S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4883
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2021
                                ___________
 
 Introduced by M. of A. DE LA ROSA, CRUZ -- read once and referred to the
   Committee 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:
   § 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.
              

                                                            LBD08420-01-1

 A. 4883                             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 TWENTY-TWO
 AND NO LATER THAN THE THIRTIETH OF SEPTEMBER OF  EACH  YEAR  THEREAFTER,

 A. 4883                             3
 
 THE  DEPARTMENT  SHALL  POST  A  REPORT  ON  THE DEPARTMENT WEBSITE THAT
 INCLUDES THE FOLLOWING INFORMATION FOR THE PRECEDING TWELVE MONTH  PERI-
 OD:
   (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.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.  Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.