bseoima §3717 (2013): PROCEDURES FOR BOND HEARINGS AND FILING OF NOTICES TO APPEAR

ALIENS IN CUSTODY.— Section 236(8 U.S.C. 1226) is amended by adding at the end the following:

PROCEDURES FOR CUSTODY HEARINGS.—For any alien taken into custody under any provision of this Act, with the exception of minors being transferred to or in the custody of the Office of Refugee Resettlement, the following shall apply:

1.: The Secretary of Homeland Security shall, without unnecessary delay and not later than 72 hours after the alien is taken into custody, file the Notice to Appear or other relevant charging document with the immigration court having jurisdiction over the location where the alien was apprehended, and serve such notice on the alien.
2.: The Secretary shall immediately determine whether the alien shall remain in custody or be released and, without unnecessary delay and not later than 72 hours after the alien was taken into custody, serve upon the alien the custody decision specifying the reasons for continued custody and the amount of bond if any.
3.: The Attorney General shall ensure the alien has the opportunity to appear before an immigration judge for a custody determination hearing promptly after service of the Secretary’s custody decision. The immigration judge may, on the Secretary’s motion and upon a showing of good cause, postpone a custody redetermination hearing for no more than 72 hours after service of the custody decision, except that in no case shall the hearing occur more than 6 days (including weekends and holidays) after the alien was taken into custody.
4.: The immigration judge shall advise the alien of the right to postpone the custody determination hearing and shall, on the oral or written request of the individual, postpone the custody determination hearing for a period of not more than 14 days.
5.: Except for aliens that the immigration judge has determined are deportable under section 236(c) or certified under section 236A, the immigration judge shall review the custody determination de novo and may continue to detain the alien only if the Secretary demonstrates that no conditions, including the use of alternatives to detention that maintain custody over the alien, will reasonably assure the appearance of the alien as required and the safety of any other person and the community. For aliens whom the immigration judge has determined are deportable under section 236(c), the immigration judge may review the custody determination if the Secretary agrees the alien is not a danger to the community and alternatives to detention exist that ensure the appearance of the alien as required and the safety of any other person and the community.
6.: In the case of any alien remaining in custody after a custody determination, the Attorney General shall provide de novo custody determination hearings before an immigration judge every 90 days so long as the alien remains in custody. An alien may also obtain a de novo custody redetermination hearing at any time upon a showing of good cause.
7.: The Secretary shall inform the alien of his or her rights under this paragraph at the time the alien is first taken into custody.

[Blumenthal2]

LIMITATIONS ON SOLITARY CONFINEMENT.—

1.

IN GENERAL.—Section 236(d) (8 U.S.C. 1226(d)) is amended by adding at the end the following:

3.

NATURE OF DETENTION.—

A.

DEFINITIONS.—In this paragraph:

i.: ADMINISTRATIVE SEGREGATION.—The term administrative segregation means a nonpunitive form of solitary confinement for administrative reasons.
ii.: DISCIPLINARY SEGREGATION.— The term disciplinary segregation means a punitive form of solitary confinement for disciplinary reasons.
iii.: SERIOUS MENTAL ILLNESS.— The term serious mental illness means a substantial disorder of thought or mood that significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life.
iv.: SOLITARY CONFINEMENT.—The term solitary confinement means cell confinement of 22 hours or more per day.

B.

LIMITATIONS ON SOLITARY CONFINEMENT.—

i.

IN GENERAL.—The use of solitary confinement of an alien in custody pursuant to this section, section 235, or section 241 shall be limited to situations in which such confinement—

I.: is necessary—
aa.: to control a threat to detainees, staff, or the security of the facility;
bb.: to discipline the alien for a serious disciplinary infraction if alternative sanctions would not adequately regulate the alien’s behavior; or
cc.: for good order during the last 24 hours before an alien is released, removed, or transferred from the facility;
II.: is limited to the briefest term and under the least restrictive conditions practicable and consistent with the rationale for placement and with the progress achieved by the alien; and
III.: complies with the requirements set forth in this subparagraph.

ii.

CHILDREN.—Children who are younger than 18 years of age may not be placed in solitary confinement.

iii.

