2009 California Penal Code - Section 6250-6259 :: Chapter 9.5. Community Correctional Centers

PENAL CODE
SECTION 6250-6259

6250.  (a) The Director of Corrections may establish and operate
facilities to be known as community correctional centers. The
director may enter into a long-term agreement, not to exceed 20
years, for transfer of prisoners to, or placement of prisoners in,
community correctional centers.
   (b) No later than 30 days after the department has designated a
site as a potential site, the director shall notify the county board
of supervisors or city council in whose jurisdiction the center may
be located. The notification shall set forth the specifics of the
site location, design, and operational characteristics for the
facility. The department shall not contract for the facility until it
has received and reviewed the comments of every local agency
notified under this section or the expiration of 60 days after having
given notice to the local agency, whichever occurs first.
   Upon receipt of the notice, the city, county, or city and county
may hold a public hearing concerning the impact of the facility on
the community. At the conclusion of the public hearing, the city,
county, or city and county may make a recommendation to the
department as to the appropriateness of the proposed site, specific
design and operational features to help make the facility more
compatible with the community, and alternative locations, if
appropriate.
   Upon receipt of comments and recommendations, the department shall
determine whether to proceed with the facility, to modify the
proposal, or to select an alternative site. If the department selects
a site recommended by the local agency after a hearing conducted
pursuant to this section, no further review or hearings are required
by this subdivision.
   (c) The notice referred to in subdivision (b) may be delivered by
hand or sent by any form of mail requiring a return receipt. Failure
to provide the notice shall be grounds for extinguishing the contract
upon motion of the board of supervisors or city council.
   (d) The Director of Corrections shall not change the use of or
significantly increase the capacity of a community correctional
center established pursuant to subdivision (a) unless the director
has first notified the county board of supervisors or city council in
whose jurisdiction the center is located at least 30 days prior to
the change of use or capacity. Failure to provide the notice shall be
grounds for enjoining the change in use or capacity.

6250.5.  (a) The Director of Corrections may contract for the
establishment and operation of community correctional facilities that
offer programs for the treatment of addiction to alcohol or
controlled substances based on the therapeutic community model, only
if the cost per inmate of operating the facilities will be less than
the cost per inmate of operating similar state facilities. The
Legislature finds and declares that the purpose of a therapeutic
community program, which emphasizes alcohol and controlled substance
rehabilitation, is to substantially increase the likelihood of
successful parole for those inmates.
   (b) Each facility under contract pursuant to this section shall
provide programs that prepare each inmate for successful
reintegration into society. Those programs shall involve constant
counseling in drug and alcohol abuse, employment skills, victim
awareness, and family responsibility, and generally shall prepare
each inmate for return to society. The programs also shall emphasize
literacy training and use computer-supported training so that inmates
may improve their reading and writing skills. The program shall
include postincarceration counseling and care in order to ensure a
greater opportunity for success.
   (c) The department may enter into a long-term agreement, not to
exceed 20 years, for transfer of prisoners to, or placement of
prisoners in, facilities under contract pursuant to this section.
   (d) The department shall provide for the review of any agreement
entered into under this section to determine if the contractor is in
compliance with the terms of this section. The review shall be
conducted at least every five years. The department may revoke any
agreement if the contractor is not in compliance with this section.
   (e) Notwithstanding the Public Contract Code or Article 10
(commencing with Section 1200) of Title 15 of the California Code of
Regulations, the Department of Corrections shall select an
independent contractor to conduct an annual audit and cost comparison
evaluation of any programs established under this section. Any
contract for annual audits and evaluation shall provide that the
annual report, whether in final or draft form, and all working papers
and data, shall be available for immediate review upon request by
the department.

6251.  The primary purpose of such facilities is to provide housing,
supervision, counseling, and other correctional programs for persons
committed to the Department of Corrections.

6252.  The Director of Corrections shall make rules and regulations
for the government of the community correctional centers in the
management of their affairs.

6253.  (a) The Director of Corrections may transfer inmates whose
terms of imprisonment have been fixed from the state prisons and
facilities of the Department of Corrections to community correctional
centers, and place parolees in the community correctional centers.
The director may charge the resident reasonable fees, based on
ability to pay, for room, board and so much of the costs of
administration as are allocable to such resident. Fees may not exceed
actual, demonstrable costs to the department. No fees shall be
collected from an inmate or parolee after his or her residency in the
center has terminated.
   Notwithstanding any other provision of law, no inmate or parolee
shall be denied placement in a community correctional center on the
basis of inability to pay fees authorized by this section.
   (b) Inmates transferred to community correctional centers remain
under the legal custody of the department and shall be subject at any
time, pursuant to the rules and regulations of the Director of
Corrections, to be detained in the county jail upon the exercise of a
state parole or correctional officer's peace officer powers as
specified in Section 830.5, with the consent of the sheriff or
corresponding official having jurisdiction over the facility.

