Bill Text: CA SB622 | 2019-2020 | Regular Session | Amended

California Senate Bill 622 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Civil detention facilities: state investigation.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Vetoed) 2020-01-13 - Veto sustained. [SB622 Detail]

Download: California-2019-SB622-Amended.html

Amended IN Senate May 17, 2019

Amended IN Senate April 10, 2019

Amended IN Senate March 27, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill

No. 622

Introduced by Senator Durazo

February 22, 2019

An act to add Part 3 (commencing with Section 87) to Division 1 of the Civil Code, relating to civil detention facilities.

LEGISLATIVE COUNSEL'S DIGEST

SB 622, as amended, Durazo. Civil detention ~~facilities.~~ facilities: state investigation.

Existing law prohibits a city, county, city and county, or a local law enforcement agency from entering into a contract with the federal government, any federal agency, or a private corporation to house or detain in a locked detention facility noncitizens for purposes of civil immigration custody, as specified. Existing law prohibits a city, county, city and county, or a public agency from approving or signing a deed, instrument, or other document related to a conveyance of land or issuing a permit for the building or reuse of existing buildings by a private corporation, contractor, or vendor to house or detain noncitizens for the purposes of civil immigration proceedings unless the city, county, city and county, or public agency has provided specified notice to the public and solicited and heard public comments regarding the action.

This bill would require the custodian of ~~the~~ a civil detention ~~facility~~ facility, as defined, in which a death has occurred to notify ~~the Attorney General, the Department of Justice, and~~ the Bureau of Investigation within the Department of Justice immediately, but in any case, no longer than 2 hours after the individual is pronounced dead. The bill would require the Department of Justice to assume jurisdiction over the investigation of the ~~death and, in coordination with~~ death. The bill would require the Bureau of ~~Investigation,~~ Investigation to immediately open an investigation into the cause and circumstances of the death, including an examination and determination of whether the entity that was responsible for the civil detention of the individual was in compliance with all applicable standards and contractual obligations governing the ~~individuals’~~ individual’s civil detention. The bill would require any entity that is responsible for a facility in which the death of an individual who is was in civil detention has occurred to allow ~~the Department of Justice and~~ the Bureau of Investigation immediate access to the ~~facility in~~ premises upon which the individual was held.

This bill would specify that ~~the department and~~ the bureau shall have, in addition to any other access and investigative powers afforded to ~~them~~ it by any other law, additional authority in connection with an investigation of death or significant threat to the life or safety of an individual who is or was in civil detention in this state including reasonable, unaccompanied access to the facility in order to, among other things, inspect, view, and photograph all areas that are used by, or are accessible to, detainees in ~~a facility where any individual is in civil detention~~ Justice to make that response publicly available. The bill would also specify that all records relating to the investigation of the death or significant threat to the life or safety of an individual who is or was in civil detention shall be subject to the California Public Records Act. Because the bill would impose additional requirements on local public agencies, it would impose a state-mandated local program.

The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would make legislative findings to that effect.

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 with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES

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

SECTION 1.

Part 3 (commencing with Section 87) is added to Division 1 of the Civil Code, to read:

PART 3. Civil Detention

87.

~~(a)~~The Legislature finds and declares, in keeping with its obligation to safeguard the humane and just treatment of all individuals located in California and its traditional police powers, that it is the intent of the Legislature that this measure ensure a prompt, thorough, and transparent investigation of the death or significant threat to the life or safety of an individual who is in civil detention in this state.

~~(b)~~

88.

(a) In the event of the death of any individual who is in civil detention within this state all of the following shall apply:

(1) The custodian of the civil detention facility shall notify ~~the Attorney General, the Department of Justice, and~~ the Bureau of Investigation within the Department of Justice immediately, but in any case, no longer than two hours after the individual is pronounced dead.

(2) The Department of Justice shall assume jurisdiction over the investigation of the ~~death and, in coordination with the Bureau of Investigation,~~ death. The Bureau of Investigation shall immediately open an investigation into the cause and circumstances of the death.

(3) Any entity that is responsible for a facility in which the death of an individual who was in civil detention has occurred shall allow ~~the Department of Justice and~~ the Bureau of Investigation immediate access to the premises upon which the individual was held.

(4) The investigation shall examine and determine the cause and manner of the individual’s death and whether the entity that was responsible for the facility was in compliance with all applicable standards and contractual obligations governing the individual’s civil detention.

~~(c)~~

(b) (1) Within 30 days after the individual’s death, the Bureau of Investigation shall submit a preliminary report on the findings of its investigation to the Department of Justice.

(2) Within 90 days after the individual’s death, the Department of Justice shall make a public report setting forth any conclusions regarding the cause and manner of the individual’s death and any findings regarding compliance with all applicable standards and contractual obligations governing the individual’s civil detention by the entity that was responsible for the civil detention of the individual.

(3) Within 30 days after the Department of Justice makes its public report, the entity that was responsible for the civil detention of the individual shall submit a formal response to the Department of ~~Justice, which shall also be made~~ Justice. The Department of Justice shall make that response publicly available.

(d)All records relating to the investigation of the death or significant threat to the life or safety of an individual who is in civil detention shall be subject to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).

88.89.

(a) In addition to any other access and investigative powers afforded to the ~~Department of Justice and the~~ Bureau of Investigation by any other law, the ~~department and the~~ bureau shall have all of the following authority in connection with an investigation of a death or significant threat to the life or safety of an individual who is or was in civil detention in this state:

(1) Reasonable, unaccompanied access to the facility within which the incident is reported to have occurred, in order to, among other things, inspect, view, and photograph all areas that are used by, or are accessible to, detainees in ~~a facility where any individual is in civil detention.~~ the facility.

(2) Access to, so as to be able to examine, all relevant records within the control of an entity that is responsible for the civil detention of any individual at all times as are necessary to investigate the incident.

(3) Access to, so as to be able to interview, any employee, detainee, or other individual who may have knowledge of the incident.

(4) Authority to pursue administrative, legal, and other appropriate remedies or approaches to ensure the protection of the rights of individuals who are or were in civil detention in this state.

(b) For purposes of this section, “reasonable, unaccompanied access” means access that permits ~~the department or~~ the bureau, without undue interference, to monitor, inspect, and observe conditions in the civil detention facility, to meet and communicate with facility employees and detainees privately and confidentially on a regular basis, formally or informally, by telephone, ~~U.S.~~ United States mail, electronic mail, and in person, and to review records privately and confidentially, in a manner that minimizes interference with the activities of the facility, that respects privacy interests and honors an individual’s request to terminate an interview, and that does not jeopardize the physical health or safety of facility employees or detainees.

90.
All records relating to the investigation of the death or significant threat to the life or safety of an individual who is or was in civil detention shall be subject to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).
91.
For purposes of this part, “civil detention facility” or “facility” means a county, local, or private locked detention facility in which noncitizens are being housed or detained for purposes of civil immigration proceedings in California, including any county, local, or private locked detention facility in which an accompanied or unaccompanied minor is housed or detained on behalf of, or pursuant to a contract with, the federal Office of Refugee Resettlement or United States Immigration and Customs Enforcement.

SEC. 2.

The Legislature finds and declares that Section 1 of this act, which adds Section 1670.91 of the Civil Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:

Because the people of the state have an obligation to safeguard the humane and just treatment of all individuals located in California, records concerning the prompt, thorough, and transparent investigation of the death or significant threat to the life or safety of an individual who is in civil detention in this state should be made open to public inspection.

SEC. 3.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would result ~~either~~ from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.

However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.