Detention Facility Moratorium

At a glance

What: An interim ordinance pausing applications to establish, expand or change the use of detention and custodial facilities on private and public property, to the extent state and federal law allow.
Where it stands: Ordinance ORD31353 adopted September 29, 2026 on a motion by Councilmember Ortiz, seconded by Councilmember Doan, 10-0-1 (Mayor Mahan absent). It needed nine affirmative votes under Government Code section 65858(b).
Next: The minutes do not give the moratorium's length or any extension date; check the ordinance text.

Sponsors and process

Sponsored by Mayor Mahan, Councilmember Campos, Councilmember Ortiz, Councilmember Doan and Councilmember Candelas. It came from a Rules Committee referral of August 12, 2026 and was held over from September 15, 2026.

Public comment

Brian Darby, Raania Mohsen and three other speakers (one in person, two virtual) spoke; the minutes record no positions.

Vote

Adopted 10-0-1 with Mayor Mahan absent, more than the nine votes the statute requires. The ordinance includes certain exemptions and findings; the minutes do not list them.

Sources

City Council minutes, September 29, 2026: https://sanjose.legistar.com/View.ashx?M=M&ID=1423868&GUID=41519D35-C66F-4C8A-94B9-E0461B3C0025