Section 6029.1 Of Article 1. General Provisions From California Penal Code >> Title 7. >> Part 3. >> Chapter 5. >> Article 1.
6029.1
. (a) There is hereby created the County Jail Capital
Expenditure Fund. Moneys in the County Jail Capital Expenditure Fund
shall be expended by the Board of Corrections as specified in this
section to assist counties to finance jail construction. Moneys in
the County Jail Capital Expenditure Fund shall be available for
encumbrance without regard to fiscal years, and notwithstanding any
other provision of law, shall not revert to the General Fund or be
transferred to any other fund or account in the State Treasury except
for purposes of investment as provided in Article 4 (commencing with
Section 16470) of Chapter 3 of Part 2 of Division 4 of Title 2 of
the Government Code. All interest or other increment resulting from
such investment shall be deposited in the County Jail Capital
Expenditure Fund, notwithstanding Section 16305.7 of the Government
Code.
(b) As used in this section, "construction" shall include, but not
be limited to, reconstruction, remodeling, replacement of
facilities, and the performance of deferred maintenance activities on
facilities pursuant to rules and regulations regarding such
activities as shall be adopted by the Board of Corrections.
(c) The Board of Corrections shall provide financial assistance to
counties from the County Jail Capital Expenditure Fund according to
policies, criteria, and procedures adopted by the board pursuant to
recommendations made by the appropriate subcommittees of the Senate
Committee on Criminal Procedure and the Assembly Committee on Public
Safety and after consulting with a representative sample of county
boards of supervisors and sheriffs.
(d) In performing the duties set forth in this section, the Board
of Corrections and the policy committees of the Legislature shall
consider the following:
(1) The extent to which the county requesting aid has exhausted
all other available means of raising the requested funds for the
capital improvements and the extent to which the funds from the
County Jail Capital Expenditure Fund will be utilized to attract
other sources of capital financing for county jail facilities;
(2) The extent to which a substantial county match shall be
required and any circumstances under which the county match may be
reduced or waived;
(3) The extent to which the county's match shall be based on the
county's previous compliance with Board of Corrections standards;
(4) The extent to which the capital improvements are necessary to
the life or safety of the persons confined or employed in the
facility or the health and sanitary conditions of the facility;
(5) The extent to which the county has utilized reasonable
alternatives to pre- and post-conviction incarceration, including,
but not limited to, programs to facilitate release upon one's own
recognizance where appropriate to individuals pending trial,
sentencing alternatives to custody, and civil commitment or diversion
programs consistent with public safety for those with drug- or
alcohol-related problems or mental or developmental disabilities.