Amended in Assembly August 19, 2016

Amended in Assembly June 30, 2016

Amended in Senate May 31, 2016

Amended in Senate April 11, 2016

Senate BillNo. 1289


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, 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 billbegin delete wouldend deletebegin insert would, commencing on January 1, 2018,end insert 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.

begin insert

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.

end insert
begin insert

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.

end insert

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 wouldbegin delete requireend deletebegin insert prohibitend insert an immigration detention facilitybegin delete to ensure appropriate medical treatment when a detainee is transferred and prohibit involuntary placement ofend deletebegin insert from involuntarily placingend insert a detainee in segregated housing because of his or her actual or perceived gender, gender identity, gender expression, or sexual orientation.begin delete 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.end delete

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.begin delete 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.end delete

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:

P3    1

SECTION 1.  

The Legislature finds and declares the following:

2(a) In keeping with its obligation to safeguard the humane and
3just treatment of all individuals located in California, it is the intent
4of the Legislature that this bill declare the state’s intolerance to
5profiting from the incarceration of Californians held in immigration
6detention and its desire to ensure the just and humane treatment
7of our most vulnerable populations.

8(b) It is the further intent of the Legislature to ensure the uniform
9treatment of individuals detained within immigration detention
10facilities, operating in California, in a manner that meets or exceeds
11the federal national standards and other applicable legal
12requirements.

13

SEC. 2.  

Section 1670.9 is added to the Civil Code, to read:

14

1670.9.  

(a) A city, county, city and county, or a local law
15enforcement agency shall not enter into or renew a contract, or
16modify a contract to extend the length of the contract, with a private
17corporation, contractor, or vendor to detain immigrants in civil
18immigration proceedings for profit.begin insert This subdivision shall become
19operative on January 1, 2018.end insert

19 20(b) If a city, county, city and county, or a local law enforcement
21agency chooses to enter into a contract, renews a contract, or
22modifies a contract to extend the length of the contract, to detain
23immigrants in civil immigration proceedings, it shall detain
24immigrants only pursuant to a contract that requires the
25immigration detention facility operator to adhere to the standards
26for detaining those individuals described in the 2011 Operations
27Manual ICE Performance-Based National Detention Standards as
28corrected and clarified in February 2013 and ICE Directive 11065.1
29(Review of the Use of Segregation for ICE Detainees).

begin insert

30
(c) Any facility that detains an immigrant pursuant to a contract
31with a city, county, city and county, or a local law enforcement
P4    1agency is subject to the California Public Records Act (Chapter
23.5 (commencing with Section 6250) of Division 7 of Title 1 of the
3Government Code).

end insert
begin delete

29 4(c)

end delete

5begin insert(d)end insert An immigration detention facility operator, an agent of an
6immigration detention facility, or a person acting on behalf of an
7immigration detention facility, shall not deprive any immigrant
8detainee in civil immigration proceedings access to an attorney or
9any other person authorized by the Board of Immigration Appeals
10under Section 292.2 of Title 8 of the Code of Federal Regulations,
11access to a translator or interpretation services, medical care,
12freedom from harm or harassment, or privacy.

begin delete

13(1) Medical care includes, but is not limited to, HIV medication
14and transition-related health care.

15(2) Medical care shall not be denied or delayed on the basis that
16the immigrant is likely to be released or deported.

17(d) An immigration detention facility shall have a Legal
18Orientation Program (as established by the Executive Office for
19Immigration Review of the United States Department of Justice)
20or similar program to provide comprehensive explanations about
21immigration court procedure, along with other basic legal
22information, to unrepresented immigrant detainees. The program
23shall include an orientation on immigration removal proceedings
24and forms of relief, distribute self-help materials, provide private,
25 individual consultations with unrepresented detainees to discuss
26their cases, and referrals to pro bono legal services.

27(e) When an immigrant detainee is transferred, the immigration
28detention facility operator shall do all of the following:

29(1) Ensure that all medical records of the detainee are promptly
30transferred to ICE at the time of transfer, or promptly provided to
31the facility to which the detainee is transferred.

