DOC proposed rule re felony offenses related to immigration detainer requests

Proposed Rules: Closed to Comments (View Public Comments Received:1)

Agency:
Comment By: 
Monday, August 12, 2019
Download Copy of Proposed Rule (.pdf): 

Statement of Basis and Purpose

Administrative Code § 9-131 limits when the Department of Correction (“Department”) may honor immigration detainer requests by holding a person beyond the time when they would otherwise be released, and also limits the use of Department property and use of time or resources to disclose certain information to federal immigration authorities except in certain limited circumstances. The Department may honor detainers by holding a person beyond the time when they would otherwise be released only when federal immigration authorities present a judicial warrant for detention of a person and the person to whom the detainer pertains has been convicted of a violent or serious crime, as defined under Administrative Code § 9-131(a)(7), or is identified as a possible match in the terrorist screening database. In addition, the Department may disclose to federal immigration authorities certain information regarding persons convicted of a violent or serious crime or identified as a possible match in the terrorist screening database.

Administrative Code §§ 9-131(a)(7)(v) and 14-154(a)(6)(v) allow the Department to promulgate a rule, in consultation with the police department, to add additional crimes to the definition of “violent or serious crime” if those crimes are felonies that were codified or amended by the state legislature after the enactments of §§ 9-131 and 14-154 and if they involve violence, force, firearms, terrorism, or endangerment or abuse of vulnerable persons.

After consultation with the New York Police Department, the Department is proposing the following rule to add seven Penal Law offenses to the definition of “violent or serious crime.”

These offenses were codified by the state legislature after the enactments of Administrative Code §§ 9-131 and 14-154 and involve violence, force, firearms, terrorism, or endangerment or abuse of vulnerable persons. The offenses are:

  • Aggravated labor trafficking, Penal Law § 135.37
  • Patronizing a person for prostitution in a school zone, Penal Law § 230.08
  • Aggravated patronizing a minor for prostitution in the third degree, Penal Law § 230.11
  • Aggravated patronizing a minor for prostitution in the second degree, Penal Law § 230.12
  • Aggravated patronizing a minor for prostitution in the first degree, Penal Law § 230.13
  • Sex trafficking of a child, Penal Law § 230.34-a
  • Coercion in the second degree, Penal Law § 135.61

Adoption of this proposed rule will add the above offenses to the definition of “violent or serious crime” in Administrative Code §§ 9-131(a)(7), 14-154(a)(6), which limits when the Police Department may honor immigration detainers by holding a person beyond the time when they would otherwise be released, and  9-205, which limits when the Department of Probation may honor immigration detainers by holding a person beyond the time when they would otherwise be released.

Public Hearing
Subject: 

The NYC DOC will hold a public hearing on the proposed rule.

Public Hearing Date: 
Monday, August 12, 2019 - 10:00am
Contact: 

No contact

Location: 
125 Worth Street
New York, NY 10013