2009 California Penal Code - Section 4497.20-4497.38 :: Chapter 3. Juvenile Facilities

PENAL CODE
SECTION 4497.20-4497.38

4497.20.  (a) The Department of the Youth Authority is hereby
directed to administer the moneys intended for juvenile facilities in
the County Correctional Facility Capital Expenditure and Youth
Facility Bond Act of 1988, in accordance with the provisions of this
chapter.
   (b) It is the intention of the Legislature to make the money
appropriated for allocation under this chapter available to counties
with established and documented needs for capital projects for
juvenile facilities.
   (c) Counties that apply for funds to alleviate overcrowding shall
submit a preliminary staffing plan for the proposed facility, along
with an analysis of other operating costs anticipated for the
facility, to the Department of the Youth Authority for review and
comment. Prior to submission of the staffing plan and operating cost
analysis to the department, the board of supervisors shall have
reviewed and approved the submittal in or following public hearings.
The chief probation officer shall also have reviewed and commented on
the preliminary staffing plan and operating cost analysis. The
department shall comment in writing to the chief probation officer
and board of supervisors. This response shall be a public record.
   (d) The Department of the Youth Authority shall conduct an
assessment of the needs of counties for juvenile facilities in
California which shall be submitted to the Legislature by June 30,
1990.

4497.22.  Funds appropriated to the Department of the Youth
Authority for allocation under this chapter shall be allocated as
provided by this chapter.

4497.24.  Two million three hundred fifty-seven thousand seven
hundred seventy-eight dollars ($2,357,778) shall be set aside
initially for the counties that did not have juvenile facilities on
January 1, 1987. These funds shall be used to construct county
juvenile facilities and are hereby allocated as follows:

  Amador............................       $ 33,000
  Calaveras.........................         80,000
  Colusa............................        218,928
  Glenn.............................        213,850
  Inyo..............................        846,000
  Lassen............................        350,000
  Mariposa..........................         50,000
  Modoc.............................        126,000
  Mono..............................         18,000
  Plumas............................         45,000
  San Benito........................        243,000
  Sierra............................         10,000
  Trinity...........................         30,000
  Tuolumne..........................         94,000

4497.26.  Ten million dollars ($10,000,000) shall be set aside
initially for counties that do not have efficient and adequate
facilities for youth with special problems. Two or more counties may
apply jointly to construct those facilities regionally. No more than
three million three hundred thousand dollars ($3,300,000) shall be
awarded for the construction of each regional facility.

4497.28.  Forty-eight million nine hundred sixty-seven thousand two
hundred twenty-two dollars ($48,967,222) shall be set aside initially
for counties to alleviate overcrowding and eliminate health, fire,
and life safety deficiencies in juvenile facilities or provide
efficient and adequate facility for youth with special problems.
These funds are hereby allocated to all counties except those listed
in Section 4497.24, as follows:

  Alameda............................. $  2,378,878
  Butte...............................      303,787
  Contra Costa........................    1,329,808
  Del Norte...........................       34,798
  El Dorado...........................      210,354
  Fresno..............................    1,064,299
  Humboldt............................      201,133
  Imperial............................      196,087
  Kern................................      901,792
  Kings...............................      163,725
  Lake................................       89,431
  Los Angeles.........................   14,970,647
  Madera..............................      143,542
  Marin...............................      400,004
  Mendocino...........................      132,407
  Merced..............................      297,871
  Monterey............................      605,660
  Napa................................      184,952
  Nevada..............................      134,321
  Orange..............................    3,934,095
  Placer..............................      272,121
  Riverside...........................    1,700,581
  Sacramento..........................    1,696,928
  San Bernardino......................    2,235,602
  San Diego...........................    4,123,745
  San Francisco.......................    1,275,871
  San Joaquin.........................      794,440
  San Luis Obispo.....................      360,682
  San Mateo...........................    1,093,529
  Santa Barbara.......................      596,961
  Santa Clara.........................    2,488,758
  Santa Cruz..........................      393,914
  Shasta..............................      242,890
  Siskiyou............................       75,338
  Solano..............................      544,764
  Sonoma..............................      636,457
  Stanislaus..........................      591,915
  Sutter..............................      107,352
  Tehama..............................       81,253
  Tulare..............................      517,621
  Ventura.............................    1,125,195
  Yolo................................      234,887
  Yuba................................       98,827

4497.30.  (a) Two million two hundred twenty-five thousand dollars
($2,225,000) shall be set aside initially for bond interest costs,
and two hundred fifty thousand dollars ($250,000) shall be set aside
to conduct a statewide assessment of the counties' needs for juvenile
facilities.
   (b) Notwithstanding Section 5.5 of Chapter 1130 of the Statutes of
1989, up to two hundred twenty-five thousand dollars ($225,000)
shall be available for assistance to counties in planning and
development of projects funded under Section 5 of Chapter 1327 of the
Statutes of 1989 and in accordance with Section 4497.20.

