Legislation
SECTION 170-K
Local cops, local crimes act
Executive (EXC) CHAPTER 18, ARTICLE 7
§ 170-k. Local cops, local crimes act. 1. For purposes of this
section, the following definitions shall apply:
(a) "Law enforcement agency" means the New York state police and any
law enforcement agency or department of any municipality, any police
district, or any agency, department, commission, authority or public
benefit corporation of the state of New York employing a police officer
as that term is defined in subdivision thirty-four of section 1.20 of
the criminal procedure law or peace officer as that term is defined in
section 2.10 of the criminal procedure law, except for the port
authority of New York and New Jersey.
(b) "Local government" means any municipal corporation and governing
board in the state of New York.
(c) "Municipal corporation" has the same meaning as such term is
defined in section two of the general municipal law.
(d) "Governing board" has the same meaning as such term is defined in
section two of the general municipal law.
(e) "Correctional facility" has the same meaning as such term is
defined in subdivision four of section two of the correction law.
(f) "Local correctional facility" has the same meaning as such term is
defined in subdivision sixteen of section two of the correction law.
(g) "Immigration detention facility" means any building, facility, or
structure used, in whole or in part, to house or detain individuals for
any violation of a civil provision of the federal Immigration and
Nationality Act relating to an individual's immigration status.
(h) "Juvenile detention facility" means a specialized secure, secure,
or nonsecure detention facility certified by the office of children and
family services pursuant to section five hundred three of this chapter.
(i) "Facility for youth placed with or committed to the office of
children and family services" means a facility operated pursuant to
section five hundred four of this chapter.
(j) "Immigration authority" has the same meaning as such term is
defined in section three hundred nineteen of this chapter.
(k) "Immigration enforcement" has the same meaning as such term is
defined in section three hundred nineteen of this chapter.
(l) "Immigration law" means any civil provision of the federal
Immigration and Nationality Act and any provision of law that penalizes
a person's presence in, entry into, or reentry into the United States.
2. (a) No local government, law enforcement agency, correctional
facility, local correctional facility, juvenile detention facility, or
facility for youth placed with or committed to the office of children
and family services, or agent thereof may, enter into, modify, renew,
remain in, or extend:
(i) any agreement pursuant to section 287(g) of the Immigration and
Nationality Act codified at 8 U.S.C. § 1357(g), including, but not
limited to, any formal or informal agreement under which an officer or
employee may engage in or assist immigration enforcement, or otherwise
may perform a function of an immigration officer; or
(ii) any contract, intergovernmental service agreement, or any other
formal or informal agreement to house or detain individuals for federal
civil immigration violations, including, but not limited to, agreements
entered into pursuant to 8 U.S.C. § 1103(a) or § 1231(g).
(b) Nothing in this subdivision shall be construed to preclude
contracts or agreements by:
(i) any hospital or other health care facility as defined by section
twenty-eight hundred one of the public health law, including any health
care facility operated by a public benefit corporation pursuant to title
two of article ten-C of the public authorities law, or any mental health
facility or hospital as defined by section 1.03 of the mental hygiene
law to provide health care services;
(ii) any authorized agency as defined by subdivision ten of section
three hundred seventy-one of the social services law, to provide care or
placement to children in the custody of the United States Office of
Refugee Resettlement; or
(iii) any federal law enforcement agency for the provision of
detention space for individuals subject to pending federal criminal
charges; provided, however, that no such agreement may provide for
detention space to house or detain individuals solely for federal civil
immigration violations.
3. No local government, law enforcement agency, correctional facility,
local correctional facility, juvenile detention facility, or facility
for youth placed with or committed to the office of children and family
services or agent thereof shall:
(a) pay, reimburse, subsidize, give any financial incentive or benefit
or defray in any way 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; or
(b) otherwise give any financial incentive or benefit in connection
with the sale, purchase, construction, development, ownership,
management, or operation of an immigration detention facility.
4. Notwithstanding any provision of state or local law to the contrary
relating to the time in which a decision shall be rendered on an
application for or an appeal relating to a permit, certificate, or
variance, no local government shall approve a zoning variance or issue a
permit or certificate for the construction or the reuse of existing
buildings or structures by any private entity for use as an immigration
detention facility unless the local government, at a minimum, and in
addition to any other requirements:
(a) provides notice to the public of the proposed zoning variance,
permit, or certificate action at least one hundred eighty days before
authorizing the variance or issuing the permit or certificate; and
(b) solicits and hears public comments on the proposed zoning
variance, permit, or certificate action in at least two separate
meetings open to the public.
