S T A T E   O F   N E W   Y O R K
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                                  6642

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 30, 2015
                               ___________

Introduced  by M. of A. LINARES -- read once and referred to the Commit-
  tee on Correction

AN ACT to amend the correction law, in relation to  persons  not  to  be
  detained

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The correction law is amended by adding a new section  71-b
to read as follows:
  S  71-B.  PERSONS  NOT  TO  BE  DETAINED.  1. FOR THE PURPOSES OF THIS
SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "CIVIL IMMIGRATION DETAINER" SHALL MEAN A DETAINER ISSUED PURSUANT
TO 8 C.F.R. 287.7.
  (B) "CONVICTED OF A CRIME"  SHALL  MEAN  A  FINAL  JUDGMENT  OF  GUILT
ENTERED  ON A MISDEMEANOR OR FELONY CHARGE IN ANY OF THE CRIMINAL COURTS
OF THE STATE, AS DEFINED IN SECTION 10.10 OF THE CRIMINAL PROCEDURE LAW,
OR ANY OTHER COURT OF  COMPETENT  JURISDICTION  IN  THE  UNITED  STATES.
PERSONS  ADJUDICATED  AS  YOUTHFUL  OFFENDERS, PURSUANT TO ARTICLE SEVEN
HUNDRED TWENTY OF THE CRIMINAL PROCEDURE LAW OR A  COMPARABLE  PROVISION
OF  FEDERAL LAW OR THE LAW OF ANOTHER STATE, OR JUVENILE DELINQUENTS, AS
DEFINED BY SUBDIVISION ONE OF SECTION 301.2 OF THE FAMILY COURT ACT OR A
COMPARABLE PROVISION OF FEDERAL LAW OR THE LAW OF ANOTHER  STATE,  SHALL
NOT BE CONSIDERED CONVICTED OF A CRIME.
  (C) "FEDERAL IMMIGRATION AUTHORITIES" SHALL MEAN ANY OFFICER, EMPLOYEE
OR PERSON OTHERWISE PAID BY OR ACTING AS AN AGENT OF UNITED STATES IMMI-
GRATION  AND  CUSTOMS  ENFORCEMENT  OR ANY DIVISION THEREOF OR ANY OTHER
OFFICER, EMPLOYEE OR PERSON OTHERWISE PAID BY OR ACTING AS AN  AGENT  OF
THE  UNITED  STATES  DEPARTMENT OF HOMELAND SECURITY WHO IS CHARGED WITH
ENFORCEMENT OF THE CIVIL PROVISIONS OF THE IMMIGRATION  AND  NATIONALITY
ACT.
  (D)  "PENDING  CRIMINAL CASE" SHALL MEAN A CASE IN ANY OF THE CRIMINAL
COURTS OF THE STATE, AS DEFINED IN SECTION 10.10 OF THE CRIMINAL  PROCE-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10217-01-5
              

