S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8776
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 3, 2017
                                ___________
 
 Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
   on Governmental Operations
 
 AN ACT to amend the executive law and the correction law, in relation to
   standards  and  policies  for  cooperation  with  federal  immigration
   authorities
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The executive law is amended by adding a new article  15-AA
 to read as follows:
                               ARTICLE 15-AA
                 COOPERATION WITH IMMIGRATION AUTHORITIES
 SECTION 319.   DEFINITIONS.
         319-A. RESTRICTIONS ON NEW YORK LAW ENFORCEMENT AGENCY ACTIONS.
         319-B. STANDARDS FOR RESPONDING TO UNITED STATES IMMIGRATION AND
                  CUSTOMS ENFORCEMENT HOLDS.
         319-C. COOPERATION POLICIES.
         319-D. SEVERABILITY.
   §  319.  DEFINITIONS.  FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
 TERMS HAVE THE FOLLOWING MEANINGS:
   1. "NEW YORK LAW ENFORCEMENT  AGENCY"  MEANS  A  STATE  OR  LOCAL  LAW
 ENFORCEMENT  AGENCY,  INCLUDING  SCHOOL  POLICE OR SECURITY DEPARTMENTS.
 "NEW YORK LAW ENFORCEMENT AGENCY" DOES NOT  INCLUDE  THE  DEPARTMENT  OF
 CORRECTIONS AND COMMUNITY SUPERVISION.
   2.  "LOCAL  AGENCY"  MEANS  ANY CITY, COUNTY, CITY AND COUNTY, SPECIAL
 DISTRICT, OR OTHER POLITICAL SUBDIVISION OF THE STATE.
   3. "LAW ENFORCEMENT OFFICIAL" MEANS ANY LOCAL AGENCY OR OFFICER  OF  A
 LOCAL  AGENCY  AUTHORIZED  TO ENFORCE CRIMINAL STATUTES, REGULATIONS, OR
 LOCAL ORDINANCES OR TO OPERATE JAILS OR TO MAINTAIN CUSTODY  OF  PERSONS
 IN  JAILS, AND ANY PERSON OR LOCAL AGENCY AUTHORIZED TO OPERATE JUVENILE
 DETENTION FACILITIES OR TO  MAINTAIN  CUSTODY  OF  PERSONS  IN  JUVENILE
 DETENTION FACILITIES.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13610-02-7

 A. 8776                             2
 
   4.  "CIVIL  IMMIGRATION  WARRANT" MEANS ANY WARRANT FOR A VIOLATION OF
 FEDERAL CIVIL IMMIGRATION LAW, AND INCLUDES CIVIL  IMMIGRATION  WARRANTS
 ENTERED IN THE NATIONAL CRIME INFORMATION CENTER DATABASE.
   5. "IMMIGRATION AUTHORITY" MEANS ANY FEDERAL, STATE, OR LOCAL OFFICER,
 EMPLOYEE, OR PERSON PERFORMING IMMIGRATION ENFORCEMENT FUNCTIONS.
   6.  "HEALTH FACILITY" MEANS HOSPITALS AS DEFINED IN SUBDIVISION ONE OF
 SECTION TWENTY-EIGHT HUNDRED ONE OF THE PUBLIC HEALTH LAW AND FACILITIES
 AS DEFINED IN SUBDIVISION SIX OF SECTION 1.03 OF THE MENTAL HYGIENE LAW.
   7. "IMMIGRATION ENFORCEMENT AGENCY"  MEANS  THE  UNITED  STATES  IMMI-
 GRATION  AND  CUSTOMS  ENFORCEMENT  (ICE)  OR  UNITED STATES CUSTOMS AND
 BORDER PROTECTION AS WELL AS ANY OTHER IMMIGRATION ENFORCEMENT  AUTHORI-
 TY.
   8.  "HOLD  REQUEST"  MEANS  A  FEDERAL  IMMIGRATION ENFORCEMENT AGENCY
 REQUEST THAT A NEW YORK LAW ENFORCEMENT  AGENCY  OR  THE  DEPARTMENT  OF
 CORRECTIONS  AND  COMMUNITY  SUPERVISION  MAINTAIN  CUSTODY  OF A PERSON
 CURRENTLY IN ITS CUSTODY BEYOND THE TIME HE OR SHE  WOULD  OTHERWISE  BE
 ELIGIBLE  FOR  RELEASE  IN  ORDER  TO  FACILITATE  TRANSFER  TO  ICE AND
 INCLUDES, BUT IS NOT LIMITED TO, DEPARTMENT OF HOMELAND  SECURITY  (DHS)
 FORM I-247D.
