Planning and zoning: detention facilities

Cities and counties may no longer use land-use approvals to allow privately operated facilities that hold people for criminal, civil, or administrative detention. The rule applies statewide, including charter cities.

What the law does ​

• Prohibits cities and counties from approving land uses that authorize construction of a detention facility.
• Prohibits cities and counties from approving conversion of an existing building into a detention facility.
• Defines a detention facility as a temporary or permanent structure operated by a private entity for a government entity to temporarily hold people charged with crimes or held for civil or administrative purposes.
• Leaves government authority to enforce laws and decide whether a person may be detained unchanged.

Who it affects ​

• Cities and counties making zoning, land-use, and change-of-use decisions.
• Private entities seeking to operate detention facilities for governmental entities.
• Governmental entities that use privately operated detention facilities.

Context ​

The Legislature treats regulation of private detention facilities as a statewide land-use matter, including in charter cities.