Anna Caballero

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 as a state or local entity that licenses, certifies, designates, or approves the operation of, and regulates, an above-described facility under state or local law, to conduct regular inspections of facilities within its jurisdiction and would authorize an agency to conduct additional inspections as necessary. The bill would require an operator to furnish specified information to the agency when requested, to preserve specified documents related to the above-described compliance requirements, and to report unusual occurrences and other significant health or safety incidents to the agency within 24 hours of the incident. The bill would authorize an agency to require a facility to take specified actions to correct noncompliance with the above-described requirements, and would require a facility operator to submit a corrective action plan to the agency and to comply with the plan. By imposing additional duties on local entities, the bill would impose a state-mandated local program.

 This bill would authorize an agency to enforce the above-described requirements on a facility that is already licensed, certified, designated, or approved under state law or local ordinance using its existing authority, and would authorize the department to enforce those requirements on a facility required to register as described above by taking specified actions, including, issuing a cease and desist order, imposing civil penalties, or, for repeated, material, or uncured violations, suspending the facility's registration. The bill would require the department or enforcing agency to provide the facility notice and an opportunity to be heard before imposing any penalty for a violation of the above-described requirements.

This bill would prohibit an operator from retaliating against any person who reports or participates in an investigation or proceeding concerning a violation of the act or any health or safety standard. The bill would make the provisions of the act severable. The bill would make related findings and declarations.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.