   9.  "NOTIFICATION  REQUEST"  MEANS  AN  IMMIGRATION ENFORCEMENT AGENCY
 REQUEST THAT A NEW YORK LAW ENFORCEMENT  AGENCY  OR  THE  DEPARTMENT  OF
 CORRECTIONS AND COMMUNITY SUPERVISION INFORM ICE OF THE RELEASE DATE AND
 TIME  IN  ADVANCE OF THE PUBLIC OF A PERSON IN ITS CUSTODY AND INCLUDES,
 BUT IS NOT LIMITED TO, DHS FORM I-247N.
   10. "TRANSFER REQUEST" MEANS AN IMMIGRATION ENFORCEMENT AGENCY REQUEST
 THAT A NEW YORK LAW ENFORCEMENT AGENCY OR THE DEPARTMENT OF  CORRECTIONS
 AND  COMMUNITY  SUPERVISION  FACILITATE  THE TRANSFER OF A PERSON IN ITS
 CUSTODY TO ICE, AND INCLUDES, BUT IS NOT LIMITED TO, DHS FORM I-247X.
   11. "IMMIGRATION ENFORCEMENT" MEANS ANY AND ALL  EFFORTS  TO  INVESTI-
 GATE,  ENFORCE,  OR  ASSIST  IN  THE INVESTIGATION OR ENFORCEMENT OF ANY
 FEDERAL CIVIL IMMIGRATION LAW, AND ALSO INCLUDES ANY AND ALL EFFORTS  TO
 INVESTIGATE,  ENFORCE,  OR ASSIST IN THE INVESTIGATION OR ENFORCEMENT OF
 ANY FEDERAL CRIMINAL IMMIGRATION LAW THAT PENALIZES A PERSON'S  PRESENCE
 IN, ENTRY, OR REENTRY TO, OR EMPLOYMENT IN, THE UNITED STATES.
   12.  "IMMIGRATION  HOLD"  MEANS  AN  IMMIGRATION DETAINER ISSUED BY AN
 AUTHORIZED IMMIGRATION OFFICER, PURSUANT TO SECTION 287.7 OF TITLE EIGHT
 OF THE CODE OF FEDERAL REGULATIONS, THAT REQUESTS THAT THE LAW  ENFORCE-
 MENT OFFICIAL TO MAINTAIN CUSTODY OF A PERSON FOR A PERIOD NOT TO EXCEED
 FORTY-EIGHT  HOURS,  EXCLUDING  SATURDAYS, SUNDAYS, AND HOLIDAYS, AND TO
 ADVISE THE AUTHORIZED IMMIGRATION OFFICER PRIOR TO THE RELEASE  OF  SUCH
 PERSON.
   13. "JOINT LAW ENFORCEMENT TASK FORCE" MEANS AT LEAST ONE NEW YORK LAW
 ENFORCEMENT  AGENCY COLLABORATING, ENGAGING, OR PARTNERING WITH AT LEAST
 ONE FEDERAL LAW ENFORCEMENT AGENCY IN  INVESTIGATING  FEDERAL  OR  STATE
 CRIMES.
   14. "JUDICIAL PROBABLE CAUSE DETERMINATION" MEANS A DETERMINATION MADE
 BY  A  FEDERAL  JUDGE  OR  FEDERAL  MAGISTRATE JUDGE THAT PROBABLE CAUSE
 EXISTS THAT A PERSON HAS VIOLATED FEDERAL CRIMINAL IMMIGRATION  LAW  AND
 THAT AUTHORIZES A LAW ENFORCEMENT OFFICER TO ARREST AND TAKE SUCH PERSON
 INTO CUSTODY.
   15.  "JUDICIAL  WARRANT" MEANS A WARRANT BASED ON PROBABLE CAUSE FOR A
 VIOLATION OF FEDERAL CRIMINAL IMMIGRATION LAW AND ISSUED  BY  A  FEDERAL
 JUDGE  OR  A  FEDERAL MAGISTRATE JUDGE THAT AUTHORIZES A LAW ENFORCEMENT
 OFFICER TO ARREST AND TAKE INTO CUSTODY THE PERSON WHO IS THE SUBJECT OF
 THE WARRANT.

