Assembly Bill A4964

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4964
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 6, 2019
                                ___________
 
 Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
   Committee on Governmental Operations
 
 AN ACT to amend the executive law and the correction law, in relation to
   enacting the New York Values Act providing  for  a  clear  distinction
   between New York law enforcement and federal immigration enforcement

   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  "New  York
 values act".
   §  2.  Legislative findings. The legislature hereby finds and declares
 the following:
   1. Immigrants are valuable and essential to the fabric and the identi-
 ty of New York.  Approximately one in five New Yorkers is  foreign  born
 and  approximately  one  in  three children in New York has at least one
 foreign born parent.
   2. A relationship of trust between New York's immigrant community  and
 state  and  local  agencies  is critical to the public safety of all New
 Yorkers and those who visit our state.
   3. This trust is threatened when state and local agencies  are  entan-
 gled  with  federal immigration enforcement. New Yorkers are less secure
 when fewer immigrants seek basic services out of  fear  of  encountering
 immigration enforcement. No New Yorker should be so dissuaded that he or
 she  is  afraid  to approach law enforcement when they are victims of or
 witnesses to crimes, to seek medical care, or to attend  or  drop  their
 children off at school.
   4.  Entangling  state  and  local  agencies  with  federal immigration
 enforcement programs diverts already limited state and  local  resources
 and  blurs the lines of accountability between local, state, and federal
 governments.
   5. State and local participation in  federal  immigration  enforcement
 programs  also  raises  constitutional  concerns, including the prospect
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03019-01-9

 A. 4964                             2
 
 that New Yorkers could be detained in violation  of  section  twelve  of
 article  one of the constitution of the state of New York and the fourth
 amendment to the constitution of the  United  States,  targeted  on  the
 basis  of race or ethnicity in violation of the equal protection clauses
 of the constitutions of New York and the United States, or denied access
 to education based on immigration status.
   6. This act seeks to ensure effective policing, to protect the safety,
 well-being, and constitutional rights of all New Yorkers, and to  direct
 the  state's  limited  resources to matters of greatest concern to state
 and local governments.
   § 3. The executive law is amended by adding a new article 11-A to read
 as follows:
                               ARTICLE 11-A
                              NEW YORK VALUES
 SECTION 233. DEFINITIONS.
         234. NEW YORK VALUES.
         235. SPECIAL PROVISIONS GOVERNING INTERACTION BETWEEN  NEW  YORK
                LAW ENFORCEMENT AND IMMIGRATION AND CUSTOMS ENFORCEMENT.
         236. MODEL POLICIES.
         237. ENFORCEMENT BY ATTORNEY GENERAL.
   §  233. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1. "NEW YORK LAW ENFORCEMENT AGENCY" MEANS THE STATE POLICE  INCLUDING
 UNIVERSITY  POLICE OF THE STATE OF NEW YORK AND ANY AGENCY OF A VILLAGE,
 TOWN, CITY, COUNTY, SPECIAL DISTRICT, OR OTHER POLITICAL SUBDIVISION  OF
 THE  STATE THAT IS AUTHORIZED TO ENFORCE CRIMINAL STATUTES, REGULATIONS,
 OR LOCAL ORDINANCES; OR TO OPERATE JAILS OR TO MAINTAIN CUSTODY OF INDI-
 VIDUALS IN JAILS; OR TO OPERATE  JUVENILE  DETENTION  FACILITIES  OR  TO
 MAINTAIN  CUSTODY OF INDIVIDUALS IN JUVENILE DETENTION FACILITIES; OR TO
 MONITOR COMPLIANCE WITH PROBATION OR PAROLE CONDITIONS.
   2. "CIVIL IMMIGRATION DETAINER" SHALL MEAN AN  ADMINISTRATIVE  REQUEST
 ISSUED PURSUANT TO 8 CFR 287.7 OR ANY SIMILAR REQUEST ISSUED BY AN AGEN-
 CY OR AGENT OF THE UNITED STATES FOR THE DETENTION OF A PERSON SUSPECTED
 OF VIOLATING THE IMMIGRATION LAW OF THE UNITED STATES.
   3.  "FEDERAL  IMMIGRATION  AUTHORITY"  MEANS ANY OFFICER, EMPLOYEE, OR
 PERSON OTHERWISE PAID BY OR ACTING AS AN  AGENT  OF  THE  UNITED  STATES
 IMMIGRATION  AND CUSTOMS ENFORCEMENT OR UNITED STATES CUSTOMS AND BORDER
 PROTECTION, 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 IMMIGRATION ENFORCE-
 MENT.
   4. "HEALTH FACILITY" MEANS ANY PHYSICAL LOCATION WHERE A  HEALTH  CARE
 PRACTITIONER  OR  ANY  OTHER  PURVEYOR  OF  HEALTH  SERVICES PERFORMS OR
 CONDUCTS SERVICES.
   5. "HOLD REQUEST" MEANS A FEDERAL IMMIGRATION AND CUSTOMS  ENFORCEMENT
 REQUEST THAT A LOCAL LAW ENFORCEMENT AGENCY MAINTAIN CUSTODY OF AN INDI-
 VIDUAL  CURRENTLY  IN ITS CUSTODY BEYOND THE TIME HE OR SHE WOULD OTHER-
 WISE BE ELIGIBLE FOR RELEASE IN ORDER TO FACILITATE  TRANSFER  TO  IMMI-
 GRATION AND CUSTOMS ENFORCEMENT.
   6. "NOTIFICATION REQUEST" MEANS AN IMMIGRATION AND CUSTOMS ENFORCEMENT
 REQUEST  THAT  A  LOCAL  LAW  ENFORCEMENT  AGENCY INFORM IMMIGRATION AND
 CUSTOMS ENFORCEMENT OF THE RELEASE DATE  AND  TIME  IN  ADVANCE  OF  THE
 PUBLIC OF AN INDIVIDUAL IN ITS CUSTODY.
   7.  "TRANSFER  REQUEST"  MEANS  AN IMMIGRATION AND CUSTOMS ENFORCEMENT
 REQUEST THAT A LOCAL LAW ENFORCEMENT AGENCY FACILITATE THE  TRANSFER  OF
 AN INDIVIDUAL IN ITS CUSTODY TO IMMIGRATION AND CUSTOMS ENFORCEMENT.

