2009 California Penal Code - Section 6240-6246 :: Chapter 9.4. Substance Abuse Community Correctional Detention Centers

PENAL CODE
SECTION 6240-6246

6240.  The Legislature finds and declares the following:
   (a) The number of people in state prisons whose primary commitment
offense was for drug law violations represents approximately 24
percent of the inmate population. Based on a representative sample
study of new felon admissions during 1988, it is estimated that
approximately 76 percent of the new commitment admissions to prison
have a known history of drug abuse.
   The number of parole violators returned to prison for drug
violations increased 2200 percent from 1980 to 1988. In fiscal year
1988-89, drug charges were a known contributing factor in over 64
percent of parolees returned to prison for parole violations.
   (b) The relationship between public safety, recidivism, and
substance abuse is undeniable and significant.
   (c) As pointed out by the California Blue Ribbon Commission on
Inmate Population Management in its January 1990 report, both state
and local correction systems are presently lacking sufficient
programs and strategies to intervene with substance abuse and other
behaviors that contribute to criminality. Judges and parole
authorities lack the options of community correctional facilities and
programs with substance abuse intervention and treatment when
managing parole violators, probationers, parolees, and nonviolent
offenders with a history of substance abuse.
   (d) There presently does not exist a model for a state and local
center to house substance abusers, increase employability skills,
provide counseling and support, and make treatment programs available
to intervene and treat substance abuse, to reduce the crime problem
and the social costs which these offenders bring upon society,
themselves, and their families.
   It is, therefore, the intent of the Legislature to provide for the
establishment of substance abuse community correctional centers and
programs to be operated locally in order to implement
state-of-the-art rehabilitation programs commensurate with public
safety considerations.
   It is further the intent of the Legislature to focus these efforts
in local communities in order to blend state and local efforts to
achieve a higher success rate and lower recidivism, and to reduce the
number of substance abusers and offenders who are currently being
sent to state prison.
   It is also the intent of the Legislature that these programs and
housing facilities be built and operated in a manner providing
maximum safety to the public commensurate with the purpose of the
programming, and that the facilities be kept drug-free by whatever
legal means are required.
   The facilities and the programs shall be designed and operated in
joint efforts by the state and counties, with primary funding from
the state for construction of the facilities.
   It is the intent of the Legislature that funds disbursed pursuant
to this chapter be used to construct the maximum possible number of
community beds for this purpose commensurate with public safety
requirements.

6240.5.  This act shall be known, and may be cited, as the Substance
Abuse Community Correctional Treatment Act.

6240.6.  For purposes of this chapter, the following definitions
shall apply:
   (a) "Board" means the Board of Corrections.
   (b) "Department" means the Department of Corrections.
   (c) "Center" means a substance abuse community correctional
detention center.
   (d) "Construction" means new construction, reconstruction,
remodeling, renovation, or replacement of facilities, or a
combination thereof.
   (e) "Facility" means the physical buildings, rooms, areas, and
equipment used for the purpose of a substance abuse community
correctional detention center.

