Planning and zoning: detention facilities., the official text

An act to add Section 65850.05 to the Government Code, relating to land use.

LEGISLATIVE COUNSEL'S DIGEST

Existing law authorizes the legislative body of any county or city to adopt ordinances that, among other things, regulate the use of buildings, structures, and land as between industry, business, residences, open space, including agriculture, recreation, enjoyment of scenic beauty, use of natural resources, and other purposes.
This bill would prohibit a city or county from approving new land uses in a manner that authorize construction of a detention facility or changes of use that permit use of an existing building as a detention facility, as defined for purposes of these provisions. By adding to the duties of local officials, this bill would impose a state-mandated local program.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

The people of the State of California do enact as follows:

SECTION 1.
Section 65850.05 is added to the Government Code, to read:
65850.05.
(a) For purposes of this section, “detention facility” means any structure, whether temporary or permanent, operated by a private entity on behalf of a governmental entity for the temporary holding of persons charged with a criminal offense or detained for civil or administrative purposes.
(b) Notwithstanding any other law, a city or county shall not approve either of the following:
(1) A new land use in a manner that authorizes construction of a detention facility.
(2) A change of use that permits use of an existing building as a detention facility.

SEC. 2.
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.

SEC. 3.
The Legislature finds and declares that protecting California residents from the negative impacts of private detention centers is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act adding Section 65850.05 to the Government Code applies to all cities, including charter cities.

SEC. 4.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.