Vermont 2025-2026 Regular Session

Vermont House Bill H0298 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	BILL AS INTRODUCED H.298
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5	5	VT LEG #380939 v.1
6	6	H.298 1
7	7	Introduced by Representatives Dodge of Essex, Headrick of Burlington, Cole 2
8	8	of Hartford, Donahue of Northfield, Logan of Burlington, 3
9	9	McGill of Bridport, Minier of South Burlington, Olson of 4
10	10	Starksboro, and Tomlinson of Winooski 5
11	11	Referred to Committee on 6
12	12	Date: 7
13	13	Subject: Corrections; powers of the department; immigration assistance; 8
14	14	restrictions 9
15	15	Statement of purpose of bill as introduced: This bill proposes to terminate and 10
16	16	restrict Department of Corrections’ assistance to federal immigration 11
17	17	authorities. Specifically, this bill prohibits Department assistance to the 12
18	18	federal immigration authorities to the extent permitted under federal law. This 13
19	19	bill also creates reporting requirements to apprise the General Assembly of the 14
20	20	current extent of Department assistance to federal immigration authorities, 15
21	21	inquiries for assistance from federal immigration authorities, and any legal 16
22	22	challenges or federal law changes affecting the provisions of this bill. Finally, 17
23	23	this bill proposes to provide rulemaking authority to the Department to train 18
24	24	and educate its employees on the relevant laws and restrictions, in addition to 19
25	25	penalizing employees for noncompliance. 20 BILL AS INTRODUCED H.298
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29	29	VT LEG #380939 v.1
30	30	An act relating to restricting the Department of Corrections’ cooperation 1
31	31	with federal immigration authorities 2
32	32	It is hereby enacted by the General Assembly of the State of Vermont: 3
33	33	Sec. 1. INTENT 4
34	34	(a) It is the intent of the General Assembly to ensure equality under the law 5
35	35	for all residents of Vermont by restricting assistance to federal immigration 6
36	36	authorities as such assistance can undermine the public trust and 7
37	37	disproportionately impact Vermont’s immigrant communities. 8
38	38	(b) It is the further intent of the General Assembly to divest from assisting 9
39	39	federal immigration authorities to the greatest extent possible under the law, 10
40	40	including the examination and possible termination of federal contracts with 11
41	41	the Department of Corrections that do not align with Vermont’s values and 12
42	42	policies. 13
43	43	Sec. 2. 28 V.S.A. § 101 is amended to read: 14
44	44	§ 101. POWERS OF THE DEPARTMENT 15
45	45	The Department is charged with the following powers: 16
46	46	(1) to establish, maintain, and administer such State correctional 17
47	47	facilities and programs as may be required for the custody, control, 18
48	48	correctional treatment, and rehabilitation of committed persons, and for the 19
49	49	safekeeping of such other persons as may be committed to the Department in 20
50	50	accordance with law; 21 BILL AS INTRODUCED H.298
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55	55	(2) to operate diagnostic and treatment programs and such other 1
56	56	programs deemed desirable to treat persons committed to the Department and 2
57	57	to further other purposes and objectives of this title; 3
58	58	(3) to administer the supervision of persons placed on probation and 4
59	59	released on parole and to administer probation and parole services; 5
60	60	(4) to employ such officers, employees and agents as deemed necessary 6
61	61	to discharge the functions of the Department; 7
62	62	(5) to establish standards for the management, operation, personnel, and 8
63	63	program of all correctional facilities in the State; 9
64	64	(6) to act in an advisory capacity in assisting law enforcement agencies, 10
65	65	except federal immigration authorities, and communities in the prevention of 11
66	66	crime and delinquency; 12
67	67	(7) to enforce and administer such other laws as may be vested in the 13
68	68	Department; 14
69	69	(8) to enter into agreements for assistance in support of the operation of 15
70	70	jails or lockups in accordance with criteria established by the Department, and 16
71	71	to use the jails or lockups as provided in this title, except agreements or 17
72	72	cooperative arrangements to assist federal immigration authorities; 18
73	73	(9) notwithstanding any other provision of law, the State and the 19
74	74	Department shall not be responsible for the expense of detaining a person in 20
75	75	custody except as provided in this title; 21 BILL AS INTRODUCED H.298
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80	80	(10) to charter, establish, and fund through grants such municipal 1
