AMENDED IN ASSEMBLY AUGUST 21, 2026
AMENDED IN SENATE APRIL 16, 2026
AMENDED IN SENATE MARCH 25, 2026
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
96
Introduced by Senator Cervantes
February 20, 2026
An act to add Section 65850.05 to the Government Code, relating to land use.
Vote: majority Appropriation: no Fiscal committee: yes Local program: yes
LEGISLATIVE COUNSEL’S DIGEST
Existing law authorizes the legislative body of any county or city to adopt ordinances that, among other things, regulate the use of buildings, structures, and land as between industry, business, residences, open space, including agriculture, recreation, enjoyment of scenic beauty, use of natural resources, and other purposes.
This bill would prohibit a city or county from approving new land uses in a manner that authorize construction of a detention facility or changes of use that permit use of an existing building as a detention facility, as defined for purposes of these provisions. The bill would also require every city or county to adopt or amend a zoning ordinance to regulate detention facilities as a separate institutional land use classification, including by, among other things, prohibiting detention facilities from being a principally permitted use in any zoning district. The bill would make related findings and declarations. By adding to the duties of local officials, this bill would impose a state-mandated local program.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:
(a) The Constitution of the State of California reserves to the state broad police powers in order to protect the public health, safety, and welfare of all of the people of California. The regulation of land use, planning, and development is among the state’s most fundamental and longstanding exercises of those powers.
(b) Pursuant to the Planning and Zoning Law (Title 7 (commencing with Section 65000) of the Government Code), the Legislature has established a comprehensive statewide framework governing the orderly development of land, the compatibility of adjacent land uses, and the protection of public infrastructure and community resources.
(c) Land uses that involve the custodial confinement of persons present unique planning and land use considerations because of their operational characteristics, intensity of use, and demands on local transportation networks, public utilities, emergency response services, water and waste infrastructure, and compatibility with surrounding land uses.
(d) The establishment, conversion, or expansion of detention facilities are likely to affect local and regional traffic patterns, emergency medical response, fire protection, law enforcement resources, utility capacity, environmental quality, noise, air quality, and other matters that are traditionally reviewed through state and local land use planning.
(e) Detention facilities of all kinds constitute a unique category of institutional land use for purposes of statewide planning and zoning regulation and that statewide standards are necessary to govern siting and expansion in a way that promotes orderly development, efficient infrastructure planning, environmental protection, and the public health, safety, and welfare of all in California.
(f) This act is intended to solely regulate land use and development through the exercise of the state’s police power and does not regulate criminal law, civil or administrative enforcement, or the detention authority of any governmental entity.
(g) Nothing in this act shall be construed to regulate or interfere with the authority of the United States or any other governmental entity to enforce applicable law or to determine whether an individual can be detained or not. This act only governs land use approvals, zoning classifications, and development standards applicable to property within the State of California.
(h) The statewide regulation of detention facilities as a land use classification serves legitimate planning objectives of statewide concern, independent of the government occupant or the legal status of any person detained within those facilities.
SECTION 1.SEC. 2.
Section 65850.05 is added to the Government Code, to read:
65850.05.
(a) For purposes of this section, “detention facility” means any structure, whether temporary or permanent, operated by a private entity on behalf of a governmental entity for the temporary holding of persons charged with a criminal offense or detained for civil or administrative purposes.
(b) Notwithstanding any other law, a city or county shall not approve either of the following:
(1) A new land use in a manner that authorizes construction of a detention facility.
(2) A change of use that permits use of an existing building as a detention facility.
(c) On or before July 1, 2027, every city or county shall adopt or amend a zoning ordinance to regulate detention facilities as a separate institutional land use classification consistent with this subdivision.
(1) A detention facility shall not be a principally permitted use in any zoning district.
(2) Notwithstanding subdivision (b), a detention facility may be considered only pursuant to a discretionary conditional use permit expressly authorized by the jurisdiction’s zoning ordinance.
(3) Prior to approving any entitlement for a detention facility, the reviewing authority shall conduct at least one duly noticed public hearing.
(4) A city or county may adopt development standards that are more restrictive than those required by this subdivision.
SEC. 2.SEC. 3.
The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
SEC. 3.SEC. 4.
The Legislature finds and declares that protecting California residents from the negative impacts of private detention centers is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 2 of this act adding Section 65850.05 to the Government Code
applies to all cities, including charter cities.
SEC. 4.SEC. 5.
No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.