S.Amdt. 60

SA 60. Mr. KING submitted an amendment intended to be proposed by him
to the bill S. 5, to require the Secretary of Homeland Security to take
into custody aliens who have been charged in the United States with
theft, and for other purposes; which was ordered to lie on the table;
as follows:

At the end, add the following:

SEC. 4. ALTERNATIVES TO DETENTION FOR CERTAIN ALIENS.

Section 236(c) of the Immigration and Nationality Act (8
U.S.C. 1226(c)), as amended by this Act, is further amended
by adding at the end the following:
``(5) Alternatives to detention for certain aliens.--
``(A) In general.--The Secretary of Homeland Security shall
impose ankle monitoring or a similar level of supervision, as
an alternative to detention, in the case of an alien
described in paragraph (1)(E)--
``(i) who does not pose a threat to public safety; and
``(ii) with respect to whom there are extenuating
circumstances.
``(B) Extenuating circumstances.--In determining whether
there are extenuating circumstances for purposes of
subparagraph (A)(ii), the Secretary shall consider as
relevant factors--
``(i) whether the alien's detention would result in the
loss of a provider or caregiver for a child or dependent; and
``(ii) whether the alien is pregnant or suffering from a
serious medical condition.
``(C) Procedures and guidance.--The Secretary of Homeland
Security, in consultation with the Director of U.S.
Immigration and Customs Enforcement, shall--
``(i) establish procedures for an alien detained pursuant
to paragraph (1)(E) to petition U.S. Immigration and Customs
Enforcement for an alternative mandatory custodial
arrangement; and
``(ii) issue guidance to U.S. Immigration and Customs
Enforcement for determining whether an alien described in
paragraph (1)(E) poses a threat to public safety.''.
______