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Bill

AB 1801

Public agencies: approval: detention facilities.

2025-2026 Regular Session Introduced by Alex Lee

Public entities must provide 180-day notice, access to documents, and two public hearings before approving building or reusing detention facilities for civil immigration custody.

In Senate. Read first time. To Com. on RLS. for assignment.
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Bill Summary · AB 1801

Summary of AB 1801 (2025-2026) — Public agencies: approval: detention facilities

Purpose and intent

AB 1801, introduced by Assembly Member Alex Lee, revises and clarifies the process by which California public entities (cities, counties, city and counties, and their boards/agencies) must handle actions related to building or reusing facilities intended to house or detain individuals for civil immigration custody. The bill emphasizes public notice, access to documents, and opportunities for public comment, ensuring that approvals for such actions cannot proceed without a formal 180-day public notice period and two public hearings.

Key provisions and changes

  • Core prohibition: Public entities may not approve or execute documents signifying approval for building or reusing detention facilities (by private entities or contractors) for civil immigration custody until the required public notice, document access, and public comment processes are completed.
  • Notice requirements (180 days):
    • Public notice must comply with Government Code specifications (Section 65094).
    • Notice must be dated, posted on the entity’s website, physically posted at headquarters, and published in a local newspaper (or posted in three public places if no newspaper exists).
    • Notice must be broadcast weekly on local radio in the top five languages spoken in the jurisdiction (per the most recent census).
    • Written notices must be provided in the top five languages spoken in the jurisdiction.
    • Notice must include access to all related documents (applications, reports, etc.).
  • Public access to documents: Upon request, documents related to the proposed action must be promptly provided, in hard copy at headquarters and electronically on the internet site, subject to standard disclosure exemptions.
  • Public comment and hearings:
    • At least two separate public meetings must be held to solicit and hear comments on the proposed action.
    • Each meeting must be properly noticed under Government Code provisions, with stand-alone public comment items on the agenda.
    • The first meeting must occur no earlier than 30 business days after the notice, and the second at least 30 business days after the first.
    • Translation of public comments must be provided in the most widely spoken non-English language in the jurisdiction.
  • Independent applicability: The requirements apply independently to each public entity and its various boards, commissions, or agencies.
  • Declaratory of existing law: The bill states that these provisions reflect existing law.

Who is affected

  • Public entities in California (cities, counties, city and counties, and their boards/commissions) that might approve or issue land conveyances, permits, or other documents related to the construction or reuse of detention facilities for civil immigration custody.
  • Private corporations, contractors, or vendors engaged to build or operate such facilities, as the bill affects the approvals and documentation those entities require to proceed.

Procedural and timeline aspects

  • The 180-day public notice period is central to triggering any approval action.
  • Two public hearings must be conducted, with scheduling separated by at least 30 business days.
  • Public access and disclosure timelines align with standard public records practices, ensuring prompt provision of documents upon request.
  • Language accessibility and broadcast/publication requirements aim to maximize public participation and transparency.

Overall impact

AB 1801 strengthens and centralizes transparency and public participation around decisions to build or reuse detention facilities for civil immigration custody. By codifying notice, document access, and public hearing requirements, the bill seeks to ensure that such actions are thoroughly vetted in a manner accessible to a diverse public.

Compiled from official sources — confirm details with the bill’s official record.

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