2009 California Penal Code - Section 7000-7050 :: Chapter 11. Master Plan Construction

PENAL CODE
SECTION 7000-7050

7000.  (a) The Department of Corrections and Rehabilitation shall
prepare plans for, and construct facilities and renovations included
within, its master plan for which funds have been appropriated by the
Legislature.
   (b) "Master plan" means the department's "Facility Requirements
Plan," dated April 7, 1980, and any subsequent revisions.

7001.  Any power, function, or jurisdiction for planning or
construction of facilities or renovations pursuant to the master plan
which is conferred by statute upon the Department of General
Services shall be deemed to be conferred upon the department.

7002.  The department may transfer the responsibility for
undertaking any aspect of the master plan to the Department of
General Services or the Office of the State Architect which, upon
such transfer, shall perform those functions with all deliberate
speed.

7003.  For each facility or project included within its master plan,
at least 30 days prior to submission of preliminary plans to the
State Public Works Board, the department shall submit to the Joint
Legislative Budget Committee all of the following:
   (a) A preliminary plan submittal package, as defined by the State
Administrative Manual.
   (b) An estimate of the annual operating costs of the facility.
   (c) A staffing plan for the operation of the facility.
   (d) A plan for providing medical, mental health, and dental care
to inmates.
   (e) A plan for inmate programming at the facility, including
education, work, and substance abuse programming.
   If the committee fails to take any action with respect to the
submitted plans within 45 days after submittal, this inaction shall
be deemed to be approval for purposes of this section.

7003.5.  (a) The department shall provide the Joint Legislative
Budget Committee with quarterly reports on the progress of funded
projects consistent with the requirements outlined in the State
Administrative Manual. This report shall include new prisons,
projects to construct inmate housing and other buildings at, or
within, existing prison facilities, prison medical, mental health,
and dental facilities, reentry facilities, and infrastructure
projects at existing prison facilities.
   (b) On January 10 of each year, the department shall provide a
report to the Joint Legislative Budget Committee that includes the
status of each project that is part of the master plan, including
projects planned, projects in preliminary planning, working, drawing
and construction phases, and projects that have been completed. The
report shall include new prisons; projects to construct inmate
housing and other buildings at or within existing prison facilities;
prison medical, mental health, and dental facilities; reentry
facilities; and infrastructure projects at existing prison
facilities.
   (c) This section applies to regular prison facilities; projects to
expand existing prison facilities; prison medical, mental health,
and dental facilities; reentry facilities; and infrastructure
projects at existing prison facilities, whether or not built or
operated exclusively by the department.
   (d) The report required in subdivision (b) shall include the
following information for adult and juvenile facilities:
   (1) The department's plans to remove temporary beds in dayrooms,
gyms, and other areas, as well as plans to permanently close or
change the mission of the facilities.
   (2) The department's plans to construct new facilities, including
reentry facilities.
   (3) The department's plans to renovate existing facilities and
renovate, improve, or expand infrastructure capacity at existing
prison facilities.
   (4) The scope of each project identified in the master plan.
   (5) The budget for each project identified in the master plan.
   (6) The schedule for each project identified in the master plan.
   (7) A master schedule for the overall plan to deliver the
department's capital outlay program including planned versus actual
progress to date.
   (8) Staffing plans for each project identified in the master plan,
including program, custody, facilities management, administration,
and health care.
   (9) Total estimated cost of all projects in the master plan by
funding source, including planned versus actual expenditures to date.
   (10) Projected versus actual population plotted against projected
versus actual housing capacity in aggregate and by security level.

7004.  The plans required pursuant to Section 7000 shall contain the
department's plan for soliciting and receiving local public comment
regarding the placement of a correctional facility in any particular
community. The plan shall include provision for notice to a
community, including the city, county, or city and county, under
consideration for construction of a facility within 30 days after the
department has identified a possible site for the proposed facility,
public hearings on the proposed facility, and dissemination of the
response of the department to comments of the community on the
proposed facility.
   The plan developed by the department concerning public comment on
placement of correctional facilities shall be submitted to the
Legislature and the Governor within 60 days of the effective date of
this section. The plan shall be implemented as of the date of
submission to the Governor and Legislature with respect to all
prospective placements of correctional facilities. The Legislature
and the Governor shall also be sent any subsequent changes or
revisions of the plan by the department.