32(2) Ensure that all detainees receive all medications needed
33while in transit.

34(3) Ensure that a detainee’s treatment plan is received by the
35medical personnel at the facility to which the detainee is being
36transferred.

37(4) Ensure that there is no delay, disruption, or denial of medical
38treatment after or before detainee transfer.

25 39(f)

end delete

P5    1begin insert(e)end insert An immigrant detainee shall not be involuntarily placed in
2segregated housing in an immigration detention facility because
3of his or her actual or perceived gender, gender identity, gender
4expression, or sexual orientation, as defined in Section 422.56 of
5the Penal Code. Transgender and gender nonconforming immigrant
6detainees shall be given the option to choose a housing placement
7consistent with their gender identity.

begin delete

8(g)

end delete

9begin insert(f)end insert Nothing in this section shall prohibit an immigration
10detention facility operator from exceeding the 2011 Operations
11Manual ICE Performance-Based National Detention Standards as
12corrected and clarified in February 2013 or ICE Directive 11065.1
13(Review of the Use of Segregation for ICE Detainees).

begin delete

37 14(h)

end delete

15begin insert(g)end insert If an immigration detention facility operator, or agent of an
16immigration detention facility, or person acting on behalf of an
17immigration detention facility, violates subdivisionbegin delete (c), (d), (e),
18or (f),end delete
begin insert (d) or (e),end insert or the 2011 Operations Manual ICE
19Performance-Based National Detention Standards as corrected and
20clarified in February 2013, or ICE Directive 11065.1 (Review of
21Use of Segregation for ICE Detainees),begin delete the following actions may
22be taken:end delete

23begin delete(1)end deletebegin deleteend deletebegin deleteTheend deletebegin insert theend insert Attorney General, or any district attorney or city
24attorney, may bring a civil action for injunctive and other
25appropriate equitable relief in the name of the people of the State
26of California. An action brought by the Attorney General, any
27district attorney, or any city attorney may also seek a civil penalty
28of twenty-five thousand dollars ($25,000). If this civil penalty is
29requested, it shall be assessed individually against each person
30who is determined to have violated this section, and the penalty
31shall be awarded to each individual who has been injured under
32this section.

begin delete

33(2) Any individual who has been injured by a failure to comply
34with subdivisions (c), (d), (e), or (f), may bring a civil action for
35damages, including, but not limited to, damages under Section 52,
36injunctive relief, and other appropriate equitable relief, including
37appropriate equitable and declaratory relief.

end delete
begin delete

38(i) An action brought pursuant to this section is independent of
39any other action, remedy, or procedure that may be available to
40an individual under any other provision of law.

end delete
begin delete

P6    1(j) In addition to any damages, injunction, or other equitable
2relief awarded in an action brought pursuant to subdivision (h),
3the court may award the petitioner or plaintiff reasonable attorney’s
4fees and costs.

end delete
begin delete

27 5(k)

end delete

6begin insert(h)end insert For purposes of this section, the following definitions shall
7apply:

8(1) “Immigration detention facility” means a facility where
9immigrants are detained for civil immigration proceedings pursuant
10to an agreement between a city, county, or city and county, or a
11law enforcement agency and either of the following:

12(A) Thebegin insert United Statesend insert Department of Homeland Security or
13other federal agency.

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

15(2) “Immigration detention facility operator” means an
16individual, firm, corporation, association, partnership, joint venture,
17commercial entity, municipality, commission, or political division
18of the State of California that operates or owns an immigration
19detention facility.

20(3) “Segregated housing” means administrative segregation or
21disciplinary segregation, as defined in the 2011 Operations Manual
22ICE Performance-Based National Detention Standards as corrected
23and clarified in February 2013, or any other act resulting in an
24individual being segregated from the general population through
25prolonged physical or social isolation for hours, days, weeks, or
26years.

27

SEC. 3.  

The provisions of this act are severable. If any
28provision of this act or its application is held invalid, that invalidity
29shall not affect other provisions or applications that can be given
30effect without the invalid provision or application.



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