2009 California Penal Code - Section 4497.02-4497.16 :: Chapter 2. County Jails

PENAL CODE
SECTION 4497.02-4497.16

4497.02.  (a) For the purpose of this chapter:
   (1) "Board" means the Board of Corrections.
   (2) "Fund" means the 1988 County Correctional Facilities Capital
Expenditure and Youth Facility Fund.
   (b) The Board of Corrections shall not itself be deemed a
responsible agency, as defined by Section 21069 of the Public
Resources Code, or otherwise be subject to the California
Environmental Quality Act for any activities under this title, the
County Jail Capital Expenditure Bond Acts of 1981 or 1984, or the
County Facility Capital Expenditure Bond Act of 1986. This
subdivision does not exempt any local agency from the requirements of
the California Environmental Quality Act.

4497.04.  Money appropriated to the board for allocation pursuant to
this chapter shall be allocated as follows:
   (a) Funding shall be provided for those projects entitled to be
funded under subdivision (c) of Section 3 of Chapter 444, Statutes of
1984, as amended, and Section 5 of Chapter 1519, Statutes of 1986,
to the extent that those projects have not received full funding.
   (b) The following additional amounts shall be allocated to the
counties for the construction, reconstruction, replacement, or
renovation of county jail facilities. These funds shall not be used
to supplant local funds directed to previously approved state
projects. Nor shall these funds be used to reimburse counties whose
match on previously approved projects exceeded the required 25
percent. These funds may be used for allocations specified in
subdivisions (c) and (d) of Chapter 444, Statutes of 1984, as
amended, and Section 5, subdivision (b) of Chapter 1519, Statutes of
1986.

  County                                 Allocation
  Alameda............................. $  6,441,198
  Alpine..............................       62,541
  Amador..............................            0
  Butte...............................    1,900,266
  Calaveras...........................            0
  Colusa..............................            0
  Contra Costa........................    1,420,488
  Del Norte...........................    1,317,106
  El Dorado...........................            0
  Fresno..............................    4,326,606
  Glenn...............................      732,094
  Humboldt............................    2,116,523
  Imperial............................            0
  Inyo................................    1,214,025
  Kern................................    9,650,404
  Kings...............................      891,687
  Lake................................    1,699,291
  Lassen..............................      727,717
  Los Angeles.........................  172,682,741
  Madera..............................            0
  Marin...............................    2,166,458
  Mariposa............................      117,478
  Mendocino...........................    1,214,270
  Merced..............................    2,446,318
  Modoc...............................      181,761
  Mono................................      120,421
  Monterey............................    7,429,146
  Napa................................      358,819
  Nevada..............................    1,179,930
  Orange..............................   21,723,387
  Placer..............................    2,022,123
  Plumas..............................      166,775
  Riverside...........................   10,476,076
  Sacramento..........................    6,299,898
  San Benito..........................    1,270,642
  San Bernardino......................   10,874,718
  San Diego...........................   32,675,959
  San Francisco.......................   17,015,321
  San Joaquin.........................   12,377,292
  San Luis Obispo.....................    2,033,185
  San Mateo...........................    2,452,925
  Santa Barbara.......................    2,438,604
  Santa Clara.........................   11,780,710
  Santa Cruz..........................    2,889,829
  Shasta..............................            0
  Sierra..............................      119,234
  Siskiyou............................            0
  Solano..............................    1,125,732
  Sonoma..............................    3,877,521
  Stanislaus..........................    3,649,178
  Sutter..............................      964,137
  Tehama..............................      532,947
  Trinity.............................      225,380
  Tulare..............................    2,513,889
  Tuolumne............................      677,876
  Ventura.............................   14,733,637
  Yolo................................      686,721
  Yuba................................    1,844,691
  TOTAL............................... $387,845,675

