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AB-263 Private detention facilities.(2021-2022)

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Date Published: 09/03/2021 02:00 PM

Enrolled  September 03, 2021
Passed  IN  Senate  August 30, 2021
Passed  IN  Assembly  September 01, 2021
Amended  IN  Senate  August 18, 2021
Amended  IN  Assembly  April 15, 2021
Amended  IN  Assembly  March 17, 2021


Assembly Bill
No. 263

Introduced by Assembly Member Arambula
(Principal coauthor: Senator Durazo)
(Coauthors: Assembly Members Waldron and Santiago)
(Coauthor: Senator Gonzalez)

January 15, 2021

An act to add Section 7321 to the Government Code, relating to private detention facilities, and declaring the urgency thereof, to take effect immediately.


AB 263, Arambula. Private detention facilities.
Existing law requires the operator of a private detention facility, as defined, to comply with, and adhere to, the detention standards of care and confinement agreed upon in the facility’s contract for operations, as specified.
This bill would require a private detention facility operator to comply with, and adhere to, all local and state public health orders and occupational safety and health regulations. The bill would state that its provisions are declaratory of existing law.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


 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 detention facility operators within the State of California respect and adhere to public health orders and occupational safety and health regulations, thus ensuring the welfare of those individuals detained or working in these facilities and protecting public health with respect to the threat posed by the coronavirus disease 2019 (COVID-19).

SEC. 2.

 Section 7321 is added to the Government Code, to read:

 (a) A private detention facility operator shall comply with, and adhere to, all local and state public health orders and occupational safety and health regulations.
(b) As used in this section, “private detention facility operator” and “private detention facility” have the same meaning as in Section 7320.
(c) This section shall not be construed to limit or otherwise modify the authority, powers, or duties of state or local public health officers or other officials with regard to state prisons, county jails, or other state or local correctional facilities.
(d) This section is declaratory of existing law.

SEC. 3.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to protect the health of individuals detained or working in private detention facilities, which are environments shown to be dangerous for the transmission of COVID-19, it is necessary for this act to take effect immediately.