N.Y. Executive Law § 170-k: Local cops, local crimes act

§ 170-k. Local cops, local crimes act. 1. For purposes of this

section, the following definitions shall apply:

(a) "Law enforcement agency" means the New York state police and any

law enforcement agency or department of any municipality, any police

district, or any agency, department, commission, authority or public

benefit corporation of the state of New York employing a police officer

as that term is defined in subdivision thirty-four of section 1.20 of

the criminal procedure law or peace officer as that term is defined in

section 2.10 of the criminal procedure law, except for the port

authority of New York and New Jersey.

(b) "Local government" means any municipal corporation and governing

board in the state of New York.

(c) "Municipal corporation" has the same meaning as such term is

defined in section two of the general municipal law.

(d) "Governing board" has the same meaning as such term is defined in

section two of the general municipal law.

(e) "Correctional facility" has the same meaning as such term is

defined in subdivision four of section two of the correction law.

(f) "Local correctional facility" has the same meaning as such term is

defined in subdivision sixteen of section two of the correction law.

(g) "Immigration detention facility" means any building, facility, or

structure used, in whole or in part, to house or detain individuals for

any violation of a civil provision of the federal Immigration and

Nationality Act relating to an individual's immigration status.

(h) "Juvenile detention facility" means a specialized secure, secure,

or nonsecure detention facility certified by the office of children and

family services pursuant to section five hundred three of this chapter.

(i) "Facility for youth placed with or committed to the office of

children and family services" means a facility operated pursuant to

section five hundred four of this chapter.

(j) "Immigration authority" has the same meaning as such term is

defined in section three hundred nineteen of this chapter.

(k) "Immigration enforcement" has the same meaning as such term is

defined in section three hundred nineteen of this chapter.

(l) "Immigration law" means any civil provision of the federal

Immigration and Nationality Act and any provision of law that penalizes

a person's presence in, entry into, or reentry into the United States.

2. (a) No local government, law enforcement agency, correctional

facility, local correctional facility, juvenile detention facility, or

facility for youth placed with or committed to the office of children

and family services, or agent thereof may, enter into, modify, renew,

remain in, or extend:

(i) any agreement pursuant to section 287(g) of the Immigration and

Nationality Act codified at 8 U.S.C. § 1357(g), including, but not

limited to, any formal or informal agreement under which an officer or

employee may engage in or assist immigration enforcement, or otherwise

may perform a function of an immigration officer; or

(ii) any contract, intergovernmental service agreement, or any other

formal or informal agreement to house or detain individuals for federal

civil immigration violations, including, but not limited to, agreements

entered into pursuant to 8 U.S.C. § 1103(a) or § 1231(g).

(b) Nothing in this subdivision shall be construed to preclude

contracts or agreements by:

(i) any hospital or other health care facility as defined by section

twenty-eight hundred one of the public health law, including any health

care facility operated by a public benefit corporation pursuant to title

two of article ten-C of the public authorities law, or any mental health

facility or hospital as defined by section 1.03 of the mental hygiene

law to provide health care services;

(ii) any authorized agency as defined by subdivision ten of section

three hundred seventy-one of the social services law, to provide care or

placement to children in the custody of the United States Office of

Refugee Resettlement; or

(iii) any federal law enforcement agency for the provision of

detention space for individuals subject to pending federal criminal

charges; provided, however, that no such agreement may provide for

detention space to house or detain individuals solely for federal civil

immigration violations.

3. No local government, law enforcement agency, correctional facility,

local correctional facility, juvenile detention facility, or facility

for youth placed with or committed to the office of children and family

services or agent thereof shall:

(a) pay, reimburse, subsidize, give any financial incentive or benefit

or defray in any way costs related to the sale, purchase, construction,

development, ownership, management, or operation of an immigration

detention facility that is or will be owned, managed, or operated, in

whole or in part by a private entity; or

(b) otherwise give any financial incentive or benefit in connection

with the sale, purchase, construction, development, ownership,

management, or operation of an immigration detention facility.

4. Notwithstanding any provision of state or local law to the contrary

relating to the time in which a decision shall be rendered on an

application for or an appeal relating to a permit, certificate, or

variance, no local government shall approve a zoning variance or issue a

permit or certificate for the construction or the reuse of existing

buildings or structures by any private entity for use as an immigration

detention facility unless the local government, at a minimum, and in

addition to any other requirements:

(a) provides notice to the public of the proposed zoning variance,

permit, or certificate action at least one hundred eighty days before

authorizing the variance or issuing the permit or certificate; and

(b) solicits and hears public comments on the proposed zoning

variance, permit, or certificate action in at least two separate

meetings open to the public.

5. Nothing in subdivisions three and four of this section shall

restrict any local government from adopting or applying additional

zoning variance, permitting, or certificate requirements, or extending

the length of the one hundred eighty day notice requirement, or

increasing the number of meetings open to the public to discuss the

zoning variance, permit, certificate, or reuse of existing buildings or

structures, notwithstanding any provision of state or local law to the

contrary relating to the time in which a decision shall be rendered on

an application for or an appeal relating to a permit, certificate, or

variance.

6. Nothing in this section shall be construed to prohibit a local

government, law enforcement agency, correctional facility, or local

correctional facility from complying with any state or federal court

order or judicial warrant, or any other action as required by law.

7. (a) Any agreement described in subdivision two of this section

shall be deemed not consistent with state law and any such agreement

existing upon the effective date of this section shall be void and

unenforceable, and any law enforcement agency, correctional facility,

local correctional facility, juvenile detention facility, or facility

for youth placed with or committed to the office of children and family

services, or agent thereof shall exercise any applicable termination

provision contained in such agreement.

(b) Notwithstanding paragraph (a) of this subdivision, any law

enforcement agency, correctional facility, local correctional facility,

juvenile detention facility, or facility for youth placed with or

committed to the office of children and family services, or agent

thereof shall exercise any applicable termination provision contained in

any agreement described in subparagraph (ii) of paragraph (a) of

subdivision two of this section within three months after the effective

date of this section, after which time any such agreement shall be

deemed not consistent with state law, void, and unenforceable.

8. The provisions of this section shall apply notwithstanding any

other provisions of state or local law, charter, code, ordinance,

resolution, rule, or regulation to the contrary. Provided, however, that

nothing in this article shall be construed to prevent or restrict the

state government from adopting, enacting, or enforcing state policies or

a local government from adopting, enacting, or enforcing local policies,

laws, resolutions, ordinances, or regulations which comply with at least

the applicable standards or requirements of this section, or which

exceed the provisions of this section, or which further restrict the

ability of state government or local government personnel to participate

in immigration enforcement beyond the requirements set forth in the

chapter of the laws of two thousand twenty-six that added this section.