2005 California Penal Code Sections 7000-7016 CHAPTER 11. MASTER PLAN CONSTRUCTION

7000.  (a) The Department of Corrections shall prepare plans for,
and construct facilities and renovations included within, its master
plan for which funds have been appropriated by the Legislature.
   (b) "Master plan" means the department's "Facility Requirements
Plan," dated April 7, 1980, and any subsequent revisions.
7001.  Any power, function, or jurisdiction for planning or
construction of facilities or renovations pursuant to the master plan
which is conferred by statute upon the Department of General
Services shall be deemed to be conferred upon the department.
7002.  The department may transfer the responsibility for
undertaking any aspect of the master plan to the Department of
General Services or the Office of the State Architect which, upon
such transfer, shall perform those functions with all deliberate
speed.
7003.  (a) For each facility included within its master plan, at
least 30 days prior to submission pursuant to subdivision (b), the
department shall submit the site plans and project planning guide
which is to include preliminary staffing ratios, to the Joint
Legislative Committee on Prison Construction and Operation for
review.
   The chairman may request a longer period of review if necessary
for the committee and if feasible for compliance by the department.
   (b) The department shall submit completed preliminary plans,
proposed staffing patterns and proposed inmate work programs for all
facilities included within its master plan, as defined in subdivision
(b) of Section 7000, as soon as is practicable, but no later than 30
days prior to submission to the Public Works Board, to the Joint
Legislative Committee on Prison Construction and Operation and the
fiscal committees of the Senate and Assembly for review and approval.
  The department shall submit proposed staffing patterns at the time
preliminary plans for inmate housing facilities are submitted.  The
department shall submit proposed inmate work-training programs at the
time preliminary plans for the industrial vocational education
buildings are submitted.
   If each committee does not, by majority vote of the committee
membership, approve the submittal, the Public Works Board shall not
act upon the affected plans.  If a committee fails to take any action
with respect to the submitted plans within 45 days after submittal,
this inaction shall be deemed to be approval for purposes of this
section.
7003.5.  (a) The department shall provide the Joint Legislative
Committee on Prison Construction and Operations with periodic reports
on the progress of site selection for new prison facilities.
   (b) On January 1 and July 1 of each year, the department shall
report to the Joint Legislative Committee on Prison Construction and
Operation on areas being considered for proposed prison facilities,
the size of the facilities planned, financing, and how each facility
fits into the department's master plan insofar as this information is
available to the department at the time the report is presented to
the committee.  The report shall also include the status of each
proposed prison, and sites being planned for preliminary studies if
known at that time.
   (c) The committee may take appropriate advisory action concerning
any submittals required by this section.
   (d) This section applies to regular prison facilities, major
enlargements of existing facilities, prison hospital construction and
expansion, and return to custody facilities, whether or not built or
operated exclusively by the department.
7004.  The plans required pursuant to Section 7000 shall contain the
department's plan for soliciting and receiving local public comment
regarding the placement of a correctional facility in any particular
community.  The plan shall include provision for notice to a
community, including the city, county, or city and county, under
consideration for construction of a facility within 30 days after the
department has identified a possible site for the proposed facility,
public hearings on the proposed facility, and dissemination of the
response of the department to comments of the community on the
proposed facility.
   The plan developed by the department concerning public comment on
placement of correctional facilities shall be submitted to the
Legislature and the Governor within 60 days of the effective date of
this section.  The plan shall be implemented as of the date of
submission to the Governor and Legislature with respect to all
prospective placements of correctional facilities.  The Legislature
and the Governor shall also be sent any subsequent changes or
revisions of the plan by the department.
7005.  Notwithstanding any other provision of law, mitigation
funding shall be distributed to any local education agency, or any
city, county, or city and county as a result of the construction of
new permanent prison housing facilities, the activation of temporary
beds as part of the Emergency Bed Program authorized by the Budget
Acts of 1995 and 1996, and any future emergency bed expansions by the
Department of Corrections if funds for that purpose are appropriated
to the department in the annual Budget Act or any other act approved
by the Legislature.
7005.5.  (a) Any funds appropriated for mitigation costs pursuant to
Section 7005 shall be divided as follows:  one-half for allocation
among any impacted local education agency, and one-half for
allocation among any impacted city, county, or city and county.
   (b) Any funds appropriated for mitigation of costs of a city,
county, or city and county shall be divided among any city, county,
or city and county impacted by the prison construction or expansion.
