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AB-3228 Private detention facilities.(2019-2020)

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Date Published: 09/29/2020 10:00 AM
AB3228:v93#DOCUMENT

Assembly Bill No. 3228
CHAPTER 190

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.

[ Approved by Governor  September 27, 2020. Filed with Secretary of State  September 27, 2020. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 3228, 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 who has been injured by that tortious action to bring a civil cause of action for relief. The bill would also allow the court to award a prevailing plaintiff reasonable attorney’s fees and costs.
The bill would state that its provisions are severable.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 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.

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 who has been injured by that tortious action may bring a civil action for relief. In civil actions brought pursuant to this section, the court, in its discretion, may award the prevailing plaintiff reasonable attorney’s fees and costs, including expert witness fees.

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.