (3) If the Department of Homeland Security verifies that 50 the person is not lawfully present in the United States, the 51 facility shall notify the Department of Homeland Security of the 52 detention status of the prisoner and confirm whether a federal 53 immigration detainer has been or will be requested for the 54 alien. This report is a public record. 55 (4) For the purpose of determining the conditions for 56 issuance of a bond, a rebuttable presumption is created that a 57 prisoner is at risk of flight if the Department of Homeland 58 Security verifies that the prisoner is a foreign national and is 59 not lawfully present in the United States. 60 (5) Any state or local agency complying with this section 61 shall adopt written procedures governing how the inquiries and 62 actions required by this section shall be performed. Any such 63 procedures shall be in compliance with federal immigration law, 64 policies, or procedures as applied to the agency actions. 65 Section 2. This act shall be construed consistent with 66 applicable federal law. 67 Section 3. This act shall take effect July 1, 2011.