[HISTORY: Adopted by the Town of Ipswich as indicated in
article histories. Amendments noted where applicable.]
A.Â
Definitions. For the purposes of this article the following definitions
apply:
(1)Â
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)Â
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)Â
Eligible for release from custody means that the individual may be
released from custody because any of the following conditions has
occurred:
(a)Â
All criminal charges against the individual have been dropped
or dismissed;
(b)Â
The individual has been acquitted of all criminal charges filed
against him or her;
(c)Â
The individual has served all the time required for his or her
sentence;
(d)Â
The individual has posted a bond, or has been released on his
or her own recognizance;
(e)Â
The individual has been referred to pretrial diversion services;
(f)Â
The individual is otherwise eligible for release under state
or local law.
(4)Â
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)Â
ICE means the United States Immigration Customs Enforcement.
B.Â
Detainment.
(1)Â
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.
(3)Â
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.Â
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)Â
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)Â
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)Â
The total number of individuals transferred to ICE custody; and