Bill Text: NY S00306 | 2023-2024 | General Assembly | Introduced

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Bill Title: Prohibits governmental entities from entering into agreements to house individuals in immigration detention facilities; requires governmental entities to terminate existing contracts for the detention of individuals in immigration detention facilities.

Spectrum: Partisan Bill (Democrat 23-0)

Status: (Introduced) 2024-01-03 - REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION [S00306 Detail]

Download: New_York-2023-S00306-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           306

                               2023-2024 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 4, 2023
                                       ___________

        Introduced  by Sens. SALAZAR, BAILEY, BRISPORT, CLEARE, GIANARIS, GONZA-
          LEZ, HOYLMAN, JACKSON, KRUEGER, MYRIE,  RAMOS,  RIVERA,  SEPULVEDA  --
          read  twice  and  ordered printed, and when printed to be committed to
          the Committee on Crime Victims, Crime and Correction

        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:

     1    Section  1.  This  act shall be known and may be cited as the "Dignity
     2  Not Detention Act".
     3    § 2. Section 2 of the correction law is  amended  by  adding  two  new
     4  subdivisions 35 and 36 to read as follows:
     5    35.  "Immigration  detention facility" means any building, facility or
     6  structure used, in whole or in part, to house or detain individuals  for
     7  civil immigration violations.
     8    36.  "Immigration  detention agreement" means any contract, agreement,
     9  intergovernmental service agreement or memorandum of understanding  that
    10  authorizes  a  state  or local government to house or detain individuals
    11  for civil immigration violations.
    12    § 3. The correction law is amended by adding a new article 29 to  read
    13  as follows:
    14                                 ARTICLE 29
    15                      IMMIGRATION DETENTION AGREEMENTS
    16  Section 900. Immigration detention agreement.
    17    §  900. Immigration detention agreement. 1. The state, county, munici-
    18  pality, a unit of local government, a  county  sheriff,  or  an  agency,
    19  officer,  employee,  or  agent  of the state, county, municipality, or a
    20  unit of local government shall not:
    21    (a) Enter into or renew an immigration detention agreement; or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00635-01-3
        S. 306                              2

     1    (b) Receive any payment related to the detention of individuals in  an
     2  immigration detention facility.
     3    2.  The  state,  county,  municipality,  a unit of local government, a
     4  county sheriff, or an agency, officer, employee, or agent of the  state,
     5  county, municipality, or a unit of local government shall not:
     6    (a)  enter into an agreement of any kind for the detention of individ-
     7  uals in an immigration detention facility owned, managed or operated, in
     8  whole or in part, by a private entity;
     9    (b) pay, reimburse, subsidize, or defray in any way any costs  related
    10  to the sale, purchase, construction, development, ownership, management,
    11  or  operation  of  an  immigration detention facility that is or will be
    12  owned, managed, or operated, in whole or in part, by a private entity;
    13    (c) receive any payment related to the detention of individuals in  an
    14  immigration  detention  facility owned, managed or operated, in whole or
    15  in part, by a private entity;
    16    (d) otherwise give any financial incentive or benefit to  any  private
    17  entity  or  person  in connection with the sale, purchase, construction,
    18  development, ownership,  management,  or  operation  of  an  immigration
    19  detention  facility  that  is  or will be owned, managed or operated, in
    20  whole or in part, by a private entity; or
    21    (e) approve a zoning variance or issue a permit for  the  construction
    22  of  a  building  or the reuse of existing buildings or structures by any
    23  private entity for use as an immigration detention facility.
    24    3. The state, county, municipality, a  unit  of  local  government,  a
    25  county  sheriff, or an agency, officer, employee, or agent of the state,
    26  county, municipality or a unit of  local  government  with  an  existing
    27  immigration detention agreement shall exercise the termination provision
    28  contained  in  the  immigration detention agreement no later than ninety
    29  days from the date on which this article takes effect.
    30    4. No person, business or private entity shall own or operate an immi-
    31  gration detention facility within the state.
    32    5.  Notwithstanding  any  other  provision  of  law  to  the  contrary
    33  contained in any general, special, or local laws, in any dispute over an
    34  immigration  detention  agreement with the state, the provisions of this
    35  section shall govern.
    36    § 4. Severability clause. If any clause, sentence, paragraph, subdivi-
    37  sion, section or part of this act shall be  adjudged  by  any  court  of
    38  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    39  impair, or invalidate the remainder thereof, but shall  be  confined  in
    40  its  operation  to the clause, sentence, paragraph, subdivision, section
    41  or part thereof directly involved in the controversy in which such judg-
    42  ment shall have been rendered. It is hereby declared to be the intent of
    43  the legislature that this act would  have  been  enacted  even  if  such
    44  invalid provisions had not been included herein.
    45    § 5. This act shall take effect immediately.