Today's Law As Amended

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AB-32 Detention facilities: private, for-profit administration services.(2019-2020)



SECTION 1.

 Section 5003.1 is added to the Penal Code, to read:

5003.1.
 (a) On or after January 1, 2020, the department shall not enter into a contract with a private, for-profit prison facility located in or outside of the state to provide housing for state prison inmates.
(b) On or after January 1, 2020, the department shall not renew an existing contract with a private, for-profit prison facility located in or outside of the state to incarcerate state prison inmates.
(c) After January 1, 2028, a state prison inmate or other person under the jurisdiction of the department shall not be incarcerated in a private, for-profit prison facility.
(d) As used in this section, “private, for-profit prison facility” does not include a facility that is privately owned, but is leased and operated by the department.

SEC. 2.

 Title 9.5 (commencing with Section 9500) is added to Part 3 of the Penal Code, to read:

TITLE 9.5. PRIVATELY OWNED AND OPERATED DETENTION FACILITIES

9500.
 As used in this title, the following terms have the following meanings:
(a) “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.
(b) “Private detention facility” means a detention facility that is owned and operated by a private, nongovernmental, for-profit entity, and operating pursuant to a contract or agreement with a governmental entity.
9501.
 Except as otherwise provided in this title, a person shall not operate a private detention facility within the state.
9502.
 Section 9501 shall 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, 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.
9503.
 Section 9501 does not apply to any privately owned property or facility that is leased and operated by the Department of Corrections and Rehabilitation or a county sheriff or other law enforcement agency.
9505.
 Section 9501 shall not apply to any private detention facility that is operating pursuant to a valid contract with a governmental entity that was in effect before January 1, 2020, for the duration of that contract, not to include any extensions made to or authorized by that contract.
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.