7004.5.  The Department of Corrections and Rehabilitation shall meet
with representatives of cities or, if the prison is located in an
unincorporated location, counties, whenever the Legislature
authorizes the planning, design, or construction of new permanent
housing units. The meeting shall take place prior to the completion
of the review required by Division 13 (commencing with Section 21000)
of the Public Resources Code. The department shall describe the
scope of the project and the project schedule, and shall consider
comments from the city or county representatives regarding the
project's impact.

7005.  Notwithstanding any other provision of law, mitigation
funding shall be distributed to any local education agency, or any
city, county, or city and county as a result of the construction of
new permanent prison housing facilities, the activation of temporary
beds as part of the Emergency Bed Program authorized by the Budget
Acts of 1995 and 1996, and any future emergency bed expansions by the
Department of Corrections if funds for that purpose are appropriated
to the department in the annual Budget Act or any other act approved
by the Legislature.

7005.5.  (a) Any funds appropriated for mitigation costs pursuant to
Section 7005 shall be divided as follows: one-half for allocation
among any impacted local education agency, and one-half for
allocation among any impacted city, county, or city and county.
   (b) Any funds appropriated for mitigation of costs of a city,
county, or city and county shall be divided among any city, county,
or city and county impacted by the prison construction or expansion.
   (c) Funds to be allocated among any impacted city, county, or city
and county shall be paid directly to each impacted entity by the
Department of Corrections upon receipt of resolutions adopted by the
governing body of each impacted city, county, or city and county
indicating agreement by an entity regarding the specific allocations
to that entity. Only a local impacted entity whose current approved
sphere of influence includes the site of increased inmate housing
capacity shall be deemed to be a jurisdiction eligible for mitigation
pursuant to Section 7005.
   (d) Funds to be allocated among any impacted local education
agency shall be disbursed to the county superintendent of schools for
allocation among any impacted local education agency.

7006.  (a) The Department of the Youth Authority is authorized to
transfer to the Department of Corrections title to any property of
the Preston School of Industry at Ione not currently being used by
the Department of the Youth Authority.
   (b) The Department of the Youth Authority is authorized to
transfer to the Department of Corrections title to any property of
the Northern California Youth Center near Stockton not currently
being used by the Department of the Youth Authority.

7008.  (a) Division 13 (commencing with Section 21000) of the Public
Resources Code shall not apply to the addition of 150 Level I and
Level II beds authorized by Section 5 of this act at San Gabriel
Canyon, provided that the department has made the following finding
with respect to that facility:
   (1) The increase in bed capacity, if any, shall not exceed, 5
percent of the total capacity of the facility prior to the increase.
   (2) Any modifications made to existing structures are internal
only. No external additions to existing structures or construction of
new structures shall be done. Modular structures used exclusively
for prisoner program activity shall be exempt from this requirement.
   (3) Any modifications to a facility shall not result in a
significant depletion in water, sewage, or other environmental
resources. The department shall present substantial evidence that
this requirement has been met in the findings described in
subdivision (b).
   (b) The department shall make findings that the requirements of
subdivision (a) have been met, and shall make the findings available
to the public.

7010.  (a) The Director of Corrections may solicit bids for any
lease or lease-purchase for the establishment of a prison facility
for a site in Los Angeles County.
   (b) The director may not accept any lease or lease-purchase bid or
execute any lease or lease-purchase agreement unless and until the
bid or agreement is submitted for review and approval under the
procedure described in Section 7003.
   (c) Any lease or lease-purchase agreement executed pursuant to
this section shall contain, as a condition of the agreement,
stipulations requiring compliance with the provisions of Chapter 1
(commencing with Section 1720) of Part 7 of the Labor Code in the
construction of any facility within the scope of the agreement.

