California must wait for federal decision on private prisons

This file photo shows the privately run Trousdale Turner Correctional Center in Hartsville, Tenn. The Justice Department’s decision to phase out it’s private prisons is a welcome move that raises questiosn about all private detention facilities. There has always been a concern over whether profit is synonymous with high standards when it comes to prisons. less This file photo shows the privately run Trousdale Turner Correctional Center in Hartsville, Tenn. The Justice Department’s decision to phase out it’s private prisons is a welcome move that raises questiosn ... more Photo: Mark Humphrey /Associated Press Photo: Mark Humphrey /Associated Press Image 1 of / 3 Caption Close California must wait for federal decision on private prisons 1 / 3 Back to Gallery

California lawmakers will have to wait until next year to curb the use of private prisons to hold thousands of immigrants awaiting federal deportation hearings.

About 3,700 immigrants under federal detention orders are being held in corporate-owned prisons under contracts with four California cities: Bakersfield, San Diego, Adelanto (San Bernardino County) and Calexico (Imperial County). Amid government findings of safety and security problems at private prisons, the Legislature passed SB1289, which would have prohibited such contracts starting in 2018, but Gov. Jerry Brown vetoed it.

In his veto message, issued Sept. 28, Brown said he had been troubled by reports of unsatisfactory conditions and limited access to attorneys at the private lockups. But he noted that the U.S. Department of Homeland Security had also expressed concern and was scheduled to issue recommendations in November on whether the government should continue housing immigration detainees in private prisons.

“These actions indicate that a more permanent solution to this issue may be at hand,” Brown said. “I urge the federal authorities to act swiftly.”

The action followed the U.S. Justice Department’s announcement in August that it would start phasing out its use of private prisons, which now hold 22,600 inmates sentenced for federal crimes. But tens of thousands of state prisoners, including 10,700 from California, will remain in private facilities.

California has transferred inmates to privately owned prisons for more than five years to relieve overcrowding in state prisons. About 5,900 are in California and the rest are in Arizona and Mississippi. Brown’s administration says it hopes to end the practice by reducing the overall prison population.

SB1289, by Sen. Ricardo Lara, D-Bell Gardens (Los Angeles County), applied only to the use of private prisons for immigration detainees, most of whom are held because of criminal convictions while awaiting deportation proceedings. A majority are held in local jails, but some cities have contracted with private companies. The bill would have barred local governments from signing or renewing private contracts, starting in 2018, and also would have required the four current prisons to respect inmates’ legal rights.

Lara said his legislation would have “ended the practice of profiting off of human suffering,” and he was disappointed by the veto. But he said he was encouraged by the federal developments and hoped the Obama administration would end the use of private immigration prisons nationwide.

Bob Egelko is a San Francisco Chronicle staff writer. Email: begelko@sfchronicle.com Twitter: @egelko