NY A06607

Department of Correction shall not hold individuals beyond their release date or notify federal immigration authorities of release based on civil immigration detainers, with limited exceptions.

Exceptions allow detainers to be honored if database searches reveal the individual has been convicted of a crime, is a defendant in a pending criminal case, has an outstanding warrant, is identified as a known gang member, is a terrorist screening database match, has an outstanding removal warrant, or is subject to a final removal order.

Department must maintain confidentiality of information obtained through database searches and clarifies the law does not expand authority beyond what existed prior to enactment.

Department must post annual reports by September 30th beginning in 2020 detailing numbers of individuals held or transferred under immigration detainers, broken down by conviction status, gang affiliation, terrorist screening matches, and other categories.

Act takes effect 120 days after enactment, with authority for rule and regulation changes effective immediately upon passage.