HB 231 — Senate Judiciary Committee Substitute

• Courts must consider and articulate on the record the impact of an accused person's "lawful presence" or status as an "illegal alien" on bail factors such as flight risk, danger to the community, risk of committing felonies, and witness intimidation
• Sheriffs, jailers, and deputies are required to inquire about the immigration status of each individual taken into custody and, when there is reasonable basis to believe the individual is an illegal alien, must query the relevant federal database within 24 hours of booking for any immigration detainer request
• Law enforcement officials holding an individual subject to an immigration detainer request must notify the individual that ICE intends to assume custody and must maintain custody for up to 48 hours beyond the point the individual would otherwise be released
• Sheriffs, jailers, and deputies are exempted from immigration inquiry duties if the individual provides verified proof of U.S. citizenship or lawful federal authorization to be present, such as a Georgia driver's license or government-issued ID
• The Act takes effect upon the Governor's approval and requires the Georgia Sheriffs Association to prepare guidelines for compliance, with all provisions to be implemented consistent with federal immigration and civil rights laws