SB 1399
Locked detention facilities: civil immigration: reviews.
Vote required
Majority
Fiscal committee
No
Appropriation
No
Current location
Appropriations
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Sign in to take action- Introduced
- Passed Senate
- Passed Assembly
- To Governor
- Became Law
Bill overview
This bill extends a requirement for the Attorney General to periodically review locked detention facilities in California where noncitizens are held for civil immigration proceedings. Currently, these reviews were set to expire in 2027, but the bill removes those expiration dates, making the reviews ongoing. The bill also removes a specific requirement to include a review of the circumstances of an individual’s apprehension and transfer to the facility.
Key provisions
- Extends the requirement for Attorney General reviews of immigration detention facilities indefinitely.
- Removes expiration dates for the review requirement.
- Eliminates the requirement to review the circumstances of apprehension and transfer.
- Requires reviews to include an assessment of conditions of confinement and the standard of care provided.
- Mandates the Attorney General to provide reports on the reviews to the Legislature and Governor.
- Authorizes the Attorney General to determine the order and number of facilities to be reviewed.
- Ensures the Attorney General has access to necessary information and personnel for the reviews.
Who is affected
- County and local law enforcement agencies
- Private detention facilities
- Noncitizens held for civil immigration proceedings
- The Attorney General’s office
- The California Legislature and Governor
Notable changes
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SB1399:v98#DOCUMENT
Bill Start
| Amended IN Senate March 23, 2026 |
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
Senate Bill
No. 1399
| Introduced by Senator Durazo (Coauthor: Senator Caballero)(Coauthors: Senators Caballero, Padilla, and Rubio) (Coauthors: Assembly Members Ávila Farías, Calderon, Elhawary, Mark González, Ortega, Michelle Rodriguez, and Solache) Solache, and Zbur) |
| February 20, 2026 |
An act to amend Section 12532 of the Government Code, relating to state government.
LEGISLATIVE COUNSEL'S DIGEST
SB 1399, as amended, Durazo. Locked detention facilities: civil immigration: reviews.
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. 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. The bill would also delete the requirement for the review to include an individual’s circumstances of apprehension and transfer.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Bill Text
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 order and number of facilities to be reviewed shall be determined by the Department of Justice. 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 order and number of facilities to be reviewed shall be determined by the Department of Justice.
(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).
(C)A review of the circumstances around their apprehension and transfer to the facility.
(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.