Vermont H 298: An act relating to miscellaneous employee rights and protections

Bill Text

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VT LEG #380939 v.1
H.298 1
Introduced by Representatives Dodge of Essex, Headrick of Burlington, Cole 2
of Hartford, Donahue of Northfield, Logan of Burlington, 3
McGill of Bridport, Minier of South Burlington, Olson of 4
Starksboro, and Tomlinson of Winooski 5
Referred to Committee on 6
Date: 7
Subject: Corrections; powers of the department; immigration assistance; 8
restrictions 9
Statement of purpose of bill as introduced: This bill proposes to terminate and 10
restrict Department of Corrections’ assistance to federal immigration 11
authorities. Specifically, this bill prohibits Department assistance to the 12
federal immigration authorities to the extent permitted under federal law. This 13
bill also creates reporting requirements to apprise the General Assembly of the 14
current extent of Department assistance to federal immigration authorities, 15
inquiries for assistance from federal immigration authorities, and any legal 16
challenges or federal law changes affecting the provisions of this bill. Finally, 17
this bill proposes to provide rulemaking authority to the Department to train 18
and educate its employees on the relevant laws and restrictions, in addition to 19
penalizing employees for noncompliance. 20

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VT LEG #380939 v.1
An act relating to restricting the Department of Corrections’ cooperation 1
with federal immigration authorities 2
It is hereby enacted by the General Assembly of the State of Vermont: 3
Sec. 1. INTENT 4
(a) It is the intent of the General Assembly to ensure equality under the law 5
for all residents of Vermont by restricting assistance to federal immigration 6
authorities as such assistance can undermine the public trust and 7
disproportionately impact Vermont’s immigrant communities. 8
(b) It is the further intent of the General Assembly to divest from assisting 9
federal immigration authorities to the greatest extent possible under the law, 10
including the examination and possible termination of federal contracts with 11
the Department of Corrections that do not align with Vermont’s values and 12
policies. 13
Sec. 2. 28 V.S.A. § 101 is amended to read: 14
§ 101. POWERS OF THE DEPARTMENT 15
The Department is charged with the following powers: 16
(1) to establish, maintain, and administer such State correctional 17
facilities and programs as may be required for the custody, control, 18
correctional treatment, and rehabilitation of committed persons, and for the 19
safekeeping of such other persons as may be committed to the Department in 20
accordance with law; 21

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VT LEG #380939 v.1
(2) to operate diagnostic and treatment programs and such other 1
programs deemed desirable to treat persons committed to the Department and 2
to further other purposes and objectives of this title; 3
(3) to administer the supervision of persons placed on probation and 4
released on parole and to administer probation and parole services; 5
(4) to employ such officers, employees and agents as deemed necessary 6
to discharge the functions of the Department; 7
(5) to establish standards for the management, operation, personnel, and 8
program of all correctional facilities in the State; 9
(6) to act in an advisory capacity in assisting law enforcement agencies, 10
except federal immigration authorities, and communities in the prevention of 11
crime and delinquency; 12
(7) to enforce and administer such other laws as may be vested in the 13
Department; 14
(8) to enter into agreements for assistance in support of the operation of 15
jails or lockups in accordance with criteria established by the Department, and 16
to use the jails or lockups as provided in this title, except agreements or 17
cooperative arrangements to assist federal immigration authorities; 18
(9) notwithstanding any other provision of law, the State and the 19
Department shall not be responsible for the expense of detaining a person in 20
custody except as provided in this title; 21

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VT LEG #380939 v.1
(10) to charter, establish, and fund through grants such municipal 1
entities or nonprofit organizations as may be required for providing crime 2
prevention and restorative justice programs for offenders, victims of crime, and 3
the public. 4
Sec. 3. 28 V.S.A. § 102(b) is amended to read: 5
(b) The Commissioner is charged with the following powers: 6
* * * 7
(8) To cooperate with and accept funds from the federal government or 8
any agency thereof, except any federal immigration authority, for the purpose 9
of exercising the powers and responsibilities stated in this section. 10
* * * 11
Sec. 4. 28 V.S.A. § 108 is added to read: 12
§ 108. DEPARTMENT OF CORRECTIONS; FEDERAL IMMIGRATION 13
AUTHORITIES; RESTRICTIONS ON ASSISTANCE 14
(a) Restrictions. 15
(1) The Department of Corrections shall not contact any federal 16
immigration authorities for assistance on the b