SB 622

Bill Subjects

Abstract

Existing law prohibits a city, county, city and county, or a local law enforcement agency from entering into a contract with the federal government, any federal agency, or a private corporation to house or detain in a locked detention facility noncitizens for purposes of civil immigration custody, as specified. Existing law prohibits a city, county, city and county, or a public agency from approving or signing a deed, instrument, or other document related to a conveyance of land or issuing a permit for the building or reuse of existing buildings by a private corporation, contractor, or vendor to house or detain noncitizens for the purposes of civil immigration proceedings unless the city, county, city and county, or public agency has provided specified notice to the public and solicited and heard public comments regarding the action. This bill would require the custodian of a civil detention facility, as defined, in which a death has occurred to notify the Bureau of Investigation within the Department of Justice immediately, but in any case, no more than 2 hours after the individual is pronounced dead. The bill would require the Department of Justice to assume jurisdiction over the investigation of the death. The bill would require the Bureau of Investigation to immediately open an investigation into the cause and circumstances of the death, including an examination and determination of whether the facility was in compliance with all applicable standards and contractual obligations governing the individual's civil detention. The bill would also authorize the department to investigate the death of any individual that occurs within 90 days of the individual's release from a civil detention facility. The bill would require the custodian of the civil detention facility to allow the Bureau of Investigation immediate access to the facility, including all premises where the individual was held. This bill would specify that the bureau shall have, in addition to any other access and investigative powers afforded to it by any other law, additional authority in connection with an investigation of death or significant threat to the life or safety of an individual who is or was in civil detention in this state including reasonable, unaccompanied access to the facility in order to, among other things, inspect, view, and photograph all areas that are used by, or are accessible to, detainees in the facility and authority to pursue administrative, legal, and other appropriate remedies or approaches to ensure the protection of the rights of individuals who are or were in civil detention. This bill would require the Bureau of Investigation and the Department of Justice to make reports of their findings, as specified. The bill would also require the civil detention facility to submit a formal response to the Department of Justice. The bill would require the Department of Justice to make that response publicly available. The bill would also specify that all records prepared, owned, used, or retained by the civil detention facility shall be subject to the California Public Records Act. Because the bill would impose additional requirements on local public agencies, it would impose a state-mandated local program. The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. This bill would make legislative findings to that effect. 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.