Utah Code 53-13-106.13. Notification requirement for federal officers before the release of an alien within the state
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(1) As used in this section:
Terms Used In Utah Code 53-13-106.13
- Division: means the Peace Officer Standards and Training Division created in Section
53-6-103 . See Utah Code 53-13-101 - Law enforcement agency: means an entity or division of:(1)(e)(i)(1)(e)(i)(A) the federal government, a state, or a political subdivision of a state;(1)(e)(i)(B) a state institution of higher education; or(1)(e)(i)(C) a private institution of higher education, if the entity or division is certified by the commissioner under Title 53, Chapter 19, Certification of Private Law Enforcement Agency; and(1)(e)(ii) that exists primarily to prevent and detect crime and enforce criminal laws, statutes, and ordinances. See Utah Code 53-1-102
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(1)(a)(1)(a)(i) “Alien” means an individual who is illegally present in the United States.(1)(a)(ii) “Alien” does not include a permit holder as that term is defined in Section63G-12-102 .(1)(b) “Custody” means in the physical and legal custody of a federal law enforcement agency.(1)(c) “Federal law enforcement agency” means an entity or division of the federal government that exists primarily to:(1)(c)(i) prevent and detect crime and enforce criminal laws, statutes, and ordinances; or(1)(c)(ii) enforce federal immigration laws.(1)(d) “Federal officer” means an individual:(1)(d)(i) who works for a federal law enforcement agency; and(1)(d)(ii) whose duties consist of the investigation and enforcement of federal laws.
(2) A federal officer may not release an alien from custody within the state unless the federal officer provides written notice three business days before the release to:
(2)(a) the attorney general or the attorney general’s designee; and
(2)(b) the county sheriff or the county sheriff’s designee of the county in which the release is to take place.
(3) In providing the written notice under Subsection (2)(b), the federal officer shall also provide:
(3)(a) the specific address or location where the alien will be released;
(3)(b) the date and time at which the alien will be released; and
(3)(c) whether the federal officer is aware of any outstanding criminal warrants concerning the alien who will be released.