State Codes and Statutes

Statutes > California > Gov > 15819.40-15819.404

GOVERNMENT CODE
SECTION 15819.40-15819.404



15819.40.  (a) (1) (A) The Department of Corrections and
Rehabilitation may design, construct, or renovate housing units,
support buildings, and programming space in order to add up to 12,000
beds at facilities under its jurisdiction. The department shall
complete site assessments at facilities at which it intends to
construct or renovate additional housing units, support buildings,
and programming space. The department may use the funding provided in
Section 28 of Chapter 7 of the Statutes of 2007 to complete these
site assessments. After completing these site assessments, the
department shall define the scope and cost of each project pursuant
to subdivision (d).
   (B) The authority contained in subparagraph (A) may be used to
develop new beds including appropriate programmatic space pursuant to
paragraph (2) and, together with the funds appropriated in Section
15819.403 for this purpose, shall constitute the scope of a single
capital outlay project for purposes of calculating augmentations
pursuant to Section 13332.11 or Section 13332.19 as described in
Section 15819.401.
   (2) Any new beds constructed pursuant to this section shall be
supported by rehabilitative programming for inmates, including, but
not limited to, education, vocational programs, substance abuse
treatment programs, employment programs, and prerelease planning.
   (3) The purpose of beds constructed pursuant to this section is to
replace the temporary beds currently in use, and they are not
intended to house additional inmates. For the purposes of this
section, "temporary beds" shall be defined as those that are placed
in gymnasiums, classrooms, hallways, or other public spaces that were
not constructed for the purpose of housing inmates.
   (4) Notwithstanding paragraph (3), the authority contained in this
subdivision may be used to develop beds and treatment space to serve
inmates requiring mental health or medical services. Any beds
developed with a medical or mental health purpose shall be supported
with rehabilitative programming as defined in paragraph (2) that is
consistent with the medical or mental health services required by the
inmates.
   (b) The Department of Corrections and Rehabilitation may acquire
land, design, construct, and renovate reentry program facilities to
provide housing for up to 6,000 inmates as authorized in Chapter 9.8
(commencing with Section 6271) of the Penal Code and, together with
the funds appropriated in Section 15819.403 for this purpose, this
shall constitute the scope and cost of a single capital outlay
project for purposes of calculating augmentations pursuant to Section
13332.11 or Section 13332.19 as described in Section 15819.401.
   (c) The Department of Corrections and Rehabilitation is authorized
to design and construct new, or renovate existing, buildings and any
necessary ancillary improvements, at facilities under the
jurisdiction of the department to provide medical, dental, and mental
health treatment or housing for up to 6,000 inmates and, together
with the funds appropriated in Section 15819.403 for this purpose,
this shall constitute the scope and cost of a single capital outlay
project for purposes of calculating augmentations pursuant to Section
13332.11 or Section 13332.19 as described in Section 15819.401.
   (d) (1) The reporting requirements set forth in Sections 7000 to
7003.5, inclusive, of the Penal Code, shall apply separately to each
institution or facility. The scope and cost of the project for each
institution or facility shall be established individually by the
State Public Works Board. The amount of the total appropriations in
Section 15819.403 that is necessary for each project shall be
allocated to each institution or facility project. The appropriations
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 applicable capital outlay appropriation
in Section 15819.403 and applied to each project allocation as
necessary.
   (2) For each institution, the Department of Corrections and
Rehabilitation shall report to the Joint Legislative Budget Committee
identifying those projects that the department proposes to
undertake, and any support buildings, and programming space to
support up to 12,000 new beds. For each institution, the department
shall describe the scope, budget, schedule, number of beds by
security level, along with approximate square footage of support
buildings, and programming space to be constructed or renovated. If
after providing these reports, the committee fails to take any action
with respect to each report within 30 days after submittal, this
inaction shall be deemed to be approval for purposes of this section,
and the department is authorized to proceed to design, construct, or
renovate housing units, support buildings, and programming space for
each institution for which a report has been approved.
   (3) The department shall notify the Joint Legislative Budget
Committee 45 days prior to the submission of preliminary plans to the
board for each project authorized in this section. If after
providing these notifications, the committee fails to take any action
with respect to each report within 45 days after submittal, this
inaction shall be deemed to be approval for purposes of this section,
and the department is authorized to design, construct, or renovate
housing units, support buildings, and programming space for each
institution for which a report has been approved.
   (4) The Department of Corrections and Rehabilitation shall report
quarterly to the Joint Legislative Budget Committee on the
allocations from the appropriations in Section 15819.403 and the
anticipated deficit or savings. Each reentry program facility
authorized under subdivision (b) shall be considered to be a separate
project for reporting purposes pursuant to Sections 7000 and 7003.5
of the Penal Code. Each medical, mental health, or dental building
improvement authorized under subdivision (c) shall be considered to
be a separate project, except that building improvements that have a
related purpose and that are located at the same institution may be
considered one project, for reporting purposes pursuant to Sections
7000 and 7003.5 of the Penal Code.


