Immunity to the Department of Corrections

I have talked about how the legislature grants immunity to special interests, so that they cannot be reached by consumers. When is was discovered that defective materials were commonly employed in the construction of condominiums, the legislature’s response was to pass a law saying that condominium owners had no recourse against anyone in the construction industry if the damage did not appear within four years of the time the condominium got its final permit, thereby eliminating numerous claims for massive repair bills. The major beneficiary of this was the insurance industry which would have had to pay, as the insurer of the builders and suppliers, but which does not have to pay as the insurer of the condominium owners because condominium policies have an exclusion that gets them out.

State Senator Mike Carrell has introduced a bill to grant virtual immunity to the Department of Correstions because of the Department’s liability for negligently releasing felons into the community. This is rather ironic given the publicity given to legislative efforts to provide financial assistance to victims of crimes. The bill is SB6401.


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