6241.  (a) The Substance Abuse Community Correctional Detention
Centers Fund is hereby created within the State Treasury. The Board
of Corrections is authorized to provide funds, as appropriated by the
Legislature, for the purpose of establishing substance abuse
community correctional detention centers. These facilities shall be
operated locally in order to manage parole violators, those select
individuals sentenced to state prison for short periods of time, and
other sentenced local offenders with a known history of substance
abuse, and as further defined by this chapter.
   (b) The facilities constructed with funds disbursed pursuant to
this chapter in a county shall contain no less than 50 percent of
total beds for use by the Department of Corrections.
   (1) Upon agreement, the county and the department may negotiate
any other mix of state and local bed space, providing the state's
proportionate share shall not be less than 50 percent in the portion
of the facilities financed through state funding.
   (2) Nothing in this chapter shall prohibit the county from using
county funds or nonrestricted jail bond funds to build and operate
additional facilities in conjunction with the centers provided for in
this chapter.
   (c) Thirty million dollars ($30,000,000) in funds shall be
provided from the 1990 Prison Construction Fund and the 1990-B Prison
Construction Fund, with fifteen million dollars ($15,000,000) each
from the June 1990 bond issue and the November 1990 bond issue, for
construction purposes set forth in this chapter, provided that
funding is appropriated in the state budget from the June and
November 1990, prison bond issues for purposes of this chapter.
   (d) Funds shall be awarded to counties based upon the following
policies and criteria:
   (1) Priority shall be given to urban counties with populations of
450,000 or more, as determined by Department of Finance figures. The
board may allocate up to 10 percent of the funding to smaller
counties or combinations of counties as pilot projects, if it
concludes that proposals meet the requirements of this chapter,
commensurate with the facilities and programming that a smaller
county can provide.
   (2) Upon application and submission of proposals by eligible
counties, representatives of the board shall evaluate proposals and
select recipients.
   To help ensure that state-of-the-art drug rehabilitation and
related programs are designed, implemented, and updated under this
chapter, the board shall consult with not less than three authorities
recognized nationwide with experience or expertise in the design or
operation of successful programs in order to assist the board in all
of the following:
   (A) Drawing up criteria on which requests for proposals will be
sought.
   (B) Selecting proposals to be funded.
   (C) Assisting the board in evaluation and operational problems of
the programs, if those services are approved by the board.
   Funding also shall be sought by the board from the federal
government and private foundation sources in order to defray the
costs of the board's responsibilities under this chapter.
   (3) Preference shall be given to counties that can demonstrate a
financial ability and commitment to operate the programs it is
proposing for a period of at least three years and to make
improvements as proposed by the department and the board.
   (4) Applicants receiving awards under this chapter shall be
selected from among those deemed appropriate for funding according to
the criteria, policies, and procedures established by the board.
Criteria shall include success records of the types of programs
proposed based on nationwide standards for successful programs, if
available, expertise and hands-on experience of persons who will be
in charge of proposed programs, cost effectiveness, including cost
per bed, speed of construction, a demonstrated ability to construct
the maximum number of beds which shall result in an overall net
increase in the number of beds in the county for state and local
offenders, comprehensiveness of services, location, participation by
private or community-based organizations, and demonstrated ability to
seek and obtain supplemental funding as required in support of the
overall administration of this facility from sources such as the
Department of Alcohol and Drug Programs, the agency or agencies
designated by the Director of Finance pursuant to Section 13820, the
National Institute of Corrections, the Department of Justice, and
other state and federal sources.
   (5) Funds disbursed under subdivision (c) shall be used for
construction of substance abuse community correctional centers, with
a level of security in each facility commensurate with public safety
for the types of offenders being housed in or utilizing the
facilities.
   (6) Funds disbursed under this chapter shall not be used for the
purchase of the site. Sites shall be provided by the county. However,
a participating county may negotiate with the state for use of state
land at nearby corrections facilities or other state facilities,
provided that the locations fit in with the aims of the programs
established by this chapter.
   The county shall be responsible for ensuring the siting,
acquisition, design, and construction of the center consistent with
the California Environmental Quality Act pursuant to Division 13
(commencing with Section 21000) of the Public Resources Code.
   (7) Staff of the department and the board, as well as persons
selected by the board, shall be available to counties for
consultation and technical services in preparation and implementation
of proposals accepted by the board.
   (8) The board also shall seek advice from the Department of
Alcohol and Drug Programs in exercising its responsibilities under
this chapter.
   (9) Funds shall be made available to the county and county agency
which is selected to administer the program by the board of
supervisors of that county.
   (10) Area of greatest need can be a factor considered in awarding
contracts to counties.
   (11) Particular consideration shall be given to counties that can
demonstrate an ability to provide continuing counseling and
programming for offenders in programs established under this chapter,
once the offenders have completed the programs and have returned to
the community.
   (12) A county may propose a variety of types and sizes of
facilities to meet the needs of its plan and to provide the services
for varying types of offenders to be served under this chapter. Funds
granted to a county may be utilized for construction of more than
one facility.
   Any county wishing to use existing county-owned sites or
facilities may negotiate those arrangements with the Department of
Corrections and the Board of Corrections to meet the needs of its
plan.

6241.5.  Because of the difficulties of finding locations for
programs described in this chapter, the state shall assist in making
state-owned lands available to counties for purposes of this chapter,
so long as those efforts do not impede an agency's operations or
planned expansions and are commensurate with public safety
requirements.

