Civil detainees., the official text

An act to add Section 53.9 to the Civil Code, and to add Section 12532.1 to the Government Code, relating to civil detainees, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL'S DIGEST

Existing law, the Lanterman-Petris-Short (LPS) Act, authorizes the involuntary commitment and treatment of a person, when the person, as a result of a mental health disorder, is a danger to themselves or others, or is gravely disabled. Existing law grants persons involuntarily detained in state hospitals as a result of developmental or mental health disabilities specified rights, including a right to dignity, privacy, and humane care, to be free from harm, to religious freedom and practice, and to physical exercise and recreational opportunities.
This bill, the Civil Detainees’ Bill of Rights Act of 2026, would clarify that all persons housed or detained for purposes of civil immigration proceedings in California at any state, county, local, or private locked detention facility, including any county, local, or private locked detention facility in which an individual is housed or detained on behalf of, or pursuant to a contract with, United States Immigration and Customs Enforcement, have the legal rights and responsibilities guaranteed all other persons by the United States Constitution and federal law and the California Constitution and state law, unless specifically limited by federal or state law or regulations.
The bill would grant persons housed or detained for the purposes of civil immigration proceedings in California certain rights, including a right to dignity, privacy, and humane care, a right to clean and well-maintained facilities, and a right to safe and good-quality food.
The bill would require an operator of a facility to ensure the rights of individuals housed or civilly detained for purposes of civil immigration proceedings in California are protected. The bill would authorize the Attorney General to bring a civil action for injunctive and other relief in order to protect any of the above-described rights, and would additionally authorize the Attorney General to seek a civil penalty not to exceed $2,500 for each violation. The bill would require an operator of a facility to provide the Attorney General all necessary access for the observations necessary to effectuate enforcement of the above-described requirements.
The bill would make related findings and declarations.
The bill would declare that it is to take effect immediately as an urgency statute.

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

SECTION 1.
This act shall be known, and may be cited, as the Civil Detainees’ Bill of Rights Act of 2026.

SEC. 2.
The Legislature finds and declares all of the following:
(a) California has an interest in ensuring that the rights of all persons held in civil detention are adequately protected.
(b) Existing law provides that civil detainees have the same legal rights and responsibilities guaranteed to all other individuals by the United States Constitution and federal law and the California Constitution and state law.
(c) It is the intent of the Legislature that all individuals civilly detained in California be entitled to certain core rights, regardless of the type of facility in which they are detained. It is therefore the intent of the Legislature to clarify that individuals civilly detained in California have the same rights as individuals involuntarily detained under state law.

SEC. 3.
Section 53.9 is added to the Civil Code, to read:
53.9.
(a) All persons housed or detained for purposes of civil immigration proceedings in California at any state, county, local, or private locked detention facility, including any county, local, or private locked detention facility in which an individual is housed or detained on behalf of, or pursuant to a contract with, United States Immigration and Customs Enforcement, have the legal rights and responsibilities guaranteed all other persons by the United States Constitution and federal law and the California Constitution and state law, unless specifically limited by federal or state law or regulations.
(b) All persons housed or detained for purposes of civil immigration proceedings in California at any state, county, local, or private locked detention facility, including any county, local, or private locked detention facility in which an individual is housed or detained on behalf of, or pursuant to a contract with, United States Immigration and Customs Enforcement, have the following rights:
(1) A right to dignity, privacy, and humane care, including prompt mental health, medical, and dental care and treatment services provided in ways that are least restrictive of the personal liberty of the individual.
(2) A right to be free from harm, including unnecessary or excessive physical restraint, isolation, medication, abuse, or neglect.
(3) A right to religious freedom and practice, physical exercise, and recreational opportunities.
(4) A right to clean drinking water and functioning toilet and shower facilities in compliance with Section 71665 of Title 22 of the California Code of Regulations.
(5) A right to a clean and well-maintained facility and living quarters in compliance with Section 71631 of Title 22 of the California Code of Regulations.
(6) A right to food that is of good quality and selected, stored, prepared, and served in a safe and healthful manner and otherwise in compliance with Section 77077 of Title 22 of the California Code of Regulations.

SEC. 4.
Section 12532.1 is added to the Government Code, to read:
12532.1.
(a) An operator of a facility shall ensure the rights of individuals housed or civilly detained in California, as provided in Section 53.9 of the Civil Code, are protected.
(b) (1) The Attorney General may bring a civil action for injunctive and other appropriate declaratory or equitable relief in the name of the people of the State of California in order to protect any right described in Section 53.9 of the Civil Code. An action brought by the Attorney General to remediate a violation of those rights may also seek a civil penalty not to exceed two thousand five hundred dollars ($2,500) for each violation.
(2) This subdivision does not alter the authority of the Attorney General to bring a civil action under any other law.
(c) An operator of a facility shall provide the Attorney General or the Attorney General’s designee all necessary access for the observations necessary to effectuate enforcement pursuant to this section, including, but not limited to, access to detainees, patients, facilities, officials, personnel, and records.

SEC. 5.
This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to maintain the health and safety of civil detainees in California, it is necessary that this act take effect immediately.