(A) If a person is charged with a criminal offense and is confined for any period in a jail of the State, county, or municipality, or a jail operated by a regional jail authority, a reasonable effort shall be made to determine whether the confined person is an alien unlawfully present in the United States.
(B) If the prisoner is an alien, the keeper of the jail or other officer must make a reasonable effort to verify whether the prisoner has been lawfully admitted to the United States or if the prisoner is unlawfully present in the United States. Verification must be made within seventy-two hours through a query to the Law Enforcement Support Center (LESC) of the United States Department of Homeland Security or other office or agency designated for that purpose by the United States Department of Homeland Security. If the prisoner is determined to be an alien unlawfully present in the United States, the keeper of the jail or other officer shall notify the United States Department of Homeland Security.
(C) Upon notification to the United States Department of Homeland Security pursuant to subsection (B), the keeper of the jail must account for daily expenses incurred for the housing, maintenance, transportation, and care of the prisoner who is an alien unlawfully present in the United States and must forward an invoice to the Department of Homeland Security for these expenses.
(D) The keeper of the jail or other officer may securely transport the prisoner who is an alien unlawfully present in the United States to a federal facility in this State or to any other point of transfer into federal custody that is outside of the keeper of the jail or other officer's jurisdiction. The keeper of the jail or other officer shall obtain judicial authorization before securely transporting a prisoner who is unlawfully present in the United States to a point of transfer that is outside of this State.
(E) If a prisoner who is an alien unlawfully present in the United States completes the prisoner's sentence of incarceration, the keeper of the jail or other officer shall notify the United States Department of Homeland Security and shall securely transport the prisoner to a federal facility in this State or to any other point of transfer into federal custody that is outside of the keeper of the jail or other officer's jurisdiction. The keeper of the jail or other officer shall obtain judicial authorization before securely transporting a prisoner who is unlawfully present in the United States to a point of transfer that is outside of this State.
(F) Nothing in this section shall be construed to deny a person bond or from being released from confinement when such person is otherwise eligible for release. However, pursuant to the provisions of Section 17-15-30, a court setting bond shall consider whether the person charged is an alien unlawfully present in the United States.
(G) The State Law Enforcement Division shall promulgate regulations to comply with the provisions of this section in accordance with the provisions of Chapter 23, Title 1.
(H) In enforcing the terms of this section, no state officer shall attempt to make an independent judgment of an alien's immigration status. State officials must verify an alien's status with the federal government in accordance with 8 U.S.C. Section 1373(c).
HISTORY: 2008 Act No. 280, Section 11, eff June 4, 2008; 2011 Act No. 69, Section 7, eff January 1, 2012.
Effect of Amendment
The 2011 amendment in subsection (C), inserted "transportation,"; inserted new subsections (D) and (E); redesignated former subsections (D) to (F) as subsections (F) to (H); and made other nonsubstantive changes.
Structure South Carolina Code of Laws
Title 23 - Law Enforcement and Public Safety
Chapter 3 - South Carolina Law Enforcement Division
Section 23-3-10. Creation, chief and personnel of South Carolina Law Enforcement Division.
Section 23-3-20. Bond and oath of chief and agents; reappointment.
Section 23-3-25. Assignment of personnel; divisions.
Section 23-3-30. Supervision of security personnel employed by State.
Section 23-3-40. Recordation and classification of fingerprints taken in criminal investigations.
Section 23-3-50. Revenue from certain fees and licenses to be remitted to State Treasurer.
Section 23-3-55. Expenditure of revenue.
Section 23-3-80. Repealed by 2011 Act No. 69, Section 16, eff January 1, 2012.
Section 23-3-85. Confidential communications.
Section 23-3-110. Creation and functions of statewide criminal information and communication system.
Section 23-3-115. Fees for criminal record searches; charitable organizations; school districts.
Section 23-3-140. Effect of Article on disclosure of information.
Section 23-3-150. Grants and appropriations; contracts with public agencies.
Section 23-3-200. Creation of Center; use of FBI file.
Section 23-3-210. Definitions.
Section 23-3-220. Chief of State Law Enforcement Division, generally; employees.
Section 23-3-230. Promulgation of regulations.
Section 23-3-240. Submission of missing person reports to Center.
Section 23-3-250. Dissemination of missing persons data by law enforcement agencies.
Section 23-3-260. Responsibilities of Center.
Section 23-3-270. Notification requirements when missing person located.
Section 23-3-280. Release of information.
Section 23-3-310. Improper release of information; penalty.
Section 23-3-320. Missing Person Task Force.
Section 23-3-330. Endangered Person Notification System.
Section 23-3-410. Registry; contents and purpose; cross-reference alias names.
Section 23-3-420. Promulgation of regulations.
Section 23-3-436. Registration of persons adjudicated delinquent.
Section 23-3-437. Removal of certain juveniles from registry.
Section 23-3-462. Termination of registration requirements.
Section 23-3-465. Residence in campus student housing.
Section 23-3-470. Failure to register or provide required notifications; penalties.
Section 23-3-475. Registering with false information; penalties.
Section 23-3-490. Public inspection of offender registry.
Section 23-3-525. Notice by real estate brokerage about obtaining sex offender registry information.
Section 23-3-530. Protocol manual for sex offender registry; contents.
Section 23-3-540. Electronic monitoring; reporting damage to or removing monitoring device; penalty.
Section 23-3-550. Assisting or harboring unregistered sex offender; penalty.
Section 23-3-600. Short title.
Section 23-3-610. State DNA Database established; purpose.
Section 23-3-615. Definitions.
Section 23-3-620. When DNA samples required.
Section 23-3-625. DNA samples of missing persons.
Section 23-3-630. Persons authorized to take DNA sample; immunity from liability.
Section 23-3-660. Expungement of DNA record; grounds for requesting.
Section 23-3-670. Cost of collection supplies for processing samples; processing fees.
Section 23-3-680. Promulgation of regulations.
Section 23-3-690. Promulgation of regulations for processes regarding samples.
Section 23-3-810. Vulnerable Adults Investigations Unit established; duties.
Section 23-3-1200. SLED electronic monitoring system; collection, storage and use of information.
Section 23-3-1400. Blue alert program established; adoption of guidelines and procedures.