Governor Gavin Newson signed the California Accountability in Detention Act, also known by its bill name as AB 3228, into law in September 2020 (Cal. Govt. Code § 7320).  The law requires operators of private detention facilities in California to adhere to the standards of care and confinement agreed upon in the facility’s contract for operations.  AB 3228 also provides a cause of action for individuals who are harmed by violations of those standards, along with attorney’s fees.  There have been a handful of cases brought under AB 3228 against private detention contractors for damages. 

 

These contractors and their employees continue to inflict harm on detained people and violate their contractual duties.  For example, in the summer of 2024, advocates filed three complaints with DHS Office of Civil Rights and Civil liberties about a violent raid that took place on April 15, sexual abuse and harassment at Golden State Annex and the weaponization of medical care to suppress First Amendment-protected activity. 

 

Our hope is that AB 3228 grows to be a significant drain on the profitability that detention companies extract, a meaningful route to compensation for harm detained individuals experience, and a tool of accountability for compliance at these facilities with the most basic standards of care until they cease to exist. 

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CCIJ and LCCRSF can also provide a more in-depth and confidential version of the advisory to organizations and individuals who plan to litigate cases on behalf of detained people.