 A. 8776                             3
 
   16. "PUBLIC SCHOOLS" MEANS ALL PUBLIC ELEMENTARY AND SECONDARY SCHOOLS
 UNDER THE JURISDICTION OF LOCAL GOVERNING BOARDS  OR  A  CHARTER  SCHOOL
 BOARD,  THE  STATE  UNIVERSITY  AS DEFINED IN SUBDIVISION ONE OF SECTION
 THREE HUNDRED FIFTY OF THE  EDUCATION  LAW  AND  COMMUNITY  COLLEGES  AS
 DEFINED  IN  SUBDIVISION  TWO  OF SECTION SIXTY-THREE HUNDRED ONE OF THE
 EDUCATION LAW.
   17. "SCHOOL POLICE AND SECURITY DEPARTMENTS" INCLUDES POLICE AND SECU-
 RITY  DEPARTMENTS  OF  THE  STATE  UNIVERSITY  OF  NEW  YORK,  COMMUNITY
 COLLEGES,  CHARTER  SCHOOLS, PUBLIC ELEMENTARY AND SECONDARY SCHOOLS AND
 SCHOOL DISTRICTS.
   § 319-A. RESTRICTIONS ON NEW YORK LAW ENFORCEMENT AGENCY  ACTIONS.  1.
 NEW YORK LAW ENFORCEMENT AGENCIES SHALL NOT:
   (A)  USE  AGENCY  OR  DEPARTMENT  MONEYS  OR PERSONNEL TO INVESTIGATE,
 INTERROGATE, DETAIN, DETECT, OR ARREST PERSONS FOR IMMIGRATION  ENFORCE-
 MENT PURPOSES, INCLUDING ANY OF THE FOLLOWING:
   (I) INQUIRING INTO A PERSON'S IMMIGRATION STATUS.
   (II) DETAINING A PERSON ON THE BASIS OF A HOLD REQUEST.
   (III)  PROVIDING  INFORMATION  REGARDING  A  PERSON'S  RELEASE DATE OR
 RESPONDING TO REQUESTS FOR NOTIFICATION BY PROVIDING  RELEASE  DATES  OR
 OTHER INFORMATION UNLESS THAT INFORMATION IS AVAILABLE TO THE PUBLIC, OR
 IS IN RESPONSE TO A NOTIFICATION REQUEST FROM IMMIGRATION AUTHORITIES IN
 ACCORDANCE  WITH  SECTION  THREE  HUNDRED  NINETEEN-B  OF  THIS ARTICLE.
 RESPONSES ARE NEVER REQUIRED, BUT ARE PERMITTED UNDER THIS  SUBDIVISION,
 PROVIDED THAT THEY DO NOT VIOLATE ANY LOCAL LAW OR POLICY.
   (IV)  PROVIDING  PERSONAL  INFORMATION  ABOUT  A  PERSON AS DEFINED IN
 SUBDIVISION SEVEN OF SECTION NINETY-TWO  OF  THE  PUBLIC  OFFICERS  LAW,
 INCLUDING,  BUT  NOT  LIMITED  TO,  SUCH  PERSON'S  HOME ADDRESS OR WORK
 ADDRESS UNLESS THAT INFORMATION IS AVAILABLE TO THE PUBLIC.
   (V) MAKING OR INTENTIONALLY PARTICIPATING IN ARRESTS  BASED  ON  CIVIL
 IMMIGRATION WARRANTS.
   (VI)  ASSISTING IMMIGRATION AUTHORITIES IN THE ACTIVITIES DESCRIBED IN
 PARAGRAPH THREE OF SUBSECTION (A) OF SECTION THIRTEEN HUNDRED FIFTY-SEV-
 EN OF TITLE EIGHT OF THE UNITED STATES CODE.
   (VII) PERFORMING THE FUNCTIONS  OF  AN  IMMIGRATION  OFFICER,  WHETHER
 PURSUANT  TO  SUBSECTION  (G) OF SECTION THIRTEEN HUNDRED FIFTY-SEVEN OF
 TITLE EIGHT OF THE UNITED STATES CODE OR ANY OTHER LAW,  REGULATION,  OR
 POLICY, WHETHER FORMAL OR INFORMAL.
