Chapter 3.13. Financing Of Adult Local Criminal Justice Facilities of California Government Code >> Division 3. >> Title 2. >> Part 10b. >> Chapter 3.13.
For 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 (the
board) by the Board of State and Community Corrections (BSCC) as
having satisfied all of the requirements set forth in Section
15820.925 for financing an adult local criminal justice facility
pursuant to this chapter. For purposes of this chapter, an adult
local criminal justice facility may include any custodial housing,
reentry, program, mental health, or treatment space necessary to
manage the adult offender population consistent with the legislative
intent described in Sections 17.5 and 3450 of the Penal Code under
the jurisdiction of the sheriff or county department of corrections,
as may be applicable, to be further defined by the BSCC in duly
adopted regulations.
(a) The BSCC or the Department of Corrections and Rehabilitation
(CDCR), a participating county, and the board are authorized to
acquire, design, and construct an adult local criminal justice
facility approved by the BSCC pursuant to Section 15820.925, or to
acquire a site or sites owned by, or subject to a lease or option to
purchase held by, a participating county. For the purposes of this
chapter, acquisition shall include, but is not limited to,
acquisition of completed facilities through a build-to-suit purchase.
Facilities financed pursuant to this chapter may be delivered
through either a design-bid-build or a design-build process. The
ownership interest of a participating county in the site or sites for
an adult local criminal justice facility shall be determined by the
board to be adequate for purposes of its financing in order to be
eligible under this chapter.
(b) Notwithstanding Section 14951, the participating county may
assign an inspector during the construction of the adult local
criminal justice facility.
(c) The BSCC or the CDCR, a participating county, and the board
shall enter into an agreement for each adult local criminal justice
facility that shall provide, at a minimum, performance expectations
of the parties related to the acquisition, design, and construction,
including, without limitation, renovation, of the adult local
criminal justice facility; guidelines and criteria for use and
application of the proceeds of revenue bonds, notes, or bond
anticipation notes issued by the board to pay for the cost of the
approved adult local criminal justice facility; and ongoing
maintenance and staffing responsibilities for the term of the
financing.
(d) The agreement shall include a provision that the participating
county agrees to indemnify, defend, and hold harmless the State of
California for any and all claims and losses arising out of the
acquisition, design, and construction of the adult local criminal
justice facility. The agreement may also contain additional terms and
conditions that facilitate the financing by the board.
(e) The scope and cost of the adult local criminal justice
facilities shall be subject to approval and administrative oversight
by the board.
(f) For purposes of compliance with the California Environmental
Quality Act (Division 13 (commencing with Section 21000) of the
Public Resources Code), the board, BSCC and the CDCR, are not a lead
or responsible agency, but the participating county is the lead
agency.
Upon a participating county's receipt of responsive
construction bids or design-build proposals, or a participating
county's notification to the board of its intent to exercise a
purchase option, the board and the BSCC or the CDCR may borrow funds
for project costs after the adult local criminal justice facility has
been certified pursuant to Section 15820.92 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 BSCC or the CDCR shall commit a sufficient amount of its
support appropriation to repay any loans made for an approved adult
local criminal justice facility.
(a) The board may issue up to five hundred nine million
sixty thousand dollars ($509,060,000) in revenue bonds, notes, or
bond anticipation notes, pursuant to Chapter 5 (commencing with
Section 15830) to finance the acquisition, design, and construction,
including, without limitation, renovation, and a reasonable
construction reserve, of approved adult local criminal justice
facilities described in Section 15820.92, 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 used to reimburse a participating county for the costs
of acquisition, design, and construction, including, without
limitation, renovation, for approved adult local criminal justice
facilities.
(c) Notwithstanding Section 13340, funds derived pursuant to this
section and Section 15820.921 are continuously appropriated for
purposes of this chapter.
In support of this state financing, the Legislature
finds and declares all of the following:
(a) The county adult criminal justice system needs more housing,
program, and treatment space to manage the adult offender population
under its jurisdiction.
(b) Appropriate county adult criminal justice housing, program,
and treatment space will enhance public safety throughout the state
by providing increased access to appropriate programs or treatment.
(c) By expanding county adult criminal justice capacity, this
financing will serve a critical state purpose by promoting public
safety.
(d) This purpose represents valuable consideration in exchange for
this state action.
With the consent of the board, the BSCC or the CDCR and
a participating county are authorized to enter into leases or
subleases, as lessor or lessee, for any property or approved adult
local criminal justice facility and are further authorized to enter
into contracts or other agreements for the use, maintenance, and
operation of the adult local criminal justice 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 adult
local criminal justice facility.
(a) The BSCC shall adhere to its duly adopted
regulations for the approval or disapproval of adult local criminal
justice facilities. The BSCC shall also consider cost-effectiveness
in determining approval or disapproval. No state moneys shall be
encumbered in contracts let by a participating county until one of
the following occur:
(1) Final architectural plans and specifications have been
approved by the BSCC, and subsequent construction bids have been
received.
(2) 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 BSCC, and subsequent
design-build proposals have been received pursuant to that section.
(3) The participating county has notified the board of its intent
to exercise an option to purchase the completed facility pursuant to
Section 15820.921.
(b) The review and approval of plans, specifications, or other
documents by the BSCC are for the purpose of ensuring the proper
administration of moneys and the determination of whether the adult
local criminal justice facility specifications comply with law and
regulation. The BSCC 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
adult local criminal justice facility.
(c) The BSCC 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 control of the
adult local criminal justice facility site through either fee simple
ownership of the site or comparable long-term possession of the site,
and right of access to the adult local criminal justice facility
sufficient to ensure undisturbed use and possession.
(2) Documentation of the need for the adult local criminal justice
facility.
(3) A written adult local criminal justice facility proposal.
(4) Submittal of a staffing plan for the adult local criminal
justice facility, including operational cost projections and
documentation that the adult local criminal justice facility will be
able to be safely staffed and operated within 90 days of completion,
as may be applicable.
(5) Submittal of architectural drawings, which shall be approved
by the BSCC for compliance with minimum adult detention facility
standards and that shall also be approved by the State Fire Marshal
for compliance with fire safety and life safety requirements.
(6) Documentation evidencing compliance with the California
Environmental Quality Act.
(7) Provisions intended to maintain the tax-exempt status of the
bonds, notes, or bond anticipation notes issued by the board.
(a) The participating county contribution for adult
local criminal justice facilities financed under this chapter shall
be a minimum of 10 percent of the total project costs. The BSCC may
reduce contribution requirements for participating counties with a
general population below 200,000 upon petition by a participating
county to the BSCC requesting a lower level of contribution.
(b) The BSCC shall determine the funding criteria. Funding
consideration shall be given to counties that are seeking to replace
existing compacted, outdated, or unsafe housing capacity or are
seeking to renovate existing or build new facilities that provide
adequate space for the provision of treatment and rehabilitation
services, including mental health treatment. Funding preference shall
be given to counties that are most prepared to proceed successfully
with this financing in a timely manner. The determination of
preparedness to proceed shall include, but not be limited to,
counties providing documentation of adequate, available matching
funds authorized by the county board of supervisors from a source or
sources compatible with this financing authority as determined by the
State Public Works Board in its sole discretion. A participating
county may only add housing capacity using this financing authority
if the requesting county clearly documents an existing housing
capacity deficiency. Any county requesting to add housing capacity
using this financing authority shall be required to certify and
covenant in writing that the county is not and will not be leasing
housing capacity to any other public or private entity for a period
of 10 years beyond the completion date of the adult local criminal
justice facility.