Bill Text: CA SB1289 | 2015-2016 | Regular Session | Enrolled
Bill Title: Law enforcement: immigration.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2016-11-30 - Last day to consider Governor's veto pursuant to Joint Rule 58.5. [SB1289 Detail]
Download: California-2015-SB1289-Enrolled.html
BILL NUMBER: SB 1289 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 30, 2016
PASSED THE ASSEMBLY AUGUST 23, 2016
AMENDED IN ASSEMBLY AUGUST 19, 2016
AMENDED IN ASSEMBLY JUNE 30, 2016
AMENDED IN SENATE MAY 31, 2016
AMENDED IN SENATE APRIL 11, 2016
INTRODUCED BY Senator Lara
FEBRUARY 19, 2016
An act to add Section 1670.9 to the Civil Code, relating to
immigration.
LEGISLATIVE COUNSEL'S DIGEST
SB 1289, Lara. Law enforcement: immigration.
Existing law generally regulates formation and enforcement of
contracts, including what constitutes an unlawful contract. Under
existing law, a contract is unlawful if it is contrary to an express
provision of law, contrary to the policy of express law, though not
expressly prohibited, or otherwise contrary to good morals.
Existing law authorizes a county board of supervisors on behalf of
its sheriff, and a legislative body of a city on behalf of its chief
of police, to contract to provide supplemental law enforcement
services to private individuals, private entities, and private
corporations in specified circumstances and subject to certain
conditions.
This bill would, commencing on January 1, 2018, prohibit a city,
county, or a city and county, or a local law enforcement agency from
entering into or renewing a contract, or modifying a contract to
extend the length of the contract, with a private corporation,
contractor, or vendor to detain immigrants in civil immigration
proceedings for profit.
Existing law requires the Board of State and Community Corrections
to establish minimum standards for local correctional facilities, as
specified.
This bill would require a city, county, or city and county, or a
local law enforcement agency that chooses to enter into a contract to
detain immigrants in civil immigration proceedings to detain
immigrants only pursuant to a contract that requires the immigration
detention facility operator to adhere to specified standards.
The California Public Records Act requires state and local
agencies to make their records available for public inspection and to
make copies available upon request and payment of a fee unless the
records are exempt from disclosure.
This bill would specify that any facility that detains an
immigrant pursuant to a contract with a city, county, city and
county, or a local law enforcement agency is subject to the
California Public Records Act.
Existing law, the Unruh Civil Rights Act, provides that all
persons within the jurisdiction of California are free and equal no
matter their national origin, citizenship, or immigration status and
are entitled to full and equal accommodations, facilities, and
privileges in all business establishments of every kind. Persons
denied their rights under this act may obtain specified remedies,
including treble damages.
This bill would provide that an immigration detention facility
operator, as defined, an agent thereof, or a person acting on its
behalf, shall not deprive an immigrant detainee in civil immigration
proceedings of specified rights, including access to an attorney or
other authorized person, medical care, freedom from harm or
harassment, or privacy. The bill would prohibit an immigration
detention facility from involuntarily placing a detainee in
segregated housing because of his or her actual or perceived gender,
gender identity, gender expression, or sexual orientation.
This bill would authorize the Attorney General or any district
attorney or city attorney to bring a civil action against an
immigration detention facility, an agent thereof, or a person acting
on its behalf that violates a detainee's rights, as specified.
The bill would provide that its provisions are severable.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares the following:
(a) In keeping with its obligation to safeguard the humane and
just treatment of all individuals located in California, it is the
intent of the Legislature that this bill declare the state's
intolerance to profiting from the incarceration of Californians held
in immigration detention and its desire to ensure the just and humane
treatment of our most vulnerable populations.
(b) It is the further intent of the Legislature to ensure the
uniform treatment of individuals detained within immigration
detention facilities, operating in California, in a manner that meets
or exceeds the federal national standards and other applicable legal
requirements.
SEC. 2. Section 1670.9 is added to the Civil Code, to read:
1670.9. (a) A city, county, city and county, or a local law
enforcement agency shall not enter into or renew a contract, or
modify a contract to extend the length of the contract, with a
private corporation, contractor, or vendor to detain immigrants in
civil immigration proceedings for profit. This subdivision shall
become operative on January 1, 2018.
(b) If a city, county, city and county, or a local law enforcement
agency chooses to enter into a contract, renews a contract, or
modifies a contract to extend the length of the contract, to detain
immigrants in civil immigration proceedings, it shall detain
immigrants only pursuant to a contract that requires the immigration
detention facility operator to adhere to the standards for detaining
those individuals described in the 2011 Operations Manual ICE
Performance-Based National Detention Standards as corrected and
clarified in February 2013 and ICE Directive 11065.1 (Review of the
Use of Segregation for ICE Detainees).
(c) Any facility that detains an immigrant pursuant to a contract
with a city, county, city and county, or a local law enforcement
agency is subject to the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1 of the
Government Code).
(d) An immigration detention facility operator, an agent of an
immigration detention facility, or a person acting on behalf of an
immigration detention facility, shall not deprive any immigrant
detainee in civil immigration proceedings access to an attorney or
any other person authorized by the Board of Immigration Appeals under
Section 292.2 of Title 8 of the Code of Federal Regulations, access
to a translator or interpretation services, medical care, freedom
from harm or harassment, or privacy.
(e) An immigrant detainee shall not be involuntarily placed in
segregated housing in an immigration detention facility because of
his or her actual or perceived gender, gender identity, gender
expression, or sexual orientation, as defined in Section 422.56 of
the Penal Code. Transgender and gender nonconforming immigrant
detainees shall be given the option to choose a housing placement
consistent with their gender identity.
(f) Nothing in this section shall prohibit an immigration
detention facility operator from exceeding the 2011 Operations Manual
ICE Performance-Based National Detention Standards as corrected and
clarified in February 2013 or ICE Directive 11065.1 (Review of the
Use of Segregation for ICE Detainees).
(g) If an immigration detention facility operator, or agent of an
immigration detention facility, or person acting on behalf of an
immigration detention facility, violates subdivision (d) or (e), or
the 2011 Operations Manual ICE Performance-Based National Detention
Standards as corrected and clarified in February 2013, or ICE
Directive 11065.1 (Review of Use of Segregation for ICE Detainees),
the Attorney General, or any district attorney or city attorney, may
bring a civil action for injunctive and other appropriate equitable
relief in the name of the people of the State of California. An
action brought by the Attorney General, any district attorney, or any
city attorney may also seek a civil penalty of twenty-five thousand
dollars ($25,000). If this civil penalty is requested, it 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.
(h) For purposes of this section, the following definitions shall
apply:
(1) "Immigration detention facility" means a facility where
immigrants are detained for civil immigration proceedings pursuant to
an agreement between a city, county, or city and county, or a law
enforcement agency and either of the following:
(A) The United States Department of Homeland Security or other
federal agency.
(B) A private corporation, contractor, or private vendor.
(2) "Immigration detention facility operator" means an individual,
firm, corporation, association, partnership, joint venture,
commercial entity, municipality, commission, or political division of
the State of California that operates or owns an immigration
detention facility.
(3) "Segregated housing" means administrative segregation or
disciplinary segregation, as defined in the 2011 Operations Manual
ICE Performance-Based National Detention Standards as corrected and
clarified in February 2013, or any other act resulting in an
individual being segregated from the general population through
prolonged physical or social isolation for hours, days, weeks, or
years.
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.
