Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Chapter 10 of Title 53.1 a section numbered 53.1-220.3 as follows:

§53.1-220.3. Release of certain incarcerated persons from jail; notice to Immigration and Customs Enforcement [ ; failure to comply ] .

[ A. ] The sheriff, jail superintendent, or other official in charge of a local correctional facility or regional jail in which an alien is incarcerated shall notify U.S. Immigration and Customs Enforcement of the release or discharge of the alien [ at least seven days prior to the date he is to be released or discharged from custody forthwith as soon as the release date is known ] .

[ B. Any local correctional facility or regional jail that fails to comply with the provisions of this section may be prohibited from receiving state funding for operating costs for the three fiscal years following such noncompliance. ]