Bill Text: NY A06281 | 2023-2024 | General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Introduced) 2024-01-03 - referred to local governments [A06281 Detail]
Download: New_York-2023-A06281-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6281 2023-2024 Regular Sessions IN ASSEMBLY April 3, 2023 ___________ Introduced by M. of A. WEPRIN, DICKENS, OTIS, CRUZ, ROZIC, REYES, RAMOS, LAVINE -- read once and referred to the Committee on Local Governments 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: 1 Section 1. The general municipal law is amended by adding a new 2 section 99-z to read as follows: 3 § 99-z. Immigration detention facilities within municipalities. 1. (a) 4 No municipality shall permit municipal funds or resources to be utilized 5 for the construction of any new detention facilities or the expansion of 6 existing detention facilities to house immigrant, migrant, refugee or 7 asylum-seeking populations within its borders, unless such construction 8 or expansion has been approved by the legislature as provided in para- 9 graph (b) of this subdivision. 10 (b) A municipality shall obtain legislative approval prior to engaging 11 in any of the following: 12 (i) seeking funds for the construction or support of immigration 13 detention facilities, including, but not limited to, applying for a 14 grant, or soliciting or accepting state or federal funds or in-kind or 15 other donations; 16 (ii) engaging in any plans to share resources and coordinate detention 17 activities with the United States bureau of immigration and customs 18 enforcement or other immigration officials such as using available beds 19 in local city jails for detention use; or 20 (iii) constructing any new detention facilities within such munici- 21 pality's jurisdiction. 22 (c) For purposes of this section the term "municipality" means any 23 county, city, town, or village. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04282-01-3A. 6281 2 1 2. (a) No municipality shall utilize municipal land or buildings or 2 other resources toward the construction of any new federal or private 3 detention facilities within its jurisdiction. 4 (b) Any municipality that does not have a contract with the federal 5 government or any federal agency or a private corporation to house or 6 detain noncitizens for purposes of civil immigration custody, shall not 7 enter into a contract with the federal government or any federal agency 8 or a private corporation to house or detain in a locked detention facil- 9 ity noncitizens. 10 (c) Any municipality that has an existing contract with the federal 11 government or any federal agency or a private corporation to detain 12 noncitizens for purposes of civil immigration custody, shall not, on and 13 after the effective date of this section, renew or modify such contract 14 to expand the maximum number of contract beds to house or detain in a 15 locked detention facility noncitizens for purposes of civil immigration 16 custody. 17 (d) A municipality shall not approve or sign a deed, instrument, or 18 other document related to a use or transfer of land or property, or 19 issue a permit for the building or reuse of existing buildings by any 20 private corporation, contractor, or vendor to house or detain nonciti- 21 zens for purposes of civil immigration proceedings unless such munici- 22 pality has obtained legislative approval. 23 3. (a) A committee on immigration detention oversight is hereby estab- 24 lished for the purposes of ensuring increased oversight of existing 25 federal and private detention centers through regular annual reviews of 26 existing detention facilities. Such committee shall consist of six 27 members, one member each appointed by the governor, the attorney gener- 28 al, the comptroller, the secretary of state, the temporary president of 29 the senate, and the speaker of the assembly. 30 (b) Such committee shall: 31 (i) delegate authority, and where necessary, identify appropriate 32 agencies to determine a recurring series of regular annual reviews of 33 existing detention facilities; 34 (ii) allocate funding, subject to appropriation, to ensure timely and 35 regular review of detention facilities; and 36 (iii) ensure and safeguard the treatment of individuals detained with- 37 in immigration detention facilities in a manner that meets or exceeds 38 the federal national standards and other applicable legal requirements. 39 (c) Such committee shall issue an annual report to the governor, the 40 attorney general, the comptroller, the secretary of state, the temporary 41 president of the senate, and the speaker of the assembly with its find- 42 ings and a list of any and all determinations where an immigration 43 detention facility does not meet or exceed the federal national stand- 44 ards and other applicable legal requirements. 45 § 2. This act shall take effect immediately.
