MEASURE :  S.B. No. 39
AUTHOR(S) :  Poochigian, Ackerman, Alpert, Battin, Brulte, Chesbro,
 Haynes, Johannessen, Johnson, Knight, Margett,
 McPherson, Monteith, and Oller (Coauthors: Assembly
 Members Briggs, La Suer, and Robert Pacheco).
TOPIC :  City and county adult detention facilities.
HOUSE LOCATION :  ASM
+LAST AMENDED DATE  :  06/04/2001
 

TYPE OF BILL :
                Active
                Non-Urgency
                Non-Appropriations
                Majority Vote Required
                Non-State-Mandated Local Program
                Fiscal
                Non-Tax Levy

LAST HIST. ACT. DATE:  08/22/2001
LAST HIST. ACTION   :  Placed on  APPR. suspense file.
COMM. LOCATION :  ASM APPROPRIATIONS
COMM. ACTION DATE   :  08/22/2001
COMM. ACTION :  Set, first hearing.  Referred to Appropriations suspense
 file.

TITLE :  An act to add Title 4.9 (commencing with Section 4498)
 to Part 3 of the Penal Code, relating to adult detention
 facilities.

BILL NUMBER: SB 39 AMENDED
 BILL TEXT

 AMENDED IN SENATE  JUNE 4, 2001
 AMENDED IN SENATE  MAY 1, 2001
 AMENDED IN SENATE  APRIL 5, 2001

INTRODUCED BY   Senators Poochigian, Ackerman, Alpert, Battin,
Brulte, Chesbro, Haynes, Johannessen, Johnson, Knight, Margett,
McPherson, Monteith, and Oller
   (Coauthors:  Assembly Members Briggs, LaSuer, and Robert Pacheco)

                        DECEMBER 4, 2000

   An act to add Title 4.9 (commencing with Section 4498) to Part 3
of the Penal Code, relating to adult detention facilities  ,
and making an appropriation therefor  .
 

 LEGISLATIVE COUNSEL'S DIGEST
 

   SB 39, as amended, Poochigian.  City and county adult detention
facilities.
   Existing law directs the Board of Corrections to allocate and
administer the moneys intended for county jails in the County
Correctional Facilities Capital Expenditure and Youth Facilities Bond
Act of 1988.
   This bill would authorize the Board of Corrections to expend
funds, upon appropriation by the Legislature, for purposes of
awarding grants to cities, counties, and cities and counties on a
competitive basis for the construction, expansion, renovation, and
reconstruction of local adult detention facilities. This bill would
authorize up to 11/2% of these funds to be used by the board for
administration of the Local  Adult Detention
Facilities Act, established by this bill.  This bill would provide
specified standards, funding schedules and procedures to be followed
to determine which counties shall be awarded a grant pursuant to
these provisions.
   This bill would  appropriate $200,000,000 from the General
Fund, for the purposes of these provisions   provide
that implementation of its provisions would be subject to
appropriation in the annual Budget Act  .
   Vote:   2/3   majority  .
Appropriation:   yes   no  .  Fiscal
committee: yes.  State-mandated local program:  no.
 

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
 

  SECTION 1.  Title 4.9 (commencing with Section 4498) is added to
Part 3 of the Penal Code, to read:

      TITLE 4.9.  LOCAL DETENTION FACILITIES ACT

   4498.  This title shall be known and may be cited as the Local
Detention Facilities Act.
   4498.1.  (a) Upon appropriation by the Legislature, funds shall be
made available to the Board of Corrections for the purpose of
awarding grants on a competitive basis to cities, counties, and
cities and counties for the construction, expansion, renovation, and
reconstruction of local adult detention facilities.  Up to 11/2
percent of these moneys may be used by the board for administration
of this title.
   (b) In awarding funds the board shall give priority to cities,
counties, and cities and counties with federally or locally
court-imposed caps on detention populations that have resulted in the
release of inmates prior to their scheduled release date.
   (c) An application for funds shall be in the manner and form
prescribed by the board and pursuant to recommendations of an
allocation advisory committee appointed by the board.  From these
recommendations an allocation plan shall be developed and adopted by
the board.  The allocation and advisory committee shall convene upon
notification by the board.
   (d) The board shall also establish minimum standards, funding
schedules, and procedures that take into consideration, but are not
limited to, all of the following for any project:
   (1) Possession of site assurance for the project or projects.
   (2) Documentation of the need for the project or projects.
   (3) Adoption of a formal county plan to finance construction of
the proposed project or projects.
   (4) Submittal of a preliminary staffing plan and operating cost
estimate for the project or projects.
   (5) Submittal of architectural drawings, which shall be approved
by the board for compliance with minimum adult detention facility
standards, and approved by the State Fire Marshal for compliance with
fire safety and life safety requirements.
   (6) Documentation that the facilities will be safely staffed and
operated in compliance with the board's standards set forth in Title
15 of the California Code of Regulations.
   (e) The board shall not be deemed a responsible agency, as defined
in Section 21069 of the Public Resources Code, or otherwise be
subject to the California Environmental Quality Act (Division 13
(commencing with Section 21000) of the Public Resources Code) for any
activities undertaken or funded pursuant to this title.
   (f) Funds appropriated for purposes of this title shall be used to
supplement, rather than supplant, funding for facility projects.
  SEC. 2.   The sum of two hundred million dollars
($200,000,000) is hereby appropriated from the General Fund, without
regard to fiscal years,   Implementation of this act
shall be subject to appropriation in the annual Budget Act  for
the purpose of funding the city and county adult detention facilities
provided for in Title 4.9 (commencing with Section 4498) of Part 3
of the Penal Code.