15819.401.  The scope and costs of the projects authorized by this
chapter shall be subject to approval and administrative oversight by
the State Public Works Board, including augmentations, pursuant to
Section 13332.11 or Section 13332.19. For purposes of this chapter,
the availability of an augmentation for each individual project
allocation shall be calculated based on the total applicable capital
outlay appropriation contained in Section 15819.403 and is not
limited to 20 percent of the individual project allocation.



15819.402.  For all projects authorized by this chapter, the board
may borrow funds for project costs, including studies, acquisition,
design, construction, and construction-related costs from the Pooled
Money Investment Account pursuant to Sections 16312 and 16313. Except
for preliminary expenditures to develop the scope, budget,
programming, and scheduling for a project, project funds expended
prior to project approval by the board shall not be reimbursable from
the proceeds of the bonds.



15819.403.  (a) The board may issue revenue bonds, negotiable notes,
or negotiable bond anticipation notes pursuant to this part to
finance the acquisition, design, and construction, including, without
limitation, renovation, and the costs of interim financing of the
projects authorized in Section 15819.40. Authorized costs for
acquisition, design, construction, including, without limitation,
renovation, and construction-related costs for all projects approved
for financing by the board shall not exceed one billion eight hundred
million dollars ($1,800,000,000) for subdivision (a) of Section
15819.40, nine hundred seventy-five million dollars ($975,000,000)
for subdivision (b) of Section 15819.40, and eight hundred
fifty-seven million one hundred thousand dollars ($857,100,000) for
subdivision (c) of Section 15819.40.
   (b) Notwithstanding Section 13340, funds derived from interim
financing, revenue bonds, negotiable notes, or negotiable bond
anticipation notes issued pursuant to this chapter are hereby
continuously appropriated to the board on behalf of the Department of
Corrections and Rehabilitation for the purposes specified in Section
15819.40.
   (c) For the purposes of this section, "construction-related costs"
shall include mitigation costs of local government and school
districts and shall be made available pursuant to subdivisions (c)
and (d) of Section 7005.5 of the Penal Code. It is the intent of the
Legislature that any payments made for mitigation shall be made in a
timely manner.



15819.404.  Notwithstanding Section 15819.403, the amount of revenue
bonds, negotiable notes, or negotiable bond anticipation notes to be
sold may include the following:
   (a) The cost of acquisition, design, construction, including,
without limitation, renovation, or construction management and
supervision, and other costs related to the acquisition, design, and
construction, including, without limitation, renovation, of the
facilities, including augmentations.
   (b) Sums necessary to pay interim financing.
   (c) In addition to the amount authorized by Section 15819.403, any
additional amount as may be authorized by the board to establish a
reasonable construction reserve and to pay the costs of financing,
including the payment of interest during acquisition or interest
prior to, during, and for a period of six months after construction
of the project, the cost of financing a debt-service reserve fund,
and the cost of issuance of permanent financing for the project. This
additional amount may include interest payable on any interim loan
for the facility from the General Fund or the Pooled Money Investment
Account pursuant to Sections 16312 and 16313.