81	81	entities or nonprofit organizations as may be required for providing crime 2
82	82	prevention and restorative justice programs for offenders, victims of crime, and 3
83	83	the public. 4
84	84	Sec. 3. 28 V.S.A. § 102(b) is amended to read: 5
85	85	(b) The Commissioner is charged with the following powers: 6
86	86	* * * 7
87	87	(8) To cooperate with and accept funds from the federal government or 8
88	88	any agency thereof, except any federal immigration authority, for the purpose 9
89	89	of exercising the powers and responsibilities stated in this section. 10
90	90	* * * 11
91	91	Sec. 4. 28 V.S.A. § 108 is added to read: 12
92	92	§ 108. DEPARTMENT OF CORRECTIONS; FEDERAL IMMIGRATION 13
93	93	AUTHORITIES; RESTRICTIONS ON ASSISTANCE 14
94	94	(a) Restrictions. 15
95	95	(1) The Department of Corrections shall not contact any federal 16
96	96	immigration authorities for assistance on the basis of an inmate’s or offender’s 17
97	97	race, ethnicity, national original, or actual or suspected immigration status. 18
98	98	(2) The Department of Corrections shall not prolong the detention of 19
99	99	any person to investigate immigration status or permit federal immigration 20 BILL AS INTRODUCED H.298
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104	104	authorities to investigate the immigration status of any person in the custody of 1
105	105	the Department unless required by federal law. 2
106	106	(3) The Department of Corrections shall not accept requests by federal 3
107	107	immigration authorities to support or assist in operations that primarily concern 4
108	108	immigration enforcement. 5
109	109	(4) The Department of Corrections shall not detain or transfer persons in 6
110	110	its custody to federal immigration authorities unless a judicial warrant for 7
111	111	arrest is provided. An immigration detainer shall not be considered a judicial 8
112	112	warrant or a lawful basis to continue the detention of a person in the custody of 9
113	113	the Department. This subsection shall not be construed to affect the detention 10
114	114	associated with criminal arrest warrants. 11
115	115	(b) Reporting. 12
116	116	(1) Annually, on or before December 1, the Department of Corrections 13
117	117	shall submit a written report to the House Committees on Corrections and 14
118	118	Institutions and on Government Operations and Military Affairs and the Senate 15
119	119	Committees on Institutions and on Government Operations detailing any 16
120	120	requests for assistance from federal immigration authorities and the 17
121	121	Department’s response to any requests, in addition to any legal challenges or 18
122	122	federal mandates concerning assistance or collaboration with federal 19
123	123	immigration authorities. 20 BILL AS INTRODUCED H.298
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128	128	(2) The Department of Corrections shall report any noncompliance with 1
129	129	the provisions of this section or rules adopted pursuant to this section to the 2
130	130	Office of the Vermont State Auditor. 3
131	131	(c) Rulemaking. The Department of Corrections shall adopt rules pursuant 4
132	132	to 3 V.S.A. chapter 25 creating: 5
133	133	(1) training and education for Department personnel to comply with this 6
134	134	section and any relevant federal laws; 7
135	135	(2) protocols for the intake and responses to any federal immigration 8
136	136	authority inquiries relevant to the provisions of this section; and 9
137	137	(3) penalties for Department personnel who do not comply with the 10
138	138	provisions of this section, including discipline, termination, and monetary 11
139	139	fines. 12
140	140	Sec. 5. DEPARTMENT OF CORRECTIONS; FEDERAL IMMIGRATION 13
141	141	AUTHORITIES; CURRENT COOPERATION ; TERMINATION 14
142	142	(a)(1) The Department of Corrections shall provide a written report 15
143	143	detailing the existence and scope of the agreements, cooperation, or assistance 16
144	144	provided to federal immigration authorities, including any financial and 17
145	145	resource implications. 18
146	146	(2) The report identified in subdivision (1) of this subsection shall be 19
147	147	submitted to the House Committees on Corrections and Institutions and on 20
148	148	Government Operations and Military Affairs and the Senate Committees on 21 BILL AS INTRODUCED H.298
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153	153	Institutions and on Government Operations within 30 days after passage of this 1
154	154	act. 2
155	155	(b) The Department of Corrections shall terminate any existing contracts or 3
156	156	agreements with federal immigration authorities within 30 days after passage 4
157	157	of this act except as required by federal law. 5
158	158	Sec. 6. EFFECTIVE DATE 6
159	159	This act shall take effect on passage. 7