Establishes the detention support program in the office for new Americans to provide financial assistance to individuals and families of detained persons, including for bond payments to secure release from detention and travel stipends to facilitate visitation with detained individuals; establishes the detention support program fund.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8855
SPONSOR: Forrest TITLE OF BILL:
An act to amend the executive law, in relation to establishing the
detention support program; and to amend the state finance law, in
relation to establishing the detention support program fund
PURPOSE OR GENERAL IDEA OF BILL:
To establish a detention support program under the Office for New Ameri-
cans to provide financial assistance to individuals and families
affected by immigration detention, including support for bond payments
and travel stipends for visitations.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Adds subdivision 6 to Section 94-b of the Executive Law,
establishing the Detention Support Program under the Office for New
Americans to distribute funds to affected individuals and families.
Section 2: Amends Paragraph (n) of subdivision 5 of Section 94-b to
include reporting on the Detention Support Program in the Office's annu-
al report to the Governor and Legislature.
Section 3: Adds Section 99-ss to the State Finance Law to establish the
Detention Support Program Fund, detailing its sources, use, and adminis-
tration.
Section 4: Sets the effective date 180 days after the act becomes law,
allowing necessary regulatory actions prior to implementation.
JUSTIFICATION:
Immigration detention can impose severe financial and emotional strain
on families, especially those of limited means. Bond amounts for release
can be prohibitively high, and travel costs to detention centers-often
located far from detainees' homes-add to the burden. The proposed
Detention Support Program seeks to mitigate these hardships through
targeted financial assistance.
By providing bond payments, the program can help expedite the release of
detained individuals, allowing them to reunite with families and prepare
for their legal proceedings from a position of stability. Studies show
that individuals released on bond are significantly more likely to
secure legal representation and to succeed in immigration court.
Additionally, offering travel stipends supports familial cohesion and
mental well-being by enabling visitations. Maintaining family contact
during detention correlates with better mental health outcomes and can
facilitate reintegration post-detention.
The program's implementation through the Office for New Americans
ensures it is accessible and well-integrated with existing immigrant
support services. Coordination with community-based organizations
further ensures outreach to eligible recipients and trust in the
program.
PRIOR LEGISLATIVE HISTORY:
New bill
FISCAL IMPLICATIONS:
TBD
EFFECTIVE DATE:
This act shall take effect 180 days after it becomes law. Rulemaking and
administrative preparations may commence immediately.
STATE OF NEW YORK
________________________________________________________________________
8855
2025-2026 Regular Sessions
IN ASSEMBLY
June 9, 2025
___________
Introduced by M. of A. FORREST -- read once and referred to the Commit-
tee on Governmental Operations
AN ACT to amend the executive law, in relation to establishing the
detention support program; and to amend the state finance law, in
relation to establishing the detention support program fund
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 94-b of the executive law is amended by adding a
2 new subdivision 6 to read as follows:
3 6. Detention support program. (a) There is hereby established, within
4 the office, the detention support fund program. The purpose of the
5 program shall be to distribute funds from the detention support program
6 fund established pursuant to section ninety-nine-ss of the state finance
7 law to provide financial assistance to individuals and families of
8 detained persons, including but not limited to:
9 (i) Bond payments to secure release from detention; and
10 (ii) Travel stipends to facilitate visitation with detained individ-
11 uals, both in and out of the state.
12 (b) (i) The office shall establish eligibility criteria to receive a
13 grant or reimbursement from the program. Such criteria shall prioritize
14 individuals and families facing financial hardship.
15 (ii) The office shall establish a grant or reimbursement process by
16 which program funds shall be distributed. Such process may require
17 applicants to submit specific documentation to determine eligibility to
18 receive a grant or reimbursement from the fund.
19 (iii) The office shall coordinate with community-based organizations
20 to ensure accessibility to the program and outreach to individuals who
21 may be eligible to receive a grant or reimbursement from the program.
22 (c) (i) The office shall submit an annual report to the governor and
23 the legislature which shall include, but not be limited to: the total
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11600-01-5
A. 8855 2
1 amount of program funds disbursed; the number of individuals assisted by
2 the program; and recommendations for future funding adjustments.
3 (ii) The office shall ensure transparency by maintaining publicly
4 available data on the expenditure of program funds; provided, however,
5 that such data shall exclude personally identifiable information.
6 § 2. Paragraph (n) of subdivision 5 of section 94-b of the executive
7 law, as amended by chapter 625 of the laws of 2024, is amended to read
8 as follows:
9 (n) Beginning in two thousand fifteen, by June fifteenth of each year,
10 produce a report to the governor, the speaker of the assembly, and the
11 temporary president of the senate describing the activities of the
12 office, including but not limited to, summarizing calls received through
13 the hotline and website, information on ESOL training services provided
14 by the office, the number of immigrants assisted through the opportunity
15 centers, or an estimation thereof, the status of any workforce develop-
16 ment programs, information on the detention support program established
17 pursuant to subdivision six of this section, and any other relevant
18 information;
19 § 3. The state finance law is amended by adding a new section 99-ss to
20 read as follows:
21 § 99-ss. Detention support program fund. 1. There is hereby estab-
22 lished, in the joint custody of the comptroller and the commissioner of
23 taxation and finance a fund to be known as the detention support program
24 fund.
25 2. Such fund shall consist of all moneys appropriated for the purpose
26 of such fund, all other moneys required to be paid into, transferred or
27 credited to such fund, and all moneys received by the fund or donated to
28 it.
29 3. Moneys of the detention support program fund shall be expended
30 solely for the purposes of carrying out the provisions of the detention
31 support program established pursuant to subdivision six of section nine-
32 ty-four-b of the executive law. Moneys shall be paid out of the fund on
33 the audit and warrant of the state comptroller on vouchers approved by
34 the director of the office for new Americans. Any interest received by
35 the comptroller on moneys on deposit in the detention support program
36 fund shall be retained in and become part of such fund.
37 § 4. This act shall take effect on the one hundred eightieth day
38 after it shall have become a law. Effective immediately, the addition,
39 amendment and/or repeal of any rule or regulation necessary for the
40 implementation of this act on its effective date are authorized to be
41 made and completed on or before such effective date.
