Locked detention facilities: civil immigration: reviews., the official text

An act to amend Section 12532 of the Government Code, relating to state government.

LEGISLATIVE COUNSEL'S DIGEST

Existing law requires, until July 1, 2027, the Attorney General, or their designee, to engage in reviews of county, local, or private locked detention facilities in which noncitizens are being housed or detained for purposes of civil immigration proceedings in California, and, on or before March 1, 2019, to conduct a review of these facilities, as specified, including a review of the circumstances of apprehension and transfer. Existing law also requires the Department of Justice to provide, during the budget process, updates and information to the Legislature and the Governor, concerning the reviews, as provided and pursuant to a specified date. Existing law requires the comprehensive report to be completed by March 1, 2019, and to be posted on the Attorney General’s internet website and made available to the public, as provided. Existing law makes these provisions inoperative on July 1, 2027, and repeals those provisions January 1, 2028.
This bill would delete all dates specified above, including inoperative and repeal provisions, thereby indefinitely extending those provisions, and would delete the requirement for the review to include an individual’s circumstances of apprehension and transfer. The bill would also make nonsubstantive changes.

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

SECTION 1.
Section 12532 of the Government Code is amended to read:
12532.
(a) The Attorney General, or the Attorney General’s designee, shall engage in reviews of county, local, or private locked detention facilities in which noncitizens are being housed or detained for purposes of civil immigration proceedings in California, including any county, local, or private locked detention facility in which an accompanied or unaccompanied minor is housed or detained on behalf of, or pursuant to a contract with, the federal Office of Refugee Resettlement or the United States Immigration and Customs Enforcement. The Department of Justice shall determine the order and number of facilities to be reviewed. The Attorney General, or the Attorney General’s designee, shall have authority over which facilities may be reviewed and when. The Department of Justice shall provide, during the budget process, updates and information to the Legislature and the Governor, including a written summary of findings, if appropriate, regarding the progress of these reviews and any relevant findings.
(b) The Attorney General, or the Attorney General’s designee, shall conduct a review of county, local, or private locked detention facilities in which noncitizens are being housed or detained for purposes of civil immigration proceedings in California, including any county, local, or private locked detention facility in which an accompanied or unaccompanied minor is housed or detained on behalf of, or pursuant to a contract with, the federal Office of Refugee Resettlement or the United States Immigration and Customs Enforcement. The Department of Justice shall determine the order and number of facilities to be reviewed.
(1) This review shall include, but not be limited to, the following:
(A) A review of the conditions of confinement.
(B) A review of the standard of care and due process provided to the individuals described in subdivision (a).
(2) The Attorney General, or the Attorney General’s designee, shall provide the Legislature and the Governor with a comprehensive report outlining the findings of the review described in this subdivision, which shall be posted on the Attorney General’s internet website and otherwise made available to the public upon its release to the Legislature and the Governor. The Department of Justice shall provide, during the budget process, updates and information to the Legislature and the Governor, including a written summary of findings, if appropriate, regarding the progress of the review described in this subdivision and any relevant findings.
(c) The Attorney General, or the Attorney General’s designee, shall be provided all necessary access for the observations necessary to effectuate reviews required pursuant to this section, including, but not limited to, access to detainees, officials, personnel, and records.