Section 4497.14 Of Chapter 2. County Jails From California Penal Code >> Title 4.85. >> Part 3. >> Chapter 2.
4497.14
. (a) The board shall not approve the expenditures of funds
allocated under this act for the construction of county detention
facilities until a master site plan for county detention facilities
has been prepared and adopted by the board of supervisors of the
county proposing to construct the facility. The board of supervisors
shall determine the location of any detention facilities pursuant to
a master plan, which determination shall not be subject to any
initiative or ordinance adopted by initiative. In developing the
plan, the board of supervisors shall consider alternatives to
additional detention facilities and the specific concerns of
incorporated cities and other community representatives, and shall
give special consideration to existing federal, state, and local
detention facilities in order to avoid over-concentration of inmates
in one geographic area of the county. If the board of supervisors
decides to locate new or expanded detention facilities near existing
detention facilities, it shall publicly state its reasons for that
decision.
The board shall only approve expenditure of funds allocated under
this chapter for the construction of detention facilities in
accordance with the plan adopted pursuant to this section. The board
may exempt a county from this requirement if the master site plan
remains unchanged from that approved under the provisions of the
County Correctional Facilities Capital Expenditure Bond Act of 1986.
(b) The board shall establish construction costs controls and
shall set forth in regulation procedures for setting maximum state
funding levels for appropriate construction unit costs, including
cost per cell for specified categories of facilities. These cost
controls shall be based on average costs in recently constructed
facilities in California that are comparable in size, use, location,
and other relevant factors.
Allocations listed in Section 4497.04 notwithstanding, the state
contribution shall be up to 75 percent of total project costs or up
to 75 percent of the applicable construction cost norms, whichever is
lower. Nothing in this section is intended, however, to prescribe
maximum limits on county funding levels for the projects.
Prior to releasing any funds to a county, the board shall review
construction cost levels in the funded projects for compliance with
cost control regulations.
(c) Prior to entering into a contract with a county, the board
shall review or approve or both review and approve the county
submissions required by this chapter regarding the facility or
facilities proposed for funding.
(d) The board shall collect annually from all counties information
on county incarceration rates, average daily jail populations as a
proportion of the total county population or total arrests or both;
pretrial misdemeanant ratios, the percentage which unsentenced
prisoners charged only with misdemeanors constitute the total average
daily unsentenced jail population; and sentenced alternatives
ratios, for example, average daily populations in work-in-lieu of
jail programs and county parole as a percentage of the total average
daily sentenced misdemeanant prisoner population. All counties that
have received or will receive state funds for jail construction shall
supply the board the information necessary to comply with this
section.