7011.  (a) The Department of Corrections shall submit to the Joint
Legislative Prison Committee, the Kings County Board of Supervisors,
the Corcoran City Council, and the State Public Works Board, at least
30 days prior to the acquisition of real property for a prison
facility to be located in the vicinity of Corcoran in Kings County,
an environmental assessment study, which shall include a discussion
of impacts and mitigation measures, if necessary, for the following
areas:
   (1) Geology.
   (2) Hydrology--groundwater.
   (3) Water quality--surface waters.
   (4) Plant and animal life--endangered and rare species.
   (5) Air quality.
   (6) Noise.
   (7) Light and glare.
   (8) Transportation and circulation.
   (9) Utilities--gas, electricity, telephone, solid waste, sewage
disposal, and drinking water.
   (10) Archaeology.
   (11) Energy.
   (b) The factors set forth in subdivision (a) shall be assessed
only as they relate to the direct impacts caused off the site as a
result of the construction, operation, and maintenance of the prison
facility upon completion and occupancy.
   (c) Notwithstanding any other provisions of law, other than
Section 7003 and those provisions of the Government Code that require
the approval of the State Public Works Board, the Department of
Finance, or the Director of Finance for capital outlay projects, the
approval of the study by the State Public Works Board is the only
approval required for the acquisition of real property, planning,
design, and construction of the prison facility and the operation and
maintenance of the facility. The State Public Works Board shall not
act on the study until it receives a recommendation from the Joint
Legislative Prison Committee. Approval of the study by the State
Public Works Board shall be final and binding on all parties.
   (d) If the committee does not, by a majority vote of the committee
membership, take any action on the study within 30 days after
submittal, that inaction shall be deemed to be a recommendation of
concurrence for the purposes of this section.
   (e) Prior to providing a recommendation to the State Public Works
Board, but within the 30-day period specified in subdivision (d), the
committee shall hold a public hearing in Corcoran. Notice of the
hearing shall be published in a newspaper of general circulation in,
or adjacent to, Corcoran. The notice shall be at least one-quarter
page in size. The Corcoran City Council and the Kings County Board of
Supervisors shall be invited to participate in the hearing.

7012.  (a) The Department of Corrections shall submit to the Joint
Legislative Prison Committee, the State Public Works Board, the
appropriate county board of supervisors, and the local city council
at least 30 days prior to the acquisition of real property for prison
facilities to be located in Riverside and Del Norte Counties, an
environmental assessment study, which shall include a discussion of
impacts and mitigation measures, if necessary, for the following
areas:
   (1) Geology.
   (2) Hydrology-groundwater.
   (3) Water quality-surface waters.
   (4) Plant and animal life-endangered and rare species.
   (5) Air quality.
   (6) Noise.
   (7) Light and glare.
   (8) Utilities-gas, electricity, telephone, solid waste, sewage
disposal, and drinking water.
   (9) Archaeology.
   (10) Energy.
   (b) The factors set forth in subdivision (a) shall be assessed
only as they relate to the direct impacts caused off the site as a
result of the construction, operation, and maintenance of the prison
facility upon completion and occupancy.
   (c) Notwithstanding any other provision of law, other than Section
7003, the approval of the study by the State Public Works Board is
the only approval required for compliance with any applicable
environmental requirements. The Public State Works Board shall not
act on the study until it receives a recommendation from the Joint
Legislative Prison Committee. Approval of the study by the State
Public Works Board shall be final and binding on all parties.
   (d) If the committee does not, by a majority vote of the committee
membership, take any action on the study within 30 days after
submittal, that inaction shall be deemed to be a recommendation of
concurrence for the purposes of this section.
   (e) Prior to providing a recommendation to the State Public Works
Board, but within the 30-day period specified in subdivision (d), the
committee shall hold a public hearing in the community in the
vicinity of the proposed site. Notice of the hearing shall be
published in a newspaper of general circulation in, or adjacent to,
that community. The notice shall be at least one-quarter page in
size. The city council and the county board of supervisors shall be
invited to participate in the hearing.

7013.  The Department of Corrections shall contract, or make a
good-faith effort to contract, with the Department of Water Resources
or the Bureau of Reclamation, or both, to secure a water supply for
the prison at Avenal.

