Bill > HB1401

This bill mandates that the Georgia Department of Public Health (DPH) establish a system for third-party audits of detention facilities within the state that house federal immigration detainees, referred to as "detainees" in the bill. These audits, to be conducted annually by an independent "third-party auditor" (defined as an experienced nonprofit or accredited body), will assess compliance with "federal detention standards," which are the national standards set by U.S. Immigration and Customs Enforcement (ICE), with a specific mention of the 2025 revision. The audit criteria will cover crucial areas such as healthcare, living conditions, use of force, access to legal counsel and communication, and grievance procedures. The results of these audits, including reports and recommendations, will be provided to state leadership and published online, with detainee identities protected. If an audit reveals substantial and ongoing noncompliance that poses a risk to detainees, the state can take actions like withholding state funding, services, or licenses from the facility, and can also limit local agreements that would place more detainees in harmful conditions, though state actions cannot interfere with licenses exclusively controlled by the federal government. The bill also clarifies that this does not require state or local law enforcement to assist the federal government beyond enforcing these federal detention standards, and the DPH is empowered to create necessary rules and regulations.

Health and Social Services

https://www.legis.ga.gov/legislation/73443