SECTIONS 6240-6246

6240.  The Legislature finds and declares the following: (a) The number of people in state prisons whose primary commitmentoffense was for drug law violations represents approximately 24percent of the inmate population. Based on a representative samplestudy of new felon admissions during 1988, it is estimated thatapproximately 76 percent of the new commitment admissions to prisonhave a known history of drug abuse. The number of parole violators returned to prison for drugviolations increased 2200 percent from 1980 to 1988. In fiscal year1988-89, drug charges were a known contributing factor in over 64percent of parolees returned to prison for parole violations. (b) The relationship between public safety, recidivism, andsubstance abuse is undeniable and significant. (c) As pointed out by the California Blue Ribbon Commission onInmate Population Management in its January 1990 report, both stateand local correction systems are presently lacking sufficientprograms and strategies to intervene with substance abuse and otherbehaviors that contribute to criminality. Judges and paroleauthorities lack the options of community correctional facilities andprograms with substance abuse intervention and treatment whenmanaging parole violators, probationers, parolees, and nonviolentoffenders with a history of substance abuse. (d) There presently does not exist a model for a state and localcenter to house substance abusers, increase employability skills,provide counseling and support, and make treatment programs availableto intervene and treat substance abuse, to reduce the crime problemand the social costs which these offenders bring upon society,themselves, and their families. It is, therefore, the intent of the Legislature to provide for theestablishment of substance abuse community correctional centers andprograms to be operated locally in order to implementstate-of-the-art rehabilitation programs commensurate with publicsafety considerations. It is further the intent of the Legislature to focus these effortsin local communities in order to blend state and local efforts toachieve a higher success rate and lower recidivism, and to reduce thenumber of substance abusers and offenders who are currently beingsent to state prison. It is also the intent of the Legislature that these programs andhousing facilities be built and operated in a manner providingmaximum safety to the public commensurate with the purpose of theprogramming, and that the facilities be kept drug-free by whateverlegal means are required. The facilities and the programs shall be designed and operated injoint efforts by the state and counties, with primary funding fromthe state for construction of the facilities. It is the intent of the Legislature that funds disbursed pursuantto this chapter be used to construct the maximum possible number ofcommunity beds for this purpose commensurate with public safetyrequirements.6240.5.  This act shall be known, and may be cited, as the SubstanceAbuse Community Correctional Treatment Act.6240.6.  For purposes of this chapter, the following definitionsshall apply: (a) "Board" means the Board of Corrections. (b) "Department" means the Department of Corrections. (c) "Center" means a substance abuse community correctionaldetention center. (d) "Construction" means new construction, reconstruction,remodeling, renovation, or replacement of facilities, or acombination thereof. (e) "Facility" means the physical buildings, rooms, areas, andequipment used for the purpose of a substance abuse communitycorrectional detention center.6241.  (a) The Substance Abuse Community Correctional DetentionCenters Fund is hereby created within the State Treasury. The Boardof Corrections is authorized to provide funds, as appropriated by theLegislature, for the purpose of establishing substance abusecommunity correctional detention centers. These facilities shall beoperated locally in order to manage parole violators, those selectindividuals sentenced to state prison for short periods of time, andother sentenced local offenders with a known history of substanceabuse, and as further defined by this chapter. (b) The facilities constructed with funds disbursed pursuant tothis chapter in a county shall contain no less than 50 percent oftotal beds for use by the Department of Corrections andRehabilitation. (1) Upon agreement, the county and the department may negotiateany other mix of state and local bed space, providing the state'sproportionate share shall not be less than 50 percent in the portionof the facilities financed through state funding. (2) Nothing in this chapter shall prohibit the county from usingcounty funds or nonrestricted jail bond funds to build and operateadditional facilities in conjunction with the centers provided for inthis chapter. (c) Thirty million dollars ($30,000,000) in funds shall beprovided from the 1990 Prison Construction Fund and the 1990-B PrisonConstruction Fund, with fifteen million dollars ($15,000,000) eachfrom the June 1990 bond issue and the November 1990 bond issue, forconstruction purposes set forth in this chapter, provided thatfunding is appropriated in the state budget from the June andNovember 1990, prison bond issues for purposes of this chapter. (d) Funds shall be awarded to counties based upon the followingpolicies and criteria: (1) Priority shall be given to urban counties with populations of450,000 or more, as determined by Department of Finance figures. Theboard may allocate up to 10 percent of the funding to smallercounties or combinations of counties as pilot projects, if itconcludes that proposals