Senate BillPassed first houseHealth and Safety
SB 995: Involuntary residential facilities: health and safety inspections.
What SB 995 does, verified August 15, 2026
<p>The Masuma Khan Justice Act authorizes the California Department of Public Health to inspect involuntary residential facilities, defined as those housing over 50 individuals overnight with restricted entry and exit, for sanitary, hygienic, and safe conditions. Inspections can be conducted without notice under certain circumstances, and operators must provide access and correct any violations identified within a specified timeframe or face administrative penalties.</p> <p>The department is required to submit inspection reports to the legislature within 30 days of completion and develop measurable standards for facility compliance through consultation with relevant organizations. The act also allows the department to refer violations to the attorney general, who can seek declaratory or injunctive relief in civil actions.</p>
Bill journey
✓IntroducedComplete
✓In CommitteeComplete
✓First Chamber FloorComplete
4Second ChamberCurrent
5GovernorPending
6ChapteredPending
Last action: August 13 hearing: Held in committee and under submission. (2026-08-13)Alert me
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| Aug. 13, 2026 | August 13 hearing: Held in committee and under submission. |
| Aug. 05, 2026 | August 5 set for first hearing. Placed on suspense file. |
| Jul. 02, 2026 | Read second time and amended. Re-referred to Com. on APPR. |
| Jul. 01, 2026 | From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (June 30). |
| Jun. 17, 2026 | From committee: Do pass and re-refer to Com. on JUD. (Ayes 14. Noes 0.) (June 16). Re-referred to Com. on JUD. |
Latest bill textAmended version, July 2, 2026 · 2,436 words
| Amended IN Assembly July 02, 2026 |
| Amended IN Senate May 14, 2026 |
| Amended IN Senate April 16, 2026 |
| Amended IN Senate April 06, 2026 |
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
Senate Bill
No. 995
| Introduced by Senator Pérez (Principal coauthor: Senator Rubio) (Principal coauthors: Assembly Members Gipson and Mark González) (Coauthors: Senators Reyes and Wiener) (Coauthors: Assembly Members Addis, Bennett, Bonta, Connolly, Kalra, |
February 05, 2026 |
An act to add Part 7 (commencing with Section 19998) to Division 13 of the Health and Safety Code, relating to public health. health, and declaring the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 995, as amended, Pérez. Involuntary residential facilities: health and safety inspections.
Existing law requires the operator of a private detention facility, as defined, to comply with, and adhere to, the detention standards of care and confinement agreed upon in the facility’s contract for operations, as specified. Existing law requires a private detention facility operator to comply with, and adhere to, all local and state public health orders and occupational safety and health regulations.
This bill, the Masuma Khan Justice Act, would authorize the State Department of Public Health to inspect an involuntary residential facility, defined as a facility that houses more than 50 individuals overnight, restricts residents’ ability to enter or leave, as specified, and provides specified onsite services, for the limited purpose of ensuring sanitary, hygienic, and safe conditions, using standards and inspection protocols consistent with those applied to licensed residential health facilities. The bill would authorize unnoticed inspections under specified conditions. The bill would require the department, within 30 days of completing an inspection, to submit a report to the Legislature.
The bill would require the operator of a facility to provide access to the department for an inspection described above, to maintain all records necessary to demonstrate compliance with the above-described standards, and to correct any violation identified by the department, as specified. The bill would make a violation of the above-described requirements by an operator of a facility, after appropriate notice and an opportunity for a hearing, subject to an administrative penalty, as specified, per violation per day. If an operator fails to correct a violation within the time specified in the citation, the bill would authorize the department to issue a safety warning that identifies the uncorrected condition and requires prompt corrective action by the operator. The bill would authorize the department to refer violations to the Attorney General, and would authorize the Attorney General to bring a civil action for declaratory or injunctive relief.
The bill would require the department to adopt rules and regulations to ensure that all involuntary residential facilities comply with measurable standards for sanitary, hygienic, and safe conditions and would require the department to consult with specified organizations in the development of these standards.
The bill would require the department to implement the above-described provisions in a manner that avoids unnecessary duplication of existing state or local health and safety oversight, as specified.
The bill would declare that its provisions are severable.
The bill would make related findings and declarations.
The bill would declare that it is to take effect immediately as an urgency statute.
The people of the State of California do enact as follows:
SECTION 1.
Part 7 (commencing with Section 19998) is added to Division 13 of the Health and Safety Code, to read:PART 7. Involuntary Residential Facilities
CHAPTER 1. General Provisions and Definitions
19998.
This part shall be known, and may be cited, as the Masuma Khan Justice Act.19998.1.
