17-72-505. Citizenship determination of prisoners -- Notification to and coordination with federal authorities when releasing certain individuals.
(1) The sheriff shall make a reasonable effort to determine the citizenship status of a prisoner charged with a felony or driving under the influence under Section. 41-6a-502
(2) If a prisoner described in Subsectionis a foreign national, the sheriff shall make a reasonable effort to verify that: (1) the individual has been lawfully admitted into the United States; and the individual's lawful status has not expired.
(3) If the sheriff cannot verify the lawful status of a prisoner described in Subsectionfrom documents in the prisoner's possession, the sheriff shall attempt to verify that status within 48 hours of the prisoner's confinement at the jail through contacting: (1) the Law Enforcement Support Center of the United States Department of Homeland Security; or an office or agency designated for citizenship status verification by the United States Department of Homeland Security. The sheriff shall notify the United States Department of Homeland Security of a prisoner whose lawful citizenship status cannot be verified under Subsectionor. (2) (3)(a)
(4) In accordance with Title, Bail, it is a rebuttable presumption for the purpose of determining whether to grant pretrial release that an individual who is verified under this section as a foreign national not lawfully admitted into the United States is at risk of flight. 77, Chapter 20
(5) As soon as practicable before the day of release, the sheriff shall notify the United States Department of Homeland Security, or other relevant federal agency in charge of handling immigration violations or deportations, when the sheriff is preparing to release an individual from the county jail who: is being released after serving the individual's jail sentence for: a class A misdemeanor described under Subsection; or 76-3-204(1)(b)(i) a felony; and is unlawfully present in the United States. The sheriff shall coordinate with federal authorities to transfer the custody of a released individual into federal custody as may be required under Subsection. (5)(a) The requirements described in Subsectiondo not prohibit a sheriff from notifying or working with the United States Department of Homeland Security, or other relevant federal agency in charge of handling immigration violations or deportations, at any time with regard to an individual who is at the county jail or otherwise in the sheriff's custody. (5)(a)