California Chapter 743 bars local governments from approving deeds, permits, or other approvals for private immigration detention facilities until they give 180 days' public notice, share documents, and hold two public comment meetings.
Local governments could not approve deeds, permits, or other approvals for private companies to build or reuse buildings for civil immigration detention until they complete the notice, document access, and public comment steps.
Agencies must give 180 days' notice by website, posting, newspaper, and weekly radio in the top five local languages, and promptly share related documents on request.
Agencies must hold at least two public comment meetings, at least 30 business days apart, with translation into the area's top non-English language.
The rules apply to every city, including charter cities, and to each county and public agency, because the Legislature finds public input a statewide concern.
A city, county, city and county, or public agency may not approve or execute a deed, permit or permit change, or any other approval for a private company to build or reuse buildings to house or detain any person for civil immigration custody. This covers approvals by any board, commission, or agency, whether the decision is made by a legislative body, an advisory body, or administrative staff. The agency must first finish the notice, document access, and public comment steps.
The agency must give public notice at least 180 days before approval or execution, and provide any related documents on request. The notice must meet Government Code section 65094, be dated and posted on the agency's website, and be posted at its headquarters. It must be published in a local newspaper, or posted in three public places if there is none. It must be broadcast weekly on local radio in the top five local languages for the 180 days. Written notices must be in those top five languages. The notice must include access to related documents, such as applications or reports. On request, the agency must promptly provide the documents, in hard copy at its headquarters during business hours and online, subject to public records exemptions. The notice must come at least 180 days before the approval.
The agency must ask for and hear public comment on the proposed action at no fewer than two separate public meetings. Each meeting must be noticed under Government Code section 65090, and public comment must be a stand-alone agenda item. Translation must be provided in the most widely spoken language other than English in the area. The first meeting must be at least 30 business days after the public notice. The second meeting must be at least 30 business days after the first.
The rules apply to charter cities and independently to each city, county, city and county, and public agency, including boards, commissions, and agencies. The Legislature finds that public input on private detention centers is a statewide concern, not a municipal affair, so the changes apply to all cities, including charter cities.
No hearings or votes scheduled.