meet the requirements of this chapter,commensurate with the facilities and programming that a smallercounty can provide. (2) Upon application and submission of proposals by eligiblecounties, representatives of the board shall evaluate proposals andselect recipients. To help ensure that state-of-the-art drug rehabilitation andrelated programs are designed, implemented, and updated under thischapter, the board shall consult with not less than three authoritiesrecognized nationwide with experience or expertise in the design oroperation of successful programs in order to assist the board in allof the following: (A) Drawing up criteria on which requests for proposals will besought. (B) Selecting proposals to be funded. (C) Assisting the board in evaluation and operational problems ofthe programs, if those services are approved by the board. Funding also shall be sought by the board from the federalgovernment and private foundation sources in order to defray thecosts of the board's responsibilities under this chapter. (3) Preference shall be given to counties that can demonstrate afinancial ability and commitment to operate the programs it isproposing for a period of at least three years and to makeimprovements as proposed by the department and the board. (4) Applicants receiving awards under this chapter shall beselected from among those deemed appropriate for funding according tothe criteria, policies, and procedures established by the board.Criteria shall include success records of the types of programsproposed based on nationwide standards for successful programs, ifavailable, expertise and hands-on experience of persons who will bein charge of proposed programs, cost-effectiveness, including costper bed, speed of construction, a demonstrated ability to constructthe maximum number of beds which shall result in an overall netincrease in the number of beds in the county for state and localoffenders, comprehensiveness of services, location, participation byprivate or community-based organizations, and demonstrated ability toseek and obtain supplemental funding as required in support of theoverall administration of this facility from sources such as theDepartment of Alcohol and Drug Programs, the California EmergencyManagement Agency, the National Institute of Corrections, theDepartment of Justice, and other state and federal sources. (5) Funds disbursed under subdivision (c) shall be used forconstruction of substance abuse community correctional centers, witha level of security in each facility commensurate with public safetyfor the types of offenders being housed in or utilizing thefacilities. (6) Funds disbursed under this chapter shall not be used for thepurchase of the site. Sites shall be provided by the county. However,a participating county may negotiate with the state for use of stateland at nearby corrections facilities or other state facilities,provided that the locations fit in with the aims of the programsestablished by this chapter. The county shall be responsible for ensuring the siting,acquisition, design, and construction of the center consistent withthe 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 personsselected by the board, shall be available to counties forconsultation and technical services in preparation and implementationof proposals accepted by the board. (8) The board also shall seek advice from the Department ofAlcohol and Drug Programs in exercising its responsibilities underthis chapter. (9) Funds shall be made available to the county and county agencywhich is selected to administer the program by the board ofsupervisors of that county. (10) Area of greatest need can be a factor considered in awardingcontracts to counties. (11) Particular consideration shall be given to counties that candemonstrate an ability to provide continuing counseling andprogramming for offenders in programs established under this chapter,once the offenders have completed the programs and have returned tothe community. (12) A county may propose a variety of types and sizes offacilities to meet the needs of its plan and to provide the servicesfor varying types of offenders to be served under this chapter. Fundsgranted to a county may be utilized for construction of more thanone facility. Any county wishing to use existing county-owned sites orfacilities may negotiate those arrangements with the Department ofCorrections and the Board of Corrections to meet the needs of itsplan.6241.5.  Because of the difficulties of finding locations forprograms described in this chapter, the state shall assist in makingstate-owned lands available to counties for purposes of this chapter,so long as those efforts do not impede an agency's operations orplanned expansions and are commensurate with public safetyrequirements.6242.  (a) The county shall assume full responsibility to administerand operate the center and program consistent with the criteria setforth in this chapter and those established by the board. This shallinclude maintenance and compliance with all codes, regulations, andhealth standards. (b) The county shall select a local governmental department tooperate the facility in accordance with the standards and oversightprovided for in this chapter. The facility shall be owned by the department for the duration ofthe payment of the bond used to finance construction of the facility.Upon completion of bond repayment, ownership of the facility shallbe vested in the county. Ownership of a county facility renovatedwith funds awarded pursuant to this chapter shall be by thedepartment for the period of bond repayment, after which ownershipshall revert to the county. The department shall retain the option tolease from the county no less than 50 percent of inmate beds aftercompletion of bond repayment. If a county willfully terminates its participation in this actprior to completion of bond repayment or if its grant is terminatedby the board for noncompliance with program regulations, ownership ofthe facility shall remain vested in the department. The departmentshall retain the option to lease as provided in this subdivision. (c) Counties or the department shall operate all services andprograms in secure facilities pursuant to this chapter with onlycounty or state merit system employees, except that private nonprofitproviders or individual professionals with demonstrated expertiseand community experience also may be utilized to provide substanceabuse treatment programs. Treatment programs outside securefacilities pursuant to this chapter may be provided only by county orstate staff, by private nonprofit providers, or by individualprofessionals with demonstrated expertise and experience in providingservices to this population of the community. (d) Custody in secure facilities shall be provided by peaceofficers, as defined in Sections 830.1, 830.5, and 830.55, orcustodial officers, as defined in Sections 831 and 831.5, who havesatisfactorily met the minimum selection and training standards forcorrections officers, as prescribed by the board under Section 6035. (e) Parolees, parole violators, and state prisoners shall remainunder overall supervision of state parole officers. (f) The department shall contract to reimburse the county forallotted bed space and programming for state offenders based onactual cost plus a reasonable fee, but in no instance shall thatamount exceed the average cost of housing an inmate in a state prisonfacility, as determined annually by the director. (g) A county may bill the state for services provided to stateparolees pursuant to this chapter on a pro rata basis of the cost ofproviding the programs and services, if requested by the department. (h) The department and the board, as well as participatingcounties, shall seek funding from the federal government and fromprivate foundation sources to help meet the costs of the programsoutlined in this chapter. (i) It shall be the responsibility of the board, the department,and the design and implementation panel to keep abreast ofimprovements in programs of the types established by this chapter,and to attempt to revise and update programs as state-of-the-artadvances develop. (j) Requests for proposals shall be ready for submission toeligible counties within nine months after the effective date of thischapter. Eligible counties shall submit proposals within six monthsafter the request for proposals is submitted. (k) An amount totaling no more than 1 1/2 percent of the totalamount of funds to be disbursed under this chapter is herebyappropriated from the 1990 Prison Construction Fund and the 1990-BPrison Construction Fund to the board to be used for administrativecosts. (l) Following formal acceptance of proposals submitted bycounties, the board shall have authority to modify, expand, or revisecounty programs, if requested by counties, or if the board concludesthat changes should be made to improve, expand, or reduce the scopeor approach of programs. This shall be done after formal notice to acounty of proposed changes and opportunity for a county to submitevidence. The board also shall be able to recommend additional orreduced funding for a program, if funding becomes available uponappropriation by the Legislature.6242.5.  (a) The board shall establish minimum standards, includingsecurity requirements, for the construction of facilities pursuant tothis chapter. (b) The board shall develop an architectural program describingthe functions which the facility will be expected to serve, but whichdeemphasizes the correctional and detention nature of the exteriorof the facilities in order to ease the difficulty in findingacceptable sites. (c) Counties may substitute renovation of an existing structurefor new construction, but renovation costs per bed shall not exceedthe cost of new construction based on initial cost and useful life ofthe facility, and shall meet the program design standardsestablished by the board. However, participation by a county or useof existing facilities for programs under this chapter shall not beutilized by a county to avoid meeting its needs for jail-bedconstruction and housing of jail inmates. (d) Per-bed cost of secure facilities proposed by a county shallnot exceed the cost of current similar construction by thedepartment. (e) The county shall lease the site on which the facility islocated to the state for a term of not less than the period of bondrepayment. The department shall pay to the county as lease the sum ofone dollar ($1) per year beginning the first month after the firstpayment for the repayment of the bond to continue through theduration 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'sprogress established pursuant to this chapter and shall report thefindings thereon to the Legislature two years after the operationalonset of each facility. (b) The board also shall provide to the Joint LegislativeCommittee on Prison Construction and Operations and to the JointLegislative Budget Committee, on January 1 of each year beginning1992, a report on the progress of contracting with counties forcenters as provided in this chapter. (c) The board shall select an outside monitoring firm incooperation with the Auditor General's office, to critique andevaluate the programs and their rates of success based on recidivismrates, drug use, and other factors it deems appropriate. Two yearsafter the programs have begun operations, the report shall beprovided to the Joint Legislative Prisons Committee, participatingcounties, the department, the Department of Alcohol and DrugPrograms, the State Department of Health Services, and other sourcesthe board deems of value. Notwithstanding subdivision (k) of Section6242, one hundred fifty thousand dollars ($150,000) is herebyappropriated from the funds disbursed under this chapter from the1990 Prison Construction Fund to the Board of Corrections to be usedfor program evaluation under this subdivision. (d) The department shall be responsible for the ongoing monitoringof contract compliance for state offenders placed in each center.6243.  