HB1401: HB1401 Public Health, Department of; third-party audits of detention facilities that house federal immigration detainees; provide

26 LC 63 0108 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 Co de of Georgia Annotated,1 relating to general provisions regarding the Department of Public Health, so as to provide for2 third-party audits of detention facilities that house federal immigration detainees; to provide3 for audit criteria; to provide for the selection of third-party auditors; to provide for reporting4 and publishing of annual audits; to provide for access to detention facilities to conduct annual5 audits; to provide for mechanisms to address a detention facility's substantial and ongoing6 noncompliance with federal detention standards; to provide for rules and regulations; to7 provide for construction; to provide for definitions; to provid e for legislative findings; to8 provide for purposes; to provide for related matters; to repeal conflicting laws; and for other9 purposes.10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11 SECTION 1.12 The General Assembly finds that:13 (1) Individuals detained under federal authority in detention facilities within this state's14 borders must be treated humanely and in compliance with federal detention standards;15 H. B. 1401 - 1 - 26 LC 63 0108 (2) The federal government's primary responsibility for immigr ation detention does not16 preclude the state from monitoring conditions of detention facilities that affect the health,17 safety, and human rights of individuals held in such facilities; and18 (3) Independent third-party audits consistent with federal detention standards provid e a19 necessary mechanism for transparency and accountability in the operation of detention20 facilities.21 SECTION 2.22 The purposes of this Act are to:23 (1) Establish an independent audit process for detention facilities holding persons under24 federal immigration authority;25 (2) Require detention facilities to demonstrate compliance wit h federal detention26 standards;27 (3) Provide mechanisms by which the state may condition state or local cooperation with28 detention facilities on such facilities' compliance with federal detention standards; and29 (4) Increase transparency in the operation of detention facili ties while avoiding direct30 regulation of the federal government by state or local entities.31 SECTION 3.32 Article 1 of Chapter 2A of Title 31 of the Official Code of Geo rgia Annotated, relating to33 general provisions regarding the Department of Public Health, is amended by revising Code34 Section 31-2A-14, which is reserved, as follows:35 "31-2A-14.36 (a) As used in this Code section, the term:37 (1) 'Detainee' means a noncitizen who is held in a detention facility pending immigration38 proceedings or removal from the United States.39 (2) 'Detention facility' means any facility located in this state that holds detainees.40 H. B. 1401 - 2 - 26 LC 63 0108 (3) 'Federal detention standards' means the national detention standards published by41 United States Immigration and Customs Enforcement, as revised in 2025.42 (4) 'Third-party auditor' means an independent nonprofit corporation or other accredited43 body experienced in the oversight of detention centers and federal detention standards.44 (b) By October 1, 2026, the department shall:45 (1) Establish audit criteria for detention facilities and the treatment of detainees based46 on federal detention standards. Such criteria shall address:47 (A) Health care and medical care;48 (B) Sanitation and living conditions;49 (C) Use of force and restraints;50 (D) Access to legal counsel;51 (E) Access to communication;52 (F) Grievance procedures; and53 (G) Overall compliance with federal detention standards.54 (2) Select a third-party auditor to conduct an annual audit of each detention facility.55 (c)(1) An annual audit performed pursuant to this Code section shall include:56 (A) A written report that outlines the detention facility's ar eas of compliance and57 deficiencies using the criteria established by the department under subsection (b) of this58 Code section;59 (B) Written recommendations for any corrective action; and60 (C) A summary of the annual audit which shall protect the identity of any detainees.61 (2) A copy of each annual audit under paragraph (1) of this subsection shall be provided62 to the Governor, the Speaker of the House of Representatives, the President of the Senate,63 and the Attorney General.64 (3) All annual audit summaries prepared under subparagraph (C) of paragraph (1) of this65 subsection and aggregate data prepared by the department showin g compliance trends66 H. B. 1401 - 3 - 26 LC 63 0108 based on the annual audits performed pursuant to this Code section shall be published on67 the department's website.68 (d) A detention facility shall grant to any third-party audito r selected by the department69 to perform an annual audit under this Code section sufficient access to the detention facility70 to enable such auditor to perform the annual audit.71 (e)(1) If an annual audit of a detention facility reveals that such facility has substantial72 and ongoing noncompliance with federal detention standards and poses a risk to the73 health and safety of detainees of such facility, the state shall be authorized to:74 (A) Withhold state funding and services from the detention facility;75 (B) Prohibit or limit agreements between local law enforcement agencies and the76 federal government that would place detainees in further harm; and77 (C) Withhold state licenses or permits from the detention facility; provided, however,78 that the state shall not withhold any licenses or permits in the exclusive control of the79 federal government.80 (2) Any action taken pursuant to paragraph (1) of this subsect ion shall be based on81 written findings of the department, which shall include the spe cific deficiencies and82 compliance issues documented in the detention facility's annual audits.83 (f) Nothing in this Code section shall be construed as requiri ng state or local law84 enforcement agencies to assist the federal government beyond the enforcement of federal85 detention standards.86 (g) The department shall promulgate such rules and regulations as may be necessary to87 carry out the provisions of this Code section. Reserved."88 SECTION 4.89 All laws and parts of laws in conflict with this Act are repealed.90 H. B. 1401 - 4 -