§ 3715 : SECURE ALTERNATIVES PROGRAMS

IN GENERAL.—The Secretary shall establish secure alternatives programs that incorporate case management services in each field office of the Department to ensure appearances at immigration proceedings and public safety.

CONTRACT AUTHORITY.—The Secretary shall contract with nongovernmental community based organizations to conduct screening of detainees, provide appearance assistance services, and operate community-based supervision programs. Secure alternatives shall offer a continuum of supervision mechanisms and options including community support, depending on an assessment of each individual’s circumstances. The Secretary may contract with non governmental organizations to implement secure alternatives that maintain custody over the alien.

INDIVIDUALIZED DETERMINATIONS.—In determining whether to use secure alternatives, the Secretary shall make an individualized determination, and for each individual placed on secure alternatives shall review the level of supervision on a monthly basis. Secure alternatives shall not be used when release on bond or recognizance is determined to be a sufficient measure to ensure appearances at immigration proceedings and public safety.

CUSTODY.—The Secretary may use secure alternatives programs to maintain custody over any alien detained under such Act except for aliens detained under section 236Aof the Immigration and Nationality Act (8 U.S.C. 1226a). If an individual is not eligible for release from custody or detention, the Secretary shall consider the alien for placement in secure alternatives that maintain custody over the alien, including the use of electronic ankle devices.