   (c) If any county declares that it is unable to use the funds
allocated to it under this section, or if any county is unable to
satisfy the prerequisites for funding listed in Section 4494.10, the
amount allocated to the county in this section shall revert to the
state, to be reallocated by the board.
   (d) If funds beyond those needed for the itemized amounts become
available for reallocation, the board shall reallocate those funds
under subdivision (e).
   (e) Reverted funds under this chapter or subdivision (c) of
Chapter 1519 of the Statutes of 1986 shall be reallocated to counties
pursuant to the development and adoption of a new allocation plan as
determined by an allocation advisory committee appointed by the
board. The allocation advisory committee shall convene upon
notification by the board that funds have been reverted. Reallocated
funds shall be distributed three times. The first distribution shall
occur on December 31, 1990; the second distribution shall occur on
December 31, 1992, and the final distribution shall occur on December
31, 1993. If any county seeking funds has not completed
architectural drawings at the time reallocation funds become
available, the county shall be removed from reallocation
consideration until it has completed architectural drawings.
   (f) Any county that receives funds pursuant to this chapter or
pursuant to Chapter 444 of the Statutes of 1984, as amended, or
Chapter 1519 of the Statutes of 1986, that, in the aggregate, total
ten million dollars ($10,000,000) or less may pool or combine those
funds for the purpose of financing a jail construction project,
subject to approval of the project pursuant to this chapter. However,
under no circumstances shall the pooling of successive bond
allocations relieve or exempt the county from its obligation to meet
the 25 percent local match requirement.
   This subdivision shall not be interpreted as an authorization to
utilize allocated funds to reimburse counties whose match on
previously approved and completed projects exceeded the required 25
percent.

4497.05.  Money in the 1986 County Correctional Facility Capital
Expenditure Fund and money in the 1988 County Correctional Facility
Capital Expenditure and Youth Facility Bond Fund may be used on the
same project so long as the project is consistent with the purposes
set forth in Sections 4485 and 4496.12 and is subject to the
restrictions and requirements set forth in subdivision (f) of Section
4497.04. The deadlines applicable under this title shall be
applicable to the joint use of funds under this section.

4497.06.  (a) The board shall administer the funds allocated in this
chapter to adult jail facilities, according to existing County
Correctional Facilities Capital Expenditure Fund regulations, except
as those regulations may be amended to comply with the provisions of
this chapter.
   (b) The board shall apply its regulations in the approval or
disapproval of county jail projects, except that the board may
approve a project if the board finds, after conducting a public
hearing, that although the county cannot possibly meet the
regulations, the county will nonetheless comply with Section 4485.6.

4497.08.  No state moneys shall be encumbered in contracts with a
county, nor released to a county, for construction or renovation of a
local jail facility pursuant to this chapter until the conditions of
this chapter have been fulfilled by the county.