State Codes and Statutes

Statutes > California > Gov > 15819.40-15819.404

GOVERNMENT CODE
SECTION 15819.40-15819.404



15819.40.  (a) (1) (A) The Department of Corrections and
Rehabilitation may design, construct, or renovate housing units,
support buildings, and programming space in order to add up to 12,000
beds at facilities under its jurisdiction. The department shall
complete site assessments at facilities at which it intends to
construct or renovate additional housing units, support buildings,
and programming space. The department may use the funding provided in
Section 28 of Chapter 7 of the Statutes of 2007 to complete these
site assessments. After completing these site assessments, the
department shall define the scope and cost of each project pursuant
to subdivision (d).
   (B) The authority contained in subparagraph (A) may be used to
develop new beds including appropriate programmatic space pursuant to
paragraph (2) and, together with the funds appropriated in Section
15819.403 for this purpose, shall constitute the scope of a single
capital outlay project for purposes of calculating augmentations
pursuant to Section 13332.11 or Section 13332.19 as described in
Section 15819.401.
   (2) Any new beds constructed pursuant to this section shall be
supported by rehabilitative programming for inmates, including, but
not limited to, education, vocational programs, substance abuse
treatment programs, employment programs, and prerelease planning.
   (3) The purpose of beds constructed pursuant to this section is to
replace the temporary beds currently in use, and they are not
intended to house additional inmates. For the purposes of this
section, "temporary beds" shall be defined as those that are placed
in gymnasiums, classrooms, hallways, or other public spaces that were
not constructed for the purpose of housing inmates.
   (4) Notwithstanding paragraph (3), the authority contained in this
subdivision may be used to develop beds and treatment space to serve
inmates requiring mental health or medical services. Any beds
developed with a medical or mental health purpose shall be supported
with rehabilitative programming as defined in paragraph (2) that is
consistent with the medical or mental health services required by the
inmates.
   (b) The Department of Corrections and Rehabilitation may acquire
land, design, construct, and renovate reentry program facilities to
provide housing for up to 6,000 inmates as authorized in Chapter 9.8
(commencing with Section 6271) of the Penal Code and, together with
the funds appropriated in Section 15819.403 for this purpose, this
shall constitute the scope and cost of a single capital outlay
project for purposes of calculating augmentations pursuant to Section
13332.11 or Section 13332.19 as described in Section 15819.401.
   (c) The Department of Corrections and Rehabilitation is authorized
to design and construct new, or renovate existing, buildings and any
necessary ancillary improvements, at facilities under the
jurisdiction of the department to provide medical, dental, and mental
health treatment or housing for up to 6,000 inmates and, together
with the funds appropriated in Section 15819.403 for this purpose,
this shall constitute the scope and cost of a single capital outlay
project for purposes of calculating augmentations pursuant to Section
13332.11 or Section 13332.19 as described in Section 15819.401.
   (d) (1) The reporting requirements set forth in Sections 7000 to
7003.5, inclusive, of the Penal Code, shall apply separately to each
institution or facility. The scope and cost of the project for each
institution or facility shall be established individually by the
State Public Works Board. The amount of the total appropriations in
Section 15819.403 that is necessary for each project shall be
allocated to each institution or facility project. The appropriations
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 applicable capital outlay appropriation
in Section 15819.403 and applied to each project allocation as
necessary.
   (2) For each institution, the Department of Corrections and
Rehabilitation shall report to the Joint Legislative Budget Committee
identifying those projects that the department proposes to
undertake, and any support buildings, and programming space to
support up to 12,000 new beds. For each institution, the department
shall describe the scope, budget, schedule, number of beds by
security level, along with approximate square footage of support
buildings, and programming space to be constructed or renovated. If
after providing these reports, the committee fails to take any action
with respect to each report within 30 days after submittal, this
inaction shall be deemed to be approval for purposes of this section,
and the department is authorized to proceed to design, construct, or
renovate housing units, support buildings, and programming space for
each institution for which a report has been approved.
   (3) The department shall notify the Joint Legislative Budget
Committee 45 days prior to the submission of preliminary plans to the
board for each project authorized in this section. If after
providing these notifications, the committee fails to take any action
with respect to each report within 45 days after submittal, this
inaction shall be deemed to be approval for purposes of this section,
and the department is authorized to design, construct, or renovate
housing units, support buildings, and programming space for each
institution for which a report has been approved.
   (4) The Department of Corrections and Rehabilitation shall report
quarterly to the Joint Legislative Budget Committee on the
allocations from the appropriations in Section 15819.403 and the
anticipated deficit or savings. Each reentry program facility
authorized under subdivision (b) shall be considered to be a separate
project for reporting purposes pursuant to Sections 7000 and 7003.5
of the Penal Code. Each medical, mental health, or dental building
improvement authorized under subdivision (c) shall be considered to
be a separate project, except that building improvements that have a
related purpose and that are located at the same institution may be
considered one project, for reporting purposes pursuant to Sections
7000 and 7003.5 of the Penal Code.


