S T A T E O F N E W Y O R K
________________________________________________________________________
6071
2019-2020 Regular Sessions
I N A S S E M B L Y
February 26, 2019
___________
Introduced by M. of A. ORTIZ, TAYLOR, COOK, BICHOTTE, BARRON, CRESPO,
RODRIGUEZ, ARROYO, ABINANTI, LENTOL, JAFFEE, WEPRIN, RAMOS, LAVINE,
SEAWRIGHT, BLAKE, DE LA ROSA -- Multi-Sponsored by -- M. of A. SIMON
-- 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10110-01-9
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DETENTION FACILITIES OR TO MAINTAIN CUSTODY OF PERSONS IN JUVENILE
DETENTION FACILITIES.
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
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OFFICER TO ARREST AND TAKE INTO CUSTODY THE PERSON WHO IS THE SUBJECT OF
THE WARRANT.
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
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ENFORCEMENT AGENCY OR ANY LOCAL LAW OR POLICY OF THE JURISDICTION IN
WHICH THE AGENCY IS OPERATING:
(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.
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(C) ALL RECORDS DESCRIBED IN THIS SUBDIVISION SHALL BE PUBLIC RECORDS
FOR PURPOSES OF ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
(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 TWENTY-ONE, 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.
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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
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 TWENTY, 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 TWENTY, 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 626 to read
as follows:
§ 626. 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:
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(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 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. 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.