   (B)  PLACE PEACE OFFICERS UNDER THE SUPERVISION OF FEDERAL AGENCIES OR
 EMPLOY PEACE OFFICERS DEPUTIZED AS SPECIAL FEDERAL OFFICERS  OR  SPECIAL
 FEDERAL  DEPUTIES  FOR  PURPOSES  OF  IMMIGRATION ENFORCEMENT. ALL PEACE
 OFFICERS REMAIN SUBJECT TO NEW YORK LAW GOVERNING CONDUCT OF PEACE OFFI-
 CERS AND THE POLICIES OF THE EMPLOYING AGENCY.
   (C) USE IMMIGRATION AUTHORITIES AS INTERPRETERS  FOR  LAW  ENFORCEMENT
 MATTERS RELATING TO PERSONS IN AGENCY OR DEPARTMENT CUSTODY.
   (D)  TRANSFER A PERSON TO IMMIGRATION AUTHORITIES UNLESS AUTHORIZED BY
 A JUDICIAL WARRANT OR  JUDICIAL  PROBABLE  CAUSE  DETERMINATION,  OR  IN
 ACCORDANCE WITH SECTION THREE HUNDRED NINETEEN-B OF THIS ARTICLE.
   (E) PROVIDE OFFICE SPACE EXCLUSIVELY DEDICATED FOR IMMIGRATION AUTHOR-
 ITIES FOR USE WITHIN A CITY OR COUNTY LAW ENFORCEMENT FACILITY.
   (F)  CONTRACT  WITH  THE  FEDERAL  GOVERNMENT  FOR USE OF NEW YORK LAW
 ENFORCEMENT AGENCY FACILITIES TO HOUSE INDIVIDUALS AS FEDERAL DETAINEES.
   2. NOTWITHSTANDING THE LIMITATIONS IN SUBDIVISION ONE OF THIS SECTION,
 THIS SECTION DOES NOT PREVENT ANY NEW YORK LAW ENFORCEMENT  AGENCY  FROM
 DOING  ANY  OF THE FOLLOWING THAT DOES NOT VIOLATE ANY POLICY OF THE LAW
 ENFORCEMENT AGENCY OR ANY LOCAL LAW OR POLICY  OF  THE  JURISDICTION  IN
 WHICH THE AGENCY IS OPERATING:

 A. 8776                             4
 
   (A)  INVESTIGATING,  ENFORCING, OR DETAINING UPON REASONABLE SUSPICION
 OF, OR ARRESTING FOR A VIOLATION OF, SUBSECTION (A) OF SECTION  THIRTEEN
 HUNDRED  TWENTY-SIX OF TITLE EIGHT OF THE UNITED STATES CODE THAT MAY BE
 SUBJECT TO THE ENHANCEMENT SPECIFIED IN PARAGRAPH TWO OF SUBSECTION  (B)
 OF  SECTION  THIRTEEN  HUNDRED  TWENTY-SIX  OF TITLE EIGHT OF THE UNITED
 STATES CODE AND THAT IS DETECTED DURING  AN  UNRELATED  LAW  ENFORCEMENT
 ACTIVITY.  TRANSFERS TO IMMIGRATION AUTHORITIES ARE PERMITTED UNDER SUCH
 SUBSECTION ONLY IN ACCORDANCE WITH PARAGRAPH (D) OF SUBDIVISION  ONE  OF
 THIS SECTION.
   (B)  RESPONDING TO A REQUEST FROM IMMIGRATION AUTHORITIES FOR INFORMA-
 TION ABOUT A SPECIFIC  PERSON'S  CRIMINAL  HISTORY,  INCLUDING  PREVIOUS
 CRIMINAL  ARRESTS,  CONVICTIONS, OR SIMILAR CRIMINAL HISTORY INFORMATION
 ACCESSED THROUGH THE DIVISION OF CRIMINAL JUSTICE SERVICES, WHERE OTHER-
 WISE PERMITTED BY STATE LAW.
   (C) CONDUCTING ENFORCEMENT OR INVESTIGATIVE DUTIES ASSOCIATED  WITH  A
 JOINT  LAW ENFORCEMENT TASK FORCE, INCLUDING THE SHARING OF CONFIDENTIAL
 INFORMATION WITH OTHER LAW ENFORCEMENT AGENCIES  FOR  PURPOSES  OF  TASK
 FORCE INVESTIGATIONS, SO LONG AS THE FOLLOWING CONDITIONS ARE MET:
   (I) THE PRIMARY PURPOSE OF THE JOINT LAW ENFORCEMENT TASK FORCE IS NOT
 IMMIGRATION  ENFORCEMENT,  AS  DEFINED  IN SUBDIVISION ELEVEN OF SECTION
 THREE HUNDRED NINETEEN OF THIS ARTICLE.