7015.  (a) Except as provided in subdivision (b), the Department of
Corrections may contract with the City of Folsom for the construction
of a courthouse and related facilities, not to exceed one million
nine hundred thousand dollars ($1,900,000) in costs. Under this
contract, the Department of Corrections is authorized to make
payments to the City of Folsom in consideration for the construction
of the courthouse, provided that the sums paid to the city are
realized from savings to the department by the location of the
courthouse in the immediate proximity of Folsom Prison.
   Under this contract, the Department of Corrections is authorized
to make annual payments to the City of Folsom in an amount not to
exceed the approximate savings realized in each fiscal year. These
funds shall come from the operating budget of the department.
   In negotiating this contract, the Department of Corrections shall
note the extent to which the courthouse will serve the interests of
the County of Sacramento independent of matters pertaining to
individuals in state custody and shall seek appropriate participation
in the funding of the courthouse from the county.
   (b) The Department of Corrections may not contract with the City
of Folsom for a court facility unless a majority of the members of
the Sacramento County Board of Supervisors, the presiding judge of
the Sacramento County Municipal Court, and the presiding judge of the
Sacramento County Superior Court all agree, in writing, to operate a
court facility in the City of Folsom as provided by subdivision (a).

7016.  The Department of Corrections may contract with the County of
Kern for the construction and financing of a courthouse and related
facilities. Under this contract, the Department of Corrections is
authorized to make payments to the County of Kern in consideration
for the construction and financing of the courthouse and related
facilities, provided that the sums paid to the county are realized
from savings to the department by the location of the courthouse in
the proximity of the California Correctional Facility in Tehachapi.
   In accordance with the contract, the Department of Corrections is
authorized to make annual payments to the County of Kern from the
approximate savings realized in each fiscal year. These funds shall
come from the operating budget of the department. In negotiating this
contract, the Department of Corrections shall note the extent to
which the courthouse will serve the interest of the County of Kern
independent of matters pertaining to individuals in state custody,
and seek appropriate county participation in funding.

7021.  (a) The State Public Works Board may not release any funds
provided for projects in Section 15819.41 of the Government Code or
Section 6271.1, until a three-member panel, composed of the State
Auditor, the Inspector General, and an appointee of the Judicial
Council of California, verifies that the conditions outlined in
paragraphs (1) to (13), inclusive, have been met. The Legislative
Analyst shall provide information and input to the three-member panel
as it considers whether the conditions have been met.
   (1) At least 4,000 beds authorized in subdivision (a) of Section
15819.40 of the Government Code have been established by the State
Public Works Board.
   (2) The first 4,000 beds authorized in subdivision (a) of Section
15819.40 of the Government Code include space and will provide
opportunities for rehabilitation services for inmates.
   (3) At least 2,000 of the beds authorized in subdivision (a) of
Section 6271 are under construction or sited.
   (4) At least 2,000 substance abuse treatment slots established in
Section 2694 have been established, with aftercare in the community.
   (5) Prison institutional drug treatment slots have averaged at
least 75 percent participation over the previous six months.
   (6) The Department of Corrections and Rehabilitation has
implemented an inmate assessment at reception centers, pursuant to
Section 3020, and has used the assessment to assign inmates to
rehabilitation programs for at least six consecutive months.
   (7) The Department of Corrections and Rehabilitation has completed
the Inmate Treatment and Prison-to-Employment Plan, pursuant to
Section 3105.
   (8) At least 300 parolees are being served in day treatment or
crisis care services, pursuant to Section 3073.
   (9) The California Rehabilitation Oversight Board (C-ROB), created
pursuant to Section 6140, has been in operation for at least one
year, and is regularly reviewing the Department of Corrections and
Rehabilitation's programs. This condition may be waived if the
appointments to the C-ROB have not been made by the Legislature.
   (10) The Department of Corrections and Rehabilitation has
implemented a plan to address management deficiencies, pursuant to
Section 2061, and at least 75 percent of management positions have
been filled for at least six months.
   (11) The Department of Corrections and Rehabilitation has
increased full-time participation in inmate academic and vocation
education programs by 10 percent from the levels of participation on
April 1, 2007.
   (12) The Department of Corrections and Rehabilitation has
developed and implemented a plan to obtain additional rehabilitation
services, pursuant to Section 2062, and the vacancy rate for
positions dedicated to rehabilitation and treatment services in
prisons and parole offices is no greater than the statewide average
vacancy rate for all state positions.
   (13) The Department of Corrections and Rehabilitation has reviewed
existing parole procedures.
   (b) The provisions of Section 15819.41 of the Government Code and
Section 6271.1 shall not authorize construction of facilities until
the three-member panel specified in subdivision (a) has certified
that the requirements of that subdivision have been met. Those
sections shall become inoperative on January 1, 2014. Any projects
already underway may continue, and funding for those projects shall
remain authorized in order to allow for the issuance of bonds.
   (c) The requirements set forth in this section are contingent upon
the Legislature making funds available for the rehabilitation
programs set forth in the Public Safety and Offender Rehabilitation
Services Act of 2007.

