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The department of probation shall evaluate the effectiveness of each program through which the department provides any structured service directly to probation clients. No later than 90 days from January 1 of each year, beginning in 2017, the department shall submit a summary of each evaluation to the mayor and the council, and post such summary to the department's website. This summary shall include criteria determined by the department, which shall include, but not be limited to, information related to the following for each such program: (i) the amount of funding received; (ii) the number of individuals served; (iii) a brief description of the services provided, including a program's length, requirements, and target populations, where applicable; and (iv) recidivism and compliance rates, if applicable, provided that such summary may calculate recidivism without using data for participants who only participated in such programming for a minimal period of time, where such period of time is identified in such summary.
(L.L. 2016/089, 8/3/2016, eff. 8/3/2016)
a. For the purposes of this section, all terms shall have the same meanings as set forth in section 9-131, except that the term "department" means department of probation.
b. The department may only honor a civil immigration detainer by holding a person if:
1. federal immigration authorities present the department with a judicial warrant for the detention of the person who is the subject of such civil immigration detainer at the time such civil immigration detainer is presented; and
2. a search of state and federal databases, or any similar or successor databases, accessed through the New York state division of criminal justice services e-JusticeNY computer application, or any similar or successor computer application maintained by the city or state of New York, indicates, or the department has been informed by a court or any other governmental entity, that such person:
(a) has been convicted of a violent or serious crime, or
(b) is identified as a possible match in the terrorist screening database.
c. No conferral of authority. Nothing in this section shall be construed to confer any authority on any entity to hold persons on civil immigration detainers beyond the authority, if any, that existed prior to the enactment of this section.
d. No conflict with existing law. This section supersedes all conflicting policies, rules, procedures and practices of the city. Nothing in this section shall be interpreted or applied so as to create any power, duty or obligation in conflict with any applicable law.
e. No private right of action. Nothing contained in this section or in the administration or application hereof shall be construed as creating any private right of action on the part of any persons or entity against the city or the department, or any official or employee thereof.
f. Reporting. No later than September 1, 2018, and no later than September 1 of each year thereafter, the department shall post a report on its website that includes the following information for the preceding 12-month period ending June 30:
1. the number of civil immigration detainers received from federal immigration authorities;
2. the number of persons held pursuant to civil immigration detainers;
3. the number of persons transferred to the custody of federal immigration authorities pursuant to civil immigration detainers;
4. the number of persons for whom civil immigration detainers were not honored; and
5. the number of requests from federal immigration authorities concerning a person's incarceration status, release dates, court appearance dates, scheduled appointment dates or times, or any other information related to such person, and the number of responses honoring such requests, disaggregated by:
i. the number of responses to federal immigration authorities concerning a person with no convictions for a violent or serious crime, disaggregated by the number of such responses that included incarceration status, release dates, court appearance dates, scheduled appointment dates or times, or other types of information, and whether the department facilitated the transfer of such persons to the custody of federal immigration authorities;
ii. the number of responses to federal immigration authorities concerning a person with at least one conviction for a violent or serious crime, disaggregated by the number of such responses that included incarceration status, release dates, court appearance dates, scheduled appointment dates or times, or other types of information, and whether the department facilitated the transfer of such persons to the custody of federal immigration authorities; and
iii. the number of responses to federal immigration authorities concerning a person with no convictions for a violent or serious crime who were identified as a possible match in the terrorist screening database, disaggregated by the number of such responses that included incarceration status, release dates, court appearance dates, scheduled appointment dates or times, or other types of information, and whether the department facilitated the transfer of such persons to the custody of federal immigration authorities.
g. Publication of policy required. The department shall publish on its website its policy regarding requests for information from federal immigration authorities.
(L.L. 2017/226, 12/1/2017, eff. 12/1/2017 and 3/1/2018)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2017/226.
a. The department of probation shall not require individuals on probation to submit to marijuana testing unless a determination is made, based on an individual's history and personal circumstances, that abstinence from marijuana is necessary to otherwise lead an otherwise law-abiding life.
(L.L. 2019/090, 5/10/2019, eff. 5/10/2019)
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