4497.10.  To be eligible for funding consideration, a county shall,
to the satisfaction of the board, do all of the following:
   (a) Certify that juveniles are not housed in the county's adult
detention facilities, except where authorized by law; and document
the existence of, or plans for, separate housing for juveniles.
   (b) Document the existence of, or plans for, separate housing for
persons detained or arrested because of intoxication, which will
prevent mixing of this category of prisoner with other prisoners. If
the county has no existing provisions for detoxification housing, it
shall make provisions for that housing as part of its proposed
project.
   (c) Document the existence of, or plans for, separate housing for
mentally disordered defendants or convicted prisoners which will
prevent mixing of this category of prisoner with other prisoners
until the time that the responsible health authority or his or her
designee clears specific prisoners for nonseparate housing, based on
clinical judgment. If the county has no existing provisions for
separate housing of mentally disordered prisoners, it shall make
provisions for that housing as part of its proposed project.
   (d) Submit a formal project proposal to the board on or before
September 30, 1990. The project proposal shall describe the
construction or renovation project to be undertaken and shall include
an estimated budget for the project. The proposal shall also
identify how county funding obligations, both for construction and
operation of the facility, will be met. The project proposal shall be
consistent with the needs and priorities identified in the needs
assessment by the county.
   Failure to submit a project proposal shall be deemed a declaration
by the county that it does not intend to request its allocation
under subdivisions (a) and (b) of Section 4497.04, and the amounts
allocated in those subdivisions to the county shall be available for
reallocation by the board. The board may waive this requirement for
submission of a proposal within one year if it determines there are
unavoidable delays in the county's preparation of a project proposal.
   (e) Submit architectural drawings which shall be approved by the
board for compliance with minimum jail standards and by the State
Fire Marshal for compliance with fire safety requirements. If the
board concludes that a county's proposed construction or renovation
contains serious design deficiencies that, while they would not
require a refusal to enter into the contract, would seriously impair
the facility's functioning, it shall notify the sheriff and the board
of supervisors of that county of the deficiencies and shall delay
entering into a contract with the county for at least 30 days after
mailing the letter. This letter shall be a public record.
   (f) The county shall certify that it owns, or has long-term
possession of, the construction site.
   (g) The county shall have filed a final notice of determination on
its environmental impact report with the board.
   (h) The county has formally adopted a plan to finance the
construction of the proposed facility.
   (i) The county shall have submitted a preliminary staffing plan
for the proposed facility, along with an analysis of other operating
costs anticipated for the facility, to the board for review and
comment. Prior to submission of the staffing plan and operating costs
analysis of the board, the county board of supervisors shall have
reviewed and approved the submittal in or following public hearings.
The sheriff shall also have reviewed and commented on the preliminary
staffing plan and the operating cost analysis. The board shall
comment in writing to the sheriff and board of supervisors. This
letter shall be a public record.
   (j) The county shall submit either a major or minor needs
assessment documenting the need for and purpose of the proposed
project. The needs assessment shall meet all requirements listed in
the applicable County Correctional Facility Capital Expenditure Fund
regulations. The board may exempt a county from performing a new
needs assessment if any of the following conditions exist:
   (1) The board determines that a prior needs assessment is in
substantial compliance and it justifies the project being funded in
Section 4497.04.
   (2) A county receives funds from this bond act in an amount of
three hundred thousand dollars ($300,000) or less.
   If exempted from performing a needs assessment, counties shall
provide an analysis of specific jail deficiencies, including levels
of security, program, including, but not limited to, medical and
mental health care, housing, and administration. This analysis shall
also include specific plans for correcting the deficiencies.
   (k) Demonstrate to the board unless the county's sole project is a
remodel of an existing adult detention facility which will not
result in the addition of any beds, that it is using, to the greatest
extent feasible, alternatives to incarceration based on the
following measures: an incarceration rate of no more than one
standard deviation above the mean for all counties and, either a
pretrial misdemeanor incarceration rate of no more than one standard
deviation above the mean for all counties or a sentenced prisoner
alternatives percentage or 5 percent or more as related to total
sentenced prisoner admissions.
   (1) The data to be used in establishing the incarceration rate
will be the 1989 calendar year average daily population as reported
by each county to the board and the Department of Finance Report on
Population by County.
   (2) The pretrial misdemeanor incarceration rate will be based on
an average of the daily pretrial misdemeanor jail population,
developed from a four-day sample period in 1989 specified by the
board.
   (3) The sentenced prisoner alternatives percentage will be based
on enrollment in three programs: Section 4024.2 of the Penal Code
(work-in-lieu of jail), county parole, and home detention if the
placement is made after some jail time is served.
   (4) Counties failing to demonstrate adequate use of alternatives
to incarcerations by the above measure by March 30, 1990, shall be
reevaluated annually by the board. If any county is unable to satisfy
the requirements of this section by September 30, 1993, the amount
allocated to the county shall revert to the state, to be reallocated
by the board pursuant to subdivision (c) of Section 4497.04.
   (l) Begin construction or renovation work within four years of the
effective date of this title. If a county fails to meet this
requirement, any allocations to the county under this chapter shall
be deemed void and moneys allocated to the county shall revert to the
board for reallocation. The board may waive this requirement if it
determines that there are unavoidable delays in the initial
construction activities.
   (m) Counties shall provide for the construction of appropriate
courtroom facilities and hearing room facilities within any jail
construction plan submitted to the board. Those courtroom facilities
and hearing room facilities shall be utilized for purposes of holding
appropriate arraignments and bail hearings and for the conduct of
parole revocation hearings. The board may waive this requirement
where county specific circumstances dictate.

