2009 California Penal Code - Section 4410-4422 :: Chapter 2. Fiscal Provisions

PENAL CODE
SECTION 4410-4422

4410.  The State General Obligation Bond Law is adopted for the
purpose of the issuance, sale, and repayment of, and otherwise
providing with respect to, the bonds authorized to be issued pursuant
to this title, and the provisions of that law are included in this
title as though set out in full in this chapter except that,
notwithstanding anything in the State General Obligation Bond Law,
the maximum maturity of the bonds shall not exceed 20 years from the
date of each respective series. The maturity of each respective
series shall be calculated from the date of such series.

4411.  As used in this title, and for the purpose of this title, the
following words shall have the following meanings:
   (a) "Committee" means the County Jail Capital Expenditure Finance
Committee created by Section 4413.
   (b) "Fund" means the County Jail Expenditure Fund.

4412.  There is in the State Treasury the County Jail Capital
Expenditure Fund, which fund is hereby created.

4413.  For the purpose of authorizing the issuance and sale,
pursuant to the State General Obligation Bond Law, of the bonds
authorized by this title, the County Jail Capital Expenditure Finance
Committee is hereby created. The committee consists of the Governor
or his designated representative, the Controller, the Treasurer, and
the Director of Finance. The County Jail Capital Expenditure
Committee shall be the "committee" as that term is used in the State
General Obligation Bond Law, and the Treasurer shall serve as
chairman of the committee. The Board of Corrections is hereby
designated as "the board" for purposes of this title and for the
purposes of the State General Obligation Bond Law.

4414.  The committee is hereby authorized and empowered to create a
debt or debts, liability or liabilities, of the State of California,
in the aggregate amount of two hundred eighty million dollars
($280,000,000), in the manner provided in this title. Such debt or
debts, liability or liabilities, shall be created for the purpose of
providing the funds to be used for the object and work specified in
Section 4415 and for administrative costs incurred in connection
therewith.

4415.  Moneys in the fund shall be available for expenditure in
accordance with this title by the Board of Corrections. Prior to the
disbursement of any money in the fund, the board and the appropriate
subcommittees of the Senate Committee on Criminal Procedure and of
the Assembly Committee on Public Safety shall reexamine the factors
specified in subdivisions (a) and (b) to determine whether they are
still suitable and applicable to the distribution of the proceeds of
the bonds authorized by this title. Moneys in the fund shall be
available for expenditure for the following purposes:
   (a) For the construction, reconstruction, remodeling, and
replacement of county jail facilities, and the performance of
deferred maintenance activities on the facilities pursuant to rules
and regulations adopted by the Board of Corrections, in accordance
with Section 6029.1. No expenditure shall be made unless county
matching funds of 25 percent are provided.
   (b) In performing the duties set forth in subdivision (a), the
Board of Corrections shall consider all of the following:
   (1) The extent to which the county requesting aid has exhausted
all other available means of raising the requested funds for the
capital improvements and the extent to which the funds from the
County Jail Capital Expenditure Fund will be utilized to attract
other sources of capital financing for county jail facilities.
   (2) The extent to which the capital improvements are necessary to
the life or safety of the persons confined or employed in the
facility or the health and sanitary conditions of the facility.
   (3) The extent to which the county has utilized reasonable
alternatives to pre-conviction and post-conviction incarceration,
including, but not limited to, programs to facilitate release upon
one's own recognizance where appropriate to individuals pending
trial, sentencing alternatives to custody, and civil commitment or
diversion programs consistent with public safety for those with drug-
or alcohol-related problems or mental or developmental disabilities.

4416.  (a) When sold, the bonds authorized by this title shall
constitute valid and legally binding general obligations of the State
of California, and the full faith and credit of the State of
California is hereby pledged for the punctual payment of both
principal and interest thereon.
   (b) There shall be collected annually in the same manner and at
the same time as other state revenue is collected such a sum, in
addition to the ordinary revenues of the state, as shall be required
to pay the interest and principal on the bonds maturing each year,
and it is hereby made the duty of all officers charged by law with
any duty in regard to the collection of the revenue to do and perform
each and every act which shall be necessary to collect that
additional sum.
   (c) All money deposited in the fund which has been derived from
premium and accrued interest on bonds sold shall be available for
transfer to the General Fund as a credit to expenditures for bond
interest.

4417.  All money deposited in the fund pursuant to any provision of
law requiring repayments to the state for assistance financed by the
proceeds of the bonds authorized by this title shall be available for
transfer to the General Fund. When transferred to the General Fund
such money shall be applied as a reimbursement to the General Fund on
account of principal and interest on the bonds which has been paid
from the General Fund.

4418.  There is hereby appropriated from the General Fund in the
State Treasury for the purpose of this title, such an amount as will
equal the following:
   (a) That sum annually as will be necessary to pay the principal of
and the interest on the bonds issued and sold pursuant to the
provisions of this title, as principal and interest become due and
payable.
   (b) That sum as is necessary to carry out the provisions of
Section 4419, which sum is appropriated without regard to fiscal
years.

4419.  For the purpose of carrying out the provisions of this title,
the Director of Finance may by executive order authorize the
withdrawal from the General Fund of an amount or amounts not to
exceed the amount of the unsold bonds which the committee has by
resolution authorized to be sold for the purpose of carrying out this
title. Any amounts withdrawn shall be deposited in the fund and
shall be disbursed by the board in accordance with this title. Any
money made available under this section to the board shall be
returned by the board to the General Fund from moneys received from
the sale of bonds sold for the purpose of carrying out this title.
Such withdrawals from the General Fund shall be returned to the
General Fund with interest at the rate which would have otherwise
been earned by such sums in the Pooled Money Investment Fund.

4419.5.  Notwithstanding any other provision of this bond act, or of
the State General Obligation Bond Law (Chapter 4 (commencing with
Section 16720) of Part 3 of Division 4 of Title 2 of the Government
Code), if the Treasurer sells bonds pursuant to this bond act that
include a bond counsel opinion to the effect that the interest on the
bonds is excluded from gross income for federal tax purposes under
designated conditions, the Treasurer may maintain separate accounts
for the bond proceeds invested and the investment earnings on those
proceeds, and may use or direct the use of those proceeds or earnings
to pay any rebate, penalty, or other payment required under federal
law, or take any other action with respect to the investment and use
of those bond proceeds, as may be required or desirable under federal
law in order to maintain the tax-exempt status of those bonds and to
obtain any other advantage under federal law on behalf of the funds
of this state.

4420.  The committee may authorize the State Treasurer to sell all
or any part of the bonds herein authorized at such time or times as
may be fixed by the Treasurer.

4421.  All proceeds from the sale of bonds, except those derived
from premiums and accrued interest, shall be available for the
purpose provided in Section 4415 but shall not be available for
transfer to the General Fund to pay principal and interest on bonds.
The money in the fund may be expended only as herein provided.

4422.  All proposed appropriations for the projects specified in
this title, shall be included in a section in the Budget Bill for the
1982-83 and each succeeding fiscal year, for consideration by the
Legislature. All appropriations shall be subject to all limitations
enacted in the Budget Act and to all fiscal procedures prescribed by
law with respect to the expenditures of state funds, unless expressly
exempted from such laws by a statute enacted by the Legislature. No
funds derived from the bonds authorized by this title may be expended
pursuant to an appropriation not contained in such section of the
Budget Act.

Disclaimer: These codes may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.