Report 2018-117 Recommendation Responses
Report 2018-117: City and County Contracts With U.S. Immigration and Customs Enforcement: Local Governments Must Improve Oversight to Address Health and Safety Concerns and Cost Overruns (Release Date: February 2019)
Recommendation for Legislative Action
To ensure that significant health and safety problems are avoided, minimized, or at the very least addressed promptly, the Legislature should consider urgency legislation amending state law to require the cities that contract with ICE to house detainees implement oversight policies and practices that include reviewing all federal inspection reports and ensuring that private operators develop and implement timely corrective actions for any identified noncompliance; obtaining and reviewing the quality control plan for the detention facility and ensuring that the private operators implement and follow the plan; at least quarterly reviewing detainee complaints and any incident reports and following up with private operators on any pervasive or persistent problems; at least quarterly inspecting the services provided and conditions at the detention facility as allowed by the detention subcontract; and formally approving all invoices and maintaining copies of invoices and supporting documentation.
Description of Legislative Action
This recommendation is no longer necessary. AB 32 (Chapter 739, Statutes of 2019) prohibits within the State the operation of a detention facility that is operated by a private, nongovernmental, for-profit entity, and operating pursuant to a contract or agreement with a governmental entity. This provision does not apply to a private detention facility that is operating pursuant to a valid contract with a governmental entity that was in effect before January 1, 2020, for the duration of that contract. Adelanto, McFarland, and Holtville have ended their contracts with ICE and, under the provisions of AB 32, cannot enter into a new contract. Therefore, this recommendation is no longer needed.
- Legislative Action Current As-of: February 2021
California State Auditor's Assessment of Annual Follow-Up Status: No Longer Necessary
Description of Legislative Action
The Legislature has not taken action to address this specific recommendation.
- Legislative Action Current As-of: August 2019
California State Auditor's Assessment of 6-Month Status: No Action Taken
Description of Legislative Action
The Legislature has not taken action to address this specific recommendation.
- Legislative Action Current As-of: April 2019