6242.  (a) The county shall assume full responsibility to administer
and operate the center and program consistent with the criteria set
forth in this chapter and those established by the board. This shall
include maintenance and compliance with all codes, regulations, and
health standards.
   (b) The county shall select a local governmental department to
operate the facility in accordance with the standards and oversight
provided for in this chapter.
   The facility shall be owned by the department for the duration of
the payment of the bond used to finance construction of the facility.
Upon completion of bond repayment, ownership of the facility shall
be vested in the county. Ownership of a county facility renovated
with funds awarded pursuant to this chapter shall be by the
department for the period of bond repayment, after which ownership
shall revert to the county. The department shall retain the option to
lease from the county no less than 50 percent of inmate beds after
completion of bond repayment.
   If a county willfully terminates its participation in this act
prior to completion of bond repayment or if its grant is terminated
by the board for noncompliance with program regulations, ownership of
the facility shall remain vested in the department. The department
shall retain the option to lease as provided in this subdivision.
   (c) Counties or the department shall operate all services and
programs in secure facilities pursuant to this chapter with only
county or state merit system employees, except that private nonprofit
providers or individual professionals with demonstrated expertise
and community experience also may be utilized to provide substance
abuse treatment programs. Treatment programs outside secure
facilities pursuant to this chapter may be provided only by county or
state staff, by private nonprofit providers, or by individual
professionals with demonstrated expertise and experience in providing
services to this population of the community.
   (d) Custody in secure facilities shall be provided by peace
officers, as defined in Sections 830.1, 830.5, and 830.55, or
custodial officers, as defined in Sections 831 and 831.5, who have
satisfactorily met the minimum selection and training standards for
corrections officers, as prescribed by the board under Section 6035.
   (e) Parolees, parole violators, and state prisoners shall remain
under overall supervision of state parole officers.
   (f) The department shall contract to reimburse the county for
allotted bed space and programming for state offenders based on
actual cost plus a reasonable fee, but in no instance shall that
amount exceed the average cost of housing an inmate in a state prison
facility, as determined annually by the director.
   (g) A county may bill the state for services provided to state
parolees pursuant to this chapter on a pro rata basis of the cost of
providing the programs and services, if requested by the department.
   (h) The department and the board, as well as participating
counties, shall seek funding from the federal government and from
private foundation sources to help meet the costs of the programs
outlined in this chapter.
   (i) It shall be the responsibility of the board, the department,
and the design and implementation panel to keep abreast of
improvements in programs of the types established by this chapter,
and to attempt to revise and update programs as state-of-the-art
advances develop.
   (j) Requests for proposals shall be ready for submission to
eligible counties within nine months after the effective date of this
chapter. Eligible counties shall submit proposals within six months
after the request for proposals is submitted.
   (k) An amount totaling no more than 1 1/2 percent of the total
amount of funds to be disbursed under this chapter is hereby
appropriated from the 1990 Prison Construction Fund and the 1990-B
Prison Construction Fund to the board to be used for administrative
costs.
   (l) Following formal acceptance of proposals submitted by
counties, the board shall have authority to modify, expand, or revise
county programs, if requested by counties, or if the board concludes
that changes should be made to improve, expand, or reduce the scope
or approach of programs. This shall be done after formal notice to a
county of proposed changes and opportunity for a county to submit
evidence. The board also shall be able to recommend additional or
reduced funding for a program, if funding becomes available upon
appropriation by the Legislature.

6242.5.  (a) The board shall establish minimum standards, including
security requirements, for the construction of facilities pursuant to
this chapter.
   (b) The board shall develop an architectural program describing
the functions which the facility will be expected to serve, but which
deemphasizes the correctional and detention nature of the exterior
of the facilities in order to ease the difficulty in finding
acceptable sites.
   (c) Counties may substitute renovation of an existing structure
for new construction, but renovation costs per bed shall not exceed
the cost of new construction based on initial cost and useful life of
the facility, and shall meet the program design standards
established by the board. However, participation by a county or use
of existing facilities for programs under this chapter shall not be
utilized by a county to avoid meeting its needs for jail-bed
construction and housing of jail inmates.
   (d) Per-bed cost of secure facilities proposed by a county shall
not exceed the cost of current similar construction by the
department.
   (e) The county shall lease the site on which the facility is
located to the state for a term of not less than the period of bond
repayment. The department shall pay to the county as lease the sum of
one dollar ($1) per year beginning the first month after the first
payment for the repayment of the bond to continue through the
duration of the bond used to finance construction of the facility.

6242.6.  (a) The board shall provide evaluation of the progress,
activities, and performance of each center and participating county's
progress established pursuant to this chapter and shall report the
findings thereon to the Legislature two years after the operational
onset of each facility.
   (b) The board also shall provide to the Joint Legislative
Committee on Prison Construction and Operations and to the Joint
Legislative Budget Committee, on January 1 of each year beginning
1992, a report on the progress of contracting with counties for
centers as provided in this chapter.
   (c) The board shall select an outside monitoring firm in
cooperation with the Auditor General's office, to critique and
evaluate the programs and their rates of success based on recidivism
rates, drug use, and other factors it deems appropriate. Two years
after the programs have begun operations, the report shall be
provided to the Joint Legislative Prisons Committee, participating
counties, the department, the Department of Alcohol and Drug
Programs, the State Department of Health Services, and other sources
the board deems of value. Notwithstanding subdivision (k) of Section
6242, one hundred fifty thousand dollars ($150,000) is hereby
appropriated from the funds disbursed under this chapter from the
1990 Prison Construction Fund to the Board of Corrections to be used
for program evaluation under this subdivision.
   (d) The department shall be responsible for the ongoing monitoring
of contract compliance for state offenders placed in each center.

