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Florida Statutes Title XLVII. Criminal Procedure and Corrections § 908.105. Duties related to immigration detainers

Current as of January 01, 2025 | Updated by Findlaw Staff

(1) A law enforcement agency that has custody of a person subject to an immigration detainer issued by a federal immigration agency shall:

(a) Provide to the judge authorized to grant or deny the person's release on bail under chapter 903 notice that the person is subject to an immigration detainer.

(b) Record in the person's case file that the person is subject to an immigration detainer.

(c) Upon determining that the immigration detainer is in accordance with s. 908.102(2), comply with the requests made in the immigration detainer.

(2) A law enforcement agency is not required to perform a duty imposed by paragraph (1)(a) or paragraph (1)(b) with respect to a person who is transferred to the custody of the agency by another law enforcement agency if the transferring agency performed that duty before the transfer.

(3) A judge who receives notice that a person is subject to an immigration detainer shall cause the fact to be recorded in the court record, regardless of whether the notice is received before or after a judgment in the case.

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Cite this article: FindLaw.com - Florida Statutes Title XLVII. Criminal Procedure and Corrections § 908.105. Duties related to immigration detainers - last updated January 01, 2025 | https://codes.findlaw.com/fl/title-xlvii-criminal-procedure-and-corrections/fl-st-sect-908-105/

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