Civil confinement facilities.
Existing law prohibits a city, city and county, or local law enforcement agency from entering into a contract with the federal government or any federal agency to house or detain noncitizens for purposes of civil immigration custody in a locked detention facility. Existing law, until July 1, 2027, requires the Attorney General to engage in reviews of county, local, and private locked detention facilities in which noncitizens are being housed or detained for purposes of civil immigration proceedings in California. Existing law requires that review to include a review of the conditions of confinement, a review of the standard of care and due process provided to the detainees, and a review of the circumstances around their apprehension and transfer to the facility. Existing law requires any private detention facility operator, as defined, to comply with, and adhere to, the detention standards of care and confinement agreed upon in the facility's contract for operations.
This bill, the Private Detention and Civil Confinement Facility Oversight and Standards Act of 2026, would require a covered civil confinement facility, defined to include private detention facilities and specified mental health treatment facilities, unless otherwise licensed, certified, designated, or approved under state law or local ordinance, to file an annual registration with the State Department of Public Health and identify specified information about the facility, including, among other things, the contracting entity and the standards of care and confinement in the facility's operating contract. The bill would require the department to adopt rules and regulations to enforce the above-described requirement.
This bill would require a facility operator to comply with specified standards and requirements relating to, among other things, applicable health and safety laws and standards of care and confinement set forth in a contract or agreement. The bill would require an enforcing agency, defined
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