Detention facilities: contracts.
Summary
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 authorize an insurer providing insurance to consider whether the private detention facility 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.
Bill status
signed
all 5 stages cleared
Introduction
Feb 2021
Committee Review
Jul 2021
Senate Passage
May 2021
Assembly Passage
Sep 2021
Signed into Law
Sep 2021
Introduced Feb 8, 2021
Signed Sep 24, 2021
Floor votes · Senate May 24, 2021 · Assembly Sep 8, 2021
How they voted
28–8
Passed · 1 other
Total votes 37
May 24, 2021
D
Democratic29
96% Yea
R
Republican8
100% Nay
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
34
Key actions
14
Committee
7
Amendments
7
Sep 24, 2021
Signed into law
Approved by the Governor.
legislature
Sep 9, 2021
Upper · Passed
Assembly amendments concurred in. (Ayes 29. Noes 9. Page 2547.) Ordered to engrossing and enrolling.
upper
Sep 8, 2021
Introduced
In Senate. Concurrence in Assembly amendments pending.
upper
Sep 8, 2021
Lower · Passed
Read third time. Passed. (Ayes 61. Noes 14. Page 2883.) Ordered to the Senate.
lower
Sep 2, 2021
Lower · Passed
Read third time and amended.
lower
Jul 14, 2021
Lower · Passed
From committee: Do pass. (Ayes 6. Noes 2.) (July 13).
lower
Jun 28, 2021
Lower · Passed
Read second time and amended. Re-referred to Com. on PUB. S.
lower
Jun 24, 2021
Lower · Passed
From committee: Do pass as amended and re-refer to Com. on PUB. S. (Ayes 12. Noes 1.) (June 24).
lower
May 28, 2021
Committee
Referred to Coms. on INS. and PUB. S.
lower
May 24, 2021
Upper · Passed
Read third time. Passed. (Ayes 30. Noes 9. Page 1236.) Ordered to the Assembly.
upper
May 19, 2021
Upper · Passed
Read third time and amended.
upper
May 10, 2021
Upper · Passed
From committee: Be ordered to second reading pursuant to Senate Rule 28.8.
upper
Apr 21, 2021
Upper · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 2. Page 859.) (April 20). Re-referred to Com. on APPR.
upper
Apr 12, 2021
Upper · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
upper
Apr 7, 2021
Upper · Passed
April 13 hearing postponed by committee.
upper
Mar 25, 2021
Upper · Passed
From committee: Do pass and re-refer to Com. on JUD. (Ayes 8. Noes 1. Page 634.) (March 25). Re-referred to Com. on JUD.
upper
Feb 17, 2021
Committee
Referred to Coms. on INS. and JUD.
upper
Feb 8, 2021
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
1 primary · 7 co-sponsors
Sponsors
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