 A. 4964                             3
 
   8.  "IMMIGRATION ENFORCEMENT" INCLUDES ANY AND ALL EFFORTS TO INVESTI-
 GATE, ENFORCE, OR ASSIST IN THE  INVESTIGATION  OR  ENFORCEMENT  OF  ANY
 FEDERAL  CIVIL IMMIGRATION LAW, AND ALSO INCLUDES ANY AND ALL EFFORTS TO
 INVESTIGATE, ENFORCE, OR ASSIST IN THE INVESTIGATION OR  ENFORCEMENT  OF
 ANY  FEDERAL CRIMINAL IMMIGRATION LAW THAT PENALIZES A PERSON'S PRESENCE
 IN, ENTRY, REENTRY, OR EMPLOYMENT IN THE UNITED STATES. THE TERM  "IMMI-
 GRATION  ENFORCEMENT"  DOES  NOT  INCLUDE:  (A)  EFFORTS TO INVESTIGATE,
 ENFORCE, OR ASSIST IN THE INVESTIGATION OR ENFORCEMENT OF A VIOLATION OF
 8 USC 1326(A) THAT MAY BE SUBJECT TO THE ENHANCEMENT SPECIFIED IN 8  USC
 1326  (B)(2)  AND  THAT  IS DETECTED DURING AN UNRELATED LAW ENFORCEMENT
 ACTIVITY, OR
   (B) TRANSFERRING AN INDIVIDUAL TO FEDERAL IMMIGRATION AUTHORITIES  FOR
 VIOLATION  OF 8 USC 1326(A) THAT IS SUBJECT TO THE ENHANCEMENT SPECIFIED
 IN 8 USC 1326(B) IF THE INDIVIDUAL HAS BEEN PREVIOUSLY  CONVICTED  OF  A
 VIOLENT FELONY LISTED IN SECTION 70.02 OF THE PENAL LAW.
   9. "JOINT LAW ENFORCEMENT TASK FORCE" MEANS A NEW YORK LAW ENFORCEMENT
 AGENCY  COLLABORATING,  ENGAGING,  OR  PARTNERING  WITH  A  FEDERAL  LAW
 ENFORCEMENT AGENCY IN INVESTIGATING, INTERROGATING,  DETAINING,  DETECT-
 ING, OR ARRESTING PERSONS FOR VIOLATIONS OF FEDERAL OR STATE CRIMES.
   10.  "JUDICIAL  WARRANT"  MEANS  A WARRANT BASED ON PROBABLE CAUSE AND
 ISSUED BY A FEDERAL JUDGE OR FEDERAL MAGISTRATE  JUDGE  THAT  AUTHORIZES
 FEDERAL  IMMIGRATION  AUTHORITIES TO TAKE INTO CUSTODY THE PERSON WHO IS
 THE SUBJECT OF THE WARRANT.
   11. "PUBLIC  SCHOOLS"  MEANS  ALL  PUBLIC  ELEMENTARY,  SECONDARY  AND
 COLLEGE-LEVEL SCHOOLS IN THE STATE.
   § 234. NEW YORK VALUES. 1. NEW YORK LAW ENFORCEMENT AGENCIES SHALL NOT
 DO ANY OF THE FOLLOWING:
   (A)  USE  AGENCY OR DEPARTMENT MONEY, FACILITIES, PROPERTY, EQUIPMENT,
 OR PERSONNEL TO INVESTIGATE,  INTERROGATE,  DETAIN,  DETECT,  OR  ARREST
 PERSONS  FOR IMMIGRATION ENFORCEMENT PURPOSES INCLUDING, BUT NOT LIMITED
 TO, ANY OF THE FOLLOWING:
   (1) INQUIRING INTO AN INDIVIDUAL'S IMMIGRATION STATUS.
   (2) DETAINING AN INDIVIDUAL ON THE BASIS OF A HOLD REQUEST.
   (3) RESPONDING TO REQUESTS FOR NOTIFICATION BY PROVIDING RELEASE DATES
 OR OTHER INFORMATION UNLESS THAT INFORMATION IS AVAILABLE TO THE PUBLIC.
   (4) PROVIDING INFORMATION REGARDING A  PERSON'S  RELEASE  DATE  UNLESS
 THAT INFORMATION IS AVAILABLE TO THE PUBLIC.
   (5) PROVIDING PERSONAL INFORMATION ABOUT AN INDIVIDUAL, INCLUDING, BUT
 NOT  LIMITED  TO,  THE  INDIVIDUAL'S HOME ADDRESS OR WORK ADDRESS UNLESS
 THAT INFORMATION IS AVAILABLE TO THE PUBLIC.
   (6) MAKING ARRESTS BASED ON CIVIL IMMIGRATION DETAINERS.
   (7) GIVING FEDERAL IMMIGRATION  AUTHORITIES  ACCESS  TO  INTERVIEW  AN
 INDIVIDUAL  IN  AGENCY OR DEPARTMENT CUSTODY, EXCEPT PURSUANT TO A JUDI-
 CIAL WARRANT, AND IN ACCORDANCE WITH SECTION TWO HUNDRED THIRTY-FIVE  OF
 THIS ARTICLE.
   (8)  ASSISTING  FEDERAL  IMMIGRATION  AUTHORITIES  IN  THE  ACTIVITIES
 DESCRIBED IN 8 USC 1357(A)(3).
   (9) PERFORMING THE FUNCTIONS OF AN IMMIGRATION OFFICER, WHETHER PURSU-
 ANT TO 8 USC 1357(G) OR ANY OTHER LAW,  REGULATION  OR  POLICY,  WHETHER
 FORMAL OR INFORMAL.
   (B)  MAKE  AGENCY  OR  DEPARTMENT DATABASES, INCLUDING DATABASES MAIN-
 TAINED FOR THE AGENCY OR DEPARTMENT BY PRIVATE VENDORS, OR THE  INFORMA-
 TION  THEREIN  OTHER THAN INFORMATION REGARDING AN INDIVIDUAL'S CITIZEN-
 SHIP OR IMMIGRATION STATUS, AVAILABLE TO ANYONE OR ANY  ENTITY  FOR  THE
 PURPOSE  OF  IMMIGRATION ENFORCEMENT. ANY AGREEMENTS IN EXISTENCE ON THE
 DATE THAT THIS SECTION BECOMES EFFECTIVE THAT CONFLICT WITH THE TERMS OF

