13-3906. Processing arrestees; citizenship determination; notice
A. Within twenty-four hours after a person is brought to a law enforcement agency for incarceration, the law enforcement agency shall inquire of the person and determine that person's country of citizenship. If the person is not a United States citizen, the law enforcement agency shall:
1. Notify the person's country of citizenship of the person's detention if the person does not waive notification or if the person's country of citizenship requires notification regardless of the person's waiver of notification.
2. Document the notification to the person's country of citizenship and any waiver of notification.
3. Transmit any information obtained pursuant to this section to the court and the prosecuting agency for the purpose of making a determination pursuant to section 13-3961, subsection A, paragraph 5 or section 13-3967, subsection B, paragraph 14 or for any other lawful purpose.
B. The failure or inability of a law enforcement agency to provide the notice required by this section does not:
1. Affect the admissibility of any statements, the voluntariness of a guilty plea or the validity of a conviction.
2. Afford a defendant any rights in any proceeding related to deportation, exclusion or denial of naturalization.
Section: Previous 13-3899 13-3900 13-3901 13-3902 13-3903 13-3904 13-3905 13-3906 13-3907 13-3911 13-3912 13-3913 13-3914 13-3915 13-3916 NextLast modified: October 13, 2016