   (c) Funds to be allocated among any impacted city, county, or city
and county shall be paid directly to each impacted entity by the
Department of Corrections upon receipt of resolutions adopted by the
governing body of each impacted city, county, or city and county
indicating agreement by an entity regarding the specific allocations
to that entity.  Only a local impacted entity whose current approved
sphere of influence includes the site of increased inmate housing
capacity shall be deemed to be a jurisdiction eligible for mitigation
pursuant to Section 7005.
   (d) Funds to be allocated among any impacted local education
agency shall be disbursed to the county superintendent of schools for
allocation among any impacted local education agency.
7006.  (a) The Department of the Youth Authority is authorized to
transfer to the Department of Corrections title to any property of
the Preston School of Industry at Ione not currently being used by
the Department of the Youth Authority.
   (b) The Department of the Youth Authority is authorized to
transfer to the Department of Corrections title to any property of
the Northern California Youth Center near Stockton not currently
being used by the Department of the Youth Authority.
7008.  (a) Division 13 (commencing with Section 21000) of the Public
Resources Code shall not apply to the  addition of 150 Level I and
Level II beds authorized by Section 5 of this act at San Gabriel
Canyon, provided that the department has made the following finding
with respect to that facility:
   (1) The increase in bed capacity, if any, shall not exceed, 5
percent of the total capacity of the facility prior to the increase.
   (2) Any modifications made to existing structures are internal
only.  No external additions to existing structures or construction
of new structures shall be  done.  Modular structures used
exclusively for prisoner program activity shall be exempt from this
requirement.
   (3) Any modifications to a facility shall not result in a
significant depletion in water, sewage, or other environmental
resources.  The department shall present substantial evidence that
this requirement has been met in the findings described in
subdivision (b).
   (b) The department shall make findings that the requirements of
subdivision (a) have been met, and shall make the findings available
to the public.
7010.  (a) The Director of Corrections may solicit bids for any
lease or lease-purchase for the establishment of a prison facility
for a site in Los Angeles County.
   (b) The director may not accept any lease or lease-purchase bid or
execute any lease or lease-purchase agreement unless and until the
bid or agreement is submitted for review and approval under the
procedure described in Section 7003.
   (c) Any lease or lease-purchase agreement executed pursuant to
this section shall contain, as a condition of the agreement,
stipulations requiring compliance with the provisions of Chapter 1
(commencing with Section 1720) of Part 7 of the Labor Code in the
construction of any facility within the scope of the agreement.
7011.  (a) The Department of Corrections shall submit to the Joint
Legislative Prison Committee, the Kings County Board of Supervisors,
the Corcoran City Council, and the State Public Works Board, at least
30 days prior to the acquisition of real property for a prison
facility to be located in the vicinity of Corcoran in Kings County,
an environmental assessment study, which shall include a discussion
of impacts and mitigation measures, if necessary, for the following
areas:
   (1) Geology.
   (2) Hydrology--groundwater.
   (3) Water quality--surface waters.
   (4) Plant and animal life--endangered and rare species.
   (5) Air quality.
   (6) Noise.
   (7) Light and glare.
   (8) Transportation and circulation.
   (9) Utilities--gas, electricity, telephone, solid waste, sewage
disposal, and drinking water.
   (10) Archaeology.
   (11) Energy.
   (b) The factors set forth in subdivision (a) shall be assessed
only as they relate to the direct impacts caused off the site as a
result of the construction, operation, and maintenance of the prison
facility upon completion and occupancy.
   (c) Notwithstanding any other provisions of law, other than
Section 7003 and those provisions of the Government Code that require
the approval of the State Public Works Board, the Department of
Finance, or the Director of Finance for capital outlay projects, the
approval of the study by the State Public Works Board is the only
approval required for the acquisition of real property, planning,
design, and construction of the prison facility and the operation and
maintenance of the facility.  The State Public Works Board shall not
act on the study until it receives a recommendation from the Joint
Legislative Prison Committee.  Approval of the study by the State
Public Works Board shall be final and binding on all parties.
   (d) If the committee does not, by a majority vote of the committee
membership, take any action on the study within 30 days after
submittal, that inaction shall be deemed to be a recommendation of
concurrence for the purposes of this section.
   (e) Prior to providing a recommendation to the State Public Works
Board, but within the 30-day period specified in subdivision (d), the
committee shall hold a public hearing in Corcoran.  Notice of the
hearing shall be published in a newspaper of general circulation in,
or adjacent to, Corcoran.  The notice shall be at least one-quarter
page in size.  The Corcoran City Council and the Kings County Board
of Supervisors shall be invited to participate in the hearing.