 A. 4964                             4
 
 THIS PARAGRAPH ARE TERMINATED ON SUCH DATE. A PERSON OR ENTITY  PROVIDED
 ACCESS  TO  AGENCY OR DEPARTMENT DATABASES SHALL CERTIFY IN WRITING THAT
 THE DATABASE WILL NOT  BE  USED  FOR  ANY  PURPOSE  PROHIBITED  BY  THIS
 SECTION.
   (C)  PLACE PEACE OFFICERS UNDER THE SUPERVISION OF FEDERAL AGENCIES OR
 EMPLOY PEACE OFFICERS DEPUTIZED AS SPECIAL FEDERAL OFFICERS  OR  SPECIAL
 FEDERAL  DEPUTIES  EXCEPT  TO  THE  EXTENT  THOSE  PEACE OFFICERS REMAIN
 SUBJECT TO NEW YORK LAW GOVERNING CONDUCT  OF  PEACE  OFFICERS  AND  THE
 POLICIES OF THE EMPLOYING AGENCY.
   (D)  USE  FEDERAL  IMMIGRATION  AUTHORITIES  AS  INTERPRETERS  FOR LAW
 ENFORCEMENT MATTERS RELATING TO  INDIVIDUALS  IN  AGENCY  OR  DEPARTMENT
 CUSTODY.
   (E)  TRANSFER  AN INDIVIDUAL TO FEDERAL IMMIGRATION AUTHORITIES UNLESS
 AUTHORIZED BY A JUDICIAL WARRANT OR FOR A VIOLATION OF USC 1326(A)  THAT
 IS SUBJECT TO THE ENHANCEMENT SPECIFIED IN USC 1326 (B)(2) AND THE INDI-
 VIDUAL  HAS  BEEN  PREVIOUSLY  CONVICTED  OF  A VIOLENT FELONY LISTED IN
 SECTION 70.02 OF THE PENAL LAW.
   2. NOTWITHSTANDING THE LIMITATIONS OF SUBDIVISION ONE OF THIS SECTION,
 NOTHING IN THIS SECTION SHALL PREVENT ANY NEW YORK LAW ENFORCEMENT AGEN-
 CY FROM DOING ANY OF THE FOLLOWING:
   (A) RESPONDING TO A REQUEST FROM FEDERAL IMMIGRATION AUTHORITIES ABOUT
 A  SPECIFIC  PERSON'S  CRIMINAL  HISTORY,  INCLUDING  PREVIOUS  CRIMINAL
 ARRESTS,  CONVICTIONS,  AND  SIMILAR CRIMINAL HISTORY INFORMATION, WHERE
 OTHERWISE PERMITTED BY STATE LAW.
   (B) PARTICIPATING IN A JOINT LAW ENFORCEMENT TASK FORCE,  SO  LONG  AS
 THE PRIMARY PURPOSE OF THE JOINT LAW ENFORCEMENT TASK FORCE IS NOT IMMI-
 GRATION  ENFORCEMENT,  AS  DEFINED  IN  SUBDIVISION EIGHT OF SECTION TWO
 HUNDRED THIRTY-THREE OF THIS ARTICLE,  AND  PARTICIPATION  IN  THE  TASK
 FORCE  BY  A  NEW YORK LAW ENFORCEMENT AGENCY DOES NOT VIOLATE ANY LOCAL
