SB 992 — AN ACT CONCERNING THE TRUST ACT.

General Assembly RaisedSubstitute Bill No.

992 January Session, 2019 LCOAN No.ACT CONCERNING THE TRUST ACT.

5102 Referred to Committee on JUDICIARY Introduced by:

(JUD) AN ACT CONCERNING THE TRUST ACT.

[(1)] (2) "Civil immigration detainer" means a [detainer request issued pursuant to 8 CFR 287.7]287.7;] request from a federal immigration authoritiesauthority to a local or state law enforcement agenciesagency for purposesa purpose including, but not limited to:

(A) Detaining aan personindividual suspected of violating a federal immigration LCOlaw No.or who has been issued a final order of removal;

5102(B) 1Facilitating the (i) arrest of 8an Raisedindividual Billby No.992a lawsfederal immigration authority, or who(ii) hastransfer beenof issuedan aindividual finalto orderthe custody LCO \\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00992-R01 of removal;8 SB.docx Substitute Bill No.

(B)992 Facilitating the arrest or transfer of an individual to the custody of a federal immigration authority;

and (D) Notifying a law enforcement officer, through DHS Form I-247A, or any other form used by the United States Department of Homeland Security or any successor agency thereto, of the federal immigration authority's intent to take custody of aan person;individual;

[and] LCO(5) No."ICE" means United States Immigration and Customs Enforcement or any successor agency thereto;

5102LCO 2{\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00992 of 8 RaisedR01-SB.docx Bill} No.992Substitute (5)Bill "ICE"No. means United States Immigration and Customs Enforcement or any successor agency thereto;

992 (6) "ICE access" means thatany whenof the following actions taken by a law enforcement officer with respect to an individual who is stopped by a law enforcement officer with or without theirthe individual's consent, arrested, detained or otherwise under the control of thea law enforcement agency,official anyor ofagency: the following actions by a law enforcement officer:

(A) Responding to a civil immigration detainer or request for notification requestpursuant to subparagraph (B) of this subdivision concerning such individual;

(C) Providing a federal immigration authority nonpublicly available information concerning such individual regarding release dates,date or time, home addressesaddress or work addresses,address, whether obtained through a computer databasesdatabase or otherwise;

(D) Allowing a federal immigration authority to interview such individual inunder the control of the law enforcement custody;agency;

or (F) Providing a federal immigration authority information regarding dates and times of probation or parole supervision or any other information related to such individual's compliance with the terms of probation andor parole;

(8) "Law enforcement agency" means any agency for which a law enforcement officer is an employee of or otherwise paid by or acting as LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00993 of 8 R01-SB.docx } Substitute Bill No.

5102 3 of 8 Raised Bill No.

and (D) Each judicial marshal, [and] state marshal, [.] bail commissioner and adult probation officer;

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5102992 4 of 8 Raised Bill No.992 (4) Is identified as a known gang member in the database of the National Crime Information Center or any similar database or is designated as a Security Risk Group member or a Security Risk Group Safety Threat member by the Department of Correction;

or (7) Presents an unacceptable risk to public safety, as determined by the law enforcement officer]officer.] (2) Expend or use time, money, facilities, property, equipment, personnel or other resources communicatingto communicate with a federal immigration authority regarding the custody status or release of an individual targeted by a civil immigration detainer, except as provided in subsection (e) of this section;

(4) Give a federal immigration authority access to interview an individual inwho agencyis orin departmentthe custody forof immigrationa law enforcement purposes;agency;

(5) Perform any function of a federal immigration authority, whether pursuant to 8 USC 1357(g) or any other law, regulation, agreementagreement, or contract or policy, whether formal or informal;

or (6) Expend or use time, money, facilities, property, equipment, personnel or other resources to investigate, enforce or assist in the investigation or enforcement of any federal program requiring registration of individualsan individual on the basis of race, gender, age, sexual orientation, religion, country from which the individual has immigrated or national or ethnic origin.

LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00995 of 8 R01-SB.docx } Substitute Bill No.

5102992 5 of 8 Raised Bill No.992 [(c) Upon determination by the law enforcement officer that such individual is to be detained or released, the law enforcement officer shall immediately notify United States Immigration and Customs Enforcement.

In no event shall an individual be detained for longer than such forty-eight-hour period solely on the basis of a civil immigration detainer.] (c) Prior to responding to anya request for notification of an individual's release date and time from custody of a law enforcement agency, the law enforcement officer shall forward the request to the head of suchthe law enforcement agency for review.

(d) Any confidential information of an individual who comes into contact with a law enforcement officialofficer may be disclosed to a federal immigration authority only if such disclosure is:

(e) (1) Upon receiving anya civil immigration detainer, a law enforcement agency shall provide a copy of the detainer to the affected individual who is the subject of the detainer and inform himthe orindividual her whether the law enforcement agency intends to comply with the detainer.

If a law enforcement agency provides ICE with notification thatLCO an{\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00996 individualof is8 being,R01-SB.docx or} willSubstitute beBill LCO No.

5102992 6that ofan 8individual Raisedis Billbeing, No.992or will be released on a certain date, the law enforcement agency shall promptly provide to the individual and to histhe orindividual's her attorney or one other personindividual who the individual may designatedesignate, a copy of such notification as well as the reason, in writing, that such law enforcement agency is complying with the detainer.

Records relating to ICE access include, but are not limited to, data maintained by the law enforcement agency regarding the number and demographic characteristicsdata of individuals to whom the agency has provided ICE access, the date ICE access was provided to an individual, the type of ICE access provided to an individual, the amount of resources expended on providing ICE access and any communication between the law enforcement agency and any federal immigration authority.

(3) Beginning January 1, 2020, the legislative body of any municipality with a law enforcement agency that has provided ICE access to an individual during the pastprior month shall provide to the Office of Policy and Management, on an ongoing monthly basis, data regarding the number and demographic characteristicsdata of individuals to whom the law enforcement agency has provided ICE access, the date ICE access was provided to an individual and whether the ICE access was provided as part of compliance with a civil immigration detainer or through other means.

(f) The Office of Policy and Management shall ensure that the requirements providedof in this section are disseminated to, and appropriate training is provided for, all affected law enforcement agencies and school police or security departments and employees and agents of such law enforcement agencies and school police or security departments.

Such training may entail how law enforcement officers andLCO other{\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00997 officialsof performing8 similarR01-SB.docx duties} shallSubstitute adhereBill to the LCO No.

5102992 7and other officials performing similar duties will adhere to the provisions of 8this Raisedsection Billand No.how they will interact with crime victims, potential criminal suspects and individuals cooperating with law enforcement officers.

992(g) provisionsNo provision of this section andshall howbe theyconstrued willto interactprovide, withexpand crimeor victims,ratify potentialthe criminallegal suspectsauthority andof individualsany cooperating with law enforcement officers.agency to detain an individual based on a civil immigration detainer request.

(g) No provision of this section shall be construed to provide, expand or ratify the legal authority of any law enforcement agency to detain an individual based upon a civil immigration detainer request.

Section 1 October 1, 2019 54-192h Statement of Purpose:Legislative Commissioners: