15820.90. For the purposes of this chapter, "participating county"
means any county, or regional consortium of counties, within the
state that has been certified to the State Public Works Board (SPWB)
by the Department of Corrections and Rehabilitation (CDCR) as having
satisfied all of the requirements set forth in Section 15820.906 for
financing a local jail facility pursuant to this chapter.
15820.901. (a) The CDCR, a participating county, and the SPWB are
authorized to acquire, design, and construct, a local jail facility
approved by the Corrections Standards Authority (CSA) pursuant to
Section 15820.906, or a site or sites owned by, or subject to a lease
or option to purchase held by a participating county. The ownership
interest of a participating county in the site or sites for a local
jail facility must be determined by the SPWB to be adequate for
purposes of its financing in order to be eligible under this chapter.
(b) Notwithstanding Section 15815 of the Government Code, a
participating county may acquire, design, or construct the local jail
facility in accordance with its local contracting authority.
Notwithstanding Section 14951, the participating county may assign an
inspector during the construction of the project.
(c) The CDCR, a participating county and the SPWB shall enter into
a construction agreement for these projects that shall provide, at a
minimum, performance expectations of the parties related to the
acquisition, design, construction, or renovation of the local jail
facility, guidelines and criteria for use and application of the
proceeds of revenue bonds, notes, or bond anticipation notes issued
by the SPWB to pay for the cost of the approved local jail facility
project and ongoing maintenance and staffing responsibilities for the
term of the financing.
(d) The construction agreement shall include a provision that the
participating county agrees to indemnify, defend, and save harmless
the State of California for any and all claims and losses arising out
of the acquisition, design, and construction of the project. The
construction agreement may also contain additional terms and
conditions that facilitate the financing by the SPWB.
(e) The scope and cost of these approved local jail facility
projects shall be subject to approval and administrative oversight by
the SPWB.
(f) For purposes of compliance with the California Environmental
Quality Act (Division 13 of the Public Resources Code (commencing
with Section 210000)), neither the SPWB nor the CDCR shall be deemed
a lead or responsible agency; the participating county is the lead
agency.
15820.902. Upon a participating county's receipt of responsive
construction bids, the SPWB and the CDCR may borrow funds for project
costs after the project has been certified pursuant to Section
15820.90 from the Pooled Money Investment Account pursuant to
Sections 16312 and 16313, or from any other appropriate source. In
the event any of the revenue bonds, notes or bond anticipation notes
authorized by this chapter are not sold, the CDCR shall commit a
sufficient amount of its support appropriation to repay any loans
made for an approved project.
15820.903. (a) The SPWB may issue up to seven hundred fifty million
dollars ($750,000,000) in revenue bonds, notes, or bond anticipation
notes, pursuant to Chapter 5 of Part 10b of Division 3 of Title 2
(commencing with Section 15830) to finance the acquisition, design,
or construction, and a reasonable construction reserve, of approved
local jail facilities described in Section 15820.901, and any
additional amount authorized under Section 15849.6 to pay for the
cost of financing.
(b) Proceeds from the revenue bonds, notes, or bond anticipation
notes may be utilized to reimburse a participating county for the
costs of acquisition, preliminary plans, working drawings, and
construction for approved projects.
(c) Notwithstanding Section 13340, funds derived pursuant to this
section and Section 15820.902 are continuously appropriated for
purposes of this chapter.
(d) This section shall become inoperative on June 30, 2017, and no
project may be commenced after that date; however, projects that
have already commenced by that date may be completed and financed
with bonds issued pursuant to this chapter.
15820.904. In support of this state funding, the Legislature finds
and declares all of the following:
(a) The county jail system needs more capacity.
(b) Without increased capacity, public safety throughout the state
may be jeopardized by offenders who either remain in the community
or are released early due to lack of jail capacity.
(c) By expanding jail capacity, this funding will serve a critical
state purpose by promoting public safety.
(d) This purpose represents valuable consideration in exchange for
this state action.
15820.905. With the consent of the SPWB, the CDCR, and a
participating county are authorized to enter into leases or
subleases, as lessor or lessee, for any property or approved project
and are further authorized to enter into contracts or other
agreements for the use, maintenance, and operation of the local jail
facility in order to facilitate the financing authorized by this
chapter. In those leases, subleases, or other agreements, the
participating county shall agree to indemnify, defend, and hold
harmless the State of California for any and all claims and losses
accruing and resulting from or arising out of the participating
county's use and occupancy of the local jail facility.
15820.906. (a) The CSA shall adhere to its duly adopted regulations
for the approval or disapproval of local jail facilities. The CSA
shall also consider cost-effectiveness in determining approval or
disapproval. No state moneys shall be encumbered in contracts let by
a participating county until either final architectural plans and
specifications have been approved by the CSA, and subsequent
construction bids have been received, or documents prepared by a
participating county pursuant to paragraph (1) of subdivision (d) of
Section 20133 of the Public Contract Code have been approved by the
CSA, and a design-build contract has been awarded pursuant to that
section. The review and approval of plans, specifications, or other
documents by the CSA are for the purpose of ensuring proper
administration of moneys and determination of whether the project
specifications comply with law and regulation. The CSA may require
changes in construction materials to enhance safety and security if
materials proposed at the time of final plans and specifications are
not essential and customary as used statewide for facilities of the
same security level. Participating counties are responsible for the
acquisition, design, construction, staffing, operation, repair, and
maintenance of the project.
(b) The CSA shall establish minimum standards, funding schedules,
and procedures, which shall take into consideration, but not be
limited to, the following:
(1) Certification by a participating county of project site
control through either fee simple ownership of the site or comparable
long-term possession of the site, and right of access to the
projects sufficient to assure undisturbed use and possession.
(2) Documentation of need for the project.
(3) A written project proposal.
(4) Submittal of a staffing plan for the project, including
operational cost projections and documentation that the local jail
facility will be able to be safety staffed and operated within 90
days of completion.
(5) Submittal of architectural drawings, which shall be approved
by the CSA for compliance with minimum adult detention facility
standards and which shall also be approved by the State Fire Marshal
for compliance with fire safety and life safety requirements.
(6) Documentation evidencing the filing by a participating county
of a final notice of determination on its environmental impact
report.
(7) Provisions intended to maintain the tax-exempt status of the
bonds, notes, or bond anticipation notes issued by the SPWB.
15820.907. (a) Participating county matching funds for projects
funded under this chapter shall be a minimum of 25 percent of the
total project costs. The CSA may reduce matching fund requirements
for participating counties with a general population below 200,000
upon petition by a participating county to the CSA requesting a lower
level of matching funds.
(b) The CDCR and CSA shall give funding preference to counties
that assist the state in siting reentry facilities, pursuant to
Section 6270. The CSA shall, to the extent possible, ensure that
funds for the construction of new jail beds be coordinated with CDCR'
s efforts to site new reentry facilities.
(c) The CDCR and CSA shall give funding preference to counties
that assist the state in siting mental health day treatment and
crisis care, pursuant to Section 3073 of the Penal Code, and to
counties that provide a continuum of care so that parolees with
mental health and substance abuse needs can continue to receive
services at the conclusion of their period of parole.
15820.90. For the purposes of this chapter, "participating county"
means any county, or regional consortium of counties, within the
state that has been certified to the State Public Works Board (SPWB)
by the Department of Corrections and Rehabilitation (CDCR) as having
satisfied all of the requirements set forth in Section 15820.906 for
financing a local jail facility pursuant to this chapter.
15820.901. (a) The CDCR, a participating county, and the SPWB are
authorized to acquire, design, and construct, a local jail facility
approved by the Corrections Standards Authority (CSA) pursuant to
Section 15820.906, or a site or sites owned by, or subject to a lease
or option to purchase held by a participating county. The ownership
interest of a participating county in the site or sites for a local
jail facility must be determined by the SPWB to be adequate for
purposes of its financing in order to be eligible under this chapter.
(b) Notwithstanding Section 15815 of the Government Code, a
participating county may acquire, design, or construct the local jail
facility in accordance with its local contracting authority.
Notwithstanding Section 14951, the participating county may assign an
inspector during the construction of the project.
(c) The CDCR, a participating county and the SPWB shall enter into
a construction agreement for these projects that shall provide, at a
minimum, performance expectations of the parties related to the
acquisition, design, construction, or renovation of the local jail
facility, guidelines and criteria for use and application of the
proceeds of revenue bonds, notes, or bond anticipation notes issued
by the SPWB to pay for the cost of the approved local jail facility
project and ongoing maintenance and staffing responsibilities for the
term of the financing.
