Opinion No. (1999)

BILL LOCKYER Attorney General GREGORY L. GONOT Deputy Attorney General THE HONORABLE PHILLIP S. CRONIN, COUNTY COUNSEL, COUNTY OF FRESNO, has requested an opinion on the following questions: 1. May federal inmates and detainees be placed in custody in privately operated detention facilities in California? 2. May prisoners from other states be placed in custody in privately operated detention facilities in California? 3. Does a sheriff have the responsibility for responding to incidents or complaints at privately operated detention facilities housing federal inmates and detainees? 4. May a county contract with private operators of detention facilities housing federal inmates and detainees under terms requiring the operators to reimburse the county for the costs of the sheriff's response actions undertaken with respect to incidents or complaints at the facilities? CONCLUSIONS 1. Federal inmates and detainees may be placed in custody in privately operated detention facilities in California. 2. Prisoners from other states may not be placed in custody in privately operated detention facilities in California. 3. A sheriff has the responsibility for responding to incidents and complaints…