SERIOUS MENTAL ILLNESS.—

I.: IN GENERAL.—An alien with a serious mental illness may not be placed in involuntary solitary confinement due to mental illness unless—
aa.: such confinement is necessary for the alien’s own protection; or
bb.: if the alien requires emergency stabilization or poses a significant threat to staff or others in general population.
II.: MAXIMUM PERIOD.—An alien diagnosed with serious mental illness may not be placed in solitary confinement for more than 15 days unless the Secretary of Homeland Security determines that—
aa.: any less restrictive alternative is more likely than not to cause greater harm to the alien than the solitary confinement period imposed; or
bb.: the likely harm to the alien is not substantial and the period of solitary confinement is the least restrictive alternative necessary to protect the alien, other detainees, or others.

iv.

OWN PROTECTION.—

I.: IN GENERAL.—Involuntary solitary confinement for an alien’s own protection may be used only for the least amount of time practicable and if no readily available and less-restrictive alternative will maintain the alien’s safety.
II.: MAXIMUM PERIOD.—An alien may not be placed in involuntary solitary confinement for the alien’s own protection for longer than 15 days unless the Secretary of Homeland Security determines that any less restrictive alternative is more likely than not to cause greater harm to the alien than the solitary confinement period imposed.
III.: PROHIBITED FACTORS.— The Secretary of Homeland Security may not rely solely on an alien’s age, physical disability, sexual orientation, gender identity, race, or religion. The Secretary shall make an individualized assessment in each case.

v.

MEDICAL CARE.—An alien placed in solitary confinement—

I.: shall be visited by a medical professional at least 3 times each week;
II.: shall receive at least weekly mental health monitoring by a licensed mental health clinician; and
III.: shall be removed from solitary confinement if—
aa.: a mental health clinician determines that such detention is having a significant negative impact on the alien’s mental health; and
bb.: an appropriate alternative is available.

vi.

NOTIFICATION; ACCESS TO COUNSEL.—If an alien is placed in solitary confinement, the alien—

I.: shall be informed verbally, and in writing, of the reason for such confinement and the intended duration of such confinement, if specified at the time of initial placement; and
II.: shall be offered access to counsel on the same basis as detainees in the general population.

vii.

LONGER SOLITARY CONFINEMENT PERIODS.—If an alien has been subject to involuntary solitary confinement for more than 14 consecutive days, the Secretary of Homeland Security shall conduct a timely review to determine whether continued placement is justified by an extreme disciplinary infraction or is the least restrictive means of protecting the alien or others. Any alien held in solitary confinement for more than 7 days shall be given a reasonable opportunity to challenge such placement with the detention facility administrator, which will promptly respond to such challenge in writing.

viii.

OVERSIGHT.—The Secretary of Homeland Security shall ensure that—

I.: he or she is regularly informed about the use of solitary confinement in all facilities at which aliens are detained; and
II.: the Department fully complies with the provisions under this paragraph.

C.

DISCIPLINARY SEGREGATION.—Disciplinary segregation is authorized only pursuant to the order of a facility disciplinary panel following a hearing in which the detainee is determined to have violated a facility rule.

D.

ADMINISTRATIVE SEGREGATION.— Administrative segregation is authorized only as necessary to ensure the safety of the detainee or others, the protection of property, or the security or good order of the facility. Detainees in administrative segregation shall be offered programming opportunities and privileges consistent with those available in the general population, except where precluded by safety or security concerns.

ANNUAL REPORT.—The Secretary shall—

A.: collect and compile information regarding the prevalence, reasons for, and duration of solitary confinement in all facilities described in paragraph (3);
B.: submit an annual report containing the information described in subparagraph (A) to Congress not later than 30 days after the end of the reporting period; and
C.: make the data contained in the report submitted under subparagraph (B) publicly available.

RULEMAKING.—The Secretary shall adopt regulations or policies to carry out section 236(d)(3) of the Immigration and Nationality Act, as amended by paragraph (1) at all facilities at which aliens are detained pursuant to section 235, 236, or 241 of such Act.

[end]

STIPULATED REMOVAL.— Section 240(d)(8 U.S.C. 1229a) is amended to read as follows:

d.: STIPULATED REMOVAL.—The Attorney General shall provide by regulation for the entry by an immigration judge of an order of removal stipulated to by the alien (or the alien’s representative) and the Service. An immigration judge may enter a stipulated removal order only upon a finding at an in-person hearing that the stipulation is voluntary, knowing and intelligent. A stipulated order shall constitute a conclusive determination of the alien’s removability from the United States.

§ 3717 : PROCEDURES FOR BOND HEARINGS AND FILING OF NOTICES TO APPEAR