NY State Senate Bill 2021-S7373

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction 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 05, 2022	referred to crime victims, crime and correction
Sep 10, 2021	referred to rules

co-Sponsors

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2021-S7373 (ACTIVE) - Details

See Assembly Version of this Bill:: A7099
Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Amd §2, add Art 29 §900, Cor L
Versions Introduced in 2023-2024 Legislative Session:: S306, A4354

2021-S7373 (ACTIVE) - Summary

Prohibits governmental entities from entering into agreements to house individuals in immigration detention facilities; requires governmental entities to terminate existing contracts for the detention of individuals in immigration detention facilities.

2021-S7373 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7373

SPONSOR: SALAZAR
 
TITLE OF BILL:

An act to amend the correction law, in relation to enacting the "Dignity
Not Detention Act"

 
PURPOSE:

Prohibit the entering, renewal, or continuation of immigration detention
contracts.

 
SUMMARY OF PROVISIONS:

Section one is the title of the bill.

Section two amends Article 1 Section 2 of correction law to include two
new subdivisions defining the terms "immigration detention facility" and
"immigration detention contract."

Section three adds a new article 29 to the correction law. This article

prohibits governmental entities from entering or renewing an immigration
detention contract or receiving any payments related to immigration
detention. This article also prompts any governmental entities with
existing immigration detention contracts to exercise the termination
provision in the contract by  
INSERT DATE.

Section four contains a severability clause.

Section five is the effective date.

 
JUSTIFICATION:

Immigration detention is inhumane, dangerous, undermines public safety,
and a threat to New Yorkers all over the state. Immigration detention
harms not only the individuals detained but also their loved ones and
communities. The COVID-19 pandemic underscored the public health threats
that detention centers pose to detained individuals, their loved ones
upon release, and the health of all New Yorkers. New York's contracts to
profit from the detention of immigrants fuel a larger deportation
machine in which people are separated from their loved ones and forced
into cages. In the furtherance of justice, public interest, and the
safeguarding of humane treatment for all individuals in New York, and in
accordance with the State legislature's authority over its counties and
municipalities, this legislation seeks to end current immigration
detention contracts and to indefinitely prohibit new contracts of the
same.

It is already illegal in New York state for private enterprises to
profit from incarcerating people. New York passed this law because it
was widely recognized that it was neither a humane practice nor in the
public interest. And yet, the indirect profiteering from the same activ-
ity is still permitted in New York. It is the intent of the Legislature
that this bill declare that the state does not tolerate profiting from
the incarceration of people held in immigration detention. State and
local governments have no obligation to participate in immigration
enforcement as the enforcement of civil immigration laws is the exclu-
sive responsibility of the federal government.
As the New York Supreme Court, Appellate Division, Second Department,
recently affirmed, the New York Criminal Procedure Law provides no
authority for police officers and peace officers in New York to make
arrests for civil immigrations violations absent a judicial warrant.
This legislation adds to these existing restrictions by prohibiting
governmental entities from entering, renewing, or continuing immigration
detention contracts.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
Immediately.

2021-S7373 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7373
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                            September 10, 2021
                                ___________
 
 Introduced  by  Sen. SALAZAR -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the correction law, in relation to enacting the "Dignity
   Not Detention Act"
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  This  act shall be known and may be cited as the "Dignity
 Not Detention Act".
   § 2. Section 2 of the correction law is  amended  by  adding  two  new
 subdivisions 35 and 36 to read as follows:
   35.  "IMMIGRATION  DETENTION FACILITY" MEANS ANY BUILDING, FACILITY OR
 STRUCTURE USED, IN WHOLE OR IN PART, TO HOUSE OR DETAIN INDIVIDUALS  FOR
 CIVIL IMMIGRATION VIOLATIONS.
   36.  "IMMIGRATION  DETENTION AGREEMENT" MEANS ANY CONTRACT, AGREEMENT,
 INTERGOVERNMENTAL SERVICE AGREEMENT OR MEMORANDUM OF UNDERSTANDING  THAT
 AUTHORIZES  A  STATE  OR LOCAL GOVERNMENT TO HOUSE OR DETAIN INDIVIDUALS
 FOR CIVIL IMMIGRATION VIOLATIONS.
   § 3. The correction law is amended by adding a new article 29 to  read
 as follows:
                                ARTICLE 29
                     IMMIGRATION DETENTION AGREEMENTS
 SECTION 900. IMMIGRATION DETENTION AGREEMENT.
   §  900. IMMIGRATION DETENTION AGREEMENT. 1. THE STATE, COUNTY, MUNICI-
 PALITY, A UNIT OF LOCAL GOVERNMENT, A  COUNTY  SHERIFF,  OR  AN  AGENCY,
 OFFICER,  EMPLOYEE,  OR  AGENT  OF THE STATE, COUNTY, MUNICIPALITY, OR A
 UNIT OF LOCAL GOVERNMENT SHALL NOT:
   (A) ENTER INTO OR RENEW AN IMMIGRATION DETENTION AGREEMENT; OR
   (B) RECEIVE ANY PAYMENT RELATED TO THE DETENTION OF INDIVIDUALS IN  AN
 IMMIGRATION DETENTION FACILITY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10536-04-1