15819.401.  The scope and costs of the projects authorized by this
chapter shall be subject to approval and administrative oversight by
the State Public Works Board, including augmentations, pursuant to
Section 13332.11 or Section 13332.19. For purposes of this chapter,
the availability of an augmentation for each individual project
allocation shall be calculated based on the total applicable capital
outlay appropriation contained in Section 15819.403 and is not
limited to 20 percent of the individual project allocation.



15819.402.  For all projects authorized by this chapter, the board
may borrow funds for project costs, including studies, acquisition,
design, construction, and construction-related costs from the Pooled
Money Investment Account pursuant to Sections 16312 and 16313. Except
for preliminary expenditures to develop the scope, budget,
programming, and scheduling for a project, project funds expended
prior to project approval by the board shall not be reimbursable from
the proceeds of the bonds.



15819.403.  (a) The board may issue revenue bonds, negotiable notes,
or negotiable bond anticipation notes pursuant to this part to
finance the acquisition, design, and construction, including, without
limitation, renovation, and the costs of interim financing of the
projects authorized in Section 15819.40. Authorized costs for
acquisition, design, construction, including, without limitation,
renovation, and construction-related costs for all projects approved
for financing by the board shall not exceed one billion eight hundred
million dollars ($1,800,000,000) for subdivision (a) of Section
15819.40, nine hundred seventy-five million dollars ($975,000,000)
for subdivision (b) of Section 15819.40, and eight hundred
fifty-seven million one hundred thousand dollars ($857,100,000) for
subdivision (c) of Section 15819.40.
   (b) Notwithstanding Section 13340, funds derived from interim
financing, revenue bonds, negotiable notes, or negotiable bond
anticipation notes issued pursuant to this chapter are hereby
continuously appropriated to the board on behalf of the Department of
Corrections and Rehabilitation for the purposes specified in Section
15819.40.
   (c) For the purposes of this section, "construction-related costs"
shall include mitigation costs of local government and school
districts and shall be made available pursuant to subdivisions (c)
and (d) of Section 7005.5 of the Penal Code. It is the intent of the
Legislature that any payments made for mitigation shall be made in a
timely manner.



15819.404.  Notwithstanding Section 15819.403, the amount of revenue
bonds, negotiable notes, or negotiable bond anticipation notes to be
sold may include the following:
   (a) The cost of acquisition, design, construction, including,
without limitation, renovation, or construction management and
supervision, and other costs related to the acquisition, design, and
construction, including, without limitation, renovation, of the
facilities, including augmentations.
   (b) Sums necessary to pay interim financing.
   (c) In addition to the amount authorized by Section 15819.403, any
additional amount as may be authorized by the board to establish a
reasonable construction reserve and to pay the costs of financing,
including the payment of interest during acquisition or interest
prior to, during, and for a period of six months after construction
of the project, the cost of financing a debt-service reserve fund,
and the cost of issuance of permanent financing for the project. This
additional amount may include interest payable on any interim loan
for the facility from the General Fund or the Pooled Money Investment
Account pursuant to Sections 16312 and 16313.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Gov > 15819.40-15819.404