The Legislature finds and declares all of the following:(a) The State of California has a compelling interest in protecting the health, safety, and welfare of individuals residing in involuntary residential environments.
(b) Facilities that house large numbers of individuals in restricted settings present heightened risks related to fire safety, structural integrity, sanitation, infectious disease, environmental hazards, and worker safety.
(c) The state has long exercised its police powers to regulate building safety, public health, environmental compliance, and professional licensing, and these powers apply to all facilities operating within the state, regardless of ownership or contracting entity.
(d) This part establishes neutral, generally applicable standards for health and safety inspections of involuntary residential facilities.
(e) Nothing in this part is intended to regulate detention operations, security procedures, classification of residents, or any other function reserved to federal, state, or local governmental agencies.
19998.2.
For the purposes of this part, the following terms have the following meanings:(a) “Class AA violation” means a violation that is a substantial factor in causing a death.
(b) “Class A violation” means a violation that poses an imminent risk of death or serious harm.
(c) “Class B violation” means a violation that has a direct or immediate relationship to health or safety but does not constitute a class A or class AA violation.
(d) (1) “Involuntary residential facility” means a facility that meets all of the following criteria:
(A) Houses 50 or more individuals overnight.
(B) Restricts residents’ ability to enter or leave the facility at will, regardless of the legal authority under which the individual is housed.
(C) Provides onsite food service, medical care, mental health services, or residential supervision.
(2) “Involuntary residential facility” includes, but is not limited to, a secure state hospital, civil commitment facility, or a secure residential treatment program, to the extent the facility meets the criteria described in this subdivision.
(3) “Involuntary residential facility” does not include a facility that is a state prison, as listed in Section 5003 of the Penal Code, or a local detention facility, as defined in Section 6031.4 of the Penal Code.
(4) “Involuntary residential facility” does not include a juvenile facility, as defined in Section 208.55 of the Welfare and Institutions Code, that is operated by a local government, except for a secure youth treatment facility operated pursuant to Section 875 of the Welfare and Institutions Code, including a secure youth treatment facility that is located within or operated in conjunction with a juvenile facility. This paragraph does not authorize the inspection of any part of a juvenile facility that is not a secure youth treatment facility.
(e) “Operator” means any person, corporation, partnership, nonprofit organization, or other entity that owns, leases, manages, or operates an involuntary residential facility.
(f) “Resident” means any individual housed in an involuntary residential facility, regardless of legal status, custody status, or reason for placement.
(g) “Unreasonably interfere” means conduct that materially disrupts or impedes facility operations or security functions beyond what is necessary to carry out an inspection authorized by this part.
19998.3.
This part shall be implemented by the State Department of Public Health in a manner that avoids unnecessary duplication of existing state or local health and safety oversight. In carrying out inspections pursuant to this part, the department may consider prior inspections, certifications, and compliance findings, when appropriate. In determining its inspection priorities, the department may consider whether a facility has already been inspected by the department as part of its regulatory oversight of licensed or certified facilities.CHAPTER 2. Inspection Authority
19998.4.
Notwithstanding any other law, the State Department of Public Health may inspect an involuntary residential facility for the limited purpose of ensuring sanitary, hygienic, and safe conditions, using standards and inspection protocols consistent with those applied to residential health facilities licensed under Division 2 (commencing with Section 1200) and may enforce penalties for any violations. This section does not require licensure under Division 2 or to otherwise subject an involuntary residential facility to the regulatory scheme applicable to facilities licensed under that division.19998.5.
(a) The State Department of Public Health may conduct inspections for any of the purposes described in Section(b) (1) Inspections conducted pursuant to this part shall be carried out in a manner that does not unreasonably interfere with facility operations or any federal, state, or local law enforcement or security functions.
(2) In determining whether an inspection unreasonably interferes with operations or security functions, relevant factors may include, but are not limited to, all of the following:
(A) Whether the inspection delays or obstructs emergency response or time-sensitive security operations.
(B) Whether the inspection requires access to areas used exclusively for security operations, except as otherwise authorized by this part.
(C) Whether the inspection imposes requirements that are inconsistent with applicable security procedures or legal obligations.
(D) Whether the inspection can be reasonably accommodated through scheduling, coordination, or alternative means without compromising the purposes of this part.
(c) In exercising its authority under this part, the department shall utilize the inspection and citation protocols described in Chapter 2.4 (commencing with Section 1417) of Division 2, including the issuance of class AA, class A, and class B citations.
19998.6.
