Thread: NC complying with SB229? Is Chatham Co breaking the law?

This passed and was signed at the end of the 2007 session. In light of the declaration by Chatham Co commissioners, are the breaking this law by not complying?

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2007
SESSION LAW 2007-494
SENATE BILL 229
AN ACT TO DETERMINE THE RESIDENCY STATUS OF PERSONS JAILED ON
FELONY OR DRIVING WHILE IMPAIRED CHARGES.
The General Assembly of North Carolina enacts:
SECTION 1. Chapter 162 of the General Statutes is amended by adding a
new section to read:
"§ 162-62. Legal status of prisoners.
(a) When any person charged with a felony or an impaired driving offense is
confined for any period in a county jail, local confinement facility, district confinement
facility, or satellite jail/work release unit, the administrator or other person in charge of
the facility shall attempt to determine if the prisoner is a legal resident of the United
States by an inquiry of the prisoner, or by examination of any relevant documents, or
both.
(b) If the administrator or other person in charge of the facility is unable to
determine if that prisoner is a legal resident or citizen of the United States or its
territories, the administrator or other person in charge of the facility holding the
prisoner, where possible, shall make a query through the Division of Criminal
Information (DCI) system to the Law Enforcement Support Center (LESC) of
Immigration and Customs Enforcement of the United States Department of Homeland
Security. If the LESC determines that the prisoner has not been lawfully admitted to the
United States, the United States Department of Homeland Security will have been
notified of the prisoner's status and confinement at the facility by its receipt of the DCI
query from the facility.
(c) Nothing in this section shall be construed to deny bond to a prisoner or to
prevent a prisoner from being released from confinement when that prisoner is
otherwise eligible for release.
(d) The administrator or other person in charge of the facility shall annually
report the number of queries performed under subsection (b) of this section and the
results of those queries to the Governor's Crime Commission of the Department of
Crime Control and Public Safety. The Governor's Crime Commission shall make the
reports available to the public."
Page 2 Session Law 2007-494 SL2007-0494
SECTION 2. This act becomes effective January 1, 2008.
In the General Assembly read three times and ratified this the 2nd day of
August, 2007.
s/ Beverly E. Perdue
President of the Senate
s/ Joe Hackney
Speaker of the House of Representatives
s/ Michael F. Easley
Governor
Approved 12:44 p.m. this 30th day of August, 2007

http://www.ncleg.net/Sessions/2007/Bill ... S229v5.pdf

Just emailed the illustrious Bev Perdue about this... I'll be waiting on an answer ( HAHAHAHA!)