Concerning the deportation of criminal alien offenders.
Summary
Removes the requirement that the Secretary of the Department of Corrections (Secretary) make a finding that a placement of an alien offender on conditional release status is in the best interests of the state.
Removes the requirement of approval by the sentencing court and the prosecuting attorney in the county of conviction as a prerequisite to placing an alien offender on conditional release status.
Requires the Secretary to enter into an agreement with the Federal Immigration and Customs Enforcement Agency (ICE) that once an alien offender has been turned over to the ICE and placed on conditional release status, that offender will remain in total confinement at a facility operated by the ICE pending the offender's return to his or her country of origin.
Exempts offenders serving a sentence for a violent offense or a sex offense from eligibility for conditional release.
Requires the Department of Corrections to provide an offender who is subject to early release for deportation with a written notice of his or her rights in removal proceedings.
Requires that prior to accepting a defendant's guilty plea, a state court advise the defendant that he or she may be subject to early release for removal as a consequence of conviction and that he or she may be able to contest removal.
From the Engrossed Substitute House Bill Report (ESHB 1547), written by the Legislature's nonpartisan staff. Read the full report ↗
Enacted (partial veto)Enacted with partial veto · Chapter 206, Laws of 2011