5. Nothing in subdivisions three and four of this section shall
restrict any local government from adopting or applying additional
zoning variance, permitting, or certificate requirements, or extending
the length of the one hundred eighty day notice requirement, or
increasing the number of meetings open to the public to discuss the
zoning variance, permit, certificate, or reuse of existing buildings or
structures, notwithstanding any provision of state or local law to the
contrary relating to the time in which a decision shall be rendered on
an application for or an appeal relating to a permit, certificate, or
variance.
6. Nothing in this section shall be construed to prohibit a local
government, law enforcement agency, correctional facility, or local
correctional facility from complying with any state or federal court
order or judicial warrant, or any other action as required by law.
* 7. (a) Any agreement described in subdivision two of this section
shall be deemed not consistent with state law and any such agreement
existing upon the effective date of this section shall be void and
unenforceable, and any law enforcement agency, correctional facility,
local correctional facility, juvenile detention facility, or facility
for youth placed with or committed to the office of children and family
services, or agent thereof shall exercise any applicable termination
provision contained in such agreement.
(b) Notwithstanding paragraph (a) of this subdivision, any law
enforcement agency, correctional facility, local correctional facility,
juvenile detention facility, or facility for youth placed with or
committed to the office of children and family services, or agent
thereof shall exercise any applicable termination provision contained in
any agreement described in subparagraph (ii) of paragraph (a) of
subdivision two of this section within three months after the effective
date of this section, after which time any such agreement shall be
deemed not consistent with state law, void, and unenforceable.
* NB Effective August 25, 2026
8. The provisions of this section shall apply notwithstanding any
other provisions of state or local law, charter, code, ordinance,
resolution, rule, or regulation to the contrary. Provided, however, that
nothing in this article shall be construed to prevent or restrict the
state government from adopting, enacting, or enforcing state policies or
a local government from adopting, enacting, or enforcing local policies,
laws, resolutions, ordinances, or regulations which comply with at least
the applicable standards or requirements of this section, or which
exceed the provisions of this section, or which further restrict the
ability of state government or local government personnel to participate
in immigration enforcement beyond the requirements set forth in the
chapter of the laws of two thousand twenty-six that added this section.
section, the following definitions shall apply:
(a) "Law enforcement agency" means the New York state police and any
law enforcement agency or department of any municipality, any police
district, or any agency, department, commission, authority or public
benefit corporation of the state of New York employing a police officer
as that term is defined in subdivision thirty-four of section 1.20 of
the criminal procedure law or peace officer as that term is defined in
section 2.10 of the criminal procedure law, except for the port
authority of New York and New Jersey.
(b) "Local government" means any municipal corporation and governing
board in the state of New York.
(c) "Municipal corporation" has the same meaning as such term is
defined in section two of the general municipal law.
(d) "Governing board" has the same meaning as such term is defined in
section two of the general municipal law.
(e) "Correctional facility" has the same meaning as such term is
defined in subdivision four of section two of the correction law.
(f) "Local correctional facility" has the same meaning as such term is
defined in subdivision sixteen of section two of the correction law.
(g) "Immigration detention facility" means any building, facility, or
structure used, in whole or in part, to house or detain individuals for
any violation of a civil provision of the federal Immigration and
Nationality Act relating to an individual's immigration status.
(h) "Juvenile detention facility" means a specialized secure, secure,
or nonsecure detention facility certified by the office of children and
family services pursuant to section five hundred three of this chapter.
(i) "Facility for youth placed with or committed to the office of
children and family services" means a facility operated pursuant to
section five hundred four of this chapter.
(j) "Immigration authority" has the same meaning as such term is
defined in section three hundred nineteen of this chapter.
(k) "Immigration enforcement" has the same meaning as such term is
defined in section three hundred nineteen of this chapter.
(l) "Immigration law" means any civil provision of the federal
Immigration and Nationality Act and any provision of law that penalizes
a person's presence in, entry into, or reentry into the United States.
