A5207 —

2021, c.199 (A5207 1R) §§1&2CHAPTER -199 C.30:4-8.15  &An 30:4-8.16Act  concerning P.L.correctional and detention facilities and supplementing Title 30 of the Revised Statutes.

2021, CHAPTER 199, approved August 20, 2021 Assembly, No.

5207 (First Reprint)     An Act concerning correctional 1and detention1 facilities and supplementing Title 30 of the Revised Statutes.

       C.30:4-8.15  11. Findings, Thedeclarations. Legislature finds and declares that:

      1.   The Legislature finds and declares that:

      d.   In keeping with its obligation to protect and advance the health and just treatment of all people within the State of New Jersey, it is therefore the intent of the Legislature to prevent new, expanded, or renewed agreements to detain people for civil immigration purposes.1purposes.         1[1.]  2.1   a.     As used in this act:

       1[“FederalC.30:4-8.16  immigrationDefinitions. authority” means an agency of the United States government responsible for implementing and enforcing federal immigration law, including but not limited to, the United States Immigration and Customs Enforcement, United States Customs and Border Protection, and United States Citizenship and Immigration Services within the Department of Homeland Security.]1       “Immigration detention agreement” means any contract, agreement, intergovernmental service agreement, or memorandum of understanding that authorizes the 1[state] State1, local government agency, or private 1[correctional] detention1 facility to house or detain individuals for 1[federal]1 civil immigration violations 1[under the authority of the Immigration and Nationality Act (8 U.S.C.

s.1101 et seq.)]1.        “Local2.   governmenta. agency” means a county, county sheriff, municipality, or other political subdivision and any agency, officer, employee, or agent thereof.

      As “Privateused detentionin facility”this meansact: any privately owned or operated facility that houses or detains individuals for 1[federal]1 civil immigration violations 1[under the authority of the Immigration and Nationality Act (8 U.S.C.

s.1101      et“Immigration seq.)]1. detention      agreement” b.  means Onany contract, agreement, intergovernmental service agreement, or aftermemorandum of understanding that authorizes the effectiveState, datelocal ofgovernment thisagency, act:or private detention facility to house or detain individuals for civil immigration violations.

      (1) “Local thegovernment Stateagency” ormeans 1a1a localcounty, governmentcounty agencysheriff, shallmunicipality, notor enterother into,political renew,subdivision orand extend any immigrationagency, detentionofficer, agreementemployee, asor definedagent inthereof. subsection a.

      “Private detention facility” means any privately owned or operated facility that houses or detains individuals for civil immigration violations.

      b.   On or after the effective date of this act:

      (1)  the State or a local government agency shall not enter into, renew, or extend any immigration detention agreement as defined in subsection a.

of this section. section.         1c.  Nothing in this section shall be construed to prohibit, or in any way restrict, any action where the prohibition or restriction would be contrary to federal law, the United States Constitution, or the New Jersey Constitution.1        1[2.] 3.1     This act shall take effect immediately.                                              Prohibits State and local entities and private detention facilities from entering into agreement to detain noncitizens.

      c.   Nothing in this section shall be construed to prohibit, or in any way restrict, any action where the prohibition or restriction would be contrary to federal law, the United States Constitution, or the New Jersey Constitution.

       3.    This act shall take effect immediately.         Approved August 20, 2021.