Primary offender groups to be dealt with in the programsestablished by this chapter shall be probation or parole violatorswho 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, togetherwith local parole officials, shall select offenders committed tostate prison for placement in not less than 50 percent of the programbeds established by this chapter. Eligible offenders shall be paroleviolators and felons committed to state prison who, after creditdeduction for presentence incarceration and pursuant to Section 2933,would otherwise have served an actual term of six months or less instate prison. Offenders selected shall have a demonstrated history ofalcohol or controlled substances abuse, or both, but shall notinclude any of the following: (1) Offenders convicted at anytime of a violent felony, as definedin subdivision (c) of Section 667.5 whether in California or anyother jurisdiction for an offense with the same elements. (2) Offenders who have lost work credits while currently in prisonfor an offense listed in paragraph (1) of subdivision (a) of Section2932, except for assault with a deadly weapon or a causticsubstance. (3) Offenders currently convicted of burglary of an inhabiteddwelling. (4) Offenders convicted on two or more separate occasions ofviolations of Section 11351, 11351.5, 11352, 11353, 11370.1, 11370.6,11378.5, 11379, 11379.5, or 11379.6 of the Health and Safety Codefor selling or transporting for sale, manufacturing for sale,processing for sale, importing for sale, or administering anycontrolled substance listed in these sections, or for attempting tocommit any of these offenses for those purposes and who has served atleast one term in prison for violating one of these sections. (b) The maximum period of participation in a center program shallnot exceed the maximum period for which the offender could have beenincarcerated in county jail or state prison. Upon release from acenter, a state offender shall be subject to the parole provisions ofSection 3000. Local offenders shall be subject to all conditions ofprobation, if probation was imposed at the time of sentencing. (c) The parole of an offender placed in a center followingrevocation of parole shall remain revoked during the period ofparticipation in a center. (d) Individuals eligible for this program who are deemed unfit forparticipation by either custodial or program staff at any time shallbe transferred to a state prison or county facility to which theywould otherwise have been committed and shall serve their remainingsentence 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 onparole in that county and new commitments sentenced from that county. (f) The county shall select local offenders for placement in up to50 percent of the program beds established by this chapter. Theseoffenders shall be persons convicted and sentenced to county jail,whether or not as a condition of probation, and who have ademonstrated history of abuse of alcohol or controlled substances, orboth. (g) State prisoners participating in these programs shall beeligible for work credit time reductions under provisions applicableto state prisoners committed to state prison. (h) Primary emphasis in this program shall be toward paroleviolators and persons sentenced to prison or jail for short terms andfor whom rehabilitation efforts should be provided. (i) The department shall regularly notify the sheriff's departmentand the probation department of a participating county of offendersplaced into the program or released from the program established bythis chapter. The county shall likewise regularly notify local paroleofficials of persons placed into or released from its programs setup by this chapter. The sheriff's department, probation and parole officials, and theBoard of Prison Terms shall be permitted to recommend for or againstplacement of persons into these programs, as shall the judiciary ofthe county. (j) Facilities may not serve as housing or parole or probationoffices for offenders not a part of programs set up by this chapter.6245.  In submitting a proposal, a county's plan shall include atleast all of the following elements that meet standards establishedby the board in its request for proposal, and demonstrate that itsprogram will have strong links to the community organizationsinvolved in providing those elements, and that those communityorganizations 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 oversightcommittee, under rules and guidelines the Board of Correctionsformulates, which shall include representatives from the followinggroups: (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 andcriteria for offenders being placed into it, discussion andresolution of problems that may arise, costs, and other duties thatmay be assigned it by the Board of Corrections.