NY State Senate Bill 2019-S6107

Archive: Last Bill Status - In Senate Committee Local Government Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to local government
May 16, 2019	referred to local government

2019-S6107 (ACTIVE) - Details

See Assembly Version of this Bill:: A7853
Current Committee:: Senate Local Government
Law Section:: General Municipal Law
Laws Affected:: Add §99-x, Gen Muni L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S1099
2023-2024: S2207

2019-S6107 (ACTIVE) - Summary

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.

2019-S6107 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6107

SPONSOR: LIU
 
TITLE OF BILL:  An act to amend the general municipal law, in relation
to oversight of immigration detention facilities

 
PURPOSE OR GENERAL IDEA OF BILL:

To provide additional oversight of immigration detention facilities in
New York State, limit the expansion of immigration detention facilities
in New York State and to prohibit the construction of new immigration
detention facilities unless approval is gained from the legislature.

 
SUMMARY OF PROVISIONS:

Section 1 amends the general municipal law by adding a new section 99-x.

Section 99x subsection 1 amends the general municipal law to prohibit
the use of municipal funds, or resources for the construction or expan-
sion of immigration detention facilities without approval from the
legislature.

Section 99x subsection 2 amends the general municipal law to prohibit
the use of municipal lands, buildings or other resources for the
construction of any new federal or private detention facilities within
its jurisdiction; and limits municipalities from expanding upon and
entering in current or new agreements to detain noncitizens for civil
proceedings unless such municipality has obtained legislative approval.

Section 99x subsection 3 establishes a committee on immigration
detention oversight consisting of six members, sets parameters for the
review of existing immigration detention facilities, allocates funding
for the committee on immigration detention, sets baseline standards for
review, and adds reporting requirements for the established committee.

Section 2 sets the effective date.

 
JUSTIFICATION:

Recent reports have shown that public and private contractors running
immigration detention facilities have violated federal detention stand-
ards thousands of times in recent years, including failing to report
allegations of sexual assaults and staff misconduct to Immigration and
Customs Enforcement.

In addition, members of the legislature whom have conducted visits to
immigration detention facilities located the State have noted a lack of
heat, less than adequate clothing for confinement, a high cost for phone
calls, a lack of care in medical appointments in addition to a denial of
due process with detainees being held indefinitely for weeks, months,,
or even years, In anticipation of a court hearing.

This bill would ensure that immigration detention facilities are in
accordance with legal detention standards as determined by the Federal
Government and New York State while ensuring that local jails are unable
to expand the detention of immigrants without legislative approval.

 
PRIOR LEGISLATIVE HISTORY:;

New bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S6107 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6107
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2019
                                ___________
 
 Introduced  by  Sen.  LIU  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 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:
 
   Section 1. The general municipal  law  is  amended  by  adding  a  new
 section 99-x to read as follows:
   § 99-X. IMMIGRATION DETENTION FACILITIES WITHIN MUNICIPALITIES. 1. (A)
 NO MUNICIPALITY SHALL PERMIT MUNICIPAL FUNDS OR RESOURCES TO BE UTILIZED
 FOR THE CONSTRUCTION OF ANY NEW DETENTION FACILITIES OR THE EXPANSION OF
 EXISTING  DETENTION  FACILITIES  TO HOUSE IMMIGRANT, MIGRANT, REFUGEE OR
 ASYLUM-SEEKING POPULATIONS WITHIN ITS BORDERS, UNLESS SUCH  CONSTRUCTION
 OR  EXPANSION  HAS BEEN APPROVED BY THE LEGISLATURE AS PROVIDED IN PARA-
 GRAPH (B) OF THIS SUBDIVISION.
   (B) A MUNICIPALITY SHALL OBTAIN LEGISLATIVE APPROVAL PRIOR TO ENGAGING
 IN ANY OF THE FOLLOWING:
   (I) SEEKING FUNDS FOR  THE  CONSTRUCTION  OR  SUPPORT  OF  IMMIGRATION
 DETENTION  FACILITIES,  INCLUDING,  BUT  NOT  LIMITED TO, APPLYING FOR A
 GRANT, OR SOLICITING OR ACCEPTING STATE OR FEDERAL FUNDS OR  IN-KIND  OR
 OTHER DONATIONS;
   (II) ENGAGING IN ANY PLANS TO SHARE RESOURCES AND COORDINATE DETENTION
 ACTIVITIES  WITH  THE  UNITED  STATES  BUREAU OF IMMIGRATION AND CUSTOMS
 ENFORCEMENT OR OTHER IMMIGRATION OFFICIALS SUCH AS USING AVAILABLE  BEDS
 IN LOCAL CITY JAILS FOR DETENTION USE; OR
   (III)  CONSTRUCTING  ANY  NEW DETENTION FACILITIES WITHIN SUCH MUNICI-
 PALITY'S JURISDICTION.
   (C) FOR PURPOSES OF THIS SECTION THE  TERM  "MUNICIPALITY"  MEANS  ANY
 COUNTY, CITY, TOWN, OR VILLAGE.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11398-01-9

