SB942 - Civil detainees.

Enrolled August 28, 2026 Passed IN Senate August 26, 2026 Passed IN Assembly August 25, 2026 Amended IN Assembly August 20, 2026 Amended IN Assembly July 02, 2026 Amended IN Assembly June 22, 2026 Amended IN Assembly June 11, 2026 Amended IN Senate May 19, 2026 Amended IN Senate April 06, 2026 Amended IN Senate March 04, 2026 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Senate Bill No. 942 Introduced by Senator Caballero (Principal coauthor: Senator Padilla) (Principal coauthor: Assembly Member Carrillo) (Coauthors: Senators Archuleta, Cortese, Durazo, Gonzalez, Hurtado, Reyes, and Rubio) (Coauthors: Assembly Members Ávila Farías, Calderon, Elhawary, Garcia, Mark González, Kalra, Ortega, Celeste Rodriguez, Michelle Rodriguez, and Solache) January 29, 2026 An act to add Section 53.9 to the Civil Code, and to add Section 12532.1 to the Government Code, relating to civil detainees, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST SB 942, Caballero. Civil detainees. Existing law, the Lanterman-Petris-Short (LPS) Act, authorizes the involuntary commitment and treatment of a person, when the person, as a result of a mental health disorder, is a danger to themselves or others, or is gravely disabled. Existing law grants persons involuntarily detained in state hospitals as a result of developmental or mental health disabilities specified rights, including a right to dignity, privacy, and humane care, to be free from harm, to religious freedom and practice, and to physical exercise and recreational opportunities. This bill, the Civil Detainees’ Bill of Rights Act of 2026, would clarify that all persons housed or detained for purposes of civil immigration proceedings in California at any state, county, local, or private locked detention facility, including any county, local, or private locked detention facility in which an individual is housed or detained on behalf of, or pursuant to a contract with, the federal Office of Refugee Resettlement or the United States Immigration and Customs Enforcement, have the legal rights and responsibilities guaranteed all other persons by the United States Constitution and federal law and the California Constitution and state law, unless specifically limited by federal or state law or regulations. The bill would grant persons housed or detained for the purposes of civil immigration proceedings in California certain rights, including a right to dignity, privacy, and humane care, a right to clean facilities and living quarters, and a right to safe and healthy food. The bill would reaffirm the intent of the Legislature that individuals housed or detained as a result of developmental or mental health disabilities have the rights described above. The bill would require the rights of individuals involuntarily housed as a result of developmental or mental health disabilities or civilly detained in California to be observed and protected by the operator of any facility in California in which the individuals are housed or civilly detained. The bill would authorize the Attorney General to bring a civil action for injunctive and other relief in order to protect any of the above-described rights, and would additionally authorize the Attorney General to seek a civil penalty not to exceed $2,500 for each violation. The bill would require all necessary access for the observations necessary to ensure compliance with the above-described requirements to be provided to the Attorney General. The bill would make related findings and declarations. The bill would declare that it is to take effect immediately as an urgency statute. Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: NO Bill Text The people of the State of California do enact as follows: SECTION 1. This act shall be known, and may be cited, as the Civil Detainees’ Bill of Rights Act of 2026. SEC. 2. The Legislature finds and declares all of the following: (a) California has an interest in ensuring that the rights of all persons held in civil detention are adequately protected. (b) Existing law provides that civil detainees have the same legal rights and responsibilities guaranteed to all other individuals by the United States Constitution and federal law and the California Constitution and state law. (c) It is the intent of the Legislature that all individuals civilly detained in California be entitled to certain core rights, regardless of the type of facility in which they are detained. It is therefore the intent of the Legislature to extend rights otherwise conferred to individuals involuntarily detained under state law to all individuals civilly detained in California. (d) It is the intent of the Legislature to reaffirm the existing rights of civil detainees under the Welfare and Institutions Code and Title 9 of the California Code of Regulations, to extend those rights to similarly situated persons housed or civilly detained at any state, county, local, or private for profit locked detention facility, including individuals housed or civilly detained for purposes of civil immigration proceedings in