image

California Enacts Laws to Protect Rights and Require Inspections in Detention Centers

CaliforniaImmigration
California Enacts Laws to Protect Rights and Require Inspections in Detention Centers

Governor Gavin Newsom signed two new Senate bills into law on September 29, 2026, aimed at protecting the rights and health of individuals held in civil confinement across California. Sponsored by California Attorney General Rob Bonta and authored by state lawmakers, the legislation establishes formal rights for civil detainees and makes facility inspections permanent. The new statutes respond to growing concerns regarding conditions within immigration detention facilities in the state.

The announcement follows a series of state reports exposing substandard conditions at detention centers operating within California. State officials noted that mass deportation policies and overcrowding have strained facility resources, leading to compromised standards of care, food, and water.

Establishing a Civil Detainees’ Bill of Rights

Senate Bill 942, authored by Senator Anna Caballero and co-sponsored by Immigrant Defense Advocates, formally codifies a Civil Detainees’ Bill of Rights. This law protects the health, safety, and dignity of individuals held in civil confinement, including immigration detention facilities. Facilities must now ensure detainees have access to basic necessities such as healthcare, clean drinking water, adequate food, sanitation, religious practice, communication with loved ones, and legal counsel. The statute also creates stronger oversight mechanisms to hold facilities accountable when these rights are violated.

Changes to California Detention Oversight
Previous Framework
  • DOJ reporting framework set to expire on July 1, 2027
  • Limited formal codification of specific civil detainee rights
  • Variable accountability for basic health and food standards
New Law Framework
  • Mandatory DOJ inspections and reporting made permanent
  • Formal Civil Detainees' Bill of Rights enacted under SB 942
  • Stronger oversight mechanisms for healthcare and legal access

Source: California Attorney General

Permanent Inspections and Public Transparency

Senate Bill 1399, authored by Senator María Elena Durazo and co-sponsored by Immigrant Defense Advocates, ensures that conditions at immigration detention centers continue to be thoroughly documented. Previously, a framework established under Assembly Bill 103 required the California Department of Justice to report on confinement conditions and due process impacts only through July 1, 2027. SB 1399 removes that expiration date, permanently establishing mandatory inspections and public reporting by the Department of Justice.

What This Means for Detainees and Advocates

For individuals held in civil immigration detention and their families, these laws establish clear baseline protections regarding everyday living conditions and legal access. Facilities entrusted with custody can no longer ignore basic standards for food, water, sanitation, and medical care without facing accountability. Advocates and affected individuals can rely on the permanent inspection framework to keep state authorities informed about substandard facility conditions, ensuring continued transparency for the public and the Legislature.

When facing complex immigration or civil detention issues, consulting a qualified attorney can help protect your rights and navigate the legal system effectively.

What this means: our conclusions

2 Good news1 Risk1 What to watch
  1. Good newsPermanent Oversight

    Removing the AB 103 expiration date ensures that state inspections of detention facilities will continue indefinitely past 2027.

  2. Good newsEnforceable Standards

    Detention facilities can now be held directly accountable under state law for violating basic health, medical, and sanitation rights.

  3. RiskStrained Resources

    Mass federal deportation policies have created severe overcrowding and resource strains in California facilities, increasing risks.

  4. What to watchWhat to Watch Next

    Observe how the California Department of Justice enforces the new Bill of Rights and handles ongoing inspection reports.

New California Detention Facility Legislation
BillAuthorKey Function
SB 942Senator Anna CaballeroEstablishes a Civil Detainees' Bill of Rights and accountability mechanisms.
SB 1399Senator María Elena DurazoRemoves AB 103 expiration date to make DOJ facility inspections permanent.

Source: California Attorney General

This article is general information based on California Attorney General and court or agency records available at publication time. It is not legal advice; laws and deadlines differ by state and by case. Published October 1, 2026.

Source: California Attorney General

More from California

Find a lawyer in California

Reading about the law is one thing, applying it to your own case is another. Browse verified attorneys in California by practice area.