Substitute Senate Bill No. 992
Public Act No. 19-20
AN ACT CONCERNING TH E TRUST ACT.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 54-192h of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
(a) For the purposes of this section:
(1) "Administrative warrant" means a warrant, notice to appear,
removal order or warrant of deportation issued by an agent of a
federal agency charged with the enforcement of immigration laws or
the security of the borders, including ICE and the United States
Customs and Border Protection, but does not include a warrant issued
or signed by a judicial officer.
[(1)] (2) "Civil immigration detainer" means a [detainer request
issued pursuant to 8 CFR 287.7;] request from a federal immigration
authority to a local or state law enforcement agency for a purpose
including, but not limited to:
(A) Detaining an individual suspected of violating a federal
immigration law or who has been issued a final order of removal;
(B) Facilitating the (i) arrest of an individual by a federal Substitute Senate Bill No. 992
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immigration authority, or (ii) transfer of an individual to the custody
of a federal immigration authority;
(C) Providing notification of the release date and time of an
individual in custody; and
(D) Notifying a law enforcement officer, through DHS Form I-247A,
or any other form used by the United States Department of Homeland
Security or any successor agency thereto, of the federal immigration
authority's intent to take custody of an individual;
[(2) "Convicted of a felony" means that a person has been convicted
of a felony, as defined in section 53a-25, pursuant to a final judgment
of guilt entered by a court in this state or in a court of competent
jurisdiction within the United States upon a plea of guilty, a plea of
nolo contendere or a finding of guilty by a jury or the court
notwithstanding any pending appeal or habeas corpus proceeding
arising from such judgment;]
(3) "Confidential information" means any information obtained and
maintained by a law enforcement agency relating to (A) an
individual's (i) sexual orientation, or (ii) status as a victim of domestic
violence or sexual assault, (B) whether such individual is a (i) crime
witness, or (ii) recipient of public assistance, or (C) an individual's
income tax or other financial records, including, but not limited to,
Social Security numbers;
[(3)] (4) "Federal immigration authority" means any officer,
employee or other person otherwise paid by or acting as an agent of
[United States Immigration and Customs Enforcement] ICE or any
division thereof or any officer, employee or other person otherwise
paid by or acting as an agent of the United States Department of
Homeland Security or any successor agency thereto who is charged
with enforcement of the civil provisions of the Immigration and Substitute Senate Bill No. 992
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Nationality Act; [and]
(5) "ICE" means United States Immigration and Customs
Enforcement or any successor agency thereto;
(6) "ICE access" means any of the following actions taken by a law
enforcement officer with respect to an individual who is stopped by a
law enforcement officer with or without the individual's consent,
arrested, detained or otherwise under the control of a law enforcement
official or agency:
(A) Responding to a civil immigration detainer or request for
notification pursuant to subparagraph (B) of this subdivision
concerning such individual;
(B) Providing notification to a federal immigration authority that
such individual is being or will be released at a certain date and time
through data sharing or otherwise;
(C) Providing a federal immigration authority nonpublicly available
information concerning such individual regarding release date or time,
home address or work address, whether obtained through a computer
database or otherwise;
(D) Allowing a federal immigration authority to interview such
individual under the control of the law enforcement agency;
(E) Allowing a federal immigration authority to use a facility or
resources in the control of a law enforcement agency to conduct
interviews, administrative proceedings or other immigration
enforcement activities concerning such individual; or
(F) Providing a federal immigration authority information
regarding dates and times of probation or parole supervision or any
other information related to such individual's compliance with the Substitute Senate Bill No. 992
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terms of probation or parole;
"ICE access" does not include submission by a law enforcement officer
of fingerprints to the Automated Fingerprints Identification system of
an arrested individual or the accessing of information from the
National Crime Information Center by a law enforcement officer
concerning an arrested individual;
(7) "Judicial officer" means any judge of the state or federal judicial
branches and any federal magistrate judge. "Judicial officer" does not
mean an immigration judge;
(8) "Law enforcement agency" means any agency for which a law
enforcement officer is an employee of or otherwise paid by or acting as
an agent of;
[(4)] (9) "Law enforcement officer" means:
(A) Each officer, employee or other person otherwise paid by or
acting as an agent of the Department of Correction;
(B) Each officer, employee or other person otherwise paid by or
acting as an agent of a municipal police department;
(C) Each officer, employee or other person otherwise paid by or
acting as an agent of the Division of State Police within the
Department of Emergency Services and Public Protection; and
(D) Each judicial marshal, [and] state marshal, [.] bail commissioner
and adult probation officer; and
(10) "School police or security department" means any police or
security department of (A) the constituent units of the state system of
higher education, as defined in section 10a-1, (B) a public school, or (C)
a local or regional school district. Substitute Senate Bill No. 992
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(b) (1) No law enforcement officer [who receives a civil immigration
detainer with respect to an individual who is in the custody of the law
enforcement officer shall detain such] or employee of a school police or
security department shall:
(A) Arrest or detain an individual pursuant to [such] a civil
immigration detainer unless the [law enforcement official determines
that the individual:] detainer is accompanied by a warrant issued or
signed by a judicial officer;
[(1) Has been convicted of a felony;
(2) Is subject to pending criminal charges in this state where bond
has not been posted;
(3) Has an outstanding arrest warrant in this state;
(4) Is identified as a known gang member in the database of the
National Crime Information Center or any similar database or is
designated as a Security Risk Group member or a Security Risk Group
Safety Threat member by the Department of Correction;
(5) Is identified as a possible match in the federal Terrorist Screening
Database or similar database;
(6) Is subject to a final order of deportation or removal issued by a
federal immigration authority; or
(7) Presents an unacceptable risk to public safety, as determined by
the law enforcement officer.]
