4497.10
. To be eligible for funding consideration, a county shall,
to the satisfaction of the board, do all of the following:
(a) Certify that juveniles are not housed in the county's adult
detention facilities, except where authorized by law; and document
the existence of, or plans for, separate housing for juveniles.
(b) Document the existence of, or plans for, separate housing for
persons detained or arrested because of intoxication, which will
prevent mixing of this category of prisoner with other prisoners. If
the county has no existing provisions for detoxification housing, it
shall make provisions for that housing as part of its proposed
project.
(c) Document the existence of, or plans for, separate housing for
mentally disordered defendants or convicted prisoners which will
prevent mixing of this category of prisoner with other prisoners
until the time that the responsible health authority or his or her
designee clears specific prisoners for nonseparate housing, based on
clinical judgment. If the county has no existing provisions for
separate housing of mentally disordered prisoners, it shall make
provisions for that housing as part of its proposed project.
(d) Submit a formal project proposal to the board on or before
September 30, 1990. The project proposal shall describe the
construction or renovation project to be undertaken and shall include
an estimated budget for the project. The proposal shall also
identify how county funding obligations, both for construction and
operation of the facility, will be met. The project proposal shall be
consistent with the needs and priorities identified in the needs
assessment by the county.
Failure to submit a project proposal shall be deemed a declaration
by the county that it does not intend to request its allocation
under subdivisions (a) and (b) of Section 4497.04, and the amounts
allocated in those subdivisions to the county shall be available for
reallocation by the board. The board may waive this requirement for
submission of a proposal within one year if it determines there are
unavoidable delays in the county's preparation of a project proposal.
(e) Submit architectural drawings which shall be approved by the
board for compliance with minimum jail standards and by the State
Fire Marshal for compliance with fire safety requirements. If the
board concludes that a county's proposed construction or renovation
contains serious design deficiencies that, while they would not
require a refusal to enter into the contract, would seriously impair
the facility's functioning, it shall notify the sheriff and the board
of supervisors of that county of the deficiencies and shall delay
entering into a contract with the county for at least 30 days after
mailing the letter. This letter shall be a public record.
(f) The county shall certify that it owns, or has long-term
possession of, the construction site.
(g) The county shall have filed a final notice of determination on
its environmental impact report with the board.
(h) The county has formally adopted a plan to finance the
construction of the proposed facility.
(i) The county shall have submitted a preliminary staffing plan
for the proposed facility, along with an analysis of other operating
costs anticipated for the facility, to the board for review and
comment. Prior to submission of the staffing plan and operating costs
analysis of the board, the county board of supervisors shall have
reviewed and approved the submittal in or following public hearings.
The sheriff shall also have reviewed and commented on the preliminary
staffing plan and the operating cost analysis. The board shall
comment in writing to the sheriff and board of supervisors. This
letter shall be a public record.
(j) The county shall submit either a major or minor needs
assessment documenting the need for and purpose of the proposed
project. The needs assessment shall meet all requirements listed in
the applicable County Correctional Facility Capital Expenditure Fund
regulations. The board may exempt a county from performing a new
needs assessment if any of the following conditions exist:
(1) The board determines that a prior needs assessment is in
substantial compliance and it justifies the project being funded in
Section 4497.04.
(2) A county receives funds from this bond act in an amount of
three hundred thousand dollars ($300,000) or less.
If exempted from performing a needs assessment, counties shall
provide an analysis of specific jail deficiencies, including levels
of security, program, including, but not limited to, medical and
mental health care, housing, and administration. This analysis shall
also include specific plans for correcting the deficiencies.
(k) Demonstrate to the board unless the county's sole project is a
remodel of an existing adult detention facility which will not
result in the addition of any beds, that it is using, to the greatest
extent feasible, alternatives to incarceration based on the
following measures: an incarceration rate of no more than one
standard deviation above the mean for all counties and, either a
pretrial misdemeanor incarceration rate of no more than one standard
deviation above the mean for all counties or a sentenced prisoner
alternatives percentage or 5 percent or more as related to total
sentenced prisoner admissions.
(1) The data to be used in establishing the incarceration rate
will be the 1989 calendar year average daily population as reported
by each county to the board and the Department of Finance Report on
Population by County.
(2) The pretrial misdemeanor incarceration rate will be based on
an average of the daily pretrial misdemeanor jail population,
developed from a four-day sample period in 1989 specified by the
board.
(3) The sentenced prisoner alternatives percentage will be based
on enrollment in three programs: Section 4024.2 of the Penal Code
(work-in-lieu of jail), county parole, and home detention if the
placement is made after some jail time is served.
(4) Counties failing to demonstrate adequate use of alternatives
to incarcerations by the above measure by March 30, 1990, shall be
reevaluated annually by the board. If any county is unable to satisfy
the requirements of this section by September 30, 1993, the amount
allocated to the county shall revert to the state, to be reallocated
by the board pursuant to subdivision (c) of Section 4497.04.
(l) Begin construction or renovation work within four years of the
effective date of this title. If a county fails to meet this
requirement, any allocations to the county under this chapter shall
be deemed void and moneys allocated to the county shall revert to the
board for reallocation. The board may waive this requirement if it
determines that there are unavoidable delays in the initial
construction activities.
(m) Counties shall provide for the construction of appropriate
courtroom facilities and hearing room facilities within any jail
construction plan submitted to the board. Those courtroom facilities
and hearing room facilities shall be utilized for purposes of holding
appropriate arraignments and bail hearings and for the conduct of
parole revocation hearings. The board may waive this requirement
where county specific circumstances dictate.