 LAW OR POLICY OF THE JURISDICTION IN WHICH THE AGENCY IS OPERATING.
   (C) MAKING INQUIRIES INTO INFORMATION NECESSARY TO CERTIFY AN INDIVID-
 UAL WHO HAS BEEN IDENTIFIED AS A POTENTIAL CRIME OR  TRAFFICKING  VICTIM
 FOR  A  T  OR  U  VISA PURSUANT TO SECTION 8 USC 1011(A)(15)(T) OR 8 USC
 1101(A)(15)(U), TO COMPLY WITH 18 USC 922(D)(5), OR TO REFER  THE  INDI-
 VIDUAL FOR SERVICES FROM THE OFFICE FOR NEW AMERICANS ESTABLISHED PURSU-
 ANT TO SECTION NINETY-FOUR B OF THIS CHAPTER.
   (D)  RESPONDING  TO  A  NOTIFICATION  REQUEST FROM FEDERAL IMMIGRATION
 AUTHORITIES FOR A PERSON WHO IS SERVING A TERM FOR THE CONVICTION  OF  A
 MISDEMEANOR  OR FELONY OFFENSE AND HAS A CURRENT OR PRIOR CONVICTION FOR
 A VIOLENT FELONY LISTED IN SECTION 70.02 OF THE PENAL LAW, PROVIDED THAT
 RESPONSE WOULD NOT VIOLATE ANY LOCAL LAW OR POLICY.
   3. IF A NEW YORK LAW ENFORCEMENT AGENCY CHOOSES TO  PARTICIPATE  IN  A
 JOINT  LAW  ENFORCEMENT  TASK  FORCE, IT SHALL SUBMIT A REPORT EVERY SIX
 MONTHS TO THE ATTORNEY GENERAL, AS SPECIFIED BY  THE  ATTORNEY  GENERAL.
 THE  REPORT  SHALL  DETAIL FOR EACH TASK FORCE OPERATION, THE PURPOSE OF
 THE TASK FORCE, THE FEDERAL, STATE, AND LOCAL LAW  ENFORCEMENT  AGENCIES
 INVOLVED,  THE  NUMBER  OF  NEW  YORK  LAW  ENFORCEMENT AGENCY PERSONNEL
 INVOLVED, A DESCRIPTION OF  ARRESTS  MADE  FOR  ANY  FEDERAL  AND  STATE
 CRIMES,  AND  A  DESCRIPTION  OF THE NUMBER OF PEOPLE ARRESTED FOR IMMI-
 GRATION ENFORCEMENT PURPOSES.   THE REPORTING  AGENCY  OR  THE  ATTORNEY
 GENERAL  MAY  DETERMINE  A  REPORT,  IN  WHOLE  OR IN PART, SHALL NOT BE
 SUBJECT TO DISCLOSURE PURSUANT TO ARTICLE SIX  OF  THE  PUBLIC  OFFICERS
 LAW,  TO  THE EXTENT THAT DISCLOSURE OF A PARTICULAR ITEM OF INFORMATION
 WOULD ENDANGER THE SAFETY OF A PERSON INVOLVED IN THE  INVESTIGATION  OR
 WOULD  ENDANGER  THE  SUCCESSFUL  COMPLETION  OF  THE INVESTIGATION OR A
 RELATED INVESTIGATION.