(a) Internal security protocols shall not be used to deny inspectors access to any area where residents are housed, fed, or receive medical care. However, the department shall comply with reasonable security procedures necessary to ensure safety and facility operations.(b) This section does not prohibit the review of deidentified or aggregate health, safety, or incident records reasonably necessary to assess compliance with this part, if the review is conducted in a manner that protects resident privacy. Those records may include, but are not limited to, aggregate or deidentified data relating to injury rates, the number of incidents involving the use of force or restraints, infectious disease, hospitalizations, and mortality.
(c) If, during an inspection conducted pursuant to this part, the department identifies conditions that may fall within the jurisdiction of another agency, the department shall refer those conditions to the appropriate state or local agency with jurisdiction over the facility for further review or action.
(d) A referral made pursuant to this section does not expand the authority of the department beyond the scope of this part and does not authorize the department to enforce laws or regulations outside its jurisdiction.
19998.7.
(a) Within 30 days of completing an inspection pursuant to this chapter, the department shall prepare a written report of its findings and shall transmit the report to the Legislature.(b) A report submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.
CHAPTER 3. Operator Duties
19998.8.
(a) An operator shall provide access to the department for an inspection authorized pursuant to this part.(b) An operator shall maintain all records necessary to demonstrate compliance with applicable health and safety standards, including the standards adopted pursuant to Section 19998.9, 19998.10, and shall make those records available to the department upon request.
(c) An operator shall correct any violation identified by the department within the timeframes established by the department.
CHAPTER 4. Enforcement
19998.9.
(a) (1) An operator that violates any provision of this part or a regulation adopted pursuant to this part, after appropriate notice and an opportunity for a hearing, is subject to an administrative penalty in an amount not to exceed the following:(A) Twenty-five thousand dollars ($25,000) for a class AA violation.
(B) Ten thousand dollars ($10,000) for a class A violation.
(C) One thousand dollars ($1,000) for a class B violation.
(2) Each day a violation remains uncorrected may constitute a separate violation.
(b) (1) If an operator fails to correct a violation within the time specified in a citation issued pursuant to this part, the department may issue a safety warning that identifies the uncorrected condition and require prompt corrective action by the operator.
(2) A safety warning issued pursuant to this subdivision is an administrative notice issued as part of, and subordinate to, the citation and enforcement framework described in Chapter 2.4 (commencing with Section 1417) of Division 2.
(3) A safety warning does not constitute a separate violation, but may be considered in determining compliance status and the need for further enforcement action under Division 2 (commencing with Section 1200).
(c) (1) The department may refer violations of this part to the Attorney General.
(2) The Attorney General may bring a civil action for declaratory or injunctive relief to compel abatement of a hazard described in this part.
CHAPTER 5. Miscellaneous Provisions
19998.10.
(a) The State Department of Public Health shall adopt rules and regulations necessary to implement this part. These regulations shall ensure that all involuntary residential facilities comply with measurable standards for sanitary, hygienic, and safe conditions.(b) Regulations adopted pursuant to subdivision (a) shall establish objective, measurable standards for all involuntary residential facilities to ensure the health and safety of residents, including, but not limited to, all of the following:
(1) Standards for personal hygiene, laundry services, and the frequency of cleaning; and measurable metrics for vector and pest control, plumbing integrity, and the maintenance of sanitary common areas.
(2) Minimum requirements for indoor air quality, ventilation, and ambient temperature control to prevent heat-related illness or respiratory distress.
(3) Requirements for potable water access and dietary caloric intake, including the provision of medically necessary diets for individuals with conditions requiring dietary modification, such as diabetes, cardiovascular disease, or other clinically indicated conditions, and reasonable accommodations for religious dietary requirements.
(4) Protocols for the screening, isolation, and treatment of communicable diseases.
(5) Standards to prevent and respond to physical harm to residents and staff, including, but not limited to, all of the following:
(A) Requirements governing the safe application of physical restraints to minimize the risk of injury.
(B) Requirements for mandatory medical evaluation and appropriate care following any incident involving the use of physical force or restraint.
(C) Documentation and reporting of incidents involving physical force or restraint.
(D) Staff training in de-escalation and safe intervention techniques.
(E) Workplace violence prevention measures consistent with occupational safety and health standards.
(c) In developing the standards described in this section, the department shall consult with stakeholders, including civil rights advocates, public health experts, and organizations representing the interests of persons held in involuntary residential facilities.
19998.11.
The provisions of this part are severable. If any provision or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.SEC. 2.
This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to ensure the prompt inspection of involuntary residential facilities and the timely identification and correction of conditions that pose imminent risk to the health and safety of residents, staff, and surrounding communities, including loss of life, it is necessary that this act take effect immediately.
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