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Town of Ipswich, MA
Essex County
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Legislation (5)
[HISTORY: Adopted by the Town of Ipswich as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-9-2017 ATM by Art. 25,[1] approved 12-1-2017]
[1]
Editor's Note: This article was adopted as Ch. 225, but was renumbered to maintain the organization of the Code.
A. 
Definitions. For the purposes of this article the following definitions apply:
(1) 
Civil immigration detainer request means a non-mandatory request issued by an authorized federal immigration officer under Section 287.7 of Title 8 of the Code of Federal Regulations to a local law enforcement official to maintain custody of an individual for a period not to exceed 48 hours, excluding Saturdays, Sundays, and holidays, and advise the authorized federal immigration officer prior to the release of that individual.
(2) 
Convicted means having been proved guilty of a criminal act in a judicial proceeding, unless the conviction has been expunged or vacated pursuant to applicable law.
(3) 
Eligible for release from custody means that the individual may be released from custody because any of the following conditions has occurred:
(a) 
All criminal charges against the individual have been dropped or dismissed;
(b) 
The individual has been acquitted of all criminal charges filed against him or her;
(c) 
The individual has served all the time required for his or her sentence;
(d) 
The individual has posted a bond, or has been released on his or her own recognizance;
(e) 
The individual has been referred to pretrial diversion services;
(f) 
The individual is otherwise eligible for release under state or local law.
(4) 
Law enforcement official means any department, officer, or employee of the Town of Ipswich, authorized to enforce criminal statutes, regulations, or local ordinances; operate jails or maintain custody of individuals in jails; and operate juvenile detention facilities or maintain custody of individuals in juvenile detention facilities.
(5) 
ICE means the United States Immigration Customs Enforcement.
B. 
Detainment.
(1) 
A law enforcement official shall not detain an individual on the basis of a civil immigration detainer request after that individual becomes eligible for release from custody.
(2) 
(Reserved)[1]
[1]
Editor's Note: This subsection was stricken by the Attorney General 12-1-2017.
(3) 
Law enforcement officials shall make good faith efforts to seek federal reimbursement for all costs incurred in continuing to detain an individual pursuant to this section.
C. 
Reporting. Beginning no later than January 31, 2018, and no later than January 31 of each subsequent year, the Ipswich Police Chief shall submit a report to the Town Manager who shall forward that report to the Select Board who shall docket the report and include it as an agenda item in their next-occurring meeting. The report shall include the following information for the preceding twelve-month period:
(1) 
A statistical breakdown of the total number of civil immigration detainer requests lodged with the Town's law enforcement officials, organized by the reason(s) given for the request;
(2) 
A statistical breakdown of the total number of individuals that Ipswich law enforcement officials detained pursuant to Subsection B(2), organized by the reason(s) supporting the detention;
(3) 
The total number of individuals transferred to ICE custody; and
(4) 
A statistical breakdown of the total cost reimbursements received from the federal government pursuant to Subsection B(3), organized by individual case.