Whenever any person is taken into custody at any jail for a felony offense, the sheriff or other officer in charge of such facility shall inquire as to whether the person (i) was born in a country other than the United States and (ii) is a citizen of a country other than the United States. The sheriff or other officer in charge of such facility shall make an immigration alien query to the Law Enforcement Support Center of the U.S. Immigration and Customs Enforcement for any person taken into custody for a felony who (i) was born in a country other than the United States and (ii) is a citizen of a country other than the United States, or for whom the answer to clause (i) or (ii) is unknown. The sheriff or other officer in charge shall communicate the results of any immigration alien query to the Local Inmate Data System of the State Compensation Board. The State Compensation Board shall communicate, on a monthly basis, the results of any immigration alien query that results in a confirmation that the person is illegally present in the United States to the Central Criminal Records Exchange of the Department of State Police in a format approved by the Exchange. The information received by the Central Criminal Records Exchange concerning the person's immigration status shall be recorded in the person's criminal history record.
2008, cc. 180, 415; 2020, cc. 995, 996.
Structure Code of Virginia
Title 19.2 - Criminal Procedure
§ 19.2-71. Who may issue process of arrest
§ 19.2-72. When it may issue; what to recite and require
§ 19.2-73. Issuance of summons instead of warrant in certain cases
§ 19.2-73.1. Notice of issuance of warrant or summons; appearance; failure to appear
§ 19.2-73.2. Law-enforcement officers to issue subpoenas; penalty
§ 19.2-75. Copy of process to be left with accused; exception
§ 19.2-76.2. Mailing of summons in certain cases
§ 19.2-76.3. Failure to appear on return date for summons issued under § 19.2-76.2
§ 19.2-77. Escape, flight and pursuit; arrest anywhere in Commonwealth
§ 19.2-78. Uniform of officer making arrest
§ 19.2-79. Arrest by officers of other states of United States
§ 19.2-80. Duty of arresting officer; bail
§ 19.2-80.1. When arrested person operating motor vehicle; how vehicle removed from scene of arrest
§ 19.2-81. Arrest without warrant authorized in certain cases
§ 19.2-81.1. Arrest without warrant by correctional officers in certain cases
§ 19.2-81.2. Power of correctional officers and designated noncustodial employees to detain
§ 19.2-81.5. Cooperation with a law-enforcement officer
§ 19.2-81.6. Authority of law-enforcement officers to arrest illegal aliens
§ 19.2-82. Procedure upon arrest without warrant
§ 19.2-82.1. Giving false identity to law-enforcement officer; penalty
§ 19.2-83.1. Report of arrest of school employees and adult students for certain offenses
§ 19.2-83.2. Jail officer to ascertain citizenship of inmate