BILL NUMBER: AB 552 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 6, 2010
AMENDED IN SENATE MARCH 15, 2010
AMENDED IN SENATE JUNE 23, 2009
AMENDED IN ASSEMBLY JUNE 1, 2009
INTRODUCED BY Assembly Member Solorio
FEBRUARY 25, 2009
An act to amend Sections 15819.40, 15819.401, 15819.41, and
15819.411 of the Government Code, and to amend Section 7021 of the
Penal Code, relating to correctional facilities, making an
appropriation therefor, and declaring the urgency thereof, to take
effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 552, as amended, Solorio. Correctional facilities.
Existing law, the Public Safety and Offender Rehabilitation
Services Act of 2007, authorized certain revenue bond construction of
prison facilities. The act, among other things, authorized the
Department of Corrections and Rehabilitation to design, construct, or
renovate prison housing units, prison support buildings, and
programming space in order to add new beds at existing adult
correctional facilities. It also authorized the department to
construct and establish new buildings at existing facilities under
the jurisdiction of the department to provide medical, dental, and
mental health treatment or housing, as specified.
This bill would additionally authorize the Department of
Corrections and Rehabilitation to develop beds and treatment space to
serve inmates requiring mental health or medical services. The bill
would provide that any beds developed with a medical or mental health
purpose shall be supported with rehabilitative programming
to the extent it is , as defined, that is
consistent with the medical or mental health services to be
delivered required by the inmates . The bill
would authorize the department, in addition to designing and
constructing new buildings at existing facilities for medical,
dental, and mental health treatment, to renovate existing buildings
at existing facilities for medical, dental, and mental health
treatment as well as to design, construct, or renovate any ancillary
improvements, as specified. The bill would also make changes
regarding the calculation of design-build project augmentations from
these funds.
Because this bill would authorize different uses of continuously
appropriated bond moneys, it would make an appropriation.
Although existing law allows the State Public Works Board to issue
revenue bonds, negotiable notes, or negotiable bond anticipation
notes for the purposes above, it forbids the board to release
specified funds until a 3-member panel, composed as specified,
certifies that certain conditions have been met.
This bill would alter one of those conditions.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 15819.40 of the Government Code is amended to
read:
15819.40. (a) (1) (A) The Department of Corrections and
Rehabilitation may design, construct, or renovate housing units,
support buildings, and programming space in order to add up to 12,000
beds at facilities under its jurisdiction. The department shall
complete site assessments at facilities at which it intends to
construct or renovate additional housing units, support buildings,
and programming space. The department may use the funding provided in
Section 28 of Chapter 7 of the Statutes of 2007 to complete these
site assessments. After completing these site assessments, the
department shall define the scope and cost of each project pursuant
to subdivision (d).
(B) The authority contained in subparagraph (A) may be used to
develop new beds including appropriate programmatic space pursuant to
paragraph (2) and, together with the funds appropriated in Section
15819.403 for this purpose, shall constitute the scope of a single
capital outlay project for purposes of calculating augmentations
pursuant to Section 13332.11 or Section 13332.19 as described in
Section 15819.401.
(2) Any new beds constructed pursuant to this section shall be
supported by rehabilitative programming for inmates, including, but
not limited to, education, vocational programs, substance abuse
treatment programs, employment programs, and prerelease planning.
(3) The purpose of beds constructed pursuant to this section is to
replace the temporary beds currently in use, and they are not
intended to house additional inmates. For the purposes of this
section, "temporary beds" shall be defined as those that are placed
in gymnasiums, classrooms, hallways, or other public spaces that were
not constructed for the purpose of housing inmates.
(4) Notwithstanding paragraphs (2) and
paragraph (3), the authority contained in this subdivision may
be used to develop beds and treatment space to serve inmates
requiring mental health or medical services. Any beds developed with
a medical or mental health purpose shall be supported with
rehabilitative programming to the extent it
as defined in paragraph (2) that is consistent with the medical
or mental health services to be delivered
required by the inmates .
(b) The Department of Corrections and Rehabilitation may acquire
land, design, construct, and renovate reentry program facilities to
provide housing for up to 6,000 inmates as authorized in Chapter 9.8
(commencing with Section 6271) of the Penal Code and, together with
the funds appropriated in Section 15819.403 for this purpose, this
shall constitute the scope and cost of a single capital outlay
project for purposes of calculating augmentations pursuant to Section
13332.11 or Section 13332.19 as described in Section 15819.401.
(c) The Department of Corrections and Rehabilitation is authorized
to design and construct new, or renovate existing, buildings and any
necessary ancillary improvements, at facilities under the
jurisdiction of the department to provide medical, dental, and mental
health treatment or housing for up to 6,000 inmates and, together
with the funds appropriated in Section 15819.403 for this purpose,
this shall constitute the scope and cost of a single capital outlay
project for purposes of calculating augmentations pursuant to Section
13332.11 or Section 13332.19 as described in Section 15819.401.
