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 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. This bill would require any private detention facility operator to comply with, and adhere to, the detention standards of care and confinement agreed upon in the facility's contract for operations. The bill would define a private detention facility as a detention facility operated by a private, nongovernmental, for-profit entity pursuant to a contract or agreement with a governmental entity. If a private detention facility commits a tortious action that violates the requirement to comply with detention standards of care and confinement, the bill would allow an individual who has been injured by that tortious action to bring a civil cause of action for relief. The bill would also allow the court to award a prevailing plaintiff reasonable attorney's fees and costs. The bill would state that its provisions are severable.