The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend the Penal Code to add certain facilities used for housing persons in violation of the federal Immigration and Nationality Act under the definition of correctional facilities as it relates to the offense of violation of the civil rights of persons in custody. Violation of the civil rights of persons in custody is currently punishable as a state jail felony or a second degree felony, depending on the circumstances of the offense.

A second degree felony is punishable by confinement in prison for two to 20 years and a state jail felony is punishable by confinement in a state jail for 180 days to two years.  In addition to confinement all felony level offenses are subject to an optional fine not to exceed $10,000.

In fiscal year 2014, 22 people were arrested, fewer than 10 were placed under felony supervision, and fewer than 10 were admitted to state correctional institutions for the offense of violation of the civil rights of persons in custody. The bill's provisions would expand the types of correctional facilities subject to this offense to certain facilities used for housing persons in violation of the federal Immigration and Nationality Act. However, this analysis assumes this expanded definition of correctional facilities would not significantly impact state correctional populations, programs, or workloads.