Amended in Senate May 31, 2016

Amended in Senate April 11, 2016

Senate Bill No. 1289

Introduced by Senator Lara

February 19, 2016

An act to add Sections 1670.9 and 1670.91 to the Civil Code, relating to immigration.

LEGISLATIVE COUNSEL’S DIGEST

SB 1289, as amended, 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 prohibit begin delete the board of supervisors of end delete a begin insert city, end insert county, or begin delete a legislative body of a city or end delete a city and county, or a local law enforcement begin delete entity end delete begin insert agency end insert 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 begin delete for profit, on behalf of the United States Department of Homeland Security, the United States Marshals Service, or the federal Office of Refugee Resettlement. end delete begin insert in civil immigration proceedings for profit. end insert

Existing law requires the Board of State and Community Corrections to establish minimum standards for local correctional facilities, as specified.

This bill would require begin delete an immigrant detention facility that end delete begin insert a city, county, or city and county, or a local law enforcement agency that end insert chooses to enter into a contract to detain immigrants in civil immigration proceedings to detain immigrants only pursuant to a contract that requires the begin delete entity contracting with the Department of Homeland Security or other federal agency end delete begin insert immigration detention facility operator end insert to adhere to specified standards.

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 begin delete immigrant end delete begin insert immigration end insert detention begin delete facility, end delete begin insert facility operator, end insert as defined, an agent thereof, or a person acting on its behalf, shall not deprive an immigrant begin insert detainee in civil immigration proceedings end insert of specified rights, including access to an attorney or other authorized person, medical care, freedom from harm or harassment, or privacy. The bill would require an begin delete immigrant end delete begin insert immigration end insert detention facility to ensure appropriate medical treatment when a detainee is transferred and prohibit involuntary placement of a detainee in segregated housing because of his or her actual or perceived gender, gender identity, gender expression, or sexual orientation. The bill would also require an immigration detention facility to have a Legal Orientation Program, as specified, or other similar program to provide comprehensive explanations about immigration court procedure and other legal information to unrepresented immigration detainees.

This bill would authorize the Attorney General or any district attorney or city attorney to bring a civil action against an begin delete immigrant end delete begin insert immigration end insert detention facility, an agent thereof, or a person acting on its behalf that violates a detainee’s rights, as specified. The bill would also authorize a person begin delete whose rights have been violated, as described above, or under end delete begin insert who has been injured by a failure to comply with these provisions, or with end insert the Unruh Civil Rights Act, to bring a civil action for damages, injunctive relief, and other equitable relief.

The bill would provide that its provisions are severable.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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 begin delete human end delete begin insert humane end insert
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)  begin delete The board of supervisors of a county, or a
legislative body of a city or of a end delete begin insert A city, county, end insert city and county,
or a local law enforcement begin delete entity end delete begin insert agency end insert 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 begin delete for profit, on behalf of the United States Department
of Homeland Security, the United States Marshals Service, or the
federal Office of Refugee Resettlement. end delete begin insert in civil immigration
proceedings for profit. end insert

(b) If begin delete an immigrant detention facility end delete begin insert a city, county, city and
county, or a local law enforcement agency end insert chooses to enter into a
begin delete contract end delete begin insert contract, renews a contract, or modifies a contract to
extend the length of the contract, end insert to detain immigrants in civil
immigration proceedings, it shall detain immigrants only pursuant
to a contract that requires begin delete the entity contracting with the
Department of Homeland Security or other federal agency to end delete begin insert the
immigration detention facility operator to end insert 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).

SEC. 3.  

Section 1670.91 is added to the Civil Code, to read:

1670.91.  

(a) An begin delete immigrant end delete begin insert immigration end insert detention begin delete facility, end delete
begin insert facility operator, end insert an agent of an begin delete immigrant end delete begin insert immigration end insert detention
facility, or a person acting on behalf of an begin delete immigrant end delete begin insert immigration end insert
detention facility, shall not deprive any immigrant detainee begin delete on
behalf of the Department of Homeland Security end delete begin insert in civil
immigration proceedings end insert 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.

