Today's Law As Amended


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SB-334 Detention facilities: contracts.(2021-2022)



As Amends the Law Today


SECTION 1.

 Section 679.75 is added to the Insurance Code, to read:

679.75.
 To reduce underwriting risk and ensure solvency, an insurer providing insurance coverage pertaining to a private detention facility, as defined in subdivision (b) of Section 9500 of the Penal Code, may consider whether the private detention facility complies with all of the requirements of Section 9506 of the Penal Code as part of the insurer’s loss control program.

SEC. 2.

 Section 9506 is added to the Penal Code, to read:

9506.
 (a) A private detention facility responsible for the custody and control of a prisoner or a civil detainee shall comply with all of the following requirements:
(1) The private detention facility shall comply with all appropriate state and local building, zoning, health, safety, and fire statutes, ordinances, and regulations, and with the minimum jail standards established by regulations adopted by the Board of State and Community Corrections, as set forth in Subchapter 4 (commencing with Section 1000) of Chapter 1 of Division 1 of Title 15 of the California Code of Regulations.
(2) The private detention facility shall select and train its personnel in accordance with selection and training requirements adopted by the Board of State and Community Corrections as set forth in Subchapter 1 (commencing with Section 100) of Chapter 1 of Division 1 of Title 15 of the California Code of Regulations.
(3) The private detention facility shall maintain the following insurance coverages, which shall be obtained from an admitted insurer:
(A) General liability, including directors’ and officers’ liability, medical professional liability, and liability for civil rights violations, with minimum coverage limits of not less than five million dollars ($5,000,000) per occurrence and twenty-five million dollars ($25,000,000) in aggregate. The policy shall require the private detention facility to comply with the requirements of paragraphs (1) and (2) and this paragraph, and to provide the insurer and Insurance Commissioner with an initial compliance report and subsequent annual compliance updates.
(B) Automobile liability, with minimum coverage limits of not less than five million dollars ($5,000,000) per occurrence. The policy shall require the private detention facility to comply with the requirements of paragraphs (1) and (2) and this paragraph, and to provide the insurer and Insurance Commissioner with an initial compliance report and subsequent annual compliance updates.
(C) Umbrella liability, with minimum coverage limits of not less than twenty-five million dollars ($25,000,000) per occurrence and twenty-five million dollars ($25,000,000) in aggregate. The policy shall require the private detention facility to comply with the requirements of paragraphs (1) and (2) and this paragraph, and to provide the insurer and Insurance Commissioner with an initial compliance report and subsequent annual compliance updates.
(D) Workers’ compensation as required by law. Notwithstanding subdivision (b) of Section 3700 of the Labor Code, self-insurance does not satisfy this requirement. The policy shall require the private detention facility to comply with the requirements of paragraphs (1) and (2) and this paragraph, and to provide the insurer and Insurance Commissioner with an initial compliance report and subsequent annual compliance updates.
(b) (1) This section shall not apply to facilities identified in Section 9502.
(2) Notwithstanding paragraph (1), this section shall apply to a private detention facility that provides vocational, medical, or other ancillary services to an inmate, and wherein inmates are regularly confined for time periods greater than 10 consecutive hours.
(c) This section shall not create any additional authority or responsibility on the part of the Board of State and Community Corrections or Department of Corrections and Rehabilitation. The Board of State and Community Corrections and Department of Corrections and Rehabilitation shall neither be required, nor are authorized to, expend any funds, or incur any expenses as a result of this section.
SEC. 3.
 The provisions of this act are severable. If any provision of this act 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.