Legislation Details

File #: Int 2469-2021    Version: * Name: Requiring the approval of the commissioner of correction to honor a civil immigration detainer, and requiring the dept of correction to provide notice of receipt of a civil immigration detainer to the implicated person and their attorney.
Type: Introduction Status: Filed (End of Session)
Committee: Committee on Criminal Justice
On agenda: 12/9/2021
Enactment date: Law number:
Title: A Local Law to amend the administrative code of the city of New York, in relation to requiring the approval of the commissioner of correction to honor a civil immigration detainer, and requiring the department of correction to provide notice of receipt of a civil immigration detainer to the implicated person and their attorney
Sponsors: Daniel Dromm
Council Member Sponsors: 1
Summary: This bill would require the approval of the Commissioner before the Department of Correction may honor a civil immigration detainer. This bill would also require the Department of Correction to notify the subject of a civil immigration detainer, and such subject’s attorney, immediately upon the Departments’ receipt of such detainer.
Attachments: 1. Summary of Int. No. 2469, 2. Int. No. 2469, 3. December 9, 2021 - Stated Meeting Agenda, 4. Hearing Transcript - Stated Meeting 12-9-21, 5. Minutes of the Stated Meeting - December 9, 2021

Int. No. 2469

 

By Council Member Dromm

 

A Local Law to amend the administrative code of the city of New York, in relation to requiring the approval of the commissioner of correction to honor a civil immigration detainer, and requiring the department of correction to provide notice of receipt of a civil immigration detainer to the implicated person and their attorney

 

Be it enacted by the Council as follows:

 

Section 1. Paragraph 1 of subdivision b of section 9-131 of the administrative code of the city of New York, as amended by local law number 58 for the year 2014, is amended to read as follows:

1. The department may only honor a civil immigration detainer by holding a person beyond the time when such person would otherwise be released from the department’s custody, in addition to such reasonable time as is necessary to conduct the search specified in subparagraph (ii) of this paragraph, or by notifying federal immigration authorities of such person’s release, if:

i. federal immigration authorities present the department with a judicial warrant for the detention of the person who is the subject of such civil immigration detainer at the time such civil immigration detainer is presented; [and]

ii. a search, conducted at or about the time when such individual would otherwise be released from the department’s custody, of state and federal databases, or any similar or successor databases, accessed through the New York state division of criminal justice services e-JusticeNY computer application, or any similar or successor computer application maintained by the city of New York or state of New York, indicates, or the department has been informed by a court or any other governmental entity, that such person: A. has been convicted of a violent or serious crime, or B. is identified as a possible match in the terrorist screening database[.]; and

iii. the commissioner of correction approves the continued detention or notice of release of such person, as the case may be.

§ 2. Section 9-131 of the administrative code of the city of New York is amended by adding new subdivision i to read as follows:

i. Notice of receipt of civil immigration detainer. Immediately upon receipt of a civil immigration detainer, the department shall provide notice of the receipt of such request to the person whose detention is requested, and to such person’s attorney.

§ 3. This local law takes effect immediately.

NC

LS #17897

10/22/21