(d) The construction agreement shall include a provision that the
participating county agrees to indemnify, defend, and save harmless
the State of California for any and all claims and losses arising out
of the acquisition, design, and construction of the project. The
construction agreement may also contain additional terms and
conditions that facilitate the financing by the SPWB.
(e) The scope and cost of these approved local jail facility
projects shall be subject to approval and administrative oversight by
the SPWB.
(f) For purposes of compliance with the California Environmental
Quality Act (Division 13 of the Public Resources Code (commencing
with Section 210000)), neither the SPWB nor the CDCR shall be deemed
a lead or responsible agency; the participating county is the lead
agency.
15820.902. Upon a participating county's receipt of responsive
construction bids, the SPWB and the CDCR may borrow funds for project
costs after the project has been certified pursuant to Section
15820.90 from the Pooled Money Investment Account pursuant to
Sections 16312 and 16313, or from any other appropriate source. In
the event any of the revenue bonds, notes or bond anticipation notes
authorized by this chapter are not sold, the CDCR shall commit a
sufficient amount of its support appropriation to repay any loans
made for an approved project.
15820.903. (a) The SPWB may issue up to seven hundred fifty million
dollars ($750,000,000) in revenue bonds, notes, or bond anticipation
notes, pursuant to Chapter 5 of Part 10b of Division 3 of Title 2
(commencing with Section 15830) to finance the acquisition, design,
or construction, and a reasonable construction reserve, of approved
local jail facilities described in Section 15820.901, and any
additional amount authorized under Section 15849.6 to pay for the
cost of financing.
(b) Proceeds from the revenue bonds, notes, or bond anticipation
notes may be utilized to reimburse a participating county for the
costs of acquisition, preliminary plans, working drawings, and
construction for approved projects.
(c) Notwithstanding Section 13340, funds derived pursuant to this
section and Section 15820.902 are continuously appropriated for
purposes of this chapter.
(d) This section shall become inoperative on June 30, 2017, and no
project may be commenced after that date; however, projects that
have already commenced by that date may be completed and financed
with bonds issued pursuant to this chapter.
15820.904. In support of this state funding, the Legislature finds
and declares all of the following:
(a) The county jail system needs more capacity.
(b) Without increased capacity, public safety throughout the state
may be jeopardized by offenders who either remain in the community
or are released early due to lack of jail capacity.
(c) By expanding jail capacity, this funding will serve a critical
state purpose by promoting public safety.
(d) This purpose represents valuable consideration in exchange for
this state action.
15820.905. With the consent of the SPWB, the CDCR, and a
participating county are authorized to enter into leases or
subleases, as lessor or lessee, for any property or approved project
and are further authorized to enter into contracts or other
agreements for the use, maintenance, and operation of the local jail
facility in order to facilitate the financing authorized by this
chapter. In those leases, subleases, or other agreements, the
participating county shall agree to indemnify, defend, and hold
harmless the State of California for any and all claims and losses
accruing and resulting from or arising out of the participating
county's use and occupancy of the local jail facility.
15820.906. (a) The CSA shall adhere to its duly adopted regulations
for the approval or disapproval of local jail facilities. The CSA
shall also consider cost-effectiveness in determining approval or
disapproval. No state moneys shall be encumbered in contracts let by
a participating county until either final architectural plans and
specifications have been approved by the CSA, and subsequent
construction bids have been received, or documents prepared by a
participating county pursuant to paragraph (1) of subdivision (d) of
Section 20133 of the Public Contract Code have been approved by the
CSA, and a design-build contract has been awarded pursuant to that
section. The review and approval of plans, specifications, or other
documents by the CSA are for the purpose of ensuring proper
administration of moneys and determination of whether the project
specifications comply with law and regulation. The CSA may require
changes in construction materials to enhance safety and security if
materials proposed at the time of final plans and specifications are
not essential and customary as used statewide for facilities of the
same security level. Participating counties are responsible for the
acquisition, design, construction, staffing, operation, repair, and
maintenance of the project.
(b) The CSA shall establish minimum standards, funding schedules,
and procedures, which shall take into consideration, but not be
limited to, the following:
(1) Certification by a participating county of project site
control through either fee simple ownership of the site or comparable
long-term possession of the site, and right of access to the
projects sufficient to assure undisturbed use and possession.
(2) Documentation of need for the project.
(3) A written project proposal.
(4) Submittal of a staffing plan for the project, including
operational cost projections and documentation that the local jail
facility will be able to be safety staffed and operated within 90
days of completion.
(5) Submittal of architectural drawings, which shall be approved
by the CSA for compliance with minimum adult detention facility
standards and which shall also be approved by the State Fire Marshal
for compliance with fire safety and life safety requirements.
(6) Documentation evidencing the filing by a participating county
of a final notice of determination on its environmental impact
report.
(7) Provisions intended to maintain the tax-exempt status of the
bonds, notes, or bond anticipation notes issued by the SPWB.
15820.907. (a) Participating county matching funds for projects
funded under this chapter shall be a minimum of 25 percent of the
total project costs. The CSA may reduce matching fund requirements
for participating counties with a general population below 200,000
upon petition by a participating county to the CSA requesting a lower
level of matching funds.
(b) The CDCR and CSA shall give funding preference to counties
that assist the state in siting reentry facilities, pursuant to
Section 6270. The CSA shall, to the extent possible, ensure that
funds for the construction of new jail beds be coordinated with CDCR'
s efforts to site new reentry facilities.
(c) The CDCR and CSA shall give funding preference to counties
that assist the state in siting mental health day treatment and
crisis care, pursuant to Section 3073 of the Penal Code, and to
counties that provide a continuum of care so that parolees with
mental health and substance abuse needs can continue to receive
services at the conclusion of their period of parole.
15820.90. For the purposes of this chapter, "participating county"
means any county, or regional consortium of counties, within the
state that has been certified to the State Public Works Board (SPWB)
by the Department of Corrections and Rehabilitation (CDCR) as having
satisfied all of the requirements set forth in Section 15820.906 for
financing a local jail facility pursuant to this chapter.
15820.901. (a) The CDCR, a participating county, and the SPWB are
authorized to acquire, design, and construct, a local jail facility
approved by the Corrections Standards Authority (CSA) pursuant to
Section 15820.906, or a site or sites owned by, or subject to a lease
or option to purchase held by a participating county. The ownership
interest of a participating county in the site or sites for a local
jail facility must be determined by the SPWB to be adequate for
purposes of its financing in order to be eligible under this chapter.
(b) Notwithstanding Section 15815 of the Government Code, a
participating county may acquire, design, or construct the local jail
facility in accordance with its local contracting authority.
Notwithstanding Section 14951, the participating county may assign an
inspector during the construction of the project.
(c) The CDCR, a participating county and the SPWB shall enter into
a construction agreement for these projects that shall provide, at a
minimum, performance expectations of the parties related to the
acquisition, design, construction, or renovation of the local jail
facility, guidelines and criteria for use and application of the
proceeds of revenue bonds, notes, or bond anticipation notes issued
by the SPWB to pay for the cost of the approved local jail facility
project and ongoing maintenance and staffing responsibilities for the
term of the financing.
(d) The construction agreement shall include a provision that the
participating county agrees to indemnify, defend, and save harmless
the State of California for any and all claims and losses arising out
of the acquisition, design, and construction of the project. The
construction agreement may also contain additional terms and
conditions that facilitate the financing by the SPWB.
(e) The scope and cost of these approved local jail facility
projects shall be subject to approval and administrative oversight by
the SPWB.
(f) For purposes of compliance with the California Environmental
Quality Act (Division 13 of the Public Resources Code (commencing
with Section 210000)), neither the SPWB nor the CDCR shall be deemed
a lead or responsible agency; the participating county is the lead
agency.
15820.902. Upon a participating county's receipt of responsive
construction bids, the SPWB and the CDCR may borrow funds for project
costs after the project has been certified pursuant to Section
15820.90 from the Pooled Money Investment Account pursuant to
Sections 16312 and 16313, or from any other appropriate source. In
the event any of the revenue bonds, notes or bond anticipation notes
authorized by this chapter are not sold, the CDCR shall commit a
sufficient amount of its support appropriation to repay any loans
made for an approved project.
15820.903. (a) The SPWB may issue up to seven hundred fifty million
dollars ($750,000,000) in revenue bonds, notes, or bond anticipation
notes, pursuant to Chapter 5 of Part 10b of Division 3 of Title 2
(commencing with Section 15830) to finance the acquisition, design,
or construction, and a reasonable construction reserve, of approved
local jail facilities described in Section 15820.901, and any
additional amount authorized under Section 15849.6 to pay for the
cost of financing.
