Dickens, Ortiz, Otis, D'Urso, Cruz, Rozic, De La Rosa, Gottfried, Quart, Reyes, Ramos, Lavine,
Pichardo, Barron, Crespo
 
MLTSPNSR
DenDekker
 
Add §99-x, Gen Muni L
 
Relates to the oversight of immigration detention facilities; prohibits municipalities from using funds or resources for the construction of any new detention facility or the expansion of any existing detention facility without approval by the legislature; establishes a committee on immigration detention oversight.
STATE OF NEW YORK
________________________________________________________________________
7853
2019-2020 Regular Sessions
IN ASSEMBLY
May 24, 2019
___________
Introduced by M. of A. WEPRIN -- read once and referred to the Committee
on Local Governments
AN ACT to amend the general municipal law, in relation to oversight of
immigration detention facilities
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The general municipal law is amended by adding a new
2 section 99-x to read as follows:
3 § 99-x. Immigration detention facilities within municipalities. 1. (a)
4 No municipality shall permit municipal funds or resources to be utilized
5 for the construction of any new detention facilities or the expansion of
6 existing detention facilities to house immigrant, migrant, refugee or
7 asylum-seeking populations within its borders, unless such construction
8 or expansion has been approved by the legislature as provided in para-
9 graph (b) of this subdivision.
10 (b) A municipality shall obtain legislative approval prior to engaging
11 in any of the following:
12 (i) seeking funds for the construction or support of immigration
13 detention facilities, including, but not limited to, applying for a
14 grant, or soliciting or accepting state or federal funds or in-kind or
15 other donations;
16 (ii) engaging in any plans to share resources and coordinate detention
17 activities with the United States bureau of immigration and customs
18 enforcement or other immigration officials such as using available beds
19 in local city jails for detention use; or
20 (iii) constructing any new detention facilities within such munici-
21 pality's jurisdiction.
22 (c) For purposes of this section the term "municipality" means any
23 county, city, town, or village.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11398-01-9
A. 7853 2
1 2. (a) No municipality shall utilize municipal land or buildings or
2 other resources toward the construction of any new federal or private
3 detention facilities within its jurisdiction.
4 (b) Any municipality that does not have a contract with the federal
5 government or any federal agency or a private corporation to house or
6 detain noncitizens for purposes of civil immigration custody, shall not
7 enter into a contract with the federal government or any federal agency
8 or a private corporation to house or detain in a locked detention facil-
9 ity noncitizens.
10 (c) Any municipality that has an existing contract with the federal
11 government or any federal agency or a private corporation to detain
12 noncitizens for purposes of civil immigration custody, shall not, on and
13 after the effective date of this section, renew or modify such contract
14 to expand the maximum number of contract beds to house or detain in a
15 locked detention facility noncitizens for purposes of civil immigration
16 custody.
17 (d) A municipality shall not approve or sign a deed, instrument, or
18 other document related to a use or transfer of land or property, or
19 issue a permit for the building or reuse of existing buildings by any
20 private corporation, contractor, or vendor to house or detain nonciti-
21 zens for purposes of civil immigration proceedings unless such munici-
22 pality has obtained legislative approval.
23 3. (a) A committee on immigration detention oversight is hereby estab-
24 lished for the purposes of ensuring increased oversight of existing
25 federal and private detention centers through regular annual reviews of
26 existing detention facilities. Such committee shall consist of six
27 members, one member each appointed by the governor, the attorney gener-
28 al, the comptroller, the secretary of state, the temporary president of
29 the senate, and the speaker of the assembly.
30 (b) Such committee shall:
31 (i) delegate authority, and where necessary, identify appropriate
32 agencies to determine a recurring series of regular annual reviews of
33 existing detention facilities;
34 (ii) allocate funding, subject to appropriation, to ensure timely and
35 regular review of detention facilities; and
36 (iii) ensure and safeguard the treatment of individuals detained with-
37 in immigration detention facilities in a manner that meets or exceeds
38 the federal national standards and other applicable legal requirements.
39 (c) Such committee shall issue an annual report to the governor, the
40 attorney general, the comptroller, the secretary of state, the temporary
41 president of the senate, and the speaker of the assembly with its find-
42 ings and a list of any and all determinations where an immigration
43 detention facility does not meet or exceed the federal national stand-
44 ards and other applicable legal requirements.
45 § 2. This act shall take effect immediately.