 S. 7373                             2
 
   2.  THE  STATE,  COUNTY,  MUNICIPALITY,  A UNIT OF LOCAL GOVERNMENT, A
 COUNTY SHERIFF, OR AN AGENCY, OFFICER, EMPLOYEE, OR AGENT OF THE  STATE,
 COUNTY, MUNICIPALITY, OR A UNIT OF LOCAL GOVERNMENT SHALL NOT:
   (A)  ENTER INTO AN AGREEMENT OF ANY KIND FOR THE DETENTION OF INDIVID-
 UALS IN AN IMMIGRATION DETENTION FACILITY OWNED, MANAGED OR OPERATED, IN
 WHOLE OR IN PART, BY A PRIVATE ENTITY;
   (B) PAY, REIMBURSE, SUBSIDIZE, OR DEFRAY IN ANY WAY ANY COSTS  RELATED
 TO THE SALE, PURCHASE, CONSTRUCTION, DEVELOPMENT, OWNERSHIP, MANAGEMENT,
 OR  OPERATION  OF  AN  IMMIGRATION DETENTION FACILITY THAT IS OR WILL BE
 OWNED, MANAGED, OR OPERATED, IN WHOLE OR IN PART, BY A PRIVATE ENTITY;
   (C) RECEIVE ANY PAYMENT RELATED TO THE DETENTION OF INDIVIDUALS IN  AN
 IMMIGRATION  DETENTION  FACILITY OWNED, MANAGED OR OPERATED, IN WHOLE OR
 IN PART, BY A PRIVATE ENTITY;
   (D) OTHERWISE GIVE ANY FINANCIAL INCENTIVE OR BENEFIT TO  ANY  PRIVATE
 ENTITY  OR  PERSON  IN CONNECTION WITH THE SALE, PURCHASE, CONSTRUCTION,
 DEVELOPMENT, OWNERSHIP,  MANAGEMENT,  OR  OPERATION  OF  AN  IMMIGRATION
 DETENTION  FACILITY  THAT  IS  OR WILL BE OWNED, MANAGED OR OPERATED, IN
 WHOLE OR IN PART, BY A PRIVATE ENTITY; OR
   (E) APPROVE A ZONING VARIANCE OR ISSUE A PERMIT FOR  THE  CONSTRUCTION
 OF  A  BUILDING  OR THE REUSE OF EXISTING BUILDINGS OR STRUCTURES BY ANY
 PRIVATE ENTITY FOR USE AS AN IMMIGRATION DETENTION FACILITY.
   3. THE STATE, COUNTY, MUNICIPALITY, A  UNIT  OF  LOCAL  GOVERNMENT,  A
 COUNTY  SHERIFF, OR AN AGENCY, OFFICER, EMPLOYEE, OR AGENT OF THE STATE,
 COUNTY, MUNICIPALITY OR A UNIT OF  LOCAL  GOVERNMENT  WITH  AN  EXISTING
 IMMIGRATION DETENTION AGREEMENT SHALL EXERCISE THE TERMINATION PROVISION
 CONTAINED  IN  THE  IMMIGRATION DETENTION AGREEMENT NO LATER THAN NINETY
 DAYS FROM THE DATE ON WHICH THIS ARTICLE TAKES EFFECT.
   4. NO PERSON, BUSINESS OR PRIVATE ENTITY SHALL OWN OR OPERATE AN IMMI-
 GRATION DETENTION FACILITY WITHIN THE STATE.
   5.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW  TO  THE  CONTRARY
 CONTAINED IN ANY GENERAL, SPECIAL, OR LOCAL LAWS, IN ANY DISPUTE OVER AN
 IMMIGRATION  DETENTION  AGREEMENT WITH THE STATE, THE PROVISIONS OF THIS
 SECTION SHALL GOVERN.
   § 4. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   § 5. This act shall take effect immediately.

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Senate Bill S7373

Sponsored By

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

co-Sponsors

2021-S7373 (ACTIVE) - Details

2021-S7373 (ACTIVE) - Summary

2021-S7373 (ACTIVE) - Sponsor Memo

2021-S7373 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7373

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Sponsored By

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

co-Sponsors

2021-S7373 (ACTIVE) - Details

2021-S7373 (ACTIVE) - Summary

2021-S7373 (ACTIVE) - Sponsor Memo

2021-S7373 (ACTIVE) - Bill Text download pdf

Comments