   (II) THE ENFORCEMENT OR INVESTIGATIVE DUTIES ARE PRIMARILY RELATED  TO
 A  VIOLATION  OF  STATE OR FEDERAL LAW UNRELATED TO IMMIGRATION ENFORCE-
 MENT.
   (III) PARTICIPATION IN THE TASK FORCE BY A NEW  YORK  LAW  ENFORCEMENT
 AGENCY DOES NOT VIOLATE ANY LOCAL LAW OR POLICY TO WHICH IT IS OTHERWISE
 SUBJECT.
   (D)  MAKING  INQUIRIES  INTO INFORMATION NECESSARY TO CERTIFY A PERSON
 WHO HAS BEEN IDENTIFIED AS A POTENTIAL CRIME OR TRAFFICKING VICTIM FOR A
 T OR U VISA PURSUANT TO SUBPARAGRAPHS (T) AND (U) OF  PARAGRAPH  FIFTEEN
 OF  SUBSECTION  (A)  OF SECTION ELEVEN HUNDRED ONE OF TITLE EIGHT OF THE
 UNITED STATES CODE OR TO COMPLY WITH PARAGRAPH FIVE OF SUBSECTION (D) OF
 SECTION NINE HUNDRED TWENTY-TWO OF TITLE EIGHTEEN OF THE  UNITED  STATES
 CODE.
   (E)  GIVING  IMMIGRATION  AUTHORITIES  ACCESS TO INTERVIEW A PERSON IN
 AGENCY OR DEPARTMENT CUSTODY.
   3. (A) IF A NEW YORK LAW ENFORCEMENT AGENCY CHOOSES TO PARTICIPATE  IN
 A  JOINT LAW ENFORCEMENT TASK FORCE, FOR WHICH SUCH AGENCY HAS AGREED TO
 DEDICATE PERSONNEL OR RESOURCES ON AN ONGOING BASIS, SUCH  AGENCY  SHALL
 SUBMIT  A  REPORT ANNUALLY TO THE DIVISION OF CRIMINAL JUSTICE SERVICES.
 SUCH AGENCY SHALL REPORT THE FOLLOWING INFORMATION, IF KNOWN,  FOR  EACH
 TASK FORCE OF WHICH IT IS A MEMBER:
   (I) THE PURPOSE OF THE TASK FORCE;
   (II) THE FEDERAL, STATE, AND LOCAL LAW ENFORCEMENT AGENCIES INVOLVED;
   (III)  THE  TOTAL  NUMBER OF ARRESTS MADE DURING THE REPORTING PERIOD;
 AND
   (IV)  THE  NUMBER  OF  PEOPLE  ARRESTED  FOR  IMMIGRATION  ENFORCEMENT
 PURPOSES.
   (B) ALL LAW ENFORCEMENT AGENCIES SHALL REPORT ANNUALLY TO THE DIVISION
 OF  CRIMINAL JUSTICE SERVICES, IN A MANNER SPECIFIED BY THE COMMISSIONER
 OF THE DIVISION OF CRIMINAL JUSTICE SERVICES, THE  NUMBER  OF  TRANSFERS
 PURSUANT  TO  PARAGRAPH  (D) OF SUBDIVISION ONE OF THIS SECTION, AND THE
 OFFENSE THAT ALLOWED FOR THE TRANSFER, PURSUANT TO SUCH PARAGRAPH.
   (C) ALL RECORDS DESCRIBED IN THIS SUBDIVISION SHALL BE PUBLIC  RECORDS
 FOR PURPOSES OF ARTICLE SIX OF THE PUBLIC OFFICERS LAW.

 A. 8776                             5
 
   (D)  IF MORE THAN ONE NEW YORK LAW ENFORCEMENT AGENCY IS PARTICIPATING
 IN A JOINT TASK FORCE THAT MEETS THE REPORTING REQUIREMENT  PURSUANT  TO
 THIS  SECTION,  THE  JOINT  TASK  FORCE SHALL DESIGNATE A LOCAL OR STATE
 AGENCY RESPONSIBLE FOR COMPLETING THE REPORTING REQUIREMENT.
