Senate Bill No. 1115
Public Act No. 19-23
AN ACT CONCERNING AM ENDMENTS TO THE TRUS T ACT.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subdivisions (9) and (10) of subsection (a) of section 54-
192h of the general statutes, as amended by section 1 of public act 19-
20, are repealed and the following is substituted in lieu thereof
(Effective October 1, 2019):
(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, state marshal [, bail commissioner] and
adult probation officer; [and]
(10) "Bail commissioner or intake, assessment or referral specialist" Senate Bill No. 1115
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means an employee of the Judicial Branch whose duties are described
in section 54-63d; and
[(10)] (11) "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.
Sec. 2. Subsections (b) and (c) of section 54-192h of the general
statutes, as amended by section 1 of of public act 19-20, are repealed
and the following is substituted in lieu thereof (Effective October 1,
2019):
(b) (1) No law enforcement officer, bail commissioner or intake,
assessment or referral specialist, or employee of a school police or
security department shall:
(A) Arrest or detain an individual pursuant to a civil immigration
detainer unless (i) the detainer is accompanied by a warrant issued or
signed by a judicial officer, (ii) the individual has been convicted of a
class A or B felony offense, or (iii) the individual is identified as a
possible match in the federal Terrorist Screening Database or similar
database;
(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;
(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 unless Senate Bill No. 1115
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the individual (i) has been convicted of a class A or B felony offense,
(ii) is identified as a possible match in the federal Terrorist Screening
Database or similar database, or (iii) is the subject of a court order
issued under 8 USC 1225(d)(4)(B); 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) Prior to responding to a request for notification of [an
individual's] the release date and time from custody of a law
enforcement agency of an individual suspected of violating a federal
immigration law or who has been issued a final order of removal, the
law enforcement officer shall forward the request to the head of the
law enforcement agency for review.
Sec. 3. Subsection (e) of section 54-192h of the general statutes, as
amended by section 1 of of public act 19-20, is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
(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 shall make a good faith effort to contact Senate Bill No. 1115
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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
and any federal immigration authority. No provision of this section
shall be construed to require disclosure of any record exempt from
disclosure under section 1-210 or 1-215.
(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] six months shall
provide to the Office of Policy and Management, on an ongoing
[monthly] basis every six months, 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.