Private detention facilities.

Existing law prohibits a city, city and county, or local law enforcement agency from entering into a contract with the federal government or any federal agency to house or detain noncitizens for purposes of civil immigration custody in a locked detention facility. Existing law, until July 1, 2027, requires the Attorney General to engage in reviews of county, local, and private locked detention facilities in which noncitizens are being housed or detained for purposes of civil immigration proceedings in California. Existing law requires that review to include a review of the conditions of confinement, a review of the standard of care and due process provided to the detainees, and a review of the circumstances around their apprehension and transfer to the facility. Existing law requires any private detention facility operator, as defined, to comply with, and adhere to, the detention standards of care and confinement agreed upon in the facility's contract for operations. This bill, the Private Detention Facility Oversight and Standards Act of 2026, would prohibit a private detention facility from operating in the state unless it obtains and maintains a license issued by the State Department of Public Health. The bill would authorize the department to issue a license to a facility, and would authorize the department to deny, suspend, or revoke a license based on specified criteria. The bill would require a facility to comply with all applicable standards of care in their contract with an entity as a condition of licensure. The bill would require the department to conduct annual unannounced inspections and additional inspections as necessary, based on complaints or risk indicators, of a licensed facility. The bill would authorize the department to issue specified penalties for a violation of the requirements described above, including civil penalties and suspension or revocation of a license. The bill would prohibit an operator from retaliating against any employee, detainee, contractor, or volunteer who reports a violation of the act or any health or safety standard. The bill would make the provisions of the act severable. The bill would make related findings and declarations.