8 U.S.C. § 1368 : US Code - Section 1368: Increase in INS detention facilities; report on detention space

Search 8 U.S.C. § 1368 : US Code - Section 1368: Increase in INS detention facilities; report on detention space

(a) Increase in detention facilities
Subject to the availability of appropriations, the Attorney
General shall provide for an increase in the detention facilities
of the Immigration and Naturalization Service to at least 9,000
beds before the end of fiscal year 1997.
(b) Report on detention space
(1) In general
Not later than 6 months after September 30, 1996, and every 6
months thereafter, the Attorney General shall submit a report to
the Committees on the Judiciary of the House of Representatives
and of the Senate estimating the amount of detention space that
will be required, during the fiscal year in which the report is
submitted and the succeeding fiscal year, to detain - 
(A) all aliens subject to detention under section 1226(c) of
this title and section 1231(a) of this title;
(B) all inadmissible or deportable aliens subject to
proceedings under section 1228 of this title or section
1225(b)(2)(A) or 1229a of this title; and
(C) other inadmissible or deportable aliens in accordance
with the priorities established by the Attorney General.
(2) Estimate of number of aliens released into the community
(A) Criminal aliens
(i) In general
The first report submitted under paragraph (1) shall
include an estimate of the number of criminal aliens who, in
each of the 3 fiscal years concluded prior to the date of the
report - 
(I) were released from detention facilities of the
Immigration and Naturalization Service (whether operated
directly by the Service or through contract with other
persons or agencies); or
(II) were not taken into custody or detention by the
Service upon completion of their incarceration.
(ii) Aliens convicted of aggravated felonies
The estimate under clause (i) shall estimate separately,
with respect to each year described in such clause, the
number of criminal aliens described in such clause who were
convicted of an aggravated felony.
(B) All inadmissible or deportable aliens
The first report submitted under paragraph (1) shall also
estimate the number of inadmissible or deportable aliens who
were released into the community due to a lack of detention
facilities in each of the 3 fiscal years concluded prior to the
date of the report notwithstanding circumstances that the
Attorney General believed justified detention (for example, a
significant probability that the released alien would not
appear, as agreed, at subsequent exclusion or deportation
proceedings).
(C) Subsequent reports
Each report under paragraph (1) following the first such
report shall include the estimates under subparagraphs (A) and
(B), made with respect to the 6-month period immediately
preceding the date of the submission of the report.