Assembly Bill A7853

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7853
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               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:

   Section  1.  The  general  municipal  law  is  amended by adding a new
 section 99-x to read as follows:
   § 99-X. IMMIGRATION DETENTION FACILITIES WITHIN MUNICIPALITIES. 1. (A)
 NO MUNICIPALITY SHALL PERMIT MUNICIPAL FUNDS OR RESOURCES TO BE UTILIZED
 FOR THE CONSTRUCTION OF ANY NEW DETENTION FACILITIES OR THE EXPANSION OF
 EXISTING DETENTION FACILITIES TO HOUSE IMMIGRANT,  MIGRANT,  REFUGEE  OR
 ASYLUM-SEEKING  POPULATIONS WITHIN ITS BORDERS, UNLESS SUCH CONSTRUCTION
 OR EXPANSION HAS BEEN APPROVED BY THE LEGISLATURE AS PROVIDED  IN  PARA-
 GRAPH (B) OF THIS SUBDIVISION.
   (B) A MUNICIPALITY SHALL OBTAIN LEGISLATIVE APPROVAL PRIOR TO ENGAGING
 IN ANY OF THE FOLLOWING:
   (I)  SEEKING  FUNDS  FOR  THE  CONSTRUCTION  OR SUPPORT OF IMMIGRATION
 DETENTION FACILITIES, INCLUDING, BUT NOT  LIMITED  TO,  APPLYING  FOR  A
 GRANT,  OR  SOLICITING OR ACCEPTING STATE OR FEDERAL FUNDS OR IN-KIND OR
 OTHER DONATIONS;
   (II) ENGAGING IN ANY PLANS TO SHARE RESOURCES AND COORDINATE DETENTION
 ACTIVITIES WITH THE UNITED STATES  BUREAU  OF  IMMIGRATION  AND  CUSTOMS
 ENFORCEMENT  OR OTHER IMMIGRATION OFFICIALS SUCH AS USING AVAILABLE BEDS
 IN LOCAL CITY JAILS FOR DETENTION USE; OR
   (III) CONSTRUCTING ANY NEW DETENTION FACILITIES  WITHIN  SUCH  MUNICI-
 PALITY'S JURISDICTION.
   (C)  FOR  PURPOSES  OF  THIS SECTION THE TERM "MUNICIPALITY" MEANS ANY
 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
 
   2. (A) NO MUNICIPALITY SHALL UTILIZE MUNICIPAL LAND  OR  BUILDINGS  OR
 OTHER  RESOURCES  TOWARD  THE CONSTRUCTION OF ANY NEW FEDERAL OR PRIVATE
 DETENTION FACILITIES WITHIN ITS JURISDICTION.
   (B)  ANY  MUNICIPALITY  THAT DOES NOT HAVE A CONTRACT WITH THE FEDERAL
 GOVERNMENT OR ANY FEDERAL AGENCY OR A PRIVATE CORPORATION  TO  HOUSE  OR
 DETAIN  NONCITIZENS FOR PURPOSES OF CIVIL IMMIGRATION CUSTODY, SHALL NOT
 ENTER INTO A CONTRACT WITH THE FEDERAL GOVERNMENT OR ANY FEDERAL  AGENCY
 OR A PRIVATE CORPORATION TO HOUSE OR DETAIN IN A LOCKED DETENTION FACIL-
 ITY NONCITIZENS.
   (C)  ANY  MUNICIPALITY  THAT HAS AN EXISTING CONTRACT WITH THE FEDERAL
 GOVERNMENT OR ANY FEDERAL AGENCY OR  A  PRIVATE  CORPORATION  TO  DETAIN
 NONCITIZENS FOR PURPOSES OF CIVIL IMMIGRATION CUSTODY, SHALL NOT, ON AND
 AFTER  THE EFFECTIVE DATE OF THIS SECTION, RENEW OR MODIFY SUCH CONTRACT
 TO EXPAND THE MAXIMUM NUMBER OF CONTRACT BEDS TO HOUSE OR  DETAIN  IN  A
 LOCKED  DETENTION FACILITY NONCITIZENS FOR PURPOSES OF CIVIL IMMIGRATION
 CUSTODY.
   (D) A MUNICIPALITY SHALL NOT APPROVE OR SIGN A  DEED,  INSTRUMENT,  OR
 OTHER  DOCUMENT  RELATED  TO  A  USE OR TRANSFER OF LAND OR PROPERTY, OR
 ISSUE A PERMIT FOR THE BUILDING OR REUSE OF EXISTING  BUILDINGS  BY  ANY
 PRIVATE  CORPORATION,  CONTRACTOR, OR VENDOR TO HOUSE OR DETAIN NONCITI-
 ZENS FOR PURPOSES OF CIVIL IMMIGRATION PROCEEDINGS UNLESS  SUCH  MUNICI-
 PALITY HAS OBTAINED LEGISLATIVE APPROVAL.
   3. (A) A COMMITTEE ON IMMIGRATION DETENTION OVERSIGHT IS HEREBY ESTAB-
 LISHED  FOR  THE  PURPOSES  OF  ENSURING INCREASED OVERSIGHT OF EXISTING
 FEDERAL AND PRIVATE DETENTION CENTERS THROUGH REGULAR ANNUAL REVIEWS  OF
 EXISTING  DETENTION  FACILITIES.  SUCH  COMMITTEE  SHALL  CONSIST OF SIX
 MEMBERS, ONE MEMBER EACH APPOINTED BY THE GOVERNOR, THE ATTORNEY  GENER-
 AL,  THE COMPTROLLER, THE SECRETARY OF STATE, THE TEMPORARY PRESIDENT OF
 THE SENATE, AND THE SPEAKER OF THE ASSEMBLY.
   (B) SUCH COMMITTEE SHALL:
   (I) DELEGATE AUTHORITY,  AND  WHERE  NECESSARY,  IDENTIFY  APPROPRIATE
 AGENCIES  TO  DETERMINE  A RECURRING SERIES OF REGULAR ANNUAL REVIEWS OF
 EXISTING DETENTION FACILITIES;
   (II) ALLOCATE FUNDING, SUBJECT TO APPROPRIATION, TO ENSURE TIMELY  AND
 REGULAR REVIEW OF DETENTION FACILITIES; AND
   (III) ENSURE AND SAFEGUARD THE TREATMENT OF INDIVIDUALS DETAINED WITH-
 IN  IMMIGRATION  DETENTION  FACILITIES IN A MANNER THAT MEETS OR EXCEEDS
 THE FEDERAL NATIONAL STANDARDS AND OTHER APPLICABLE LEGAL REQUIREMENTS.
   (C) SUCH COMMITTEE SHALL ISSUE AN ANNUAL REPORT TO THE  GOVERNOR,  THE
 ATTORNEY GENERAL, THE COMPTROLLER, THE SECRETARY OF STATE, THE TEMPORARY
 PRESIDENT  OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY WITH ITS FIND-
 INGS AND A LIST OF ANY  AND  ALL  DETERMINATIONS  WHERE  AN  IMMIGRATION
 DETENTION  FACILITY  DOES NOT MEET OR EXCEED THE FEDERAL NATIONAL STAND-
 ARDS AND OTHER APPLICABLE LEGAL REQUIREMENTS.
   § 2. This act shall take effect immediately.