(d) (1) The reporting requirements set forth in Sections 7000 to
7003.5, inclusive, of the Penal Code, shall apply separately to each
institution or facility. The scope and cost of the project for each
institution or facility shall be established individually by the
State Public Works Board. The amount of the total appropriations in
Section 15819.403 that is necessary for each project shall be
allocated to each institution or facility project. The appropriations
may be allocated based on current estimates. These initial
allocations may be adjusted commensurate to changes that occur during
the progression of the projects. As allocations are made or
adjusted, the anticipated deficit or savings shall be continuously
tracked and reported. Once the total appropriation has been
allocated, any augmentation necessary to fund an anticipated deficit
shall be based on the total applicable capital outlay appropriation
in Section 15819.403 and applied to each project allocation as
necessary.
(2) For each institution, the Department of Corrections and
Rehabilitation shall report to the Joint Legislative Budget Committee
identifying those projects that the department proposes to
undertake, and any support buildings, and programming space to
support up to 12,000 new beds. For each institution, the department
shall describe the scope, budget, schedule, number of beds by
security level, along with approximate square footage of support
buildings, and programming space to be constructed or renovated. If
after providing these reports, the committee fails to take any action
with respect to each report within 30 days after submittal, this
inaction shall be deemed to be approval for purposes of this section,
and the department is authorized to proceed to design, construct, or
renovate housing units, support buildings, and programming space for
each institution for which a report has been approved.
(3) The department shall notify the Joint Legislative Budget
Committee 45 days prior to the submission of preliminary plans to the
board for each project authorized in this section. If after
providing these notifications, the committee fails to take any action
with respect to each report within 45 days after submittal, this
inaction shall be deemed to be approval for purposes of this section,
and the department is authorized to design, construct, or renovate
housing units, support buildings, and programming space for each
institution for which a report has been approved.
(4) The Department of Corrections and Rehabilitation shall report
quarterly to the Joint Legislative Budget Committee on the
allocations from the appropriations in Section 15819.403 and the
anticipated deficit or savings. Each reentry program facility
authorized under subdivision (b) shall be considered to be a separate
project for reporting purposes pursuant to Sections 7000 and 7003.5
of the Penal Code. Each medical, mental health, or dental building
improvement authorized under subdivision (c) shall be considered to
be a separate project, except that building improvements that have a
related purpose and that are located at the same institution may be
considered one project, for reporting purposes pursuant to Sections
7000 and 7003.5 of the Penal Code.
SEC. 2. Section 15819.401 of the Government Code is amended to
read:
15819.401. The scope and costs of the projects authorized by this
chapter shall be subject to approval and administrative oversight by
the State Public Works Board, including augmentations, pursuant to
Section 13332.11 or Section 13332.19. For purposes of this chapter,
the availability of an augmentation for each individual project
allocation shall be calculated based on the total applicable capital
outlay appropriation contained in Section 15819.403 and is not
limited to 20 percent of the individual project allocation.
SEC. 3. Section 15819.41 of the Government Code is amended to
read:
15819.41. (a) The Department of Corrections and Rehabilitation
shall complete site assessments at facilities where it intends to
construct or renovate additional housing units, support buildings,
and programming space in order to add up to 4,000 beds at facilities
under its jurisdiction. The department may use the funding provided
in Section 28 of Chapter 7 of the Statutes of 2007 to complete the
site assessments. After completing these site assessments the
department shall define the scope and costs of each project pursuant
to subdivision (d). This authorization is in addition to the
authorization in subdivision (a) of Section 15819.40. Any new beds
constructed shall be supported by rehabilitative programming for
inmates, including, but not limited to, education, vocational
programs, substance abuse treatment programs, employment programs,
and prerelease planning. The Department of Corrections and
Rehabilitation is authorized to design, construct, or renovate
housing units, support buildings, and programming space in order to
add up to 4,000 beds at facilities under its jurisdiction. This
authorization is in addition to the authorization in subdivision (a)
of Section 15819.40. Any new beds constructed shall be supported by
rehabilitative programming for inmates, including, but not limited
to, education, vocational programs, substance abuse treatment
programs, employment programs, and prerelease planning. The authority
in this subdivision may also be used to develop beds and treatment
space to serve inmates requiring mental health or medical services.
Any beds developed with a medical or mental health purpose shall be
supported with rehabilitative programming to the extent it
is as defined in paragraph (2) of subdivision (a) of
Section 15819.40 that is consistent with the medical or mental
health services to be delivered required by
the inmates . The authority contained in this subdivision
together with the funds appropriated in Section 15819.413 for this
purpose, shall constitute the scope and cost of a single capital
outlay project for purposes of calculating augmentations pursuant to
Section 13332.11 or Section 13332.19 as described in Section
15819.411.
(b) The Department of Corrections and Rehabilitation is authorized
to design and construct new, or renovate existing, buildings and any
necessary ancillary improvements, at facilities under the
jurisdiction of the department to provide medical, dental, and mental
health treatment or housing for up to 2,000 inmates. This
authorization is in addition to the authorization in subdivision (c)
of Section 15819.40. The authority contained in this subdivision
together with the funds appropriated in Section 15819.413 for this
purpose, