S02015 Summary:

BILL NO    S02015 

SAME AS    No same as 

SPONSOR    CARLUCCI

COSPNSR    

MLTSPNSR   

Add S94-c, Exec L

Creates the New York immigrant family unity pilot program.
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S02015 Actions:

BILL NO    S02015 

01/21/2015 REFERRED TO FINANCE
03/02/2015 RECOMMIT, ENACTING CLAUSE STRICKEN
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S02015 Text:

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

                                         2015

                              2015-2016 Regular Sessions

                                   I N  S E N A T E

                                   January 21, 2015
                                      ___________

       Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
         printed to be committed to the Committee on Finance

       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, IS FINANCIALLY UNABLE TO RETAIN COUNSEL, AND IS BEING

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03420-01-5
       S. 2015                             2

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