Briefs

Detention Facility Transparency Act Passes Legislature, Heads to Governor’s Desk

 

SACRAMENTO — Sen. Lena Gonzalez’s (D-Long Beach) Senate Bill (SB) 423, the Detention Facility Transparency Act, Aug. 31 passed the Legislature and now heads to the Governor’s desk for a signature.

SB 423 responds to longstanding – and worsening – concerns about the lack of transparency surrounding conditions inside privately operated immigration detention facilities. Reports of medical neglect, violence, and dangerous conditions have continued to grow as the population detained in these facilities increases. Earlier this year, the California Attorney General documented worsening overcrowding, strained resources, and challenges accessing medical care at immigration detention facilities. Between September 2025 and March 2026, six people died at two private detention facilities in California.

Despite serious concerns about how these facilities operate, public agencies have at times refused to release records of emergency calls when requested through the California Public Records Act. When a recent CalMatters investigation found a rise in reports of rape and other sexual violence at the Otay Mesa detention facility in San Diego County, the Sheriff’s department refused to release multiple records requested by reporters. The Sherrif’s department stated that the records were exempt as they were part of a law enforcement investigation, despite having an agreement with the private detention facility that the sheriff would not investigate incidents at the facility. 

Records of emergency calls can provide journalists, advocates, families, state and local officials, and the public with critical information about incidents that would otherwise remain hidden. SB 423 would amend the California Public Records Act to require local agencies, upon request, to disclose audio recordings and related records concerning 911 calls and other calls for emergency services originating from privately-run detention facilities. It maintains important privacy protections – such as redacting identifying information about crime victims and allowing agencies to withhold information when disclosure would substantially interfere with an active investigation, while ensuring that illegitimate claims of confidentiality cannot be used to shield these facilities from public scrutiny.  

SB 423 is co-sponsored by Immigrant Defense Advocates and the First Amendment Coalition and is supported by immigrant rights advocates, civil liberties groups, and a coalition of press freedom and journalism organizations. It passed the Legislature on August 31, 2026 and is now headed to Governor Newsom’s desk. Governor Newsom has until Sept. 30, 2026 to sign legislation.

Details: bit.ly/SB423_FactSheet

 

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