BILL ANALYSIS Ó
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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