December 9, 2009, Introduced by Reps. Hammel and Dean and referred to the Committee on Judiciary.
A bill to amend 1846 RS 171, entitled
"Of county jails and the regulation thereof,"
(MCL 801.1 to 801.27) by adding section 24.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 24. (1) Subject to subsection (3), the county sheriff
shall release a sentenced inmate described in subsection (2) to the
custody and control of the United States immigration and customs
enforcement for the sole purpose of deportation.
(2) Only inmates who meet all of the following conditions may
be released under this section:
(a) A final order of deportation has been issued against the
inmate by the United States immigration and naturalization service.
(b) The inmate has served at least 1/2 of the sentence imposed
by the court.
(c) The inmate is not serving a sentence for criminal sexual
conduct described in section 520b to 520e of the Michigan penal
code, 1931 PA 328, MCL 750.520b to 750.520e.
(3) The sheriff shall not release an inmate under this section
unless the sheriff has received from the United States immigration
and naturalization service assurance as to both of the following:
(a) That an order of deportation will be executed or that
proceedings will promptly be commenced for the purpose of
deportation upon release of the inmate from the custody of the
sheriff.
(b) That the inmate will not be released from the custody of
the United States immigration and naturalization service for any
reason other than deportation, unless the United States immigration
and naturalization service provides to the sheriff a reasonable
opportunity to arrange for execution of the warrant for the return
of the inmate to the custody of the sheriff as provided in
subsection (4).
(4) The inmate shall be delivered to the custody of the United
States immigration and naturalization service along with a warrant
issued by the sentencing court for the inmate's return to the
custody of the sheriff, to be executed if the inmate is released
from the custody of the United States immigration and
naturalization service for any reason other than deportation. If
the inmate is not deported, the sheriff shall execute the warrant
and return the inmate to the custody of the sheriff, and the inmate
shall serve the remaining portion of his or her sentence.