Amended  IN  Assembly  June 04, 2020
Amended  IN  Assembly  May 07, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 3228

Introduced by Assembly Member Bonta

February 21, 2020

An act to add Chapter 17.95 (commencing with Section 7320) to Division 7 of Title 1 of the Government Code, relating to detention facilities.


LEGISLATIVE COUNSEL'S DIGEST


AB 3228, as amended, Bonta. Private detention 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 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.
This bill would require any private detention facility operator to comply with, and adhere to, the detention standards of care and confinement agreed upon in the facility’s contract for operations. The bill would define a private detention facility as a detention facility operated by a private, nongovernmental, for-profit entity pursuant to a contract or agreement with a governmental entity. If a private detention facility commits a tortious action that violates the requirement to comply with detention standards of care and confinement, the bill would allow an individual, the Attorney General, or a district attorney to bring a civil cause of action for injunctive and equitable relief. The bill would also allow the Attorney General, or a district or city attorney, to seek a civil penalty of $25,000 for each individual injured, and would allow the court to award a prevailing party reasonable attorney’s fees and costs.

The bill would also establish the California Detention Standards and Safety Working Group within the Office of the Inspector General, to include representatives of the State Department of Public Health, the State Department of Social Services, the Attorney General, attorneys and advocates working directly with individuals in detention, and any other relevant state agency. The bill would require the working group to provide recommendations to the Legislature with respect to ensuring health, public safety, and humane standards in all detention facilities in California.

The bill would state that its provisions are severable.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 (a)It is the intent of the Legislature, in keeping with its obligation to safeguard the humane and just treatment of all individuals located within California, to ensure that private actors in the State of California respect and adhere to detention standards set forth in their private contracts, thus ensuring the welfare of those detained in these facilities and protecting public health with respect to the threat posed by COVID-19.

(b)It is the intent of the Legislature that the Office of the Inspector General convene a working group focused on ensuring health, public safety, and humane standards in all detention facilities, particularly in the wake of health and safety concerns due to the rapid spread of COVID-19 in these facilities.

SEC. 2.

 Chapter 17.95 (commencing with Section 7320) is added to Division 7 of Title 1 of the Government Code, to read:
CHAPTER  17.95. Private Detention Facilities

7320.
 (a) Any private detention facility operator shall comply with, and adhere to, the detention standards of care and confinement agreed upon in the facility’s contract for operations.
(b) (1) “Detention facility” means any facility in which persons are incarcerated or otherwise involuntarily confined for purposes of execution of a punitive sentence imposed by a court or detention pending a trial hearing or other judicial or administrative proceeding. However, a “detention facility” does not include, and this section does not apply to, any of the following:
(A) Any facility providing rehabilitative, counseling, treatment, mental health, educational, or medical services to a juvenile that is under the jurisdiction of the juvenile court pursuant to Part 1 (commencing with Section 100) of Division 2 of the Welfare and Institutions Code.
(B) Any facility providing evaluation or treatment services to a person who has been detained, or is subject to an order of commitment by a court, pursuant to Section 1026 of the Penal Code, or pursuant to Division 5 (commencing with Section 5000) or Division 6 (commencing with Section 6000) of the Welfare and Institutions Code.
(C) Any facility providing educational, vocational, medical, or other ancillary services to an inmate in the custody of, and under the direct supervision of, the Department of Corrections and Rehabilitation or a county sheriff or other law enforcement agency.
(D) A residential care facility licensed pursuant to Division 2 (commencing with Section 1200) of the Health and Safety Code.
(E) Any school facility used for the disciplinary detention of a pupil.
(F) Any facility used for the quarantine or isolation of persons for public health reasons pursuant to Division 105 (commencing with Section 120100) of the Health and Safety Code.
(G) Any facility used for the temporary detention of a person detained or arrested by a merchant, private security guard, or other private person pursuant to Section 490.5 or 837 of the Penal Code.
(2) “Private detention facility” means a detention facility that is operated by a private, nongovernmental, for-profit entity pursuant to a contract or agreement with a governmental entity.
(3) “Private detention facility operator” means any private person, corporation, or business entity that operates a private detention facility.
(4) “Detention standards of care and confinement” refers to any regulations, policies, or standards specified in the contract for services in the facility.
(5) “Tortious action” means any act or willful misconduct that violates a duty of care, as specified in Section 1714 of the Civil Code.
(c) If a private detention facility operator, or agent of a private detention facility, or person acting on behalf of a detention facility operator, commits a tortious action which violates subdivision (a), an individual, the Attorney General, or any district attorney or city attorney, may bring a civil action for injunctive and other equitable relief. An action brought by the Attorney General, a district attorney, or a city attorney may also seek a civil penalty of up to twenty-five thousand dollars ($25,000). The civil penalty shall be assessed individually against each person who is determined to have violated this section, and the penalty shall be awarded to each individual who has been injured under this section, as determined by the court. In civil actions brought pursuant to this section, the court, in its discretion, may award the prevailing party reasonable attorney’s fees and costs, including expert witness fees.

7322.

(a)The California Detention Standards and Safety Working Group is established within the Office of the Inspector General for the purpose of ensuring health, public safety, and humane standards in all detention facilities.

(b)The office shall convene the working group no later than January 31, 2021.

(c)(1)The working group shall include, but is not limited to, representatives of all of the following:

(A)The State Department of Public Health.

(B)The State Department of Social Services.

(C)The Attorney General.

(D)Attorneys and advocates working directly with individuals in detention.

(2)The working group may also include representatives from any other relevant state agency.

(d)The working group shall provide recommendations to the Legislature with respect to ensuring health, public safety, and humane standards in all detention facilities in the California. The working group shall provide its recommendations to the Legislature no later than 60 days from the date that the working group is first convened.

(e)(1)The requirement for submitting a report imposed under subdivision (d) is inoperative on January 1, 2025, pursuant to Section 10231.5 of the Government Code.

(2)A report to be submitted pursuant to subdivision (d) shall be submitted in compliance with Section 9795 of the Government Code.

SEC. 3.

 The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.