A. 6642                             2

DURE  LAW,  OR  ANY  OTHER COURT OF COMPETENT JURISDICTION IN THE UNITED
STATES, EXCLUDING THE FAMILY COURT OF THE STATE OR A COMPARABLE COURT IN
ANOTHER JURISDICTION IN THE UNITED STATES, WHERE JUDGMENT HAS  NOT  BEEN
ENTERED  AND  WHERE A MISDEMEANOR OR FELONY CHARGE IS PENDING. ANY INDI-
VIDUAL WHOSE CASE IS DISPOSED OF WITH AN ADJOURNMENT IN CONTEMPLATION OF
DISMISSAL PURSUANT TO SECTION 170.55 OR 170.56 OF THE CRIMINAL PROCEDURE
LAW OR A COMPARABLE PROVISION OF FEDERAL LAW OR THE LAW OF ANOTHER STATE
SHALL NOT BE DEEMED TO BE A DEFENDANT IN A PENDING CRIMINAL CASE. A CASE
IN WHICH THE HIGHEST CHARGE IS A VIOLATION OR A NON-CRIMINAL INFRACTION,
INCLUDING A CASE IN WHICH AN INDIVIDUAL HAS  BEEN  SENTENCED  TO  CONDI-
TIONAL DISCHARGE FOR COMMITTING A VIOLATION OR A NON-CRIMINAL INFRACTION
PURSUANT TO SECTION 410.10 OF THE CRIMINAL PROCEDURE LAW OR A COMPARABLE
PROVISION  OF  FEDERAL  LAW  OR  THE  LAW OF ANOTHER STATE, SHALL NOT BE
DEEMED TO BE A PENDING CRIMINAL CASE.
  (E) "TERRORIST  SCREENING  DATABASE"  SHALL  MEAN  THE  UNITED  STATES
TERRORIST  WATCH LIST OR ANY SIMILAR OR SUCCESSOR LIST MAINTAINED BY THE
UNITED STATES.
  2. (A) THE DEPARTMENT SHALL NOT HONOR A CIVIL IMMIGRATION DETAINER BY:
  (I) HOLDING AN INDIVIDUAL BEYOND THE TIME WHEN SUCH  INDIVIDUAL  WOULD
OTHERWISE  BE  RELEASED  FROM  THE DEPARTMENT'S CUSTODY, EXCEPT FOR SUCH
REASONABLE TIME AS IS NECESSARY TO CONDUCT THE SEARCH SPECIFIED IN PARA-
GRAPH (B) OF THIS SUBDIVISION, OR
  (II) NOTIFYING FEDERAL IMMIGRATION AUTHORITIES  OF  SUCH  INDIVIDUAL'S
RELEASE.
  (B) PARAGRAPH (A) OF THIS SUBDIVISION SHALL NOT APPLY WHEN:
  (I)  A  SEARCH,  CONDUCTED  AT  OR ABOUT THE TIME WHEN SUCH INDIVIDUAL
WOULD OTHERWISE BE RELEASED FROM THE DEPARTMENT'S CUSTODY, OF STATE  AND
FEDERAL  DATABASES,  OR  ANY  SIMILAR  OR  SUCCESSOR DATABASES, ACCESSED
THROUGH THE DIVISION OF CRIMINAL JUSTICE SERVICES  E-JUSTICENY  COMPUTER
APPLICATION, OR ANY SIMILAR OR SUCCESSOR COMPUTER APPLICATION MAINTAINED
BY THE STATE, INDICATES THAT SUCH INDIVIDUAL:
  (A) HAS BEEN CONVICTED OF A CRIME;
  (B) IS A DEFENDANT IN A PENDING CRIMINAL CASE;
  (C) HAS AN OUTSTANDING CRIMINAL WARRANT IN THE STATE OR ANOTHER JURIS-
DICTION IN THE UNITED STATES;
  (D)  IS  IDENTIFIED  AS  A  KNOWN  GANG  MEMBER IN THE DATABASE OF THE
NATIONAL CRIME INFORMATION CENTER OR ANY SIMILAR OR  SUCCESSOR  DATABASE
MAINTAINED BY THE UNITED STATES; OR
  (E) IS IDENTIFIED AS A POSSIBLE MATCH IN THE TERRORIST SCREENING DATA-
BASE.
  (II)  THE  SEARCH CONDUCTED PURSUANT TO SUBPARAGRAPH (I) OF THIS PARA-
GRAPH INDICATES, OR THE DEPARTMENT HAS BEEN INFORMED  BY  FEDERAL  IMMI-
GRATION AUTHORITIES, THAT SUCH INDIVIDUAL:
  (A)  HAS AN OUTSTANDING WARRANT OF REMOVAL ISSUED PURSUANT TO 8 C.F.R.
241.2; OR
  (B) IS OR HAS PREVIOUSLY BEEN SUBJECT TO  A  FINAL  ORDER  OF  REMOVAL
PURSUANT TO 8 C.F.R. 1241.1.
  (C) NOTHING IN THIS SECTION SHALL AFFECT THE OBLIGATION OF THE DEPART-
MENT  TO MAINTAIN THE CONFIDENTIALITY OF ANY INFORMATION OBTAINED PURSU-
ANT TO SUBDIVISION TWO OF THIS SECTION.
  3. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO CONFER ANY  AUTHORITY
ON  ANY ENTITY TO HOLD INDIVIDUALS ON CIVIL IMMIGRATION DETAINERS BEYOND
THE AUTHORITY, IF ANY, THAT EXISTED  PRIOR  TO  THE  ENACTMENT  OF  THIS
SECTION.
  4.  NO LATER THAN THE THIRTIETH OF SEPTEMBER, TWO THOUSAND SIXTEEN AND
NO LATER THAN THE THIRTIETH OF SEPTEMBER OF EACH  YEAR  THEREAFTER,  THE