7050.  (a) (1) Section 28 of Chapter 7 of the Statutes of 2007
contains an appropriation of three hundred million dollars
($300,000,000) for capital outlay to be allocated to renovate,
improve, or expand infrastructure capacity at existing prison
facilities. The funds appropriated by that section may be used for
land acquisition, environmental services, architectural programming,
engineering assessments, schematic design, preliminary plans, working
drawings, and construction.
   (2) These funds may also be used to address deficiencies related
to utility systems owned by local government entities and serving
state prison facilities subject to the provisions of Section 54999 of
the Government Code. The department shall report on any funds to be
expended for this purpose to the Joint Legislative Budget Committee.
If the committee fails to take any action with respect to each
notification within 20 days after submittal, this inaction shall be
deemed to be approval for purposes of this section.
   (3) This subsection authorizes the scope and cost of a single
capital outlay project for purposes of calculating augmentations
pursuant to Section 13332.11.
   (b) The scope and costs of the projects described in subdivision
(a) of this section shall be subject to approval and administrative
oversight by the State Public Works Board, including augmentations,
pursuant to Section 13332.11 of the Government Code. The availability
of an augmentation for each individual project allocation shall be
based on the total applicable capital outlay appropriation contained
in Section 28 of Chapter 7 of the Statutes of 2007 and is not limited
to 20 percent of the individual project allocation. These
requirements shall be applied separately to each institution. All of
the necessary infrastructure improvements at each institution may be
treated as one project such that there would be one infrastructure
improvement project at each institution. The scope and cost of each
infrastructure improvement project shall be established by the board
individually. The amount of the total appropriation in Section 28 of
Chapter 7 of the Statutes of 2007 that is necessary for each
infrastructure improvement project shall be allocated by institution.
The appropriation may be allocated based on current estimates. These
initial allocations may be adjusted commensurate to changes that
occur during the progression of the projects. As allocations are made
or adjusted, the anticipated deficit or savings shall be
continuously tracked and reported. Once the total appropriation has
been allocated, any augmentation necessary to fund an anticipated
deficit shall be based on the total appropriation and allocated to
each project as necessary. The Joint Legislative Budget Committee
shall be notified 30 days prior to the establishment of scope,
schedule, and cost for each project by the board. The Department of
Corrections and Rehabilitation shall notify the Joint Legislative
Budget Committee 45 days prior to the submission of preliminary plans
to the board for each project. If, after providing these
notifications to the Joint Legislative Budget Committee, the
committee fails to take any action with respect to the notifications
within the specified time periods, this inaction will be deemed to be
approval for purposes of this section. The Department of Corrections
and Rehabilitation shall report on the allocations from the
appropriation in Section 28 of Chapter 7 of the Statutes of 2007 and
the anticipated deficit or savings to the Joint Legislative Budget
Committee quarterly.
   (c) The scope and costs of the projects described in subdivision
(a) shall be part of the Department of Corrections and Rehabilitation'
s Master Plan, as defined in Section 7000.
   (d) The reporting requirements set forth in Sections 7000 and
7003.5 shall apply separately to each project constructed or
renovated pursuant to this section. For all purposes other than
calculating augmentations pursuant to Section 13332.11 each
improvement authorized under subdivision (a) is considered a separate
project.


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