4497.12.  (a) County match on projects funded under this chapter
shall be a minimum of 25 percent of the total project costs.
   (b) The county match requirement imposed upon counties pursuant to
the receipt of state moneys shall not be required to be made on a
pro rata basis where the requirement would impede the expeditious and
equitable construction of county correctional facilities. However,
under no circumstances shall the county match for any county project
be less than 25 percent.
   (c) Costs eligible for state funding and as county match shall be
those defined in applicable existing sections of the County
Correctional Facilities Capital Expenditure Fund regulations, which
regulations may be amended.

4497.14.  (a) The board shall not approve the expenditures of funds
allocated under this act for the construction of county detention
facilities until a master site plan for county detention facilities
has been prepared and adopted by the board of supervisors of the
county proposing to construct the facility. The board of supervisors
shall determine the location of any detention facilities pursuant to
a master plan, which determination shall not be subject to any
initiative or ordinance adopted by initiative. In developing the
plan, the board of supervisors shall consider alternatives to
additional detention facilities and the specific concerns of
incorporated cities and other community representatives, and shall
give special consideration to existing federal, state, and local
detention facilities in order to avoid over-concentration of inmates
in one geographic area of the county. If the board of supervisors
decides to locate new or expanded detention facilities near existing
detention facilities, it shall publicly state its reasons for that
decision.
   The board shall only approve expenditure of funds allocated under
this chapter for the construction of detention facilities in
accordance with the plan adopted pursuant to this section. The board
may exempt a county from this requirement if the master site plan
remains unchanged from that approved under the provisions of the
County Correctional Facilities Capital Expenditure Bond Act of 1986.
   (b) The board shall establish construction costs controls and
shall set forth in regulation procedures for setting maximum state
funding levels for appropriate construction unit costs, including
cost per cell for specified categories of facilities. These cost
controls shall be based on average costs in recently constructed
facilities in California that are comparable in size, use, location,
and other relevant factors.
   Allocations listed in Section 4497.04 notwithstanding, the state
contribution shall be up to 75 percent of total project costs or up
to 75 percent of the applicable construction cost norms, whichever is
lower. Nothing in this section is intended, however, to prescribe
maximum limits on county funding levels for the projects.
   Prior to releasing any funds to a county, the board shall review
construction cost levels in the funded projects for compliance with
cost control regulations.
   (c) Prior to entering into a contract with a county, the board
shall review or approve or both review and approve the county
submissions required by this chapter regarding the facility or
facilities proposed for funding.
   (d) The board shall collect annually from all counties information
on county incarceration rates, average daily jail populations as a
proportion of the total county population or total arrests or both;
pretrial misdemeanant ratios, the percentage which unsentenced
prisoners charged only with misdemeanors constitute the total average
daily unsentenced jail population; and sentenced alternatives
ratios, for example, average daily populations in work-in-lieu of
jail programs and county parole as a percentage of the total average
daily sentenced misdemeanant prisoner population. All counties that
have received or will receive state funds for jail construction shall
supply the board the information necessary to comply with this
section.

4497.16.  If after a hearing, the board makes a finding that a
county has failed to comply with a condition or plan approved by the
board relating to the requirements of Section 4485.6, the board may
require the county to pay an amount equal to the pro rata portion of
the principal and interest, paid by the state on bonds the proceeds
of which were allocated pursuant to this chapter to the county for
the period of noncompliance. The repayment provisions shall not be
applicable if the noncompliance with the condition or plan is the
result of circumstances beyond the control of the county, or the
board finds the county cannot reasonably comply under the
circumstances.

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