2009 California Welfare and Institutions Code - Section 749.3-749.33 :: Article 18.8. County Juvenile Correctional Facilities Act

749.3.  This title shall be known and may be cited as the County
Juvenile Correctional Facilities Act.

749.31.  The Legislature finds and declares all of the following:
   (a) While the County Correctional Capital Expenditure Bond Act of
1986 and the County Correctional Facility Capital Expenditure and
Youth Facility Bond Act of 1988 have provided ninety million dollars
($90,000,000) for county juvenile facilities for remodeling to help
ensure health and safety requirements, many problems remain.
   (b) Numerous county juvenile facilities throughout California are
dilapidated and overcrowded and do not meet standards. Over 40
percent or 4,335 facility beds are in need of renovation,
reconstruction, construction, and deferred maintenance.
   (c) Capital improvements are necessary to protect the life and
safety of the persons confined or employed in juvenile facilities and
to upgrade the health and sanitary conditions of those facilities.
   (d) Over two hundred twenty million dollars ($220,000,000) is
needed to remodel, upgrade, or replace 4,335 beds by the year 2000.
   (e) Due to fiscal constraints associated with the loss of local
property tax revenues, counties are unable to finance the
construction of adequate juvenile facilities.
   (f) Local juvenile facilities are operating over capacity or must
implement emergency release procedures, and the population of these
facilities is still increasing. It is essential to the public safety
that construction proceed as expeditiously as possible to relieve
overcrowding and to maintain public safety and security.
   (g) County juvenile facilities are threatened with closure or the
imposition of court ordered sanctions if health and safety
deficiencies are not corrected immediately.

749.32.  As used in this article, the following terms have the
following meanings:
   (a) "County juvenile facilities" means county juvenile halls or
camps.
   (b) "Board" means the Board of Corrections.

749.33.  (a) Upon appropriation by the Legislature, moneys may be
available to the board for the purpose of awarding grants on a
competitive basis to counties for the renovation, reconstruction,
construction, completion of construction, and replacement of county
juvenile facilities, and the performance of deferred maintenance on
county juvenile facilities. However, deferred maintenance for
facilities shall only include items with a useful life of at least 10
years. Up to 1 1/2 percent of these moneys may be used by the board
for administration of this article.
   (b) No grant shall be awarded pursuant to this article unless the
applicant makes available resources in an amount equal to at least 25
percent of the amount of the grant. Resources may include in-kind
contributions from participating agencies, but in no event shall the
applicant's cash contribution be less than 10 percent of the grant.
   (c) An application for funds shall be in the manner and form
prescribed by the board and pursuant to recommendations of an
allocation advisory committee appointed by the board. From these
recommendations, an allocation plan shall be developed and adopted by
the board. The allocation advisory committee shall convene upon
notification by the board.
   (d) Any application for funds shall include, but not be limited
to, all of the following:
   (1) Documentation of need for the project or projects.
   (2) Adoption of a formal county plan to finance construction of
the proposed project or projects.
   (3) Submittal of a preliminary staffing plan for the project or
projects.
   (4) Submittal of architectural drawings, which shall be approved
by the board for compliance with minimum juvenile detention facility
standards and which shall also be approved by the State Fire Marshal
for compliance with fire and life safety requirements.
   (5) Documentation that the facilities will be safely staffed and
operated in compliance with law, including applicable regulations of
the board.
   (e) The board shall not be deemed a responsible agency, as defined
in Section 21069 of the Public Resources Code, or otherwise be
subject to the California Environmental Quality Act (Division 13
(commencing with Section 21000) of the Public Resources Code) for any
activities undertaken or funded pursuant to this title. This
subdivision does not exempt any local agency from the requirements of
the California Environmental Quality Act.