CT
Connecticut Senate Bill SB00991

Connecticut 2019 Regular Session

Connecticut Senate Bill SB00991 Compare Versions

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7-General Assembly Substitute Bill No. 991
5+General Assembly Raised Bill No. 991
86 January Session, 2019
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10+Referred to Committee on JUDICIARY
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12+
13+Introduced by:
14+(JUD)
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1419 AN ACT CONCERNING AC CESS TO LEGAL COUNSEL FOR
15-CHILDREN IN IMMIGRATION REMOVAL PROCEEDINGS.
20+INDIGENT INDIVIDUALS IN IMMIGRATION REMOV AL
21+PROCEEDINGS.
1622 Be it enacted by the Senate and House of Representatives in General
1723 Assembly convened:
1824
1925 Section 1. (NEW) (Effective July 1, 2019) (a) As used in this section: 1
20-(1) "Eligible respondent" means an individual who (A) is the subject 2
21-of a removal proceeding at the Connecticut Executive Office for 3
22-Immigration Review, and (B) at the time such proceeding commenced 4
23-was (i) an unaccompanied minor, or (ii) under the age of eighteen with 5
24-no lawful immigration status in the United States and in the custody of 6
25-the federal Department of Health and Human Services; and 7
26-(2) "Unaccompanied minor" has the same meaning as 8
27-"unaccompanied alien child", as defined in 6 USC 279(g). 9
28-(b) The Judicial Branch shall establish and administer, within 10
29-available appropriations, a legal aid program that shall provide grants 11
30-to federally tax-exempt charitable organizations to provide legal 12
31-counsel to an eligible respondent. Such grants shall be used to provide 13
32-legal counsel to an eligible respondent for the following purposes: (1) 14
33-Representation in proceedings related to a removal proceeding taking 15
34-place at the Connecticut Executive Office for Immigration Review; (2) 16
35-family reunification or placement with a sponsor, if the eligible 17
36-respondent is detained by federal officials; or (3) applying for 18 Substitute Bill No. 991
26+(1) "Eligible respondent" means an individual who (A) (i) is under 2
27+eighteen years of age, or was under eighteen years of age at the time a 3
28+removal proceeding involving the individual commenced, (ii) is a 4
29+resident of the state, and (iii) is the subject of a removal proceeding 5
30+pending at the Connecticut Executive Office for Immigration Review; 6
31+or (B) (i) is eighteen years of age or older, (ii) is a resident of the state, 7
32+(iii) is being detained by federal officials and is the subject of a removal 8
33+proceeding pending at the Connecticut Executive Office for 9
34+Immigration Review, and (iv) has established that he or she is indigent. 10
35+(2) "Indigent" means having gross annual income that is at or below 11
36+one hundred twenty-five per cent of the federal poverty level. 12
37+(b) An eligible respondent shall have the right to legal 13 Raised Bill No. 991
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43-temporary or permanent status. 19
44-(c) For the fiscal year commencing on July 1, 2019, and each 20
45-succeeding fiscal year thereafter, the Office of the Attorney General, 21
46-utilizing transfer invoices, shall remit eight hundred thousand dollars 22
47-to the Judicial Branch from moneys received by the Office of the 23
48-Attorney General in connection with the settlement of any lawsuit to 24
49-which the state is a party. Moneys remitted to the Judicial Branch shall 25
50-be used for the provision of legal counsel to eligible respondents, as 26
51-provided in subsection (b) of this section. 27
52-(d) Not later than December 31, 2020, and annually thereafter, the 28
53-Judicial Branch shall submit, in accordance with section 11-4a of the 29
54-general statutes, a report concerning the grants made in the previous 30
55-fiscal year under the program established pursuant to subsection (b) of 31
56-this section to the joint standing committee of the General Assembly 32
57-having cognizance of matters relating to the judiciary. The report shall 33
58-include, for each recipient of a grant: (1) The amount of money 34
59-received under the program, (2) the number of eligible respondents for 35
60-whom the recipient provided legal counsel, (3) the number of cases 36
61-opened, (4) the number of cases disposed of, (5) the number of family 37
62-reunifications or placements with a sponsor that were assisted by the 38