 A. 4964                             5
 
   4. THE ATTORNEY GENERAL, WITHIN FOURTEEN MONTHS OF THE EFFECTIVE  DATE
 OF  THIS  SECTION  THAT ADDED THIS ARTICLE, AND TWICE A YEAR THEREAFTER,
 SHALL REPORT ON THE TYPES AND FREQUENCY OF JOINT  LAW  ENFORCEMENT  TASK
 FORCES.  THE REPORT SHALL INCLUDE, FOR THE REPORTING PERIOD, ASSESSMENTS
 ON  COMPLIANCE  WITH PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION, A
 LIST OF ALL NEW YORK LAW ENFORCEMENT AGENCIES THAT PARTICIPATE IN  JOINT
 LAW ENFORCEMENT TASK FORCES, A LIST OF JOINT LAW ENFORCEMENT TASK FORCES
 FOR  THE VIOLATION OF FEDERAL OR STATE CRIMES, AND THE NUMBER OF ARRESTS
 MADE ASSOCIATED WITH JOINT LAW ENFORCEMENT TASK FORCES FOR THE  PURPOSES
 OF  IMMIGRATION  ENFORCEMENT  BY  ALL TASK FORCE PARTICIPANTS, INCLUDING
 FEDERAL LAW ENFORCEMENT AGENCIES.  THE ATTORNEY GENERAL SHALL  POST  THE
 REPORTS REQUIRED BY THIS SUBDIVISION ON THE ATTORNEY GENERAL'S WEBSITE.
   5.  NOTWITHSTANDING  ANY  OTHER  LAW, IN NO EVENT SHALL A NEW YORK LAW
 ENFORCEMENT AGENCY TRANSFER AN INDIVIDUAL TO FEDERAL IMMIGRATION AUTHOR-
 ITIES FOR PURPOSES OF IMMIGRATION ENFORCEMENT OR DETAIN AN INDIVIDUAL AT
 THE REQUEST OF FEDERAL IMMIGRATION AUTHORITIES  FOR  PURPOSES  OF  IMMI-
 GRATION  ENFORCEMENT  ABSENT  A  JUDICIAL WARRANT, EXCEPT AS PROVIDED IN
 PARAGRAPH (D) OF SUBDIVISION TWO OF THIS SECTION. THIS SUBDIVISION SHALL
 NOT LIMIT THE SCOPE OF SUBDIVISION ONE OF THIS SECTION.
   § 235. SPECIAL PROVISIONS GOVERNING INTERACTION BETWEEN NEW  YORK  LAW
 ENFORCEMENT  AND  IMMIGRATION AND CUSTOMS ENFORCEMENT.  1. IN ADVANCE OF
 ANY INTERVIEW BETWEEN IMMIGRATION ENFORCEMENT AND AN INDIVIDUAL IN LOCAL
 LAW ENFORCEMENT CUSTODY  REGARDING  CIVIL  IMMIGRATION  VIOLATIONS,  THE
 LOCAL LAW ENFORCEMENT ENTITY SHALL PROVIDE THE INDIVIDUAL WITH A WRITTEN
 CONSENT FORM THAT EXPLAINS THE PURPOSE OF THE INTERVIEW, THAT THE INTER-
 VIEW  IS  VOLUNTARY, AND THAT HE OR SHE MAY DECLINE TO BE INTERVIEWED OR
 MAY CHOOSE TO BE INTERVIEWED ONLY WITH HIS OR HER ATTORNEY PRESENT.  THE