(B) Expend or use time, money, facilities, property, equipment,
personnel or other resources to communicate with a federal
immigration authority regarding the custody status or release of an
individual targeted by a civil immigration detainer, except as provided
in subsection (e) of this section; Substitute Senate Bill No. 992
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(C) Arrest or detain an individual based on an administrative
warrant;
(D) Give a federal immigration authority access to interview an
individual who is in the custody of a law enforcement agency; or
(E) Perform any function of a federal immigration authority,
whether pursuant to 8 USC 1357(g) or any other law, regulation,
agreement, contract or policy, whether formal or informal.
(2) The provisions of this subsection shall not prohibit submission
by a law enforcement officer of fingerprints to the Automated
Fingerprints Identification system of an arrested individual or the
accessing of information from the National Crime Information Center
by a law enforcement officer concerning an arrested individual.
[(c) Upon determination by the law enforcement officer that such
individual is to be detained or released, the law enforcement officer
shall immediately notify United States Immigration and Customs
Enforcement. If the individual is to be detained, the law enforcement
officer shall inform United States Immigration and Customs
Enforcement that the individual will be held for a maximum of forty-
eight hours, excluding Saturdays, Sundays and federal holidays. If
United States Immigration and Customs Enforcement fails to take
custody of the individual within such forty-eight-hour period, the law
enforcement officer shall release the individual. In no event shall an
individual be detained for longer than such forty-eight-hour period
solely on the basis of a civil immigration detainer.]
(c) Prior to responding to a request for notification of an individual's
release date and time from custody of a law enforcement agency, the
law enforcement officer shall forward the request to the head of the
law enforcement agency for review.
(d) Any confidential information of an individual who comes into Substitute Senate Bill No. 992
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contact with a law enforcement officer may be disclosed to a federal
immigration authority only if such disclosure is:
(1) Authorized in writing by the individual to whom the
information pertains, or by the parent or guardian of such individual if
the individual is a minor or not legally competent to consent to such
disclosure;
(2) Necessary in furtherance of a criminal investigation of terrorism;
or
(3) Otherwise required by law.
(e) (1) Upon receiving a civil immigration detainer, a law
enforcement agency shall provide a copy of the detainer to the affected
individual who is the subject of the detainer and inform the individual
whether the law enforcement agency intends to comply with the
detainer. If a law enforcement agency provides ICE with notification
that an individual is being, or will be released on a certain date, the
law enforcement agency shall promptly provide to the individual and
to the individual's attorney or one other individual who the individual
may designate, a copy of such notification as well as the reason, in
writing, that such law enforcement agency is complying with the
detainer.
(2) All records relating to ICE access maintained by law enforcement
agencies shall be deemed public records under the Freedom of
Information Act, as defined in section 1-200. Records relating to ICE
access include, but are not limited to, data maintained by the law
enforcement agency regarding the number and demographic data of
individuals to whom the agency has provided ICE access, the date ICE
access was provided to an individual, the type of ICE access provided
to an individual, the amount of resources expended on providing ICE
access and any communication between the law enforcement agency Substitute Senate Bill No. 992
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and any federal immigration authority.
(3) Beginning January 1, 2020, the legislative body of any
municipality with a law enforcement agency that has provided ICE
access to an individual during the prior month shall provide to the
Office of Policy and Management, on an ongoing monthly basis, data
regarding the number and demographic data of individuals to whom
the law enforcement agency has provided ICE access, the date ICE
access was provided to an individual and whether the ICE access was
provided as part of compliance with a civil immigration detainer or
through other means. Data may be provided in the form of statistics or,
if statistics are not maintained, as individual records, provided
personally identifiable information is redacted.
(f) The Office of Policy and Management shall ensure that the
requirements of this section are disseminated to, and appropriate
training is provided for, all affected law enforcement agencies and
school police or security departments and employees and agents of
such law enforcement agencies and school police or security
departments. Such training may entail how law enforcement officers
and other officials performing similar duties will adhere to the
provisions of this section and how they will interact with crime
victims, criminal suspects and individuals cooperating with law
enforcement officers.
(g) No provision of this section shall be construed to provide,
expand or ratify the legal authority of any law enforcement agency to
detain an individual based on a civil immigration detainer request.