Bill Text: NY A07853 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to the oversight of immigration detention facilities; prohibits municipalities from using funds or resources for the construction of any new detention facility or the expansion of any existing detention facility without approval by the legislature; establishes a committee on immigration detention oversight.

Spectrum: Partisan Bill (Democrat 16-0)

Status: (Introduced) 2019-05-24 - referred to local governments [A07853 Detail]

Download: New_York-2019-A07853-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          7853

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      May 24, 2019
                                       ___________

        Introduced by M. of A. WEPRIN -- read once and referred to the Committee
          on Local Governments

        AN  ACT  to amend the general municipal law, in relation to oversight of
          immigration detention facilities

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

     1    Section  1.  The  general  municipal  law  is  amended by adding a new
     2  section 99-x to read as follows:
     3    § 99-x. Immigration detention facilities within municipalities. 1. (a)
     4  No municipality shall permit municipal funds or resources to be utilized
     5  for the construction of any new detention facilities or the expansion of
     6  existing detention facilities to house immigrant,  migrant,  refugee  or
     7  asylum-seeking  populations within its borders, unless such construction
     8  or expansion has been approved by the legislature as provided  in  para-
     9  graph (b) of this subdivision.
    10    (b) A municipality shall obtain legislative approval prior to engaging
    11  in any of the following:
    12    (i)  seeking  funds  for  the  construction  or support of immigration
    13  detention facilities, including, but not  limited  to,  applying  for  a
    14  grant,  or  soliciting or accepting state or federal funds or in-kind or
    15  other donations;
    16    (ii) engaging in any plans to share resources and coordinate detention
    17  activities with the United States  bureau  of  immigration  and  customs
    18  enforcement  or other immigration officials such as using available beds
    19  in local city jails for detention use; or
    20    (iii) constructing any new detention facilities  within  such  munici-
    21  pality's jurisdiction.
    22    (c)  For  purposes  of  this section the term "municipality" means any
    23  county, city, town, or village.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11398-01-9

        A. 7853                             2

     1    2. (a) No municipality shall utilize municipal land  or  buildings  or
     2  other  resources  toward  the construction of any new federal or private
     3  detention facilities within its jurisdiction.
     4    (b)  Any  municipality  that does not have a contract with the federal
     5  government or any federal agency or a private corporation  to  house  or
     6  detain  noncitizens for purposes of civil immigration custody, shall not
     7  enter into a contract with the federal government or any federal  agency
     8  or a private corporation to house or detain in a locked detention facil-
     9  ity noncitizens.
    10    (c)  Any  municipality  that has an existing contract with the federal
    11  government or any federal agency or  a  private  corporation  to  detain
    12  noncitizens for purposes of civil immigration custody, shall not, on and
    13  after  the effective date of this section, renew or modify such contract
    14  to expand the maximum number of contract beds to house or  detain  in  a
    15  locked  detention facility noncitizens for purposes of civil immigration
    16  custody.
    17    (d) A municipality shall not approve or sign a  deed,  instrument,  or
    18  other  document  related  to  a  use or transfer of land or property, or
    19  issue a permit for the building or reuse of existing  buildings  by  any
    20  private  corporation,  contractor, or vendor to house or detain nonciti-
    21  zens for purposes of civil immigration proceedings unless  such  munici-
    22  pality has obtained legislative approval.
    23    3. (a) A committee on immigration detention oversight is hereby estab-
    24  lished  for  the  purposes  of  ensuring increased oversight of existing
    25  federal and private detention centers through regular annual reviews  of
    26  existing  detention  facilities.  Such  committee  shall  consist of six
    27  members, one member each appointed by the governor, the attorney  gener-
    28  al,  the comptroller, the secretary of state, the temporary president of
    29  the senate, and the speaker of the assembly.
    30    (b) Such committee shall:
    31    (i) delegate authority,  and  where  necessary,  identify  appropriate
    32  agencies  to  determine  a recurring series of regular annual reviews of
    33  existing detention facilities;
    34    (ii) allocate funding, subject to appropriation, to ensure timely  and
    35  regular review of detention facilities; and
    36    (iii) ensure and safeguard the treatment of individuals detained with-
    37  in  immigration  detention  facilities in a manner that meets or exceeds
    38  the federal national standards and other applicable legal requirements.
    39    (c) Such committee shall issue an annual report to the  governor,  the
    40  attorney general, the comptroller, the secretary of state, the temporary
    41  president  of the senate, and the speaker of the assembly with its find-
    42  ings and a list of any  and  all  determinations  where  an  immigration
    43  detention  facility  does not meet or exceed the federal national stand-
    44  ards and other applicable legal requirements.
    45    § 2. This act shall take effect immediately.
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