AMENDED IN SENATE AUGUST 3, 2026

AMENDED IN ASSEMBLY APRIL 9, 2026

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

97

Introduced by Assembly Member Lee

February 10, 2026

An act to amend Section 1670.9 of the Civil Code, relating to detention facilities.

Vote: majority   Appropriation: no   Fiscal committee: no   Local program: no

LEGISLATIVE COUNSEL’S DIGEST

Existing law prohibits a city, county, city and county, or 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 any private corporation, contractor, or vendor to house or detain noncitizens for purposes of civil immigration proceedings, unless the city, county, city and county, or public agency has given notice to the public of the proposed conveyance or permitting action at least 180 days before execution of the conveyance or permit and solicited and heard public comments on the proposed conveyance or permit action in at least 2 separate meetings open to the public.

This bill would revise and recast those provisions to prohibit a city, county, city and county, or public agency from approving or executing, among other documents, any document signifying the public entity’s approval for the building or reuse of existing buildings by any private corporation, contractor, or vendor to house or detain a person for purposes of civil immigration custody before the public entity has given notice to the public of the proposed action 180 days before execution or approval of the proposed action, promptly provided access to any documents related to the proposed action, as provided, and solicited and heard public comments on the proposed action in at least 2 separate meetings open to the public. The bill would prescribe the contents, the posting and publication, and the broadcast of the public notice. The bill would also prescribe the conduct of the meetings. The bill would make these provisions apply to a charter city and independently to a public entity.

The people of the State of California do enact as follows:

SECTION 1.

Section 1670.9 of the Civil Code is amended to read:

1670.9.

(a) A city, county, city and county, or local law enforcement agency that does not, as of January 1, 2018, have a contract with the federal government or any federal agency or a private corporation to house or detain noncitizens for purposes of civil immigration custody, shall not, on and after January 1, 2018, enter into a contract with the federal government or any federal agency or a private corporation, to house or detain in a locked detention facility noncitizens for purposes of civil immigration custody.

(b) A city, county, city and county, or local law enforcement agency that, as of January 1, 2018, has an existing contract with the federal government or any federal agency or a private corporation to detain noncitizens for purposes of civil immigration custody, shall not, on and after January 1, 2018, renew or modify that contract in a manner that would expand the maximum number of contract beds that may be utilized to house or detain in a locked detention facility noncitizens for purposes of civil immigration custody.

(c) Any facility that detains a noncitizen pursuant to a contract with a city, county, city and county, or a local law enforcement agency is subject to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).

(d) (1) A city, county, city and county, or public agency thereof, including any board, commission, or agency of any city, county, city and county, or public agency thereof, shall not approve or execute any of the following for the building or reuse of existing buildings by any private corporation, contractor, or vendor to house or detain any person for purposes of civil immigration custody before completing the requirements of paragraphs (2) to (4), inclusive:

(A) A deed or instrument, or other document related to a conveyance of land.

(B) A permit, or modification to a permit.

(C) Any other document signifying the public entity’s approval, regardless of whether authority to issue the approval lies with the legislative body, and advisory body thereto, or administrative staff.

(2) A city, county, city and county, or public agency thereof shall provide notice to the public of any of the proposed actions described in paragraph (1) at least 180 days before approval or execution of the proposed action. Public notice shall comply with all of the following:

(A) Contents of the public notice shall comply with Section 65094 of the Government Code.

(B) Be dated and posted on the applicable public entity’s website.

(C) Physically posted at the public entity’s headquarters.

(D) Published in at least one local newspaper of general circulation within the jurisdiction, or if there is no such newspaper, the notice shall be posted in at least three public places within the jurisdiction.

(E) For the duration of the 180-day notice period, broadcast weekly over local radio stations in the top five languages spoken in the applicable jurisdiction according to the most recent census.

(F) All written public notices shall be provided in the top five languages spoken in the applicable jurisdiction according to the most recent census.

(G) Include access to any documents related to the action being considered, including, but not limited to, any related applications or reports.

(3) Upon request, and subject to the exemptions from disclosure in Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code, the city, county, city and county, or public agency thereof shall promptly provide access to any documents related to the proposed action, which shall at a minimum be made available in hard copy format at its physical headquarters during business hours and in electronic format on its internet website.

(4) The city, county, city and county, or public agency thereof shall solicit and hear public comments on any of the proposed actions described in paragraph (1) in at least two separate meetings open to the public.

(A) Each meeting shall be noticed pursuant to Section 65090 of the Government Code, and each public comment opportunity shall be clearly noticed as a stand-alone item on a meeting agenda pursuant to Chapter 9 (commencing Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code.

(B) The first meeting shall be held at least 30 business days after the notice pursuant to paragraph (2), and the second hearing shall be held at least 30 business days after the first meeting. Translation for public comment shall be provided in the most widely spoken language, other than English, in the jurisdiction according to the most recent census.

(5) The requirements of this subdivision apply independently to the following:

(B) Independently to a city, county, city and county, and public agency thereof, including, but not limited to, any board, commission, or agency of any city, county, and city and county.

SEC. 2.