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AB3731 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         3731

                              2015-2016 Regular Sessions

                                 I N  A S S E M B L Y

                                   January 27, 2015
                                      ___________

       Introduced  by  M. of A. MOYA -- read once and referred to the Committee
         on Governmental Operations

       AN ACT to amend the executive law, in relation to the  "New  York  immi-
         grant  family  unity  pilot  program"; and providing for the repeal of
         such provisions upon expiration thereof

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1.  Short  title. This act shall be known and may be cited as
    2  the "New York immigrant family unity pilot program".
    3    S 2. The executive law is amended by adding a new section 94-c to read
    4  as follows:
    5    S 94-C. PROVISION OF  COUNSEL  TO  DETAINED  INDIGENT  INDIVIDUALS  IN
    6  REMOVAL  PROCEEDINGS PILOT PROGRAM.  1. DEFINITIONS. FOR THE PURPOSES OF
    7  THIS SECTION:
    8    (A) "RESIDENT OF THE STATE OF NEW YORK" SHALL MEAN A PERSON WHO  LIVES
    9  IN  NEW  YORK  STATE  WITH THE INTENT TO MAKE NEW YORK STATE A FIXED AND
   10  PERMANENT PLACE TO LIVE. ANYONE CURRENTLY RESIDING IN THE STATE  OF  NEW
   11  YORK  WHO HAS LIVED IN THE STATE FOR AT LEAST NINETY DAYS IS PRESUMED TO
   12  BE A RESIDENT OF NEW YORK STATE.
   13    (B) "FINANCIALLY UNABLE TO OBTAIN COUNSEL" SHALL MEAN THAT AN INDIVID-
   14  UAL'S HOUSEHOLD INCOME DOES NOT EXCEED TWO HUNDRED PERCENT OF THE FEDER-
   15  AL POVERTY GUIDELINES SET FORTH IN 42 U.S.C. S 9902(2).
   16    (C) "IMMIGRATION COURT" SHALL MEAN THE COURTS UNDER  THE  JURISDICTION
   17  OF  THE  EXECUTIVE OFFICE FOR IMMIGRATION REVIEW UNDER THE DEPARTMENT OF
   18  JUSTICE.
   19    (D) "LEGAL SERVICE PROVIDERS" SHALL MEAN PRIVATE LAW FIRMS,  NONPROFIT
   20  LEGAL SERVICE ORGANIZATIONS, OR ANY COMBINATION THEREOF.
   21    2.  RIGHT  TO COUNSEL IN IMMIGRATION COURT; ELIGIBILITY. (A) THE RIGHT
   22  TO STATE-APPOINTED COUNSEL SHALL BE EXTENDED  TO  ANY  RESIDENT  OF  THE
   23  STATE  OF  NEW  YORK  WHO IS DETAINED BY THE UNITED STATES DEPARTMENT OF
   24  HOMELAND SECURITY IN A UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03420-02-5
       A. 3731                             2

