HB 2602

This bill requires a local law enforcement agency that detains a person pursuant to a federal detention agreement to disclose, upon request, the full legal name, date of birth, date of intake into the local detention facility, and the name and location of the detention facility in which the person is housed concerning a detained person . Such disclosure must be made to (i) t he detained person , ( ii ) a n attorney representing or seeking to represent the detained person , ( iii ) a n immediate family member of the detained person , and ( iv) a court of competent jurisdiction. This bill generally requires such a disclosure to be made no later than 24 hours from receipt of the request. However, a local law enforcement agency may temporarily withhold disclosure only upon a specific, articulable determination that disclosure would pose an imminent threat to the safety of the detained person or others. Any such determination must be documented in wr iting and made available for judicial review. ACCESS AFFORDED TO DETAINED PERSONS This bill requires a detained person held pursuant to a federal detention agreement to be afforded ( i ) r easonable access to confidential in-person and remote visits with legal counsel , (ii ) r easonable access to telephone communication for legal purposes , and (iii ) a ccess to family or personal visits consistent with the policies generally applicable to other persons held in the same detention facility. Such access must not be more restrictive than access afforded to other detained persons in the facility w ho are not held pursuant to a federal detention agreement. RETALIATION PROHIBITED This bill prohibits a local law enforcement agency or its employees or officers from retaliat ing against a detained person for r equesting disclosure s under this bill; s eeking access to legal counsel or family; or f iling, assisting, or seeking assistance with a legal action related to detention or conditions of confinement. VIOLATIONS – REMEDIES This bill authorizes a detained person, or an attorney acting on the detained person's behalf, to seek declaratory or injunctive relief in a court of competent jurisdiction for a violation of this bill. A prevailing plaintiff may be awarded reasonable attorneys' fees and costs.