   4.  THE  COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES, BY
 MARCH FIRST, TWO  THOUSAND  NINETEEN,  AND  ANNUALLY  THEREAFTER,  SHALL
 REPORT ON THE TOTAL NUMBER OF ARRESTS MADE BY JOINT LAW ENFORCEMENT TASK
 FORCES,  AND  THE  TOTAL NUMBER OF ARRESTS MADE FOR THE PURPOSE OF IMMI-
 GRATION ENFORCEMENT BY ALL TASK FORCE  PARTICIPANTS,  INCLUDING  FEDERAL
 LAW  ENFORCEMENT AGENCIES. TO THE EXTENT THAT DISCLOSURE OF A PARTICULAR
 ITEM OF INFORMATION WOULD ENDANGER THE SAFETY OF A PERSON INVOLVED IN AN
 INVESTIGATION, OR WOULD ENDANGER THE SUCCESSFUL COMPLETION OF THE INVES-
 TIGATION OR A RELATED  INVESTIGATION,  THAT  INFORMATION  SHALL  NOT  BE
 INCLUDED  IN  SUCH  REPORT. THE COMMISSIONER OF THE DIVISION OF CRIMINAL
 JUSTICE SERVICES SHALL POST THE REPORTS REQUIRED BY THIS SUBDIVISION  ON
 THE DIVISION OF CRIMINAL JUSTICE SERVICES INTERNET WEB SITE.
   5. THIS SECTION DOES NOT PROHIBIT OR RESTRICT ANY GOVERNMENT ENTITY OR
 OFFICIAL FROM SENDING TO, OR RECEIVING FROM, FEDERAL IMMIGRATION AUTHOR-
 ITIES,  INFORMATION  REGARDING  THE  CITIZENSHIP  OR IMMIGRATION STATUS,
 LAWFUL OR UNLAWFUL, OF A PERSON, OR FROM REQUESTING FROM  FEDERAL  IMMI-
 GRATION  AUTHORITIES IMMIGRATION STATUS INFORMATION, LAWFUL OR UNLAWFUL,
 OF ANY PERSON, OR MAINTAINING OR EXCHANGING THAT  INFORMATION  WITH  ANY
 OTHER  FEDERAL,  STATE, OR LOCAL GOVERNMENT ENTITY, PURSUANT TO SECTIONS
 THIRTEEN HUNDRED SEVENTY-THREE AND SIXTEEN HUNDRED FORTY-FOUR  OF  TITLE
 EIGHT OF THE UNITED STATES CODE.
   6.  NOTHING  IN THIS SECTION SHALL PROHIBIT A NEW YORK LAW ENFORCEMENT
 AGENCY FROM ASSERTING ITS OWN JURISDICTION OVER CRIMINAL LAW ENFORCEMENT
 MATTERS.
   § 319-B. STANDARDS FOR RESPONDING TO  UNITED  STATES  IMMIGRATION  AND
 CUSTOMS  ENFORCEMENT  HOLDS.  1.  A  LAW ENFORCEMENT OFFICIAL SHALL HAVE
 DISCRETION TO COOPERATE WITH IMMIGRATION AUTHORITIES ONLY  IF  DOING  SO
 WOULD NOT VIOLATE ANY FEDERAL, STATE, OR LOCAL LAW, OR LOCAL POLICY, AND
 WHERE  PERMITTED  BY  SECTION  THREE HUNDRED NINETEEN-A OF THIS ARTICLE.
 ADDITIONALLY, THE SPECIFIC ACTIVITIES DESCRIBED IN SUBPARAGRAPH (III) OF
 PARAGRAPH (A) OF SUBDIVISION ONE OF SUCH SECTION AND IN PARAGRAPH (D) OF
 SUBDIVISION ONE OF SUCH SECTION SHALL ONLY  OCCUR  UNDER  THE  FOLLOWING
 CIRCUMSTANCES:
   (A)  SUCH  PERSON HAS BEEN CONVICTED OF A VIOLENT FELONY AS DEFINED IN
 SUBDIVISION ONE OF SECTION 70.02 OF THE PENAL LAW.
   (B) SUCH PERSON HAS BEEN CONVICTED OF A FELONY PUNISHABLE BY IMPRISON-
 MENT IN THE STATE PRISON.
   (C) SUCH PERSON HAS BEEN CONVICTED WITHIN THE PAST  FIVE  YEARS  OF  A
 MISDEMEANOR  FOR A CRIME THAT IS PUNISHABLE AS EITHER A MISDEMEANOR OR A
 FELONY, OR HAS BEEN CONVICTED WITHIN THE LAST FIFTEEN YEARS OF A FELONY.