(1) Medical care includes, but is not limited to, HIV medication
and transition-related health care.

(2) Medical care shall not be denied or delayed on the basis that
the immigrant is likely to be released or deported.

(b) If an begin delete immigrant end delete begin insert immigration end insert detention begin delete facility, end delete begin insert facility
operator, end insert or agent of an begin delete immigrant end delete begin insert immigration end insert detention facility,
or person acting on behalf of an begin delete immigrant end delete begin insert immigration end insert detention
facility, begin delete deprives any immigrant detainee of his or her rights as
described in end delete begin insert violates end insert subdivision (a), begin delete (g), (h), or (i), end delete begin insert (h), (i), or (j) end insert
or begin delete rights under end delete 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 following actions may
be taken:

(1) 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 begin delete whose rights end delete begin insert who has been
injured end insert under this begin delete section are determined to have been violated. end delete

begin insert section. end insert

(2) Any individual who has been begin delete deprived of his or her rights end delete
begin insert injured by a failure to comply with subdivisions (a), (h), (i), or (j) end insert
may bring a civil action for damages, including, but not limited
to, damages under Section 52, injunctive relief, and other
appropriate equitable relief, including appropriate equitable and
declaratory begin delete relief, for failure to comply with subdivision (a), (g),
(h), or (i). end delete begin insert relief. end insert

(c) Nothing in this section shall prohibit an begin delete immigrant end delete
begin insert immigration end insert detention facility begin insert operator end insert from begin delete providing more rights
than are required under end delete begin insert exceeding end insert 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).

(d) An action brought pursuant to this section is independent of
any other action, remedy, or procedure that may be available to
an individual under any other provision of law.

(e) In addition to any damages, injunction, or other equitable
relief awarded in an action brought pursuant to subdivision (b),
the court may award the petitioner or plaintiff reasonable attorney’s
fees and costs.

(f) For purposes of this section, begin delete “immigrant end delete begin insert “immigration end insert
detention facility” means a facility begin delete that chooses to enter into a
contract to detain immigrants end delete begin insert where immigrants are detained end insert for
civil immigration begin delete proceedings. end delete begin insert proceedings pursuant to an
agreement between a city, county, or city and county, or a law
enforcement agency and either of the following: end insert

begin insert

(1) The Department of Homeland Security or other federal
agency.

end insert begin insert

(2) A private corporation, contractor, or private vendor.

end insert begin insert

(g) For purposes of this section “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.

end insert begin delete

(g)

end delete

begin insert (h) end insert  When an immigrant detainee is transferred, the begin delete immigrant end delete
begin insert immigration end insert detention facility begin insert operator end insert shall do all of the
following:

(1) Ensure that all medical records of the detainee are promptly
transferred to ICE at the time of transfer, or promptly provided to
the facility to which the detainee is transferred.

(2) Ensure that all detainees receive all medications needed
while in transit.

(3) Ensure that a detainee’s treatment plan is received by the
medical personnel at the facility to which the detainee is being
transferred.

(4) Ensure that there is no delay, disruption, or denial of medical
treatment after or before detainee transfer.

begin delete

(h)

end delete

begin insert (i) end insert  An immigration 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. begin insert Transgender and gender non-conforming
immigration detainees shall be give the option to choose a housing
placement consistent with their gender identity. end insert

begin delete

(i)

end delete

begin insert (j) end insert  An immigration detention facility shall have a Legal
Orientation Program (as established by the Executive Office for
Immigration Review of the United States Department of Justice)
or similar program to provide comprehensive explanations about
immigration court procedure, along with other basic legal
information, to unrepresented immigration detainees. The program
shall include an orientation on immigration removal proceedings
and forms of relief, distribute self-help materials, provide private,
individual consultations with unrepresented detainees to discuss
their cases, and referrals to pro bono legal services.

begin delete

(j)

end delete

begin insert (k) end insert  For purposes of this section, “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. 4.  

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.