 WRITTEN CONSENT FORM SHALL BE AVAILABLE  IN  ENGLISH,  SPANISH,  SPANISH
 CREOLE,  CHINESE,  JAMAICAN  PATOIS,  HAITIAN  CREOLE,  FRENCH,  POLISH,
 GERMAN,  ITALIAN,  PORTUGUESE,  RUSSIAN,  YIDDISH,  HEBREW,   HUNGARIAN,
 ARABIC,  PERSIAN,  HINDI, URDU, GUJARATI, TAGALOG, VIETNAMESE, JAPANESE,
 AND KOREAN AND AS OTHERWISE REQUIRED BY LAW.
   2. UPON  RECEIVING  ANY  IMMIGRATION  AND  CUSTOMS  ENFORCEMENT  HOLD,
 NOTIFICATION,  OR  TRANSFER  REQUEST,  THE  LOCAL LAW ENFORCEMENT AGENCY
 SHALL PROVIDE A COPY OF THE REQUEST TO THE INDIVIDUAL AND INFORM HIM  OR
 HER  WHETHER  THE  LAW  ENFORCEMENT  AGENCY  INTENDS  TO COMPLY WITH THE
 REQUEST. IF A LOCAL LAW  ENFORCEMENT  AGENCY  PROVIDES  IMMIGRATION  AND
 CUSTOMS  ENFORCEMENT  WITH  NOTIFICATION THAT AN INDIVIDUAL IS BEING, OR
 WILL BE, RELEASED ON A CERTAIN DATE, THE LOCAL  LAW  ENFORCEMENT  AGENCY
 SHALL  PROMPTLY PROVIDE THE SAME NOTIFICATION IN WRITING TO THE INDIVID-
 UAL AND TO HIS OR HER ATTORNEY OR TO ONE ADDITIONAL PERSON WHO THE INDI-
 VIDUAL SHALL BE PERMITTED TO DESIGNATE.
   3. ALL RECORDS RELATING TO IMMIGRATION AND CUSTOMS ENFORCEMENT  ACCESS
 PROVIDED  BY LOCAL LAW ENFORCEMENT AGENCIES, INCLUDING ALL COMMUNICATION
 WITH IMMIGRATION AND CUSTOMS ENFORCEMENT, SHALL BE  PUBLIC  RECORDS  FOR
 PURPOSES  OF  ARTICLE  SIX  OF  THE  PUBLIC  OFFICERS LAW, INCLUDING THE
 EXEMPTIONS PROVIDED BY SUCH ARTICLE AND, AS PERMITTED UNDER  SUCH  ARTI-
 CLE,  PERSONAL  IDENTIFYING  INFORMATION MAY BE REDACTED PRIOR TO PUBLIC
 DISCLOSURE. RECORDS RELATING  TO  IMMIGRATION  AND  CUSTOMS  ENFORCEMENT
 ACCESS INCLUDE, BUT ARE NOT LIMITED TO, DATA MAINTAINED BY THE LOCAL LAW
 ENFORCEMENT  AGENCY REGARDING THE NUMBER AND DEMOGRAPHIC CHARACTERISTICS
 OF INDIVIDUALS TO WHOM THE AGENCY HAS PROVIDED IMMIGRATION  AND  CUSTOMS
 ENFORCEMENT  ACCESS, THE DATE IMMIGRATION AND CUSTOMS ENFORCEMENT ACCESS
 WAS PROVIDED, AND WHETHER THE IMMIGRATION AND CUSTOMS ENFORCEMENT ACCESS
 WAS PROVIDED THROUGH  A  HOLD,  TRANSFER,  OR  NOTIFICATION  REQUEST  OR
 THROUGH OTHER MEANS.