   (D) SUCH PERSON IS A CURRENT REGISTRANT  ON  THE  STATE  SEX  OFFENDER
 REGISTRY PURSUANT TO ARTICLE SIX-C OF THE CORRECTION LAW.
   (E)  SUCH  PERSON HAS BEEN CONVICTED OF A FEDERAL CRIME THAT MEETS THE
 DEFINITION OF AN AGGRAVATED FELONY AS SET FORTH IN SUBPARAGRAPHS (A)  TO
 (P),  INCLUSIVE,  OF  PARAGRAPH FORTY-THREE OF SUBSECTION (A) OF SECTION
 ONE HUNDRED ONE OF THE FEDERAL IMMIGRATION AND NATIONALITY ACT (8 U.S.C.
 SEC. 1101), OR IS IDENTIFIED BY THE UNITED STATES DEPARTMENT OF HOMELAND
 SECURITY'S IMMIGRATION AND CUSTOMS ENFORCEMENT  AS  THE  SUBJECT  OF  AN
 OUTSTANDING FEDERAL FELONY ARREST WARRANT.
   2.  IN  CASES  IN WHICH A PERSON IS ARRESTED AND TAKEN BEFORE A MAGIS-
 TRATE ON A CHARGE INVOLVING A VIOLENT FELONY, AS DEFINED IN  SUBDIVISION
 ONE OF SECTION 70.02 OF THE PENAL LAW, OR A FELONY THAT IS PUNISHABLE BY

 A. 8776                             6
 
 IMPRISONMENT  IN  STATE PRISON, AND THE COURT MAKES A FINDING OF REASON-
 ABLE CAUSE AS TO THAT CHARGE PURSUANT TO SECTION 180.70 OF THE  CRIMINAL
 PROCEDURE  LAW,  A  LAW  ENFORCEMENT  OFFICIAL  SHALL  ADDITIONALLY HAVE
 DISCRETION  TO COOPERATE WITH IMMIGRATION OFFICIALS PURSUANT TO SUBPARA-
 GRAPH (III) OF PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION THREE HUNDRED
 NINETEEN-A OF THIS ARTICLE.
   § 319-C. COOPERATION POLICIES. 1. THE ATTORNEY GENERAL OF THE STATE OF
 NEW YORK, BY OCTOBER FIRST, TWO THOUSAND EIGHTEEN, IN CONSULTATION  WITH
 APPROPRIATE  STAKEHOLDERS, SHALL PUBLISH MODEL POLICIES LIMITING ASSIST-
 ANCE  WITH  IMMIGRATION  ENFORCEMENT  TO  THE  FULLEST  EXTENT  POSSIBLE
 CONSISTENT  WITH  FEDERAL  AND  STATE  LAW  AT  PUBLIC  SCHOOLS,  PUBLIC
 LIBRARIES, HEALTH FACILITIES AND SHELTERS OPERATED BY  THE  STATE  OR  A
 POLITICAL  SUBDIVISION  OF  THE  STATE, COURTHOUSES, DEPARTMENT OF LABOR
 FACILITIES, THE DEPARTMENT OF WORKERS COMPENSATION AND THE DEPARTMENT OF
 SOCIAL SERVICES, AND ENSURING THAT THEY REMAIN SAFE  AND  ACCESSIBLE  TO
 ALL  NEW  YORK  RESIDENTS,  REGARDLESS OF IMMIGRATION STATUS. ALL PUBLIC
 SCHOOLS, HEALTH FACILITIES OPERATED BY THE STATE OR A POLITICAL SUBDIVI-
 SION OF THE STATE, AND COURTHOUSES SHALL IMPLEMENT SUCH MODEL POLICY, OR
 AN EQUIVALENT POLICY.
   2. FOR ANY DATABASES OPERATED BY STATE AND LOCAL LAW ENFORCEMENT AGEN-
 CIES, INCLUDING DATABASES MAINTAINED FOR THE AGENCY BY PRIVATE  VENDORS,
 THE  ATTORNEY  GENERAL OF THE STATE OF NEW YORK SHALL, BY OCTOBER FIRST,
 TWO THOUSAND EIGHTEEN, IN CONSULTATION  WITH  APPROPRIATE  STAKEHOLDERS,
 PUBLISH  GUIDANCE, AUDIT CRITERIA, AND TRAINING RECOMMENDATIONS AIMED AT
 ENSURING THAT THOSE DATABASES ARE GOVERNED IN A MANNER THAT  LIMITS  THE
 AVAILABILITY  OF  INFORMATION  THEREIN TO THE FULLEST EXTENT PRACTICABLE
 AND CONSISTENT WITH FEDERAL AND STATE LAW, TO ANYONE OR ANY  ENTITY  FOR
 THE PURPOSE OF IMMIGRATION ENFORCEMENT. ALL STATE AND LOCAL LAW ENFORCE-
 MENT AGENCIES SHALL ADOPT NECESSARY CHANGES TO DATABASE GOVERNANCE POLI-
 CIES CONSISTENT WITH SUCH GUIDANCE.
