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West Virginia Code Chapter 15. Public Safety § 15-16-3. Mandatory duties of law enforcement agencies regarding immigration detainer

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) A law enforcement agency that takes initial custody of a person subject to an immigration detainer shall:

(1) Provide notice to the court authorized to grant or deny the person’s release on bail or bond that the person is subject to an immigration detainer;

(2) Record in the person’s case file that the person is subject to an immigration detainer; and

(3) Upon determining that the immigration detainer is facially sufficient as defined by § 15-15-1 of this code, comply with the requests made in the immigration detainer to the extent required by law.

(b) A law enforcement agency is not required to perform a duty imposed by subsection (a) of this section with respect to a person who has been transferred to the custody of the agency by another law enforcement agency subject to the requirements of this section.

(c) A court of competent jurisdiction which 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 - West Virginia Code Chapter 15. Public Safety § 15-16-3. Mandatory duties of law enforcement agencies regarding immigration detainer - last updated January 01, 2024 | https://codes.findlaw.com/wv/chapter-15-public-safety/wv-code-sect-15-16-3/

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