GOVERNMENT CODE
SECTION 15819.40-15819.404



15819.40.  (a) (1) (A) The Department of Corrections and
Rehabilitation may design, construct, or renovate housing units,
support buildings, and programming space in order to add up to 12,000
beds at facilities under its jurisdiction. The department shall
complete site assessments at facilities at which it intends to
construct or renovate additional housing units, support buildings,
and programming space. The department may use the funding provided in
Section 28 of Chapter 7 of the Statutes of 2007 to complete these
site assessments. After completing these site assessments, the
department shall define the scope and cost of each project pursuant
to subdivision (d).
   (B) The authority contained in subparagraph (A) may be used to
develop new beds including appropriate programmatic space pursuant to
paragraph (2) and, together with the funds appropriated in Section
15819.403 for this purpose, shall constitute the scope of a single
capital outlay project for purposes of calculating augmentations
pursuant to Section 13332.11 or Section 13332.19 as described in
Section 15819.401.
   (2) Any new beds constructed pursuant to this section shall be
supported by rehabilitative programming for inmates, including, but
not limited to, education, vocational programs, substance abuse
treatment programs, employment programs, and prerelease planning.
   (3) The purpose of beds constructed pursuant to this section is to
replace the temporary beds currently in use, and they are not
intended to house additional inmates. For the purposes of this
section, "temporary beds" shall be defined as those that are placed
in gymnasiums, classrooms, hallways, or other public spaces that were
not constructed for the purpose of housing inmates.
   (4) Notwithstanding paragraph (3), the authority contained in this
subdivision may be used to develop beds and treatment space to serve
inmates requiring mental health or medical services. Any beds
developed with a medical or mental health purpose shall be supported
with rehabilitative programming as defined in paragraph (2) that is
consistent with the medical or mental health services required by the
inmates.
   (b) The Department of Corrections and Rehabilitation may acquire
land, design, construct, and renovate reentry program facilities to
provide housing for up to 6,000 inmates as authorized in Chapter 9.8
(commencing with Section 6271) of the Penal Code and, together with
the funds appropriated in Section 15819.403 for this purpose, this
shall constitute the scope and cost of a single capital outlay
project for purposes of calculating augmentations pursuant to Section
13332.11 or Section 13332.19 as described in Section 15819.401.
   (c) The Department of Corrections and Rehabilitation is authorized
to design and construct new, or renovate existing, buildings and any
necessary ancillary improvements, at facilities under the
jurisdiction of the department to provide medical, dental, and mental
health treatment or housing for up to 6,000 inmates and, together
with the funds appropriated in Section 15819.403 for this purpose,
this shall constitute the scope and cost of a single capital outlay
project for purposes of calculating augmentations pursuant to Section
13332.11 or Section 13332.19 as described in Section 15819.401.
   (d) (1) The reporting requirements set forth in Sections 7000 to
7003.5, inclusive, of the Penal Code, shall apply separately to each
institution or facility. The scope and cost of the project for each
institution or facility shall be established individually by the
State Public Works Board. The amount of the total appropriations in
Section 15819.403 that is necessary for each project shall be
allocated to each institution or facility project. The appropriations
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 applicable capital outlay appropriation
in Section 15819.403 and applied to each project allocation as
necessary.
   (2) For each institution, the Department of Corrections and
Rehabilitation shall report to the Joint Legislative Budget Committee
identifying those projects that the department proposes to
undertake, and any support buildings, and programming space to
support up to 12,000 new beds. For each institution, the department
shall describe the scope, budget, schedule, number of beds by
security level, along with approximate square footage of support
buildings, and programming space to be constructed or renovated. If
after providing these reports, the committee fails to take any action
with respect to each report within 30 days after submittal, this
inaction shall be deemed to be approval for purposes of this section,
and the department is authorized to proceed to design, construct, or
renovate housing units, support buildings, and programming space for
each institution for which a report has been approved.
   (3) The department shall notify the Joint Legislative Budget
Committee 45 days prior to the submission of preliminary plans to the
board for each project authorized in this section. If after
providing these notifications, the committee fails to take any action
with respect to each report within 45 days after submittal, this
inaction shall be deemed to be approval for purposes of this section,
and the department is authorized to design, construct, or renovate
housing units, support buildings, and programming space for each
institution for which a report has been approved.
   (4) The Department of Corrections and Rehabilitation shall report
quarterly to the Joint Legislative Budget Committee on the
allocations from the appropriations in Section 15819.403 and the
anticipated deficit or savings. Each reentry program facility
authorized under subdivision (b) shall be considered to be a separate
project for reporting purposes pursuant to Sections 7000 and 7003.5
of the Penal Code. Each medical, mental health, or dental building
improvement authorized under subdivision (c) shall be considered to
be a separate project, except that building improvements that have a
related purpose and that are located at the same institution may be
considered one project, for reporting purposes pursuant to Sections
7000 and 7003.5 of the Penal Code.


