BILL ANALYSIS                                                                                                                                                                                                    



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          SB 1289 (Lara) - Law enforcement:  immigration
          
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          |Version: April 11, 2016         |Policy Vote: JUD. 5 - 2         |
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          |Urgency: No                     |Mandate: No                     |
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          |Hearing Date: May 27, 2016      |Consultant: Jolie Onodera       |
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          Bill  
          Summary:  SB 1289 would prohibit local law enforcement agencies  
          and local governments from contracting with for-profit entities  
          to detain immigrants on behalf of federal immigration  
          authorities. This bill would authorize the Attorney General, a  
          district attorney or city attorney to bring a civil action for  
          injunctive and other appropriate equitable relief and seek a  
          civil penalty of $25,000, as specified, when an immigrant  
          detention facility deprives an immigrant detainee of his or her  
          rights, as specified.


          *********** ANALYSIS ADDENDUM - SUSPENSE FILE ***********
             The following information is revised to reflect amendments 
                      adopted by the committee on May 27, 2016




          Fiscal  
          Impact:  
            Attorney General (AG)  :  Potentially significant workload  
            increase (General Fund) should the AG choose to bring civil  







          SB 1289 (Lara)                                         Page 1 of  
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            actions for injunctive and other equitable relief, offset in  
            part by civil penalty revenues. To the extent the number and  
            complexity of cases brought forward is significant, costs  
            could rise into the hundreds of thousands of dollars annually.  
             
            Local prosecutors  :  Potentially significant non-reimbursable  
            local costs (Local Funds) to bring civil actions for  
            injunctive and other equitable relief, offset in part by civil  
            penalty revenues.
            Local governments/agencies  :  Potentially significant loss of  
            future revenue (Local Funds) due to the inability to contract  
            with for-profit entities for immigrant detention services. To  
            the extent a local law enforcement agency opts to detain  
            immigrants in its facilities through a direct contract with  
            the federal government, the agency could incur potentially  
            significant non-reimbursable costs (Local Funds) to ensure  
            immigrant detainee rights as prescribed are met.
            Private contractors/vendors  :  Unknown, potentially major costs  
            (private funds) to adhere to the specified standards and  
            processes for detainee transfers and rights to counsel,  
            translators, interpreters, and medical care as outlined in the  
            bill.  


          Author  
          Amendments:  
           Provide that transgender and gender non-conforming immigration  
            detainees shall be given the option to choose a housing  
            placement consistent with their gender identity.
           Make other technical and clarifying changes.


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