7012.  (a) The Department of Corrections shall submit to the Joint
Legislative Prison Committee, the State Public Works Board, the
appropriate county board of supervisors, and the local city council
at least 30 days prior to the acquisition of real property for prison
facilities to be located in Riverside and Del Norte Counties, an
environmental assessment study, which shall include a discussion of
impacts and mitigation measures, if necessary, for the following
areas:
   (1) Geology.
   (2) Hydrology-groundwater.
   (3) Water quality-surface waters.
   (4) Plant and animal life-endangered and rare species.
   (5) Air quality.
   (6) Noise.
   (7) Light and glare.
   (8) Utilities-gas, electricity, telephone, solid waste, sewage
disposal, and drinking water.
   (9) Archaeology.
   (10) Energy.
   (b) The factors set forth in subdivision (a) shall be assessed
only as they relate to the direct impacts caused off the site as a
result of the construction, operation, and maintenance of the prison
facility upon completion and occupancy.
   (c) Notwithstanding any other provision of law, other than Section
7003, the approval of the study by the State Public Works Board is
the only approval required for compliance with any applicable
environmental requirements.  The Public State Works Board shall not
act on the study until it receives a recommendation from the Joint
Legislative Prison Committee.  Approval of the study by the State
Public Works Board shall be final and binding on all parties.
   (d) If the committee does not, by a majority vote of the committee
membership, take any action on the study within 30 days after
submittal, that inaction shall be deemed to be a recommendation of
concurrence for the purposes of this section.
   (e) Prior to providing a recommendation to the State Public Works
Board, but within the 30-day period specified in subdivision (d), the
committee shall hold a public hearing in the community in the
vicinity of the proposed site.  Notice of the hearing shall be
published in a newspaper of general circulation in, or adjacent to,
that community.  The notice shall be at least one-quarter page in
size.  The city council and the county board of supervisors shall be
invited to participate in the hearing.
7013.  The Department of Corrections shall contract, or make a
good-faith effort to contract, with the Department of Water Resources
or the Bureau of Reclamation, or both, to secure a water supply for
the prison at Avenal.
7014.  The Joint Legislative Prison Committee shall be reimbursed,
from funds appropriated to the Department of Corrections for support,
for costs, as agreed to by the Department of Corrections, incurred
by the committee in reviewing environmental assessment studies
pursuant to this chapter.  The chairperson of the committee shall
certify the costs to the Controller who shall, upon receipt of the
certification, transfer funds from the unencumbered balance of funds
appropriated to the Department of Corrections for support.  The funds
shall be transferred to the contingent fund of the Legislature which
was used to pay the costs incurred in reviewing the environmental
studies.
7015.  (a) Except as provided in subdivision (b), the Department of
Corrections may contract with the City of Folsom for  the
construction of a courthouse and related facilities, not to exceed
one million nine hundred thousand dollars ($1,900,000) in costs.
Under this contract, the Department of Corrections is authorized to
make payments to the City of Folsom in consideration for the
construction of the courthouse, provided that the sums paid to the
city are realized from savings to the department by the location of
the courthouse in the immediate proximity of Folsom Prison.
   Under this contract, the Department of Corrections is authorized
to make annual payments to the City of Folsom in an amount not to
exceed the approximate savings realized in each fiscal year.  These
funds shall come from the operating budget of the department.
   In negotiating this contract, the Department of Corrections shall
note the extent to which the courthouse will serve the interests of
the County of Sacramento independent of matters pertaining to
individuals in state custody and shall seek appropriate participation
in the funding of the courthouse from the county.
   (b) The Department of Corrections may not contract with the City
of Folsom for a court facility unless a majority of the members of
the Sacramento County Board of Supervisors, the presiding judge of
the Sacramento County Municipal Court, and the presiding judge of the
Sacramento County Superior Court all agree, in writing, to operate a
court facility in the City of Folsom as provided by subdivision (a).
7016.  The Department of Corrections may contract with the County of
Kern for the construction and financing of a courthouse and related
facilities.  Under this contract, the Department of Corrections is
authorized to make payments to the County of Kern in consideration
for the construction and financing of the courthouse and related
facilities, provided that the sums paid to the county are realized
from savings to the department by the location of the courthouse in
the proximity of the California Correctional Facility in Tehachapi.
   In accordance with the contract, the Department of Corrections is
authorized to make annual payments to the County of Kern from the
approximate savings realized in each fiscal year.  These funds shall
come from the operating budget of the department.  In negotiating
this contract, the Department of Corrections shall note the extent to
which the courthouse will serve the interest of the County of Kern
independent of matters pertaining to individuals in state custody,
and seek appropriate county participation in funding.