California, and ensure that facility operators observe and protect these rights. SEC. 3. Section 53.9 is added to the Civil Code, to read: 53.9. (a) All persons housed or detained for purposes of civil immigration proceedings in California at any state, county, local, or private locked detention facility, including any county, local, or private locked detention facility in which an individual is housed or detained on behalf of, or pursuant to a contract with, the federal Office of Refugee Resettlement or the United States Immigration and Customs Enforcement, have the legal rights and responsibilities guaranteed all other persons by the United States Constitution and federal law and the California Constitution and state law, unless specifically limited by federal or state law or regulations. (b) All persons housed or detained for purposes of civil immigration proceedings in California at any state, county, local, or private locked detention facility, including any county, local, or private locked detention facility in which an individual is housed or detained on behalf of, or pursuant to a contract with, the federal Office of Refugee Resettlement or the United States Immigration and Customs Enforcement, have the following rights: (1) A right to dignity, privacy, and humane care. (2) A right to mental health treatment services provided in ways that are the least restrictive of the personal liberty of the individual. (3) A right to medical and dental care and treatment. (4) A right to be free from harm, including abuse or neglect, and unnecessary or excessive physical restraint, isolation, or medication. (5) A right to religious freedom and practice, physical exercise, and recreational opportunities. (6) A right to clean drinking water and functioning toilet and shower facilities. (7) A right to a clean facility and living quarters that is kept in good repair. (8) A right to food that is adequate to maintain health and is selected, stored, prepared, and served in a safe and healthful manner. (9) A right, subject to denial for good cause as described in subdivisions (c) to (e), inclusive, of Section 884 of Title 9 of the California Code of Regulations, to all of the following: (A) Reasonable access to a telephone, both to make and receive confidential calls, provided that telephone hours, frequency and duration of telephone calls, and method of payment may be limited to ensure access by all. (B) Reasonable access to letter writing materials. (C) The ability to send and receive correspondence, subject to inspection for contraband and subject to limitations on size, weight, and volume of mail as specified by formal facility policy. Letters or documents sent to or received from an attorney, court, or government official through the mail shall not be read by anyone other than the addressee. (c) The Legislature reaffirms that persons protected by the rights described in Sections 4502, 4503, 5325, and 5325.1 of the Welfare and Institutions Code and Sections 883 and 884 of Title 9 of the California Code of Regulations have all of the following rights: (1) A right to mental health and dental care and treatment. (2) A right to clean drinking water and functioning toilet and shower facilities. (3) A right to a clean facility and living quarters that is kept in good repair. (4) A right to food that is adequate to maintain health and is selected, stored, prepared, and served in a safe and healthful manner. SEC. 4. Section 12532.1 is added to the Government Code, to read: 12532.1. (a) The rights of individuals housed or civilly detained in California, as provided in Section 53.9 of the Civil Code, Sections 4502, 4503, 5325, and 5325.1 of the Welfare and Institutions Code, and Sections 883 and 884 of Title 9 of the California Code of Regulations, shall be observed and protected by the operator of any facility in California in which the individuals are housed or civilly detained. (b) (1) The Attorney General may bring a civil action for injunctive and other appropriate declaratory or equitable relief in the name of the people of the State of California in order to protect any right described in Section 53.9 of the Civil Code, Section 4502, 4503, 5325, or 5325.1 of the Welfare and Institutions Code, or Section 883 or 884 of Title 9 of the California Code of Regulations. An action brought by the Attorney General to remediate a violation of those rights may also seek a civil penalty not to exceed two thousand five hundred dollars ($2,500) for each violation. (2) This subdivision does not alter the authority of the Attorney General to bring a civil action under any other law. (c) The Attorney General, or the Attorney General’s designee, shall be provided all necessary access for the observations necessary to ensure compliance with this section, including, but not limited to, access to detainees, patients, facilities, officials, personnel, and records. SEC. 5. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to maintain the health and safety of civil detainees in California, it is necessary that this act take effect immediately.