BILL AS INTRODUCED H.298
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H.298 1
Introduced by Representatives Dodge of Essex, Headrick of Burlington, Cole 2
of Hartford, Donahue of Northfield, Logan of Burlington, 3
McGill of Bridport, Minier of South Burlington, Olson of 4
Starksboro, and Tomlinson of Winooski 5
Referred to Committee on 6
Date: 7
Subject: Corrections; powers of the department; immigration assistance; 8
restrictions 9
Statement of purpose of bill as introduced: This bill proposes to terminate and 10
restrict Department of Corrections’ assistance to federal immigration 11
authorities. Specifically, this bill prohibits Department assistance to the 12
federal immigration authorities to the extent permitted under federal law. This 13
bill also creates reporting requirements to apprise the General Assembly of the 14
current extent of Department assistance to federal immigration authorities, 15
inquiries for assistance from federal immigration authorities, and any legal 16
challenges or federal law changes affecting the provisions of this bill. Finally, 17
this bill proposes to provide rulemaking authority to the Department to train 18
and educate its employees on the relevant laws and restrictions, in addition to 19
penalizing employees for noncompliance. 20 BILL AS INTRODUCED H.298
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An act relating to restricting the Department of Corrections’ cooperation 1
with federal immigration authorities 2
It is hereby enacted by the General Assembly of the State of Vermont: 3
Sec. 1. INTENT 4
(a) It is the intent of the General Assembly to ensure equality under the law 5
for all residents of Vermont by restricting assistance to federal immigration 6
authorities as such assistance can undermine the public trust and 7
disproportionately impact Vermont’s immigrant communities. 8
(b) It is the further intent of the General Assembly to divest from assisting 9
federal immigration authorities to the greatest extent possible under the law, 10
including the examination and possible termination of federal contracts with 11
the Department of Corrections that do not align with Vermont’s values and 12
policies. 13
Sec. 2. 28 V.S.A. § 101 is amended to read: 14
§ 101. POWERS OF THE DEPARTMENT 15
The Department is charged with the following powers: 16
(1) to establish, maintain, and administer such State correctional 17
facilities and programs as may be required for the custody, control, 18
correctional treatment, and rehabilitation of committed persons, and for the 19
safekeeping of such other persons as may be committed to the Department in 20
accordance with law; 21 BILL AS INTRODUCED H.298
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(2) to operate diagnostic and treatment programs and such other 1
programs deemed desirable to treat persons committed to the Department and 2
to further other purposes and objectives of this title; 3
(3) to administer the supervision of persons placed on probation and 4
released on parole and to administer probation and parole services; 5
(4) to employ such officers, employees and agents as deemed necessary 6
to discharge the functions of the Department; 7
(5) to establish standards for the management, operation, personnel, and 8
program of all correctional facilities in the State; 9
(6) to act in an advisory capacity in assisting law enforcement agencies, 10
except federal immigration authorities, and communities in the prevention of 11
crime and delinquency; 12
(7) to enforce and administer such other laws as may be vested in the 13
Department; 14
(8) to enter into agreements for assistance in support of the operation of 15
jails or lockups in accordance with criteria established by the Department, and 16
to use the jails or lockups as provided in this title, except agreements or 17
cooperative arrangements to assist federal immigration authorities; 18
(9) notwithstanding any other provision of law, the State and the 19
Department shall not be responsible for the expense of detaining a person in 20
custody except as provided in this title; 21 BILL AS INTRODUCED H.298
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(10) to charter, establish, and fund through grants such municipal 1
entities or nonprofit organizations as may be required for providing crime 2
prevention and restorative justice programs for offenders, victims of crime, and 3
the public. 4
Sec. 3. 28 V.S.A. § 102(b) is amended to read: 5
(b) The Commissioner is charged with the following powers: 6
* * * 7
(8) To cooperate with and accept funds from the federal government or 8
any agency thereof, except any federal immigration authority, for the purpose 9
of exercising the powers and responsibilities stated in this section. 10
* * * 11
Sec. 4. 28 V.S.A. § 108 is added to read: 12
§ 108. DEPARTMENT OF CORRECTIONS; FEDERAL IMMIGRATION 13
AUTHORITIES; RESTRICTIONS ON ASSISTANCE 14
(a) Restrictions. 15
(1) The Department of Corrections shall not contact any federal 16
immigration authorities for assistance on the basis of an inmate’s or offender’s 17
race, ethnicity, national original, or actual or suspected immigration status. 18
(2) The Department of Corrections shall not prolong the detention of 19
any person to investigate immigration status or permit federal immigration 20 BILL AS INTRODUCED H.298
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authorities to investigate the immigration status of any person in the custody of 1
the Department unless required by federal law. 2
(3) The Department of Corrections shall not accept requests by federal 3
immigration authorities to support or assist in operations that primarily concern 4
immigration enforcement. 5
(4) The Department of Corrections shall not detain or transfer persons in 6
its custody to federal immigration authorities unless a judicial warrant for 7
arrest is provided. An immigration detainer shall not be considered a judicial 8
warrant or a lawful basis to continue the detention of a person in the custody of 9
the Department. This subsection shall not be construed to affect the detention 10
associated with criminal arrest warrants. 11
(b) Reporting. 12
(1) Annually, on or before December 1, the Department of Corrections 13
shall submit a written report to the House Committees on Corrections and 14
Institutions and on Government Operations and Military Affairs and the Senate 15
Committees on Institutions and on Government Operations detailing any 16
requests for assistance from federal immigration authorities and the 17
Department’s response to any requests, in addition to any legal challenges or 18
federal mandates concerning assistance or collaboration with federal 19
immigration authorities. 20 BILL AS INTRODUCED H.298
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(2) The Department of Corrections shall report any noncompliance with 1
the provisions of this section or rules adopted pursuant to this section to the 2
Office of the Vermont State Auditor. 3
(c) Rulemaking. The Department of Corrections shall adopt rules pursuant 4
to 3 V.S.A. chapter 25 creating: 5
(1) training and education for Department personnel to comply with this 6
section and any relevant federal laws; 7
(2) protocols for the intake and responses to any federal immigration 8
authority inquiries relevant to the provisions of this section; and 9
(3) penalties for Department personnel who do not comply with the 10
provisions of this section, including discipline, termination, and monetary 11
fines. 12
Sec. 5. DEPARTMENT OF CORRECTIONS; FEDERAL IMMIGRATION 13
AUTHORITIES; CURRENT COOPERATION ; TERMINATION 14
(a)(1) The Department of Corrections shall provide a written report 15
detailing the existence and scope of the agreements, cooperation, or assistance 16
provided to federal immigration authorities, including any financial and 17
resource implications. 18
(2) The report identified in subdivision (1) of this subsection shall be 19
submitted to the House Committees on Corrections and Institutions and on 20
Government Operations and Military Affairs and the Senate Committees on 21 BILL AS INTRODUCED H.298
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Institutions and on Government Operations within 30 days after passage of this 1
act. 2
(b) The Department of Corrections shall terminate any existing contracts or 3
agreements with federal immigration authorities within 30 days after passage 4
of this act except as required by federal law. 5
Sec. 6. EFFECTIVE DATE 6
This act shall take effect on passage. 7