S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4354
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2023
                                ___________
 
 Introduced  by  M.  of A. REYES, MITAYNES, MAMDANI, OTIS, SIMON, WEPRIN,
   EPSTEIN,  GALLAGHER,  GONZALEZ-ROJAS,  GLICK,  CRUZ,  BURGOS,  KELLES,
   SEPTIMO,  TAYLOR,  RIVERA, L. ROSENTHAL, AUBRY, CARROLL -- Multi-Spon-
   sored by -- M. of A.  COOK -- 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:
 
   Section 1. This act shall be known and may be cited  as  the  "Dignity
 Not Detention Act".
   §  2.  Section  2  of  the correction law is amended by adding two new
 subdivisions 35 and 36 to read as follows:
   35. "IMMIGRATION DETENTION FACILITY" MEANS ANY BUILDING,  FACILITY  OR
 STRUCTURE  USED, IN WHOLE OR IN PART, TO HOUSE OR DETAIN INDIVIDUALS FOR
 CIVIL IMMIGRATION VIOLATIONS.
   36. "IMMIGRATION DETENTION AGREEMENT" MEANS ANY  CONTRACT,  AGREEMENT,
 INTERGOVERNMENTAL  SERVICE AGREEMENT OR MEMORANDUM OF UNDERSTANDING THAT
 AUTHORIZES A STATE OR LOCAL GOVERNMENT TO HOUSE  OR  DETAIN  INDIVIDUALS
 FOR CIVIL IMMIGRATION VIOLATIONS.
   §  3. The correction law is amended by adding a new article 29 to read
 as follows:
                                ARTICLE 29
                     IMMIGRATION DETENTION AGREEMENTS
 SECTION 900. IMMIGRATION DETENTION AGREEMENT.
   § 900. IMMIGRATION DETENTION AGREEMENT. 1. THE STATE, COUNTY,  MUNICI-
 PALITY,  A  UNIT  OF  LOCAL  GOVERNMENT, A COUNTY SHERIFF, OR AN AGENCY,
 OFFICER, EMPLOYEE, OR AGENT OF THE STATE,  COUNTY,  MUNICIPALITY,  OR  A
 UNIT OF LOCAL GOVERNMENT SHALL NOT:
   (A) ENTER INTO OR RENEW AN IMMIGRATION DETENTION AGREEMENT; OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00635-01-3
 A. 4354                             2
              

 
   (B)  RECEIVE ANY PAYMENT RELATED TO THE DETENTION OF INDIVIDUALS IN AN
 IMMIGRATION DETENTION FACILITY.
   2.  THE  STATE,  COUNTY,  MUNICIPALITY,  A UNIT OF LOCAL GOVERNMENT, A
 COUNTY SHERIFF, OR AN AGENCY, OFFICER, EMPLOYEE, OR AGENT OF THE  STATE,
 COUNTY, MUNICIPALITY, OR A UNIT OF LOCAL GOVERNMENT SHALL NOT:
   (A)  ENTER INTO AN AGREEMENT OF ANY KIND FOR THE DETENTION OF INDIVID-
 UALS IN AN IMMIGRATION DETENTION FACILITY OWNED, MANAGED OR OPERATED, IN
 WHOLE OR IN PART, BY A PRIVATE ENTITY;
   (B) PAY, REIMBURSE, SUBSIDIZE, OR DEFRAY IN ANY WAY ANY COSTS  RELATED
 TO THE SALE, PURCHASE, CONSTRUCTION, DEVELOPMENT, OWNERSHIP, MANAGEMENT,
 OR  OPERATION  OF  AN  IMMIGRATION DETENTION FACILITY THAT IS OR WILL BE
 OWNED, MANAGED, OR OPERATED, IN WHOLE OR IN PART, BY A PRIVATE ENTITY;
   (C) RECEIVE ANY PAYMENT RELATED TO THE DETENTION OF INDIVIDUALS IN  AN
 IMMIGRATION  DETENTION  FACILITY OWNED, MANAGED OR OPERATED, IN WHOLE OR
 IN PART, BY A PRIVATE ENTITY;
   (D) OTHERWISE GIVE ANY FINANCIAL INCENTIVE OR BENEFIT TO  ANY  PRIVATE
 ENTITY  OR  PERSON  IN CONNECTION WITH THE SALE, PURCHASE, CONSTRUCTION,
 DEVELOPMENT, OWNERSHIP,  MANAGEMENT,  OR  OPERATION  OF  AN  IMMIGRATION
 DETENTION  FACILITY  THAT  IS  OR WILL BE OWNED, MANAGED OR OPERATED, IN
 WHOLE OR IN PART, BY A PRIVATE ENTITY; OR
   (E) APPROVE A ZONING VARIANCE OR ISSUE A PERMIT FOR  THE  CONSTRUCTION
 OF  A  BUILDING  OR THE REUSE OF EXISTING BUILDINGS OR STRUCTURES BY ANY
 PRIVATE ENTITY FOR USE AS AN IMMIGRATION DETENTION FACILITY.
   3. THE STATE, COUNTY, MUNICIPALITY, A  UNIT  OF  LOCAL  GOVERNMENT,  A
 COUNTY  SHERIFF, OR AN AGENCY, OFFICER, EMPLOYEE, OR AGENT OF THE STATE,
 COUNTY, MUNICIPALITY OR A UNIT OF  LOCAL  GOVERNMENT  WITH  AN  EXISTING
 IMMIGRATION DETENTION AGREEMENT SHALL EXERCISE THE TERMINATION PROVISION
 CONTAINED  IN  THE  IMMIGRATION DETENTION AGREEMENT NO LATER THAN NINETY
 DAYS FROM THE DATE ON WHICH THIS ARTICLE TAKES EFFECT.
   4. NO PERSON, BUSINESS OR PRIVATE ENTITY SHALL OWN OR OPERATE AN IMMI-
 GRATION DETENTION FACILITY WITHIN THE STATE.
   5.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW  TO  THE  CONTRARY
 CONTAINED IN ANY GENERAL, SPECIAL, OR LOCAL LAWS, IN ANY DISPUTE OVER AN
 IMMIGRATION  DETENTION  AGREEMENT WITH THE STATE, THE PROVISIONS OF THIS
 SECTION SHALL GOVERN.
   § 4. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   § 5. This act shall take effect immediately.