 A. 4964                             6
 
   4.  BEGINNING  JANUARY FIRST, TWO THOUSAND TWENTY, THE LOCAL GOVERNING
 BODY OF ANY COUNTY, CITY, OR CITY  AND  COUNTY  IN  WHICH  A  LOCAL  LAW
 ENFORCEMENT  AGENCY  HAS  PROVIDED  IMMIGRATION  AND CUSTOMS ENFORCEMENT
 ACCESS TO AN INDIVIDUAL DURING THE LAST YEAR SHALL  HOLD  AT  LEAST  ONE
 COMMUNITY  FORUM  DURING THE FOLLOWING YEAR, THAT IS OPEN TO THE PUBLIC,
 IN AN ACCESSIBLE LOCATION, AND WITH AT  LEAST  THIRTY  DAYS'  NOTICE  TO
 PROVIDE INFORMATION TO THE PUBLIC ABOUT IMMIGRATION AND CUSTOMS ENFORCE-
 MENT  ACCESS  TO INDIVIDUALS AND TO RECEIVE AND CONSIDER PUBLIC COMMENT.
 AS PART OF THIS FORUM, THE LOCAL LAW ENFORCEMENT AGENCY MAY PROVIDE  THE
 GOVERNING  BODY  WITH  DATA  IT MAINTAINS REGARDING THE NUMBER AND DEMO-
 GRAPHIC CHARACTERISTICS OF INDIVIDUALS TO WHOM THE AGENCY  HAS  PROVIDED
 IMMIGRATION  AND  CUSTOMS  ENFORCEMENT  ACCESS, THE DATE IMMIGRATION AND
 CUSTOMS ENFORCEMENT ACCESS WAS PROVIDED, AND WHETHER THE IMMIGRATION AND
 CUSTOMS ENFORCEMENT ACCESS WAS PROVIDED THROUGH  A  HOLD,  TRANSFER,  OR
 NOTIFICATION REQUEST OR THROUGH OTHER MEANS. DATA MAY BE PROVIDED IN THE
 FORM  OF  STATISTICS  OR,  IF  STATISTICS ARE NOT MAINTAINED, INDIVIDUAL
 RECORDS, PROVIDED THAT  PERSONALLY  IDENTIFIABLE  INFORMATION  SHALL  BE
 REDACTED.
   §  236.  MODEL  POLICIES.  WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF
 THIS SECTION, IN CONSULTATION WITH THE APPROPRIATE  STAKEHOLDERS,  SHALL
 PUBLISH  MODEL POLICIES LIMITING ASSISTANCE WITH IMMIGRATION ENFORCEMENT
 TO THE FULLEST EXTENT POSSIBLE CONSISTENT WITH FEDERAL AND STATE LAW  AT
 PUBLIC  SCHOOLS,  PUBLIC  LIBRARIES,  HEALTH  FACILITIES OPERATED BY THE
 STATE OR A POLITICAL SUBDIVISION OF THE STATE,  COURTHOUSES,  DEPARTMENT
 OF LABOR FACILITIES AND SHELTERS, AND ENSURING THAT THEY REMAIN SAFE AND
 ACCESSIBLE  TO  ALL  NEW  YORKERS, REGARDLESS OF IMMIGRATION STATUS. ALL
 PUBLIC SCHOOLS, HEALTH FACILITIES OPERATED BY THE STATE OR  A  POLITICAL
 SUBDIVISION  OF THE STATE, AND COURTHOUSES SHALL IMPLEMENT A MODEL POLI-
 CY, OR AN EQUIVALENT POLICY. ALL OTHER ORGANIZATIONS AND  ENTITIES  THAT
 PROVIDE  SERVICES  RELATED  TO  PHYSICAL  OR MENTAL HEALTH AND WELLNESS,
 EDUCATION, OR ACCESS TO JUSTICE, INCLUDING THE STATE UNIVERSITY  OF  NEW
 YORK, ARE ENCOURAGED TO ADOPT THE MODEL POLICY.
   § 237. ENFORCEMENT BY ATTORNEY GENERAL. IN ADDITION TO THE OTHER REME-
 DIES  PROVIDED,  WHENEVER  THERE  SHALL  BE A VIOLATION OF THIS ARTICLE,
 APPLICATION MAY BE MADE BY THE ATTORNEY  GENERAL  IN  THE  NAME  OF  THE
 PEOPLE  OF  THE STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDIC-
 TION BY A SPECIAL PROCEEDING TO ISSUE AN INJUNCTION, AND UPON NOTICE  TO
 THE  DEFENDANT  OF  NOT  LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE
 CONTINUANCE OF SUCH VIOLATIONS; AND IF IT SHALL APPEAR TO THE  SATISFAC-
 TION  OF  THE COURT OR JUSTICE THAT THE DEFENDANT HAS, IN FACT, VIOLATED
 THIS ARTICLE, AN INJUNCTION MAY BE ISSUED  BY  SUCH  COURT  OR  JUSTICE,
 ENJOINING AND RESTRAINING ANY FURTHER VIOLATION, WITHOUT REQUIRING PROOF
 THAT  ANY  PERSON  HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY. IN ANY
 SUCH PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO THE  ATTORNEY  GENERAL
 AS  PROVIDED IN PARAGRAPH SIX OF SUBDIVISION (A) OF SECTION EIGHTY-THREE
 HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES, AND  DIRECT  RESTITU-
 TION.  WHENEVER THE COURT SHALL DETERMINE THAT A VIOLATION OF THIS ARTI-
 CLE HAS OCCURRED, THE COURT SHALL IMPOSE A CIVIL  PENALTY  OF  NOT  LESS
 THAN  ONE  THOUSAND DOLLARS AND NOT MORE THAN THREE THOUSAND DOLLARS FOR
 EACH VIOLATION. IN CONNECTION WITH ANY SUCH  PROPOSED  APPLICATION,  THE
 ATTORNEY GENERAL IS AUTHORIZED TO TAKE PROOF AND MAKE A DETERMINATION OF
 THE  RELEVANT  FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL
 PRACTICE LAW AND RULES.
   § 4. Section 147 of the correction law, as amended by chapter  476  of
 the laws of 1970, is amended to read as follows:

 A. 4964                             7
 
   §  147.  Alien inmates of correctional facilities. 1. The commissioner
 shall [within three months after admission  of  an  alien  inmate  to  a
 correctional  facility  cause  an investigation to be made of the record
 and past history of such alien and shall upon the  termination  of  such
 investigation  cause  the  record of such alien, together with all facts
 disclosed by such investigation, and his recommendations as to  deporta-
 tion,  to  be  forwarded  to  the  United States immigration authorities
 having such matters in charge]  NOTIFY  UNITED  STATES  IMMIGRATION  AND
 CUSTOMS  ENFORCEMENT  OF THE SCHEDULED RELEASE ON PAROLE OR POST RELEASE
 COMMUNITY SUPERVISION, OR RERELEASE FOLLOWING A  PERIOD  OF  CONFINEMENT
 PURSUANT  TO A PAROLE REVOCATION WITHOUT A NEW COMMITMENT, OF ALL ALIENS
 CONFINED TO A STATE PRISON SERVING A CURRENT TERM FOR THE CONVICTION OF,
 OR WHO HAVE A PRIOR CONVICTION FOR, A VIOLENT FELONY LISTED  IN  SECTION
 70.02 OF THE PENAL LAW.
   2.  THE NOTIFICATION PURSUANT TO SUBDIVISION ONE OF THIS SECTION SHALL
 BE MADE AT LEAST SIXTY DAYS PRIOR TO THE SCHEDULED RELEASE  DATE  OR  AS
 SOON  AS  PRACTICABLE  IF NOTIFICATION CANNOT BE PROVIDED AT LEAST SIXTY
 DAYS PRIOR TO RELEASE. THE ONLY NON-PUBLICLY AVAILABLE PERSONAL INFORMA-
 TION THAT THE NOTIFICATION MAY INCLUDE IS THE NAME OF THE PERSON WHO  IS
 SCHEDULED TO BE RELEASED AND THE SCHEDULED DATE OF RELEASE.
   §  5. Severability. If any provision of this act or its application to
 any person or circumstance is held invalid, the remainder of  this  act,
 and  the  application of those provisions to persons other than those to
 which it is held invalid, shall not be affected thereby.
   § 6. This act shall take effect immediately.