Bill Text


PDF |Add To My Favorites |Track Bill | print page

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

SHARE THIS:share this bill in Facebookshare this bill in Twitter
Date Published: 06/28/2021 10:00 AM
SB334:v96#DOCUMENT

Amended  IN  Assembly  June 28, 2021
Amended  IN  Senate  May 19, 2021
Amended  IN  Senate  April 12, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 334


Introduced by Senator Durazo
(Coauthors: Senators Gonzalez, Hueso, and Wiener)
(Coauthors: Assembly Members Robert Rivas and Santiago)

February 08, 2021


An act to add Section 679.75 to the Insurance Code, and to add Section 9506 to the Penal Code, relating to detention facilities.


LEGISLATIVE COUNSEL'S DIGEST


SB 334, as amended, Durazo. Detention facilities: contracts.
Existing law establishes the Board of State and Community Corrections to promote effective state and local efforts and partnerships in California’s adult and juvenile criminal justice system and requires the board to inspect each local detention facility in the state biennially. Existing law requires a privately operated local detention facility responsible for the custody and control of a local prisoner to operate pursuant to a contract with the city, county, or city and county, as appropriate. Existing law requires each contract to include a provision whereby the private agency or entity agrees to operate in compliance with all appropriate state and local building, zoning, health, safety, and fire statutes, ordinances, and regulations, and with specified minimum jail standards established by regulations adopted by the board. Existing law provides that the failure of a privately operated local detention facility to comply with the appropriate health, safety, and fire laws, or with the minimum jail standards adopted by the board may be grounds for the termination of the contract. Under existing law, private detention facilities are generally prohibited, except for those operating pursuant to a valid contract in effect before January 1, 2020, as specified.
This bill would require a private detention facility responsible for the custody and control of a prisoner or civil detainee to operate in compliance with these standards and to maintain specified insurance coverages, including general, automobile, and umbrella liability, and workers’ compensation. The bill would require authorize an insurer providing insurance to require consider whether the private detention facility to comply with the standards and to notify the director of the facility and the Insurance Commissioner of deficiencies and that the insurance contract will be canceled if the deficiencies are not corrected within 60 days, among other duties. The bill would state that it does not apply to specified detention facilities. The bill would state that it complies with prescribed standards. The bill would exempt identified detention facilities from specified provisions, and would provide that the bill does not create any additional authority or responsibility for the Board of State and Community Corrections and Department of Corrections and Rehabilitation, as specified. The bill would make provisions of the act severable.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YESNO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.Section 679.75 is added to the Insurance Code, to read:
679.75.

(a)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, shall require all of the following:

(1)That the private detention facility fully comply with all of the requirements of Section 9506 of the Penal Code.

(2)That the private detention facility provide the insurer and the commissioner with an initial compliance report within 60 days of obtaining coverage and provide quarterly updates thereafter.

(b)(1)If the insured is not in compliance with the requirements of Section 9506 of the Penal Code, or with the requirements of this section, the insurer shall notify the director of the private detention facility and the commissioner of the deficiencies and that the insurance contract will be canceled if the identified deficiencies are not corrected within 60 days.

(2)If the insured has received notice of deficiencies pursuant to paragraph (1) and has not remedied the identified deficiencies within the statutory period, the insurer shall cancel the insurance contract.

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 comply with, and adhere to, the detention standards of care and confinement agreed upon in the facility’s contract for operations, which and these standards shall meet or exceed the standards set forth in paragraphs (1) and (2).
(4) 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.
(i) Any governmental entity with which the private detention facility has a contract to provide detention services shall be included as a named an additional insured on the policy.
(ii) The policy shall require the private detention facility to comply with the requirements of paragraphs (1), (2), (3), and (4), (1) to (3), inclusive, and this paragraph, and to provide the insurer and Insurance Commissioner with an initial compliance report and subsequent quarterly compliance updates as required by Section 679.75 of the Insurance Code, and grant the insurer the rights of notice and termination if compliance is not maintained as required. annual compliance updates.
(B) Automobile liability, with minimum coverage limits of not less than five million dollars ($5,000,000) per occurrence. The city, county, or city and county, as appropriate, shall be included as a named insured on the policy.
(i) Any governmental entity with which the private detention facility has a contract to provide detention services shall be included as a named an additional insured on the policy.
(ii) The policy shall require the private detention facility to comply with the requirements of paragraphs (1), (2), (3), and (4), (1) to (3), inclusive, and this paragraph, and to provide the insurer and Insurance Commissioner with an initial compliance report and subsequent quarterly compliance updates as required by Section 679.75 of the Insurance Code, and grant the insurer the rights of notice and termination if compliance is not maintained as required. 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 state, city, county, or city and county, as appropriate, shall be included as a named insured on the policy.
(i) Any governmental entity with which the private detention facility has a contract to provide detention services shall be included as a named an additional insured on the policy.
(ii) The policy shall require the private detention facility to comply with the requirements of paragraphs (1), (2), (3), and (4), (1) to (3), inclusive, and this paragraph, and to provide the insurer and Insurance Commissioner with an initial compliance report and subsequent quarterly compliance updates as required by Section 679.75 of the Insurance Code, and grant the insurer the rights of notice and termination if compliance is not maintained as required. 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.
(i) Any governmental entity with which the private detention facility has a contract to provide detention services shall be included as a named an additional insured on the policy.
(ii) The policy shall require the private detention facility to comply with the requirements of paragraphs (1), (2), (3), and (4), (1) to (3), inclusive, and this paragraph, and to provide the insurer and Insurance Commissioner with an initial compliance report and subsequent quarterly compliance updates as required by Section 679.75 of the Insurance Code, and grant the insurer the rights of notice and termination if compliance is not maintained as required. 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.