(a)When an individual is confined for any period in a state, county, or municipal jail, the administrator of the facility, or his or her designee, shall make a reasonable effort to determine if the individual is an illegal alien by an inquiry of the individual, by examination of any relevant documents, or both, if the individual is charged with any of the following:
(1)A felony under Article 1, 3, 4, 4A, 4B, 8, or 12 of Chapter 6 of Title 13A.
(2)A felony or Class A misdemeanor under Article 2, 7, or 9 of Chapter 6 of Title 13A or Chapter 15 of Title 26.
(3)A violation of Sections 13A-12-211, 13A-12-212, 13A-12-217, or 13A-12-218.
(b)If a verification inquiry is unable to determine whether the individual is an illegal alien, the administrator of the facility, or his or her designee, h
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(a) When an individual is confined for any period in a state, county, or municipal jail, the administrator of the facility, or his or her designee, shall make a reasonable effort to determine if the individual is an illegal alien by an inquiry of the individual, by examination of any relevant documents, or both, if the individual is charged with any of the following:
(1) A felony under Article 1, 3, 4, 4A, 4B, 8, or 12 of Chapter 6 of Title 13A.
(2) A felony or Class A misdemeanor under Article 2, 7, or 9 of Chapter 6 of Title 13A or Chapter 15 of Title 26.
(3) A violation of Sections 13A-12-211, 13A-12-212, 13A-12-217, or 13A-12-218.
(b) If a verification inquiry is unable to determine whether the individual is an illegal alien, the administrator of the facility, or his or her designee, holding the individual shall make a query to the Immigration and Customs Enforcement of the United States Department of Homeland Security.
(c) When the administrator in charge of the facility, or his or her designee, has been notified that Immigration and Customs Enforcement of the United States Department of Homeland Security has issued a detainer and administrative warrant that reasonably appears to be for the individual in custody, the administrator in charge of the facility, or his or her designee, shall hold the individual in custody until the first of the following conditions occurs:
(1) The passage of 48 hours from receipt of the detainer and administrative warrant by the administrator in charge of the facility, or his or her designee.
(2) Immigration and Customs Enforcement of the United States Department of Homeland Security takes custody of the individual.
(3) The detainer is rescinded by Immigration and Customs Enforcement of the United States Department of Homeland Security.
(d) No state or local law enforcement agency, employee of a state or local law enforcement agency, jail administrator, or state or local law enforcement officer shall be subject to criminal or civil liability for action taken pursuant to subsection (c).
(e) Except as provided in subsection (c), nothing in this section shall be construed to deny bond to an individual or prevent an individual from being released from confinement when that individual is otherwise eligible for release.