6243.  Primary offender groups to be dealt with in the programs
established by this chapter shall be probation or parole violators
who would otherwise be returned to jail or prison.
   The following standards for selection shall apply:
   (a) The Director of Corrections, or his or her designee, together
with local parole officials, shall select offenders committed to
state prison for placement in not less than 50 percent of the program
beds established by this chapter. Eligible offenders shall be parole
violators and felons committed to state prison who, after credit
deduction for presentence incarceration and pursuant to Section 2933,
would otherwise have served an actual term of six months or less in
state prison. Offenders selected shall have a demonstrated history of
alcohol or controlled substances abuse, or both, but shall not
include any of the following:
   (1) Offenders convicted at anytime of a violent felony, as defined
in subdivision (c) of Section 667.5 whether in California or any
other jurisdiction for an offense with the same elements.
   (2) Offenders who have lost work credits while currently in prison
for an offense listed in paragraph (1) of subdivision (a) of Section
2932, except for assault with a deadly weapon or a caustic
substance.
   (3) Offenders currently convicted of burglary of an inhabited
dwelling.
   (4) Offenders convicted on two or more separate occasions of
violations of Section 11351, 11351.5, 11352, 11353, 11370.1, 11370.6,
11378.5, 11379, 11379.5, or 11379.6 of the Health and Safety Code
for selling or transporting for sale, manufacturing for sale,
processing for sale, importing for sale, or administering any
controlled substance listed in these sections, or for attempting to
commit any of these offenses for those purposes and who has served at
least one term in prison for violating one of these sections.
   (b) The maximum period of participation in a center program shall
not exceed the maximum period for which the offender could have been
incarcerated in county jail or state prison. Upon release from a
center, a state offender shall be subject to the parole provisions of
Section 3000. Local offenders shall be subject to all conditions of
probation, if probation was imposed at the time of sentencing.
   (c) The parole of an offender placed in a center following
revocation of parole shall remain revoked during the period of
participation in a center.
   (d) Individuals eligible for this program who are deemed unfit for
participation by either custodial or program staff at any time shall
be transferred to a state prison or county facility to which they
would otherwise have been committed and shall serve their remaining
sentence minus the time served at the center.
   (e) Except upon agreement between the county and the department,
placement of state offenders in a center is limited to parolees on
parole in that county and new commitments sentenced from that county.
   (f) The county shall select local offenders for placement in up to
50 percent of the program beds established by this chapter. These
offenders shall be persons convicted and sentenced to county jail,
whether or not as a condition of probation, and who have a
demonstrated history of abuse of alcohol or controlled substances, or
both.
   (g) State prisoners participating in these programs shall be
eligible for work credit time reductions under provisions applicable
to state prisoners committed to state prison.
   (h) Primary emphasis in this program shall be toward parole
violators and persons sentenced to prison or jail for short terms and
for whom rehabilitation efforts should be provided.
   (i) The department shall regularly notify the sheriff's department
and the probation department of a participating county of offenders
placed into the program or released from the program established by
this chapter. The county shall likewise regularly notify local parole
officials of persons placed into or released from its programs set
up by this chapter.
   The sheriff's department, probation and parole officials, and the
Board of Prison Terms shall be permitted to recommend for or against
placement of persons into these programs, as shall the judiciary of
the county.
   (j) Facilities may not serve as housing or parole or probation
offices for offenders not a part of programs set up by this chapter.

6245.  In submitting a proposal, a county's plan shall include at
least all of the following elements that meet standards established
by the board in its request for proposal, and demonstrate that its
program will have strong links to the community organizations
involved in providing those elements, and that those community
organizations have helped in designing the proposal:
   (a) A rigorous program of substance abuse testing.
   (b) A drug-free environment.
   (c) Substance abuse treatment.
   (d) Employment services.
   (e) Basic education services.
   (f) Mental health services and family counseling.
   (g) A strong linkage to probation and parole.

6246.  Each recipient county shall set up a program oversight
committee, under rules and guidelines the Board of Corrections
formulates, which shall include representatives from the following
groups:
   (a) Parole officials.
   (b) Probation officials.
   (c) Sheriff's department officials.
   (d) County alcohol and drug abuse officials.
   (e) Program contractors.
   (f) Local judiciary personnel.
   (g) Social welfare agency personnel.
   (h) Local labor and employment representatives.
   Responsibilities of the program oversight committee shall include,
but not be limited to, regular reviews of program operations and
criteria for offenders being placed into it, discussion and
resolution of problems that may arise, costs, and other duties that
may be assigned it by the Board of Corrections.


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