42-1-11.5. Compliance with immigration detainer notices.

As used in this Code section, the term:#

1. (1)

   “Custodial authority” means the commissioner if a person is in physical custody at a penal institution, the sheriff if a person is in physical custody at a county jail, the warden if a person is in physical custody at county correctional institution, and the chief of police if a person is in physical custody at a municipal detention facility.#

2. (2)

   “Immigration detainer notice” means documentation issued by the federal government requesting that a custodial authority maintain temporary custody of an illegal alien as such term is defined in Code Section 42-4-14, including a United States Department of Homeland Security Form I-247 document or a similar successor form.#

Any custodial authority who has custody of a person who is subject to an immigration detainer notice shall:#

1. (1)

   Comply with, honor, and fulfill any request made in the immigration detainer notice; and#

2. (2)

   Inform the person identified in the immigration detainer notice that the person is being held pursuant to such notice.#