SB 423: California Public Records Act: private detention facilities.

Session Year: 2025-2026
House: Senate
Latest Version Date: 2026-06-18

Current Status:

In Progress

(2026-06-18: From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.)

Introduced

In Committee

First Chamber

In Committee

Second Chamber

Enacted

Version:

Existing law, the California Public Records Act, requires each state or local agency, upon a request for a copy of records that reasonably describes an identifiable record or records, to make the records promptly available to any person upon payment of fees covering direct costs of duplication, or a statutory fee if applicable, except with respect to public records exempt from disclosure by express provisions of law. Existing law requires, upon request, an exact copy to be provided unless it is impracticable to do so.

This bill would specify that certain records maintained by a state or local agency that relate to private detention facilities, as defined, including any audio or video recording of any telephonic or other call that reports or describes an incident, as defined, occurring at a private detention facility, are not confidential, and would require an agency to disclose those records upon request to any member of the public. By requiring agencies to disclose certain records to the public, the bill would increase the duties of local officials and create a state-mandated local program.

Existing law requires each agency, within 10 days of a request for a copy of records, to determine whether the request seeks copies of disclosable public records in possession of the agency and to promptly notify the person of the determination and the reasons therefor. If the agency determines that the request seeks disclosable public records, existing law requires the agency to also state the estimated date and time when the records will be made available. Existing law authorizes that time limit to be extended by no more than 14 days under unusual circumstances, as defined. This bill would exempt the above-described records relating to private detention facilities from those provisions. The bill would correct an erroneous cross-reference related to those provisions.

Existing law specifies that, except as provided, the act does not require the disclosure of records of complaints to, or investigations conducted by, or records of intelligence information or security procedures of, the office of the Attorney General and the Department of Justice, the Office of Emergency Services and any state or local police agency, or any investigatory or security files compiled by any other state or local police agency, or any investigatory or security files compiled by any other state or local agency for correctional, law enforcement, or licensing purposes.

This bill would also except the above-described requirements relating to records relating to private detention facilities from that provision.

The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would make legislative findings to that effect.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Discussed in Hearing