    1  (ICE) PROCESSING CENTER, OR A DETENTION FACILITY OR COUNTY JAIL THAT HAS
    2  A CONTRACT WITH ICE, IS FINANCIALLY UNABLE TO  RETAIN  COUNSEL,  AND  IS
    3  BEING  HELD  FOR  REMOVAL PROCEEDINGS IN THE STATE OF NEW YORK OR WITHIN
    4  TWENTY MILES OF THE STATE OF NEW YORK.
    5    (B)  SUCH  RIGHT  TO COUNSEL SHALL ATTACH FROM THE COMMENCEMENT OF THE
    6  PROCEEDING; IF HOWEVER AN INDIVIDUAL IS NOT INITIALLY ELIGIBLE FOR  SUCH
    7  RIGHT  TO  COUNSEL, SUCH RIGHT SHALL ATTACH AT THE POINT THEREAFTER WHEN
    8  SUCH INDIVIDUAL BECOMES ELIGIBLE FOR STATE APPOINTED COUNSEL.
    9    (C) SUCH RIGHT TO COUNSEL SHALL REQUIRE REPRESENTATION OF SUCH  ELIGI-
   10  BLE  INDIVIDUAL  IN  COURT, REGARDLESS OF THE LOCATION OF THE INDIVIDUAL
   11  THROUGHOUT THE PROCEEDINGS.
   12    3. CONTRACTS WITH LEGAL  SERVICE  PROVIDERS.  (A)  THE  DEPARTMENT  OF
   13  STATE, IN CONSULTATION WITH THE OFFICE OF INDIGENT LEGAL SERVICES (ILS),
   14  SHALL  CONTRACT  WITH LEGAL SERVICE PROVIDERS TO GUARANTEE THE PROVISION
   15  OF THE LEGAL SERVICES REQUIRED UNDER SUBDIVISION TWO OF THIS SECTION AND
   16  SHALL OVERSEE AND TAKE ALL  STEPS  NECESSARY  TO  ENSURE  THE  EFFECTIVE
   17  ADMINISTRATION OF THE PROVISION OF SERVICES REQUIRED UNDER THIS SECTION.
   18    (B)  SUCH CONTRACTS SHALL PROVIDE FOR THE REPRESENTATION OF QUALIFYING
   19  INDIVIDUALS AS DEFINED IN SUBDIVISION TWO OF THIS SECTION, AT NO CHARGE,
   20  IN THE FOLLOWING PROCEEDINGS:
   21    (I) THE FIRST OR ANY  SUBSEQUENT  APPEARANCE  IN  AN  INSTANT  REMOVAL
   22  PROCEEDING BEFORE THE IMMIGRATION COURT;
   23    (II)  A  PROCEEDING  SEEKING  RELEASE FROM UNITED STATES DEPARTMENT OF
   24  HOMELAND SECURITY CUSTODY; AND
   25    (III) IN ANY APPEAL TO THE BOARD OF IMMIGRATION APPEALS.
   26    (C) SUCH CONTRACTS SHALL ALSO PROVIDE REIMBURSEMENT  FOR  BASIC  LEGAL
   27  SUPPORT  SERVICES  INCLUDING,  BUT  NOT  LIMITED TO, ACCESS TO NECESSARY
   28  EXPERTS, TRANSLATION AND INTERPRETATION SERVICES, SOCIAL WORK AND MENTAL
   29  HEALTH ASSESSMENT SERVICES, AND INVESTIGATIVE SERVICES. WHERE  PRACTICA-
   30  BLE, SUCH CONTRACTS SHALL ALSO PROVIDE TRAVEL REIMBURSEMENT TO THE LEGAL
   31  PROVIDER IF HE OR SHE IS REQUIRED TO TRAVEL TO MEET WITH CLIENTS.
   32    4.  REPORT  ON FINDINGS OF THE PILOT PROGRAM. THE DEPARTMENT OF STATE,
   33  IN CONSULTATION WITH ILS, SHALL PREPARE A REPORT AT  THE  CONCLUSION  OF
   34  THE PILOT PROGRAM AND PROVIDE SUCH REPORT TO THE GOVERNOR, THE TEMPORARY
   35  PRESIDENT  OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY, NO LATER THAN
   36  ONE YEAR AFTER THE CONCLUSION OF THE PROGRAM. THE REPORT SHALL  INCLUDE,
   37  AT MINIMUM, AN ASSESSMENT OF THE IMPACT OF THIS SECTION ON:
   38    (A)  THE  INDIVIDUALS  GRANTED  THE  RIGHT TO STATE-APPOINTED COUNSEL,
   39  INCLUDING BUT NOT LIMITED TO THE BENEFITS RECEIVED BY THE INDIVIDUAL AND
   40  HIS OR HER IMMEDIATE FAMILY AS A  RESULT  OF  RECEIVING  STATE-APPOINTED
   41  COUNSEL;
   42    (B)  THE STATE BUDGET AND BUDGETS OF THE POLITICAL SUBDIVISIONS OF THE
   43  STATE, INCLUDING CONSIDERATION OF BOTH THE COSTS  OF  ADMINISTERING  THE
   44  PROGRAM  AND THE COST SAVINGS REALIZED BY THE STATE, FROM THE PREVENTION
   45  OF UNNECESSARY DEPORTATIONS;
   46    (C) THE STATE ECONOMY, INCLUDING SPECIFICALLY THE IMPACT ON  NEW  YORK
   47  STATE EMPLOYERS AND BUSINESSES; AND
   48    (D)  THE FEDERAL GOVERNMENT, INCLUDING SPECIFICALLY THE ADMINISTRATION
   49  OF THE NATION'S IMMIGRATION COURTS AND ENFORCEMENT SYSTEMS.
   50    S 3. This act shall take effect April 1, 2016  and  shall  expire  two
   51  years  after  such  effective date when upon such date the provisions of
   52  this act shall be deemed repealed.
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