15819.401.  The scope and costs of the projects authorized by this
chapter shall be subject to approval and administrative oversight by
the State Public Works Board, including augmentations, pursuant to
Section 13332.11 or Section 13332.19. For purposes of this chapter,
the availability of an augmentation for each individual project
allocation shall be calculated based on the total applicable capital
outlay appropriation contained in Section 15819.403 and is not
limited to 20 percent of the individual project allocation.



15819.402.  For all projects authorized by this chapter, the board
may borrow funds for project costs, including studies, acquisition,
design, construction, and construction-related costs from the Pooled
Money Investment Account pursuant to Sections 16312 and 16313. Except
for preliminary expenditures to develop the scope, budget,
programming, and scheduling for a project, project funds expended
prior to project approval by the board shall not be reimbursable from
the proceeds of the bonds.



15819.403.  (a) The board may issue revenue bonds, negotiable notes,
or negotiable bond anticipation notes pursuant to this part to
finance the acquisition, design, and construction, including, without
limitation, renovation, and the costs of interim financing of the
projects authorized in Section 15819.40. Authorized costs for
acquisition, design, construction, including, without limitation,
renovation, and construction-related costs for all projects approved
for financing by the board shall not exceed one billion eight hundred
million dollars ($1,800,000,000) for subdivision (a) of Section
15819.40, nine hundred seventy-five million dollars ($975,000,000)
for subdivision (b) of Section 15819.40, and eight hundred
fifty-seven million one hundred thousand dollars ($857,100,000) for
subdivision (c) of Section 15819.40.
   (b) Notwithstanding Section 13340, funds derived from interim
financing, revenue bonds, negotiable notes, or negotiable bond
anticipation notes issued pursuant to this chapter are hereby
continuously appropriated to the board on behalf of the Department of
Corrections and Rehabilitation for the purposes specified in Section
15819.40.
   (c) For the purposes of this section, "construction-related costs"
shall include mitigation costs of local government and school
districts and shall be made available pursuant to subdivisions (c)
and (d) of Section 7005.5 of the Penal Code. It is the intent of the
Legislature that any payments made for mitigation shall be made in a
timely manner.



15819.404.  Notwithstanding Section 15819.403, the amount of revenue
bonds, negotiable notes, or negotiable bond anticipation notes to be
sold may include the following:
   (a) The cost of acquisition, design, construction, including,
without limitation, renovation, or construction management and
supervision, and other costs related to the acquisition, design, and
construction, including, without limitation, renovation, of the
facilities, including augmentations.
   (b) Sums necessary to pay interim financing.
   (c) In addition to the amount authorized by Section 15819.403, any
additional amount as may be authorized by the board to establish a
reasonable construction reserve and to pay the costs of financing,
including the payment of interest during acquisition or interest
prior to, during, and for a period of six months after construction
of the project, the cost of financing a debt-service reserve fund,
and the cost of issuance of permanent financing for the project. This
additional amount may include interest payable on any interim loan
for the facility from the General Fund or the Pooled Money Investment
Account pursuant to Sections 16312 and 16313.