S T A T E O F N E W Y O R K
________________________________________________________________________
7099--A
2021-2022 Regular Sessions
I N A S S E M B L Y
April 22, 2021
___________
Introduced by M. of A. REYES, MITAYNES -- read once and referred to the
Committee on Correction -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
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
(B) RECEIVE ANY PAYMENT RELATED TO THE DETENTION OF INDIVIDUALS IN AN
IMMIGRATION DETENTION FACILITY.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10536-03-1
A. 7099--A 2
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.