A. 6642                             3

DEPARTMENT  SHALL  POST A REPORT ON THE DEPARTMENT WEBSITE THAT INCLUDES
THE FOLLOWING INFORMATION FOR THE PRECEDING TWELVE MONTH PERIOD:
  (A)  THE  NUMBER  OF  INDIVIDUALS  HELD  PURSUANT TO CIVIL IMMIGRATION
DETAINERS BEYOND THE  TIME  WHEN  SUCH  INDIVIDUAL  WOULD  OTHERWISE  BE
RELEASED FROM THE DEPARTMENT'S CUSTODY;
  (B)  THE  NUMBER  OF INDIVIDUALS TRANSFERRED TO THE CUSTODY OF FEDERAL
IMMIGRATION AUTHORITIES PURSUANT TO CIVIL IMMIGRATION DETAINERS;
  (C) THE NUMBER OF INDIVIDUALS TRANSFERRED TO THE  CUSTODY  OF  FEDERAL
IMMIGRATION  AUTHORITIES PURSUANT TO CIVIL IMMIGRATION DETAINERS WHO HAD
AT LEAST ONE FELONY CONVICTION;
  (D) THE NUMBER OF INDIVIDUALS TRANSFERRED TO THE  CUSTODY  OF  FEDERAL
IMMIGRATION  AUTHORITIES PURSUANT TO CIVIL IMMIGRATION DETAINERS WHO HAD
AT LEAST ONE MISDEMEANOR CONVICTION BUT NO FELONY CONVICTIONS;
  (E) THE NUMBER OF INDIVIDUALS TRANSFERRED TO THE  CUSTODY  OF  FEDERAL
IMMIGRATION  AUTHORITIES PURSUANT TO CIVIL IMMIGRATION DETAINERS WHO HAD
NO MISDEMEANOR OR FELONY CONVICTIONS;
  (F) THE NUMBER OF INDIVIDUALS TRANSFERRED TO THE  CUSTODY  OF  FEDERAL
IMMIGRATION  AUTHORITIES PURSUANT TO CIVIL IMMIGRATION DETAINERS WHO HAD
NO MISDEMEANOR OR FELONY CONVICTIONS AND WERE IDENTIFIED AS  KNOWN  GANG
MEMBERS  IN  THE  DATABASE OF THE NATIONAL CRIME INFORMATION CENTER OR A
SUCCESSOR DATABASE MAINTAINED BY THE UNITED STATES;
  (G) THE NUMBER OF INDIVIDUALS TRANSFERRED TO THE  CUSTODY  OF  FEDERAL
IMMIGRATION  AUTHORITIES PURSUANT TO CIVIL IMMIGRATION DETAINERS WHO HAD
NO MISDEMEANOR OR FELONY CONVICTIONS AND  WERE  IDENTIFIED  AS  POSSIBLE
MATCHES IN THE TERRORIST SCREENING DATABASE;
  (H)  THE  NUMBER  OF INDIVIDUALS TRANSFERRED TO THE CUSTODY OF FEDERAL
IMMIGRATION AUTHORITIES PURSUANT TO CIVIL IMMIGRATION DETAINERS WHO  HAD
NO  MISDEMEANOR OR FELONY CONVICTIONS AND WERE IDENTIFIED AS BOTH POSSI-
BLE MATCHES IN THE TERRORIST SCREENING DATABASE AND KNOWN  GANG  MEMBERS
IN  THE DATABASE OF THE NATIONAL CRIME INFORMATION CENTER OR A SUCCESSOR
DATABASE MAINTAINED BY THE UNITED STATES;
  (I) THE NUMBER OF INDIVIDUALS TRANSFERRED TO THE  CUSTODY  OF  FEDERAL
IMMIGRATION  AUTHORITIES PURSUANT TO CIVIL IMMIGRATION DETAINERS WHO HAD
NO MISDEMEANOR OR FELONY CONVICTIONS AND WERE DEFENDANTS  IN  A  PENDING
CRIMINAL CASE;
  (J)  THE  AMOUNT  OF STATE CRIMINAL ALIEN ASSISTANCE FUNDING REQUESTED
AND RECEIVED FROM THE FEDERAL GOVERNMENT; AND
  (K) THE NUMBER OF INDIVIDUALS FOR  WHOM  CIVIL  IMMIGRATION  DETAINERS
WERE NOT HONORED PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that effective immediate-
ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
necessary for the implementation of this act on its  effective  date  is
authorized  and  directed  to  be  made  and completed on or before such
effective date.