Chapter 17.8Housing Contracts

Section § 7310

Explanation

This law states that local governments and law enforcement in California that did not have contracts to detain noncitizens for civil immigration purposes with the federal government as of June 15, 2017, cannot start new contracts to do so. Those that had such contracts must not renew or change them to increase the number of detention beds for noncitizens.

(a)CA Government Code § 7310(a) A city, county, city and county, or local law enforcement agency that does not, as of June 15, 2017, have a contract with the federal government or any federal agency to detain adult noncitizens for purposes of civil immigration custody, is prohibited from entering into a contract with the federal government or any federal agency, to house or detain in a locked detention facility owned and operated by a local entity, noncitizens for purposes of civil immigration custody.
(b)CA Government Code § 7310(b) A city, county, city and county, or local law enforcement agency that, as of June 15, 2017, has an existing contract with the federal government or any federal agency to detain adult noncitizens for purposes of civil immigration custody, shall not renew or modify that contract in such a way as to 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.
civil immigration custody detention facility local law enforcement federal contracts noncitizen detention contract renewals detention bed limits local government restrictions detain noncitizens California immigration policy immigration detention contracts community impact of immigration laws immigration enforcement federal and local agreements immigration contract restrictions
(Amended by Stats. 2017, Ch. 363, Sec. 4. (SB 112) Effective September 28, 2017.)

Section § 7311

Explanation

This law prevents local governments and law enforcement agencies in California from making new contracts with the federal government to house minors in locked detention centers if they didn't have such contracts as of June 15, 2017. If an agency had existing contracts by that date, they can't expand those contracts to house more minors. However, the law allows for temporary housing of minors in less restrictive environments if certified necessary by the State Department of Social Services, as long as these housing arrangements are short-term, nonrenewable, and meet all relevant standards.

(a)CA Government Code § 7311(a) A city, county, city and county, or local law enforcement agency that does not, as of June 15, 2017, have a contract with the federal government or any federal agency to house or detain any accompanied or unaccompanied minor in the custody of or detained by the federal Office of Refugee Resettlement or the United States Immigration and Customs Enforcement is prohibited from entering into a contract with the federal government or any federal agency to house minors in a locked detention facility.
(b)CA Government Code § 7311(b) A city, county, city and county, or local law enforcement agency that, as of June 15, 2017, has an existing contract with the federal government or any federal agency to house or detain any accompanied or unaccompanied minor in the custody of or detained by the federal Office of Refugee Resettlement or the United States Immigration and Customs Enforcement shall not renew or modify that contract in such a way as to expand the maximum number of contract beds that may be utilized to house minors in a locked detention facility.
(c)CA Government Code § 7311(c) This section does not apply to temporary housing of any accompanied or unaccompanied minor in less restrictive settings when the State Department of Social Services certifies a necessity for a contract based on changing conditions of the population in need and if the housing contract meets the following requirements:
(1)CA Government Code § 7311(c)(1) It is temporary in nature and nonrenewable on a long-term or permanent basis.
(2)CA Government Code § 7311(c)(2) It meets all applicable federal and state standards for that housing.
minors locked detention facility local government contracts temporary housing accompanied minors unaccompanied minors federal agency contracts Office of Refugee Resettlement U.S. Immigration and Customs Enforcement June 15 2017 contracts expansion of contract beds State Department of Social Services certification nonrenewable housing contracts less restrictive settings
(Added by Stats. 2017, Ch. 17, Sec. 6. (AB 103) Effective June 27, 2017.)