 S. 6107                             2
 
   2.  (A)  NO  MUNICIPALITY SHALL UTILIZE MUNICIPAL LAND OR BUILDINGS OR
 OTHER RESOURCES TOWARD THE CONSTRUCTION OF ANY NEW  FEDERAL  OR  PRIVATE
 DETENTION FACILITIES WITHIN ITS JURISDICTION.
   (B)  ANY  MUNICIPALITY  THAT DOES NOT HAVE A CONTRACT WITH THE FEDERAL
 GOVERNMENT OR ANY FEDERAL AGENCY OR A PRIVATE CORPORATION  TO  HOUSE  OR
 DETAIN  NONCITIZENS FOR PURPOSES OF CIVIL IMMIGRATION CUSTODY, SHALL NOT
 ENTER INTO A CONTRACT WITH THE FEDERAL GOVERNMENT OR ANY FEDERAL  AGENCY
 OR A PRIVATE CORPORATION TO HOUSE OR DETAIN IN A LOCKED DETENTION FACIL-
 ITY NONCITIZENS.
   (C)  ANY  MUNICIPALITY  THAT HAS AN EXISTING CONTRACT WITH THE FEDERAL
 GOVERNMENT OR ANY FEDERAL AGENCY OR  A  PRIVATE  CORPORATION  TO  DETAIN
 NONCITIZENS FOR PURPOSES OF CIVIL IMMIGRATION CUSTODY, SHALL NOT, ON AND
 AFTER  THE EFFECTIVE DATE OF THIS SECTION, RENEW OR MODIFY SUCH CONTRACT
 TO EXPAND THE MAXIMUM NUMBER OF CONTRACT BEDS TO HOUSE OR  DETAIN  IN  A
 LOCKED  DETENTION FACILITY NONCITIZENS FOR PURPOSES OF CIVIL IMMIGRATION
 CUSTODY.
   (D) A MUNICIPALITY SHALL NOT APPROVE OR SIGN A  DEED,  INSTRUMENT,  OR
 OTHER  DOCUMENT  RELATED  TO  A  USE OR TRANSFER OF LAND OR PROPERTY, OR
 ISSUE A PERMIT FOR THE BUILDING OR REUSE OF EXISTING  BUILDINGS  BY  ANY
 PRIVATE  CORPORATION,  CONTRACTOR, OR VENDOR TO HOUSE OR DETAIN NONCITI-
 ZENS FOR PURPOSES OF CIVIL IMMIGRATION PROCEEDINGS UNLESS  SUCH  MUNICI-
 PALITY HAS OBTAINED LEGISLATIVE APPROVAL.
   3. (A) A COMMITTEE ON IMMIGRATION DETENTION OVERSIGHT IS HEREBY ESTAB-
 LISHED  FOR  THE  PURPOSES  OF  ENSURING INCREASED OVERSIGHT OF EXISTING
 FEDERAL AND PRIVATE DETENTION CENTERS THROUGH REGULAR ANNUAL REVIEWS  OF
 EXISTING  DETENTION  FACILITIES.  SUCH  COMMITTEE  SHALL  CONSIST OF SIX
 MEMBERS, ONE MEMBER EACH APPOINTED BY THE GOVERNOR, THE ATTORNEY  GENER-
 AL,  THE COMPTROLLER, THE SECRETARY OF STATE, THE TEMPORARY PRESIDENT OF
 THE SENATE, AND THE SPEAKER OF THE ASSEMBLY.
   (B) SUCH COMMITTEE SHALL:
   (I) DELEGATE AUTHORITY,  AND  WHERE  NECESSARY,  IDENTIFY  APPROPRIATE
 AGENCIES  TO  DETERMINE  A RECURRING SERIES OF REGULAR ANNUAL REVIEWS OF
 EXISTING DETENTION FACILITIES;
   (II) ALLOCATE FUNDING, SUBJECT TO APPROPRIATION, TO ENSURE TIMELY  AND
 REGULAR REVIEW OF DETENTION FACILITIES; AND
   (III) ENSURE AND SAFEGUARD THE TREATMENT OF INDIVIDUALS DETAINED WITH-
 IN  IMMIGRATION  DETENTION  FACILITIES IN A MANNER THAT MEETS OR EXCEEDS
 THE FEDERAL NATIONAL STANDARDS AND OTHER APPLICABLE LEGAL REQUIREMENTS.
   (C) SUCH COMMITTEE SHALL ISSUE AN ANNUAL REPORT TO THE  GOVERNOR,  THE
 ATTORNEY GENERAL, THE COMPTROLLER, THE SECRETARY OF STATE, THE TEMPORARY
 PRESIDENT  OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY WITH ITS FIND-
 INGS AND A LIST OF ANY  AND  ALL  DETERMINATIONS  WHERE  AN  IMMIGRATION
 DETENTION  FACILITY  DOES NOT MEET OR EXCEED THE FEDERAL NATIONAL STAND-
 ARDS AND OTHER APPLICABLE LEGAL REQUIREMENTS.
   § 2. This act shall take effect immediately.

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Senate Bill S6107

Sponsored By

Archive: Last Bill Status - In Senate Committee Local Government Committee

2019-S6107 (ACTIVE) - Details

2019-S6107 (ACTIVE) - Summary

2019-S6107 (ACTIVE) - Sponsor Memo

2019-S6107 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6107

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Sponsored By

John C. Liu

Archive: Last Bill Status - In Senate Committee Local Government Committee

2019-S6107 (ACTIVE) - Details

2019-S6107 (ACTIVE) - Summary

2019-S6107 (ACTIVE) - Sponsor Memo

2019-S6107 (ACTIVE) - Bill Text download pdf

Comments