6254.  The Director of Corrections may grant furloughs to residents
of community correctional centers for the purpose of employment,
education, including vocational training, or arranging a suitable
employment and residence program.

6255.  The provisions of Title 5 (commencing with Section 4500) of
Part 3 shall apply to all persons placed in a community correctional
center by the Director of Corrections except that those persons who
are on active parole shall be subject to the provisions of Article 3
(commencing with Section 3040) of Chapter 8, Title 1, Part 3.

6256.  The Director of Corrections may enter into contracts, with
the approval of the Director of General Services, with appropriate
public or private agencies, to provide housing, sustenance, and
supervision for such inmates as are eligible for placement in
community correctional centers. Prisoners in the care of such
agencies shall be subject to all provisions of law applicable to
them.
   The Department of Corrections shall reimburse such agencies for
their services from such funds as may be appropriated for the support
of state prisoners.

6258.  (a) The Director of Corrections may contract for the
establishment and operation of separate community correctional
reentry centers for men and women, provided that the per-inmate cost
for operating these facilities under contract will be less than the
per-inmate cost of maintaining custody of the inmates by the
department.
   (b) The purpose of the community correctional reentry center is to
provide an enhancement program to increase the likelihood of a
successful parole. The objective of the program is to make the
inmates aware of their responsibility to society, and to assist the
inmates with educational and employment training to ensure
employability once on parole.
   (c) A community correctional reentry center shall prepare the
inmate for reintegration into society. These centers shall provide
counseling in the areas of drug and alcohol abuse, stress, employment
skills, victim awareness, and shall, in general, prepare the inmate
for return to society. The program shall also emphasize literacy
training and utilize computer-supported training so that the inmate
can read and write at least at a ninth grade level.
   (d) In awarding contracts pursuant to this section, the director
may entertain proposals for the establishment and operation of
community correctional reentry centers from public and private
entities and shall give preference to community correctional reentry
centers located near large population centers.

6258.1.  No inmate shall be transferred to a community correctional
reentry facility unless all of the following conditions are met:
   (a) The inmate applies for a transfer to a community correctional
reentry facility.
   (b) The inmate is not currently serving a sentence for conviction
of any offense described in subdivision (c) of Section 667.5.
   (c) The inmate has less than 120 days left to serve in a
correctional facility.
   (d) The inmate has not been convicted previously of an escape
pursuant to Section 4532 of the Penal Code.
   (e) The department determines that the inmate would benefit from
the transfer.

6259.  (a) For the purposes of acquiring the 2,000 community
correctional facility beds and notwithstanding any other provision of
law, the procurement and performance of any contracts authorized
pursuant to Chapter 9.5 (commencing with Section 6250) of Part 3 of
Title 7 of the Penal Code shall be conducted under the provisions of
Article 4 (commencing with Section 10335) of Part 2 of Division 2 of
the Public Contract Code, as a contract for services.
   (b) The procurement shall include requirements that the contractor
provide to the state options to purchase all or a portion of the
facilities and equipment used by the vendor in the performance of the
contract and that the consideration of the proposals include the
terms of these options. The contract shall provide specifications for
the vendor's acquisition of sites, compliance with environmental
requirements, preparation of plans and specifications for, and
development and operation of, facilities, and such other matters as
may be reasonably incidental to the development, operation, and
potential future acquisition by the state pursuant to an option to
purchase the facilities.
   (c) The exercise of an option to purchase shall be subject to the
jurisdiction of the State Public Works Board and the requirements of
the master plan for prison construction, Chapter 11 (commencing with
Section 7000) of Title 7 of Part 3 of the Penal Code, the State
Contract Act, Chapter 1 (commencing with Section 10100) of Part 2 of
Division 2 of the Public Contract Code, the State Building
Construction Act of 1955, Part 10b (commencing with Section 15800) of
Division 3 of the Government Code, and the Property Acquisition Law,
and Part 11 (commencing with Section 15850) of Division 3 of the
Government Code, but these provisions shall not apply to the
procurement of the option to purchase or the procurement and
performance of the contract.

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