2009 California Penal Code - Section 4480-4495 :: Chapter 2. Fiscal Provisions

PENAL CODE
SECTION 4480-4495

4480.  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 these series.

4481.  As used in this title, and for the purpose of this title, the
following words shall have the following meanings:
   (a) "Committee" means the 1986 County Correctional Facility
Capital Expenditure Finance Committee created by Section 4483.
   (b) "Fund" means the 1986 County Correctional Facility Expenditure
Fund.
   (c) "County juvenile facilities" means county juvenile halls,
juvenile homes, ranches, or camps, and other juvenile detention
facilities.

4482.  There is in the State Treasury the 1986 County Correctional
Facility Capital Expenditure Fund, which fund is hereby created.

4483.  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 1986 County Correctional Facility
Capital Expenditure Finance Committee is hereby created. The
committee consists of the Governor or his or her designated
representative, the Controller, the Treasurer, and the Director of
Finance. The County Correctional Facility 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.

4484.  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 four hundred ninety-five million dollars
($495,000,000), in the manner provided in this title. That 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 4485 and for administrative costs incurred in connection
therewith.

4485.  Moneys in the fund may be available for the construction,
reconstruction, remodeling, and replacement of county jail
facilities, including, but not limited to, separate facilities for
care of mentally ill inmates and persons arrested because of
intoxication, and the performance of deferred maintenance on county
jail facilities except that up to twenty million dollars
($20,000,000) of the money in the fund shall be available for the
construction, reconstruction, remodeling, and replacement of county
juvenile facilities, and the performance of deferred maintenance on
county juvenile facilities. However, deferred maintenance for jails
and juvenile facilities shall only include items with a useful life
of at least 10 years.
   Expenditure shall be made only if county matching funds of 25
percent are provided as determined by the Legislature, except that
this requirement may be modified or waived by the Legislature where
it determines that it is necessary to facilitate the expeditious and
equitable construction of state and local correctional facilities.

4485.5.  During the design and planning stage for county jail
facilities whose construction, reconstruction, or remodeling is
financed by the fund, consideration shall be given to proper design
to allow for areas where persons arrested for misdemeanors who are
attempting to obtain release on bail can be safely accommodated
without the necessity of unclothed body searches.

4485.6.  In order to be eligible to receive funds derived from the
issuance of General Obligation Bonds under this title, a county shall
do all of the following:
   (a) Adopt a plan to prohibit the detention of all juveniles in
county jails unless otherwise authorized by law.
   (b) Demonstrate that it has adequate facilities for mentally ill
inmates or detainees and for those persons arrested because of
inebriation, or demonstrate that it has a plan for the provision of
services to these persons.
   (c) Demonstrate that it has utilized, to the greatest practicable
extent, alternatives to jail incarceration such as sheriff's work
release under Section 4024. 2, own recognizance release, and weekend
work programs.

4485.7.  Moneys in the fund may be available for construction of
joint-use correctional facilities housing county and state or federal
prisoners or any combination thereof in proportion to the county's
benefit.

4486.  (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.

4487.  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,
this money shall be applied as a reimbursement to the General Fund on
account of principal and interest on the bonds which have been paid
from the General Fund.

4488.  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 4489, which sum is appropriated without regard to fiscal
years.

4489.  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.
These withdrawals from the General Fund shall be returned to the
General Fund with interest at the rate which would have otherwise
been earned by these sums in the Pooled Money Investment Fund.

4489.5.  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.

4490.  The committee may authorize the Treasurer to sell all or any
part of the bonds herein authorized at such time or times as may be
fixed by the Treasurer.

4491.  All proceeds from the sale of bonds, except those derived
from premiums and accrued interest, shall be available for the
purpose provided in Section 4485 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.

4492.  Notwithstanding Section 16305.7 of the Government Code, all
interest or other increment resulting from the investment of moneys
deposited in the fund shall be credited to the fund.

4493.  Money in the fund may only be expended for projects specified
in this title as allocated in appropriations made by the
Legislature.

4494.  (a) It is the intent of the people in enacting this bond act
that jail authorization and construction proceed as quickly as
possible. Due to the severe shortage of jail facilities and the need
to begin construction of jail facilities as soon as possible, all
decisions of the board regarding construction, reconstruction,
remodeling, or replacement of jail facilities financed by this title
shall be final.
   (b) No court shall have jurisdiction over these decisions of the
board absent a showing, beyond a reasonable doubt, of a gross abuse
of discretion by the board.
   (c) Should an action be commenced alleging gross abuse of
discretion by the board, no court shall have jurisdiction to delay,
prohibit, or interfere with the construction, reconstruction,
remodeling, or replacement of the subject jail facilities. The sole
remedy available to the court is a mandate that steps be taken to
mitigate the abuse of discretion.
   (d) Nothing in this title is intended in any way to delay,
prohibit, or interfere with the construction of jail facilities.

4495.  If any provision of this title, or the application thereof,
is held to be invalid, that invalidity shall not affect the other
provisions or applications of the title which can be given effect
without the invalid provision or application, and to this end the
provisions of this title are severable.

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