63-program, and (6) the number of eligible respondents who achieved 39
64-temporary and permanent status with assistance from the program. 40
65-Sec. 2. (Effective from passage) (a) There is established a task force to 41
66-study (1) the unmet legal needs of indigent state residents subject to a 42
67-removal proceeding at the Connecticut Executive Office for 43
68-Immigration Review, and (2) the mechanisms available in the state to 44
69-deliver and pay for legal representation for such indigent state 45
70-residents. 46
71-(b) The task force shall consist of the following members: 47
72-(1) The chairpersons of the joint standing committee of the General 48
73-Assembly having cognizance of matters relating to the judiciary, or 49 Substitute Bill No. 991
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80-their designees; 50
81-(2) The Chief Public Defender, or the Chief Public Defender's 51
82-designee; 52
83-(3) The executive director of Connecticut Legal Services, or the 53
84-executive director's designee; 54
85-(4) The executive director of Greater Hartford Legal Aid, or the 55
86-executive director's designee; and 56
87-(5) The executive director of the New Haven Legal Assistance 57
88-Association, or the executive director's designee. 58
89-(c) Any member of the task force appointed under subdivision (1) of 59
90-subsection (b) of this section may be a member of the General 60
91-Assembly. 61
92-(d) All appointments to the task force shall be made not later than 62
93-thirty days after the effective date of this section. Any vacancy shall be 63
94-filled by the appointing authority. 64
95-(e) The chairpersons of the joint standing committee of the General 65
96-Assembly having cognizance of matters relating to the judiciary, or 66
97-their designees, shall select the chairpersons of the task force from 67
98-among the members of the task force. Such chairpersons shall schedule 68
99-the first meeting of the task force, which shall be held not later than 69
100-sixty days after the effective date of this section. 70
101-(f) The administrative staff of the joint standing committee of the 71
102-General Assembly having cognizance of matters relating to the 72
103-judiciary shall serve as administrative staff of the task force. 73
104-(g) Not later than December 31, 2020, the task force shall submit a 74
105-report on its findings and recommendations to the joint standing 75
106-committee of the General Assembly having cognizance of matters 76
107-relating to the judiciary, in accordance with the provisions of section 77 Substitute Bill No. 991
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114-11-4a of the general statutes. The task force shall terminate on the date 78
115-that it submits such report or December 31, 2020, whichever is later. 79
43+representation in all proceedings related to a removal taking place at 14
44+the Connecticut Executive Office for Immigration Review. 15
45+(c) For the fiscal year ending June 30, 2020, and each succeeding 16
46+fiscal year thereafter, the Office of the Attorney General, utilizing 17
47+transfer invoices, shall remit each fiscal year, beginning on July 1, 2019, 18
48+and annually thereafter, two million four hundred fifty thousand 19
49+dollars to a charitable foundation that has experience administering 20
50+funds related to advocacy for immigrants from moneys received by the 21
51+Office of the Attorney General in connection with the settlement of any 22
52+lawsuit to which the state is a party. Moneys remitted to such 23
53+charitable foundation shall be used for the provision of legal counsel to 24
54+eligible respondents, as provided in subsection (b) of this section. 25
11655 This act shall take effect as follows and shall amend the following
11756 sections:
11857
11958 Section 1 July 1, 2019 New section
120-Sec. 2 from passage New section
12159
122-Statement of Legislative Commissioners:
123-In Section 1(a)(1)(B), "is or was" was changed to "was" for accuracy
124-and in Section 1(a)(1)(B)(i), "accompanied minor" was changed to
125-"unaccompanied minor" for consistency with the defined term.
126-
127-JUD Joint Favorable Subst.
60+Statement of Purpose:
61+To establish a right to legal representation in immigration removal
62+proceedings at the federal Executive Office for Immigration Review.
63+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
64+except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
65+not underlined.]
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