House Bill 1401
By: Representatives Gisler of the 121st, Tran of the 80th, Sanchez of the 42nd, Bell of the 75th,
Park of the 107th, and others
A BILL TO BE ENTITLED
AN ACT
To amend Article 1 of Chapter 2A of Title 31 of the Official Code of Georgia Annotated,
relating to general provisions regarding the Department of Public Health, so as to provide for
third-party audits of detention facilities that house federal immigration detainees; to provide
for audit criteria; to provide for the selection of third-party auditors; to provide for reporting
and publishing of annual audits; to provide for access to detention facilities to conduct annual
audits; to provide for mechanisms to address a detention facility's substantial and ongoing
noncompliance with federal detention standards; to provide for rules and regulations; to
provide for construction; to provide for definitions; to provide for legislative findings; to
provide for purposes; to provide for related matters; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
The General Assembly finds that:
(1) Individuals detained under federal authority in detention facilities within this state's
borders must be treated humanely and in compliance with federal detention standards;
(2) The federal government's primary responsibility for immigration detention does not
preclude the state from monitoring conditions of detention facilities that affect the health,
safety, and human rights of individuals held in such facilities; and
(3) Independent third-party audits consistent with federal detention standards provide a
necessary mechanism for transparency and accountability in the operation of detention
facilities.
SECTION 2.
The purposes of this Act are to:
(1) Establish an independent audit process for detention facilities holding persons under
federal immigration authority;
(2) Require detention facilities to demonstrate compliance with federal detention
standards;
(3) Provide mechanisms by which the state may condition state or local cooperation with
detention facilities on such facilities' compliance with federal detention standards; and
(4) Increase transparency in the operation of detention facilities while avoiding direct
regulation of the federal government by state or local entities.
SECTION 3.
Article 1 of Chapter 2A of Title 31 of the Official Code of Georgia Annotated, relating to
general provisions regarding the Department of Public Health, is amended by revising Code
Section 31-2A-14, which is reserved, as follows:
"31-2A-14.
<ins>(a) As used in this Code section, the term:
(1) 'Detainee' means a noncitizen who is held in a detention facility pending immigration
proceedings or removal from the United States.
(2) 'Detention facility' means any facility located in this state that holds detainees.
</ins>
<ins>(3) 'Federal detention standards' means the national detention standards published by
United States Immigration and Customs Enforcement, as revised in 2025.
(4) 'Third-party auditor' means an independent nonprofit corporation or other accredited
body experienced in the oversight of detention centers and federal detention standards.
(b) By October 1, 2026, the department shall:
(1) Establish audit criteria for detention facilities and the treatment of detainees based
on federal detention standards. Such criteria shall address:
(A) Health care and medical care;
(B) Sanitation and living conditions;
(C) Use of force and restraints;
(D) Access to legal counsel;
(E) Access to communication;
(F) Grievance procedures; and
(G) Overall compliance with federal detention standards.
(2) Select a third-party auditor to conduct an annual audit of each detention facility.
(c)(1) An annual audit performed pursuant to this Code section shall include:
(A) A written report that outlines the detention facility's areas of compliance and
deficiencies using the criteria established by the department under subsection (b) of this
Code section;
(B) Written recommendations for any corrective action; and
(C) A summary of the annual audit which shall protect the identity of any detainees.
(2) A copy of each annual audit under paragraph (1) of this subsection shall be provided
to the Governor, the Speaker of the House of Representatives, the President of the Senate,
and the Attorney General.
(3) All annual audit summaries prepared under subparagraph (C) of paragraph (1) of this
subsection and aggregate data prepared by the department showing compliance trends
</ins>
<ins>based on the annual audits performed pursuant to this Code section shall be published on
the department's website.
(d) A detention facility shall grant to any third-party auditor selected by the department
to perform an annual audit under this Code section sufficient access to the detention facility
to enable such auditor to perform the annual audit.
(e)(1) If an annual audit of a detention facility reveals that such facility has substantial
and ongoing noncompliance with federal detention standards and poses a risk to the
health and safety of detainees of such facility, the state shall be authorized to:
(A) Withhold state funding and services from the detention facility;
(B) Prohibit or limit agreements between local law enforcement agencies and the
federal government that would place detainees in further harm; and
(C) Withhold state licenses or permits from the detention facility; provided, however,
that the state shall not withhold any licenses or permits in the exclusive control of the
federal government.
(2) Any action taken pursuant to paragraph (1) of this subsection shall be based on
written findings of the department, which shall include the specific deficiencies and
compliance issues documented in the detention facility's annual audits.
(f) Nothing in this Code section shall be construed as requiring state or local law
enforcement agencies to assist the federal government beyond the enforcement of federal
detention standards.
(g) The department shall promulgate such rules and regulations as may be necessary to
carry out the provisions of this Code section.</ins> <del>Reserved."
</del> SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.