2007 California Government Code Chapter 3.12. Financing Of County Jail Facilities .. 15820.91-15820.918

CA Codes (gov:15820.91-15820.918)

15820.91.  For the purposes of this chapter, "participating county"
means any county, or regional consortium of counties, within the
state that has been certified to the State Public Works Board (SPWB)
by the Department of Corrections and Rehabilitation (CDCR) as having
satisfied all of the requirements set forth in Section 15820.916 for
financing a local jail facility pursuant to this chapter.



15820.911.  (a) The CDCR, a participating county, and the SPWB are
authorized to acquire, design, and construct, a local jail facility
approved by the Corrections Standards Authority (CSA) pursuant to
Section 15820.906, or a site or sites owned by, or subject to a lease
or option to purchase held by a participating county. The ownership
interest of a participating county in the site or sites for a local
jail facility must be determined by the SPWB to be adequate for
purposes of its financing in order to be eligible under this chapter.

   (b) Notwithstanding Section 15815, a participating county may
acquire, design, or construct the local jail facility in accordance
with its local contracting authority. Notwithstanding Section 14951,
the participating county may assign an inspector during the
construction of the project.
   (c) The CDCR, a participating county and the SPWB shall enter into
a construction agreement for these projects that shall provide, at a
minimum, performance expectations of the parties related to the
acquisition, design, construction, or renovation of the local jail
facility, guidelines and criteria for use and application of the
proceeds of revenue bonds, notes, or bond anticipation notes issued
by the SPWB to pay for the cost of the approved local jail facility
project and ongoing maintenance and staffing responsibilities for the
term of the financing.
   (d) The construction agreement shall include a provision that the
participating county agrees to indemnify, defend, and save harmless
the State of California for any and all claims and losses arising out
of the acquisition, design, and construction of the project. The
construction agreement may also contain additional terms and
conditions that facilitate the financing by the SPWB.
   (e) The scope and cost of these approved local jail facility
projects shall be subject to approval and administrative oversight by
the SPWB.
   (f) For purposes of compliance with the California Environmental
Quality Act (Division 13 of the Public Resources Code (commencing at
Section 210000)), neither the SPWB nor the CDCR shall be deemed a
lead or responsible agency; the participating county is the lead
agency.


15820.912.  Upon a participating county's receipt of responsive
construction bids, the SPWB and the CDCR may borrow funds for project
costs after the project has been certified pursuant to Section
15820.91 from the Pooled Money Investment Account pursuant to
Sections 16312 and 16313, or from any other appropriate source. In
the event any of the revenue bonds, notes, or bond anticipation notes
authorized by this chapter are not sold, the CDCR shall commit a
sufficient amount of its support appropriation to repay any loans
made for an approved project.


15820.913.  (a) The SPWB may issue up to four hundred seventy
million dollars (0,000,000) in revenue bonds, notes, or bond
anticipation notes, pursuant to Chapter 5 of Part 10b of Division 3
of Title 2 (commencing with Section 15830) to finance the
acquisition, design, or construction, and a reasonable construction
reserve, of approved local jail facilities described in Section
15820.911.
   (b) Proceeds from the revenue bonds, notes, or bond anticipation
notes may be used to reimburse a participating county for the costs
of acquisition, preliminary plans, working drawings, and construction
for approved projects.
   (c) Notwithstanding Section 13340, funds derived pursuant to this
section and Section 15820.902 are continuously appropriated for
purposes of this chapter.


15820.915.  With the consent of the SPWB, the CDCR, and a
participating county are authorized to enter into leases or
subleases, as lessor or lessee, for any property or approved project
and are further authorized to enter into contracts or other
agreements for the use, maintenance, and operation of the local jail
facility in order to facilitate the financing authorized by this
chapter. In those leases, subleases, or other agreements, the
participating county shall agree to indemnify, defend and hold
harmless the State of California for any and all claims and losses
accruing and resulting from or arising out of the participating
county's use and occupancy of the local jail facility.



15820.916.  (a) The CSA shall adhere to its duly adopted regulations
for the approval or disapproval of local jail facilities. The CSA
shall also consider cost-effectiveness in determining approval or
disapproval. No state moneys shall be encumbered in contracts let by
a participating county until final architectural plans and
specifications have been approved by the CSA, and subsequent
construction bids have been received. The review and approval of
plans, specifications, or other documents by the CSA are for the
purpose of ensuring proper administration of moneys and determination
of whether the project specifications comply with law and
regulation. The CSA may require changes in construction materials to
enhance safety and security if materials proposed at the time of
final plans and specifications are not essential and customary as
used statewide for facilities of the same security level.
Participating counties are responsible for the acquisition, design,
construction, staffing, operation, repair, and maintenance of the
project.
   (b) The CSA shall establish minimum standards, funding schedules,
and procedures, which shall take into consideration, but not be
limited to, the following:
   (1) Certification by a participating county of project site
control through either fee simple ownership of the site or comparable
long-term possession of the site, and right of access to the
projects sufficient to assure undisturbed use and possession.
   (2) Documentation of need for the project.
   (3) A written project proposal.
   (4) Submittal of a staffing plan for the project, including
operational cost projections and documentation that the local jail
facility will be able to be safety staffed and operated within 90
days of completion.
   (5) Submittal of architectural drawings, which shall be approved
by the CSA for compliance with minimum adult detention facility
standards and which shall also be approved by the State Fire Marshal
for compliance with fire safety and life safety requirements.
   (6) Documentation evidencing the filing by a participating county
of a final notice of determination on its environmental impact
report.
   (7) Provisions intended to maintain the tax-exempt status of the
bonds, notes, or bond anticipation notes issued by the SPWB.



15820.917.  (a) Participating county matching funds for projects
funded under this chapter shall be a minimum of 25 percent of the
total project costs. The CSA may reduce matching fund requirements
for participating counties with a general population below 200,000
upon petition by a participating county to the CSA requesting a lower
level of matching funds.
   (b) The CDCR and CSA shall give funding preference to counties
that assist the state in siting reentry facilities, pursuant to
Section 6270.
   (c) The department shall give funding preference to counties that
assist the state in siting mental health day treatment and crisis
care, pursuant to Section 3073 of the Penal Code, and to counties who
provide a continuum of care so that parolees with mental health and
substance abuse needs can continue to receive services at the
conclusion of their period of parole.



15820.918.  The CDCR and CSA may not award funds under this chapter
until the panel created pursuant to Section 7021 of the Penal Code
has certified that all of the following conditions have been met:
   (a) At least 4,000 of the local jail beds from Chapter 3.11
(commencing with Section 15820.90) are under construction or sited.
   (b) At least 2,000 of the original reentry beds are under
construction or sited.