2. (a) No local government, law enforcement agency, correctional
facility, local correctional facility, juvenile detention facility, or
facility for youth placed with or committed to the office of children
and family services, or agent thereof may, enter into, modify, renew,
remain in, or extend:
(i) any agreement pursuant to section 287(g) of the Immigration and
Nationality Act codified at 8 U.S.C. § 1357(g), including, but not
limited to, any formal or informal agreement under which an officer or
employee may engage in or assist immigration enforcement, or otherwise
may perform a function of an immigration officer; or
(ii) any contract, intergovernmental service agreement, or any other
formal or informal agreement to house or detain individuals for federal
civil immigration violations, including, but not limited to, agreements
entered into pursuant to 8 U.S.C. § 1103(a) or § 1231(g).
(b) Nothing in this subdivision shall be construed to preclude
contracts or agreements by:
(i) any hospital or other health care facility as defined by section
twenty-eight hundred one of the public health law, including any health
care facility operated by a public benefit corporation pursuant to title
two of article ten-C of the public authorities law, or any mental health
facility or hospital as defined by section 1.03 of the mental hygiene
law to provide health care services;
(ii) any authorized agency as defined by subdivision ten of section
three hundred seventy-one of the social services law, to provide care or
placement to children in the custody of the United States Office of
Refugee Resettlement; or
(iii) any federal law enforcement agency for the provision of
detention space for individuals subject to pending federal criminal
charges; provided, however, that no such agreement may provide for
detention space to house or detain individuals solely for federal civil
immigration violations.
3. No local government, law enforcement agency, correctional facility,
local correctional facility, juvenile detention facility, or facility
for youth placed with or committed to the office of children and family
services or agent thereof shall:
(a) pay, reimburse, subsidize, give any financial incentive or benefit
or defray in any way 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; or
(b) otherwise give any financial incentive or benefit in connection
with the sale, purchase, construction, development, ownership,
management, or operation of an immigration detention facility.
4. Notwithstanding any provision of state or local law to the contrary
relating to the time in which a decision shall be rendered on an
application for or an appeal relating to a permit, certificate, or
variance, no local government shall approve a zoning variance or issue a
permit or certificate for the construction or the reuse of existing
buildings or structures by any private entity for use as an immigration
detention facility unless the local government, at a minimum, and in
addition to any other requirements:
(a) provides notice to the public of the proposed zoning variance,
permit, or certificate action at least one hundred eighty days before
authorizing the variance or issuing the permit or certificate; and
(b) solicits and hears public comments on the proposed zoning
variance, permit, or certificate action in at least two separate
meetings open to the public.
5. Nothing in subdivisions three and four of this section shall
restrict any local government from adopting or applying additional
zoning variance, permitting, or certificate requirements, or extending
the length of the one hundred eighty day notice requirement, or
increasing the number of meetings open to the public to discuss the
zoning variance, permit, certificate, or reuse of existing buildings or
structures, notwithstanding any provision of state or local law to the
contrary relating to the time in which a decision shall be rendered on
an application for or an appeal relating to a permit, certificate, or
variance.
6. Nothing in this section shall be construed to prohibit a local
government, law enforcement agency, correctional facility, or local
correctional facility from complying with any state or federal court
order or judicial warrant, or any other action as required by law.
* 7. (a) Any agreement described in subdivision two of this section
shall be deemed not consistent with state law and any such agreement
existing upon the effective date of this section shall be void and
unenforceable, and any law enforcement agency, correctional facility,
local correctional facility, juvenile detention facility, or facility
for youth placed with or committed to the office of children and family
services, or agent thereof shall exercise any applicable termination
provision contained in such agreement.
(b) Notwithstanding paragraph (a) of this subdivision, any law
enforcement agency, correctional facility, local correctional facility,
juvenile detention facility, or facility for youth placed with or
committed to the office of children and family services, or agent
thereof shall exercise any applicable termination provision contained in
any agreement described in subparagraph (ii) of paragraph (a) of
subdivision two of this section within three months after the effective
date of this section, after which time any such agreement shall be
deemed not consistent with state law, void, and unenforceable.
* NB Effective August 25, 2026
8. The provisions of this section shall apply notwithstanding any
other provisions of state or local law, charter, code, ordinance,
resolution, rule, or regulation to the contrary. Provided, however, that
nothing in this article shall be construed to prevent or restrict the
state government from adopting, enacting, or enforcing state policies or
a local government from adopting, enacting, or enforcing local policies,
laws, resolutions, ordinances, or regulations which comply with at least
the applicable standards or requirements of this section, or which
exceed the provisions of this section, or which further restrict the
ability of state government or local government personnel to participate
in immigration enforcement beyond the requirements set forth in the
chapter of the laws of two thousand twenty-six that added this section.