Amended in Assembly June 30, 2016

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 begin delete Sections 1670.9 and 1670.91 end delete begin insert Section 1670.9 end insert 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 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.

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 require an immigration 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 immigration 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 who has been injured by a failure to comply with these provisions, or with 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 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.

(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).

begin insert

(c) 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.

end insert begin insert

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

end insert begin insert

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

end insert begin insert

(d) 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 immigrant 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.

end insert begin insert

(e) When an immigrant detainee is transferred, the immigration
detention facility operator shall do all of the following:

end insert begin insert

(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.

end insert begin insert

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

end insert begin insert

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

end insert begin insert

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

end insert begin insert

(f) 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.

end insert begin insert

(g) 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).

end insert begin insert

(h) 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 (c), (d), (e), or
(f), 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 following actions may be
taken:

end insert begin insert

(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 who has been injured under
this section.

end insert begin insert

(2) Any individual who has been injured by a failure to comply
with subdivisions (c), (d), (e), or (f), 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 relief.

end insert begin insert

(i) 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.

end insert begin insert

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

end insert begin insert

(k) For purposes of this section, the following definitions shall
apply:

end insert begin insert

(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:

end insert begin insert

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

end insert begin insert

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

end insert begin insert

(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.

end insert begin insert

(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.

end insert

begin delete

SEC. 3.  

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

1670.91.  

(a) 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.

(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 immigration detention facility operator, or agent of an
immigration detention facility, or person acting on behalf of an
immigration detention facility, violates subdivision (a), (h), (i), or
(j) 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 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 who has been injured under
this section.

(2) Any individual who has been injured by a failure to comply
with subdivisions (a), (h), (i), or (j) 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 relief.

(c) 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).

(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, “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:

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

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

(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.

(h) When an immigrant detainee is transferred, the immigration
detention facility operator 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.

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

(j) 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.

(k) 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.

end delete

begin delete SEC. 4. end delete

begin insert SEC. 3. end insert   

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.