4497.32.  (a) Funds which were set aside initially as provided by
Sections 4497.24 to 4497.30, inclusive, that are not used and funds
that were allocated under the provisions of the County Correctional
Facility Capital Expenditure Bond Act of 1986 that are not used shall
be allocated by the Department of the Youth Authority to those
counties that received an allocation under Section 4497.28 which was
not sufficient to fund the remaining portion of the total cost of the
approved projects. The amount of each of those county's allocation
shall be that county's per capita share of the total funds available
for all counties with partially funded projects, or the amount needed
to complete funding of that county's approved projects, whichever is
less. At no time shall the allocation exceed 75 percent of the total
eligible costs.
   (b) The allocation procedure described in subdivision (a) shall be
repeated until all of the available funds are awarded.
   (c) Funds awarded by the Department of the Youth Authority under
this section shall be used for the construction, reconstruction,
remodeling, or replacement of county juvenile facilities, and for the
performance of deferred maintenance on juvenile facilities, but may
only be used for the purpose of reducing current overcrowding and
eliminating health, fire, and life safety hazards.

4497.34.  (a) Counties with overcrowded juvenile facilities shall
not be eligible to receive funds to construct, reconstruct, remodel,
or replace juvenile facilities unless they have adopted a plan to
correct overcrowded conditions within their facilities which includes
the use of alternatives to detention. The corrective action plan
shall provide for the use of five or more methods or procedures to
minimize the number of minors detained and shall be approved by the
board of supervisors during or subsequent to a public hearing.
   (b) To be eligible for funding under this chapter, the county
shall enter into a contract with the Department of the Youth
Authority and begin construction or renovation work within six years
of the operative date of the regulations that implement this chapter.
If a county fails to meet this requirement, any allocations or
awards to that county under this chapter shall be deemed void and any
moneys allocated or awarded to that county shall revert to the
Department of the Youth Authority for reallocation to another county
as provided by Section 4497.32. The department may waive this
requirement if it determines that there are unavoidable delays in
starting construction.
   (c) To be eligible for funding for juvenile facilities under the
County Correctional Facility Capital Expenditure Bond Act of 1986,
the county shall enter into a contract with the Department of the
Youth Authority and begin construction or renovation work by July 31,
1991. If a county fails to meet this requirement, all allocations or
awards that have been made to that county under that act shall be
deemed void and any moneys allocated or awarded to that county shall
revert to the Department of the Youth Authority and are
reappropriated for reallocation as provided by Section 4497.32. The
department may waive this requirement if it determines that there are
unavoidable delays in starting construction.
   (d) Excluding moneys allocated for San Bernardino County, the
Department of the Youth Authority shall immediately reallocate unused
awards to eligible participating counties.

4497.36.  An application for funds shall be in the manner and form
prescribed by the Department of the Youth Authority.

4497.38.  (a) Awards shall be made only if county matching funds of
25 percent are provided except as specified in subdivision (b).
   (b) (1) A county or a consortium of counties may request the
Director of the Department of the Youth Authority for a deferral of
payment of the required matching funds for the construction of a
juvenile detention facility. This request shall be approved if the
county or consortium of counties meet all of the following criteria:
   (A) The county or consortium of counties has plans for the
construction of the facility approved by the Department of the Youth
Authority.
   (B) The facility to be built is located in Humboldt County.
   (C) The county or consortium of counties submits to and receives
approval by the Department of the Youth Authority, a plan and
schedule for payment of the required match.
   (2) Contribution of the county or consortium of counties matching
requirement shall commence no later than three years from the date of
occupation of any facility financed under this chapter.
   (3) Under no circumstances shall the county match for any county
juvenile project be less than 25 percent.


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