A new California law that bans all private prisons in the state is under attack by the federal government.
If you watched the hit Netflix series Orange Is the New Black, you are likely familiar with the arguments against private prisons. In short, when a prison is run by a private company, inmates often suffer as the bottom line is prioritized over their health and safety. For example, employees in private prisons receive far less training and are paid less than employees who work for government-run prisons. As a result, a 2016 report from the United States Department of Justice found that the rate of inmate-on-inmate violence is 28% higher in private prisons. In addition, private prisons often fail to meet basic requirements for things like medical care, leaving some prisons without a full-time doctor for months.
With this in mind, California moved to ban private prisons within the state. Governor Newsom signed AB 32 into law in 2019, and it went into effect on January 1, 2020. This law prohibits the operation of private detention facilities in California. Importantly, there are exceptions written into the bill for juvenile and residential care facilities.
This law does not just target the State’s ability to use private prisons, however. It was also aimed at the private prisons set up by the U.S. government along the border with Mexico to house immigrant detainees. The law does not affect any detention facilities that are run by Immigration and Customs Enforcement (ICE) — only those run by private companies.
In February, the United States Department of Justice filed a lawsuit against the state, asking a federal judge to bar California from enforcing AB 32 against the federal government and any private prisons that it may contract with in the state.
According to a criminal defense attorney in San Bernardino, CA, AB 32 is an incredibly important law that helps to ensure that the abuses of the private prison system no longer impact individuals incarcerated in the state. In the past, California used private prisons to alleviate overcrowding caused by overly harsh criminal laws. As California has worked towards significant criminal justice reforms, these private prisons are no longer necessary.
This lawsuit — if successful — would not affect the basic purpose of AB 32. If a judge agrees with the Department of Justice’s arguments, it would only prevent the state from enforcing the law against the federal government. Both the state and counties in California would still be banned from contracting with private prisons to house people convicted of crimes or to run their prisons.
If you have been charged with a criminal offense in California, you will need a tough, smart attorney who can aggressively defend you against the charges. At the Chambers Law Firm, our team has the experience and knowledge to help you achieve the best possible resolution to your criminal case. We offer free initial consultations to all prospective clients, where we will help you understand your rights and options. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a consultation with a criminal defense attorney in San Bernardino, CA.
