HB 2726

Abstract

Amends the Unified Code of Corrections. Requires the Department of Corrections (IDOC) to enter into a Memorandum of Understanding (MOU) with U.S. Immigration and Customs Enforcement (ICE) which authorizes the U.S. Department of Homeland Security to enter into written agreements with a state to remove an alien in the custody of that state. The purpose of the MOU is to set forth terms by which ICE and IDOC will cooperate in a Rapid Removal of Eligible Parolees Accepted for Transfer ("Rapid REPAT") program, which allows for early conditional release for deportation of removable custodial aliens to their home countries. Requires the Memorandum of Understanding to provide that a person may take part in the program only if a final order of deportation has been issued against the person, if prior to the issuance of this order: (A) the person has been advised of and given an opportunity to exercise his or her rights under federal immigration law to a hearing before an immigration judge to contest his or her removal, including the right to seek and consult with legal counsel and to be represented by counsel at the hearing, to present any applicable defense to a removal proceeding or claim for relief from removal, and to seek review of an adverse decision; (B) the person has been informed of available legal referral services and of law firms and organizations that provide free or low-cost legal assistance; and (C) the information has been provided verbally and in writing in English and in the person's native language. Provides the Prisoner Review Board shall hear by at least one member and, through a panel of at least 3 members, decide all requests for release of prisoners subject to detainers filed by ICE.