North Carolina Senate Bill 101 Summary

• Requires jail administrators to determine if inmates are legal U.S. residents for specific offenses including drug felonies, violent crimes, sexual offenses, and domestic violence violations.

• Mandates jail staff query Immigration and Customs Enforcement (ICE) when unable to determine legal residency status.

• Requires inmates held on ICE detainers and administrative warrants to be brought before a state judicial official who must order continued custody if the person matches the warrant.

• Prisoners held under ICE detainers must be released after 48 hours unless ICE takes custody or the detainer is rescinded, unless other legal processes require continued detention.

• Requires all county jails and confinement facilities to report annually to the Joint Legislative Oversight Committee on Justice and Public Safety regarding ICE queries, detainer requests, and prisoner holds from July 1 to June 30, beginning October 1, 2023.