   §  319-D. SEVERABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH, SECTION OR
 PART OF THIS ARTICLE SHALL BE ADJUDGED BY ANY COURT OF COMPETENT  JURIS-
 DICTION TO BE INVALID, SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALI-
 DATE  THE  REMAINDER  THEREOF, BUT SHALL BE CONFINED IN ITS OPERATION TO
 THE CLAUSE,  SENTENCE,  PARAGRAPH,  SECTION  OR  PART  THEREOF  DIRECTLY
 INVOLVED  IN  THE  CONTROVERSY  IN  WHICH  SUCH JUDGMENT SHALL HAVE BEEN
 RENDERED.
   § 2. The correction law is amended by adding a new section 625 to read
 as follows:
   § 625. COOPERATION WITH UNITED STATES IMMIGRATION AND CUSTOMS ENFORCE-
 MENT. 1. THE DEPARTMENT SHALL:
   (A) IN ADVANCE OF ANY INTERVIEW BETWEEN THE UNITED STATES  IMMIGRATION
 AND CUSTOMS ENFORCEMENT (ICE) AND A PERSON IN DEPARTMENT CUSTODY REGARD-
 ING  CIVIL  IMMIGRATION  VIOLATIONS,  PROVIDE SUCH PERSON WITH A WRITTEN
 CONSENT FORM THAT EXPLAINS THE PURPOSE OF THE INTERVIEW, THAT THE INTER-
 VIEW IS VOLUNTARY, AND THAT HE OR SHE MAY DECLINE TO BE  INTERVIEWED  OR
 MAY CHOOSE TO BE INTERVIEWED ONLY WITH HIS OR HER ATTORNEY PRESENT.
   (B) UPON RECEIVING ANY ICE HOLD, NOTIFICATION, OR TRANSFER REQUEST, AS
 DEFINED  IN SECTION THREE HUNDRED NINETEEN OF THE EXECUTIVE LAW, PROVIDE
 A COPY OF THE REQUEST TO SUCH PERSON AND INFORM HIM OR HER  WHETHER  THE
 DEPARTMENT INTENDS TO COMPLY WITH THE REQUEST.
   2. THE DEPARTMENT SHALL NOT:
   (A)  RESTRICT  ACCESS  TO  ANY IN-PRISON EDUCATIONAL OR REHABILITATIVE
 PROGRAMMING, OR CREDIT-EARNING OPPORTUNITY ON THE SOLE BASIS OF CITIZEN-
 SHIP OR IMMIGRATION STATUS, INCLUDING, BUT NOT  LIMITED  TO,  WHETHER  A
 PERSON IS IN REMOVAL PROCEEDINGS, OR IMMIGRATION AUTHORITIES HAVE ISSUED

 A. 8776                             7
 
 A  HOLD  REQUEST, TRANSFER REQUEST, NOTIFICATION REQUEST, OR CIVIL IMMI-
 GRATION WARRANT AGAINST SUCH PERSON.
   (B)  CONSIDER CITIZENSHIP AND IMMIGRATION STATUS AS A FACTOR IN DETER-
 MINING A PERSON'S CUSTODIAL CLASSIFICATION  LEVEL,  INCLUDING,  BUT  NOT
 LIMITED  TO,  WHETHER  SUCH PERSON IS IN REMOVAL PROCEEDINGS, OR WHETHER
 IMMIGRATION AUTHORITIES HAVE ISSUED A HOLD  REQUEST,  TRANSFER  REQUEST,
 NOTIFICATION REQUEST, OR CIVIL IMMIGRATION WARRANT AGAINST SUCH PERSON.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law; provided, however, that  effective  immediately,  the
 addition,  amendment  and/or  repeal of any rule or regulation necessary
 for the implementation of this act on its effective date are  authorized
 and directed to be made and completed on or before such effective date.