SENATE DOCKET, NO. 1698        FILED ON: 1/16/2015

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1258

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

James B. Eldridge

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act to restore community trust in Massachusetts law enforcement.

_______________

PETITION OF:

SENATE DOCKET, NO. 1698        FILED ON: 1/16/2015

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1258

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 1135 OF 2013-2014.]

The Commonwealth of Massachusetts

_______________

In the One Hundred and Eighty-Ninth General Court
(2015-2016)

_______________

An Act to restore community trust in Massachusetts law enforcement.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Chapter 126 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting after section 39 the following new section:

Section 40. Definitions

As used in sections 40 to 43, inclusive, the following words shall, unless the context clearly requires otherwise, have the following meanings

“Civil immigration detainer” means a request, including one using federal form I-247, issued by a federal immigration officer authorized under Section 287.7 of Title 8 of the Code of Federal Regulations or by any other authorized federal immigration officer to a local law enforcement official to, among other things, maintain custody of an individual once that individual is released from local custody.

“Released from local custody” means that an individual may be released from the custody of a Massachusetts law enforcement agency because any of the following conditions has occurred:

(a) All criminal charges against the individual have been dropped or dismissed;

(b) The individual has been acquitted of all criminal charges filed against him or her;

(c) The individual has served the time required for his or her sentence;

(d) The individual has posted a bail or bond, or has been released on his or her own recognizance;

(e) The individual has been referred to pre-trial diversion services;

(f) The individual has been sentenced to an alternative to incarceration, including a rehabilitation facility;

(g) The individual is otherwise eligible for release under state or local law.

“Administrative warrant” means a warrant, notice to appear, removal order, or warrant of deportation, issued by an agent of a federal agency charged with the enforcement of immigration laws or the security of the borders, including Immigration and Customs Enforcement and Customs and Border Protection. An administrative warrant is not one issued by a judicial officer.

“Citizenship or immigration status” means all matters regarding questions of citizenship of the United States or any other country, the authority to reside in or otherwise be present in the United States, the time or manner of a person's entry into the United States, or another civil immigration matter enforced by the Department of Homeland Security or other federal agency charged with the enforcement of civil immigration laws.

“ICE” means the United States Immigration and Customs Enforcement Agency, and includes the former Immigration and Naturalization Service, Customs and Border Protection, and any successor agency charged with the enforcement of civil immigration laws.

“Inmate” means anyone in the custody of a Massachusetts law enforcement agency as defined under of this section, and does not include individuals in the custody of Immigration and Customs Enforcement.

“Massachusetts law enforcement agency" means police departments of political subdivisions of the Commonwealth, sheriffs’ departments, the Massachusetts State Police, the Massachusetts Department of Corrections, the Massachusetts Probation Service, the Office of Community Corrections, and the Massachusetts Trial Court Community Service Program, college and university campus police, and any other entity in commonwealth (other than federal agencies) that are charged with the enforcement of laws, the operation of jails or prisons, or the custody of detained persons. 

SECTION 2. Chapter 126 of the General Laws, as so appearing, is hereby amended by inserting after section 40 the following new section:

Section 41. Standards for Responding to Immigration Detainers

(1) No officer or employee of a Massachusetts law enforcement agency may arrest or detain an individual solely on the basis of a civil immigration detainer or an administrative warrant.

(2) No officer or employee of a Massachusetts law enforcement agency may continue to detain an individual solely on the basis of a civil immigration detainer or an administrative warrant once that individual has been released from local custody. 

(3) No inmate subject to a civil immigration detainer or administrative warrant shall be denied bail solely on the basis of that detainer or administrative warrant. 

(4) Massachusetts law enforcement agencies shall not allow ICE agents to use their facilities for investigative interviews or other purposes, and shall not allow ICE agents access to inmates either in person or via telephone or videoconference.

(5) If any inmate is subject to a civil immigration detainer or an administrative warrant, the Massachusetts law enforcement agency having custody of the inmate shall provide him or her with a copy of the civil immigration detainer or administrative warrant, and any other documentation pertaining to his or her case that is presented to the Massachusetts law enforcement agency by federal immigration authorities.

(6) No Massachusetts law enforcement agency shall provide or allow ICE access to booking lists or information regarding inmates’ incarceration status or release dates. Law enforcement agencies shall not notify ICE about an inmate’s release. Nothing in this section shall limit the exchange of information regarding citizenship or immigration status as permitted by federal law.

SECTION 3. Chapter 126 of the General Laws, as so appearing, is hereby amended by inserting after section 41 the following new section:

Section 42. Transfers of custody

Law enforcement officials shall not transport inmates who are subject to a civil immigration detainer or administrative warrant into ICE custody. Inmates subject to a civil immigration detainer or administrative warrant may be transported to court hearings, community or rehabilitative programs or to other Massachusetts facilities. Nothing in this section shall be construed as limiting or changing the duties of law enforcement agencies regarding the transportation of individuals who have been placed formally in federal immigration custody. Nothing in this section shall be construed as limiting or changing the duties of Sheriffs in section 24 of chapter 37, except that ICE facilities or ICE custody shall not be considered non-correctional for the purposes of subsection (c) of that section.

SECTION 4. Chapter 126 of the General Laws, as so appearing, is hereby amended by inserting after section 42 the following new section:

Section 43. Data Collection

All law enforcement agencies shall retain copies of civil immigration requests and administrative warrants received along with accompanying information, and record the following for any inmates subject to either: race, gender, place of birth, date and time of arrest, arrest charges, date and time of receipt of civil immigration detainer or administrative warrant; date and time that the individual was taken into custody by federal immigration agents; immigration or criminal history known or marked on the civil immigration detainer form; whether the civil immigration detainer was accompanied by additional documentation regarding immigration status or proceedings, and; whether a copy of the forms were provided to the inmate.

All law enforcement agencies that receive detainer requests shall report all information collected pursuant to this section quarterly to the Civil Rights Division of the Attorney General’s Office. Such information, with the exception of criminal offender record information, as defined in section 167 of chapter 6, shall be a public record, within the meaning of section 3 of chapter 66 and section 4, twenty-sixth or chapter 7.