(b) Proceeds from the revenue bonds, notes, or bond anticipation
notes may be utilized to reimburse a participating county for the
costs of acquisition, preliminary plans, working drawings, and
construction for approved projects.
(c) Notwithstanding Section 13340, funds derived pursuant to this
section and Section 15820.902 are continuously appropriated for
purposes of this chapter.
(d) This section shall become inoperative on June 30, 2017, and no
project may be commenced after that date; however, projects that
have already commenced by that date may be completed and financed
with bonds issued pursuant to this chapter.
15820.904. In support of this state funding, the Legislature finds
and declares all of the following:
(a) The county jail system needs more capacity.
(b) Without increased capacity, public safety throughout the state
may be jeopardized by offenders who either remain in the community
or are released early due to lack of jail capacity.
(c) By expanding jail capacity, this funding will serve a critical
state purpose by promoting public safety.
(d) This purpose represents valuable consideration in exchange for
this state action.
15820.905. With the consent of the SPWB, the CDCR, and a
participating county are authorized to enter into leases or
subleases, as lessor or lessee, for any property or approved project
and are further authorized to enter into contracts or other
agreements for the use, maintenance, and operation of the local jail
facility in order to facilitate the financing authorized by this
chapter. In those leases, subleases, or other agreements, the
participating county shall agree to indemnify, defend, and hold
harmless the State of California for any and all claims and losses
accruing and resulting from or arising out of the participating
county's use and occupancy of the local jail facility.
15820.906. (a) The CSA shall adhere to its duly adopted regulations
for the approval or disapproval of local jail facilities. The CSA
shall also consider cost-effectiveness in determining approval or
disapproval. No state moneys shall be encumbered in contracts let by
a participating county until either final architectural plans and
specifications have been approved by the CSA, and subsequent
construction bids have been received, or documents prepared by a
participating county pursuant to paragraph (1) of subdivision (d) of
Section 20133 of the Public Contract Code have been approved by the
CSA, and a design-build contract has been awarded pursuant to that
section. The review and approval of plans, specifications, or other
documents by the CSA are for the purpose of ensuring proper
administration of moneys and determination of whether the project
specifications comply with law and regulation. The CSA may require
changes in construction materials to enhance safety and security if
materials proposed at the time of final plans and specifications are
not essential and customary as used statewide for facilities of the
same security level. Participating counties are responsible for the
acquisition, design, construction, staffing, operation, repair, and
maintenance of the project.
(b) The CSA shall establish minimum standards, funding schedules,
and procedures, which shall take into consideration, but not be
limited to, the following:
(1) Certification by a participating county of project site
control through either fee simple ownership of the site or comparable
long-term possession of the site, and right of access to the
projects sufficient to assure undisturbed use and possession.
(2) Documentation of need for the project.
(3) A written project proposal.
(4) Submittal of a staffing plan for the project, including
operational cost projections and documentation that the local jail
facility will be able to be safety staffed and operated within 90
days of completion.
(5) Submittal of architectural drawings, which shall be approved
by the CSA for compliance with minimum adult detention facility
standards and which shall also be approved by the State Fire Marshal
for compliance with fire safety and life safety requirements.
(6) Documentation evidencing the filing by a participating county
of a final notice of determination on its environmental impact
report.
(7) Provisions intended to maintain the tax-exempt status of the
bonds, notes, or bond anticipation notes issued by the SPWB.
15820.907. (a) Participating county matching funds for projects
funded under this chapter shall be a minimum of 25 percent of the
total project costs. The CSA may reduce matching fund requirements
for participating counties with a general population below 200,000
upon petition by a participating county to the CSA requesting a lower
level of matching funds.
(b) The CDCR and CSA shall give funding preference to counties
that assist the state in siting reentry facilities, pursuant to
Section 6270. The CSA shall, to the extent possible, ensure that
funds for the construction of new jail beds be coordinated with CDCR'
s efforts to site new reentry facilities.
(c) The CDCR and CSA shall give funding preference to counties
that assist the state in siting mental health day treatment and
crisis care, pursuant to Section 3073 of the Penal Code, and to
counties that provide a continuum of care so that parolees with
mental health and substance abuse needs can continue to receive
services at the conclusion of their period of parole.
