S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4181
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 31, 2025
                                ___________
 
 Introduced  by  M.  of A. REYES, MITAYNES, MAMDANI, OTIS, SIMON, WEPRIN,
   EPSTEIN, GALLAGHER,  GONZALEZ-ROJAS,  GLICK,  CRUZ,  KELLES,  SEPTIMO,
   TAYLOR,  RIVERA,  ROSENTHAL,  R. CARROLL,  CLARK,  FORREST,  SHRESTHA,
   LEVENBERG, RAGA, BURDICK, HEVESI, CUNNINGHAM, MEEKS,  BORES,  JACKSON,
   ALVAREZ,  FALL,  ZACCARO, TAPIA, ANDERSON, SIMONE, KIM, DE LOS SANTOS,
   SEAWRIGHT, CHANDLER-WATERMAN -- read once and referred to the  Commit-
   tee on Correction
 
 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:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00485-01-5
              

 A. 4181                             2
 
   (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.
   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.