Bill Text: NY A07099 | 2021-2022 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Prohibits governmental entities from entering into agreements to house individuals in immigration detention facilities; requires governmental entities to terminate existing contracts for the detention of individuals in immigration detention facilities.

Spectrum: Partisan Bill (Democrat 28-0)

Status: (Introduced - Dead) 2022-01-05 - referred to correction [A07099 Detail]

Download: New_York-2021-A07099-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          7099

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                     April 22, 2021
                                       ___________

        Introduced  by M. of A. REYES -- read once and referred to the Committee
          on Correction

        AN ACT to amend the correction law, in relation to enacting the "Dignity
          Not Detention Act"

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  This  act shall be known and may be cited as the "Dignity
     2  Not Detention Act".
     3    § 2. Section 2 of the correction law is  amended  by  adding  two  new
     4  subdivisions 33 and 34 to read as follows:
     5    33.  "Immigration  detention facility" means any building, facility or
     6  structure used, in whole or in part, to house or detain individuals  for
     7  civil immigration violations.
     8    34.  "Immigration  detention agreement" means any contract, agreement,
     9  intergovernmental service agreement or memorandum of understanding  that
    10  authorizes  a  state  or local government to house or detain individuals
    11  for civil immigration violations.
    12    § 3. The correction law is amended by adding a new article 29 to  read
    13  as follows:
    14                                 ARTICLE 29
    15                      IMMIGRATION DETENTION AGREEMENTS
    16  Section 900. Immigration detention agreement.
    17    §  900. Immigration detention agreement. 1. The state, county, munici-
    18  pality, a unit of local government, a  county  sheriff,  or  an  agency,
    19  officer,  employee,  or  agent  of the state, county, municipality, or a
    20  unit of local government shall not:
    21    (a) Enter into or renew an immigration detention agreement.
    22    (b) Receive any payment related to the detention of individuals in  an
    23  immigration detention facility.
    24    (c)  Give  any financial incentive or benefit to any private entity or
    25  person in connection with the sale, purchase, construction, development,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10536-02-1
        A. 7099                             2

     1  ownership,  management,  corporation  or  operation  of  an  immigration
     2  detention facility.
     3    2.  The  state,  county,  municipality,  a unit of local government, a
     4  county sheriff, or an agency, officer, employee, or agent of the  state,
     5  county,  municipality  or  a  unit  of local government with an existing
     6  immigration detention agreement shall exercise the termination provision
     7  contained in the immigration detention agreement no  later  than  ninety
     8  days from the date on which this article takes effect.
     9    3.  Notwithstanding  any  other  provision  of  law  to  the  contrary
    10  contained in any general, special, or local laws, in any dispute over an
    11  immigration detention agreement with the state, the provisions  of  this
    12  section shall govern.
    13    § 4. Severability clause. If any clause, sentence, paragraph, subdivi-
    14  sion,  section  or  part  of  this act shall be adjudged by any court of
    15  competent jurisdiction to be invalid, such judgment  shall  not  affect,
    16  impair,  or  invalidate  the remainder thereof, but shall be confined in
    17  its operation to the clause, sentence, paragraph,  subdivision,  section
    18  or part thereof directly involved in the controversy in which such judg-
    19  ment shall have been rendered. It is hereby declared to be the intent of
    20  the  legislature  that  this  act  would  have been enacted even if such
    21  invalid provisions had not been included herein.
    22    § 5. This act shall take effect immediately.