Detention facilities: Due Process in Detention Program.

Existing law prohibits a city, city and county, or local law enforcement agencies 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 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 state regulations specify minimum standards for local detention facilities, including standards for visiting, correspondence, library services, access to telephones, and access to courts and counsel, among others. This bill would require any facility in the state that detains, confines, or holds an individual in custody to develop written policies and procedures to ensure persons detained have access to basic minimum standards with respect to due process and access to the court and to legal counsel and the minimum standards specified in state regulations. The bill would require the State Department of Social Services to establish the Due Process in Detention Program to provide individual consultations where unrepresented individuals can consult with an attorney, develop a statewide referral network with legal service providers, and monitor access to legal resources, courts, and counsel for individuals in detention. The bill would require the department to collect and publicly report data from each immigration detention center, as specified.