New York Assembly Bill A04181 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 4181 2025-2026 Regular Sessions  IN ASSEMBLY 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: 1 Section 1. This act shall be known and may be cited as the "Dignity 2 Not Detention Act". 3 § 2. Section 2 of the correction law is amended by adding two new 4 subdivisions 35 and 36 to read as follows: 5 35. "Immigration detention facility" means any building, facility or 6 structure used, in whole or in part, to house or detain individuals for 7 civil immigration violations. 8 36. "Immigration detention agreement" means any contract, agreement, 9 intergovernmental service agreement or memorandum of understanding that 10 authorizes a state or local government to house or detain individuals 11 for civil immigration violations. 12 § 3. The correction law is amended by adding a new article 29 to read 13 as follows: 14 ARTICLE 29 15 IMMIGRATION DETENTION AGREEMENTS 16 Section 900. Immigration detention agreement. 17 § 900. Immigration detention agreement. 1. The state, county, munici- 18 pality, a unit of local government, a county sheriff, or an agency, 19 officer, employee, or agent of the state, county, municipality, or a 20 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 1 (a) Enter into or renew an immigration detention agreement; or 2 (b) Receive any payment related to the detention of individuals in an 3 immigration detention facility. 4 2. The state, county, municipality, a unit of local government, a 5 county sheriff, or an agency, officer, employee, or agent of the state, 6 county, municipality, or a unit of local government shall not: 7 (a) enter into an agreement of any kind for the detention of individ- 8 uals in an immigration detention facility owned, managed or operated, in 9 whole or in part, by a private entity; 10 (b) pay, reimburse, subsidize, or defray in any way any costs related 11 to the sale, purchase, construction, development, ownership, management, 12 or operation of an immigration detention facility that is or will be 13 owned, managed, or operated, in whole or in part, by a private entity; 14 (c) receive any payment related to the detention of individuals in an 15 immigration detention facility owned, managed or operated, in whole or 16 in part, by a private entity; 17 (d) otherwise give any financial incentive or benefit to any private 18 entity or person in connection with the sale, purchase, construction, 19 development, ownership, management, or operation of an immigration 20 detention facility that is or will be owned, managed or operated, in 21 whole or in part, by a private entity; or 22 (e) approve a zoning variance or issue a permit for the construction 23 of a building or the reuse of existing buildings or structures by any 24 private entity for use as an immigration detention facility. 25 3. The state, county, municipality, a unit of local government, a 26 county sheriff, or an agency, officer, employee, or agent of the state, 27 county, municipality or a unit of local government with an existing 28 immigration detention agreement shall exercise the termination provision 29 contained in the immigration detention agreement no later than ninety 30 days from the date on which this article takes effect. 31 4. No person, business or private entity shall own or operate an immi- 32 gration detention facility within the state. 33 5. Notwithstanding any other provision of law to the contrary 34 contained in any general, special, or local laws, in any dispute over an 35 immigration detention agreement with the state, the provisions of this 36 section shall govern. 37 § 4. Severability clause. If any clause, sentence, paragraph, subdivi- 38 sion, section or part of this act shall be adjudged by any court of 39 competent jurisdiction to be invalid, such judgment shall not affect, 40 impair, or invalidate the remainder thereof, but shall be confined in 41 its operation to the clause, sentence, paragraph, subdivision, section 42 or part thereof directly involved in the controversy in which such judg- 43 ment shall have been rendered. It is hereby declared to be the intent of 44 the legislature that this act would have been enacted even if such 45 invalid provisions had not been included herein. 46 § 5. This act shall take effect immediately.