Limitations on providing personal information by probation offices.

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(1) A probation officer or probation department employee shall not provide personal information about an individual to federal immigration authorities.

(2) Nothing in section 24-76.6-102 prevents law enforcement officers from coordinating telephone or video interviews between federal immigration authorities and individuals incarcerated in any county or local jail or other custodial facility, to the same extent as telephone or video contact with such individuals is allowed by the general public, if the individual has been advised, in the individual's language of choice, of certain information in writing, including but not limited to:

  1. The interview is being sought by federal immigration authorities;

  2. The individual has the right to decline the interview and remain silent;

  3. The individual has the right to speak to an attorney before submitting to the interview; and

  4. Anything the individual says may be used against him or her in subsequent proceedings, including in a federal immigration court.

(3) The written advisement described in subsection (2) of this section must be provided to the inmate again when the inmate is released.

Source: L. 2019: Entire article added, (HB 19-1124), ch. 299, p. 2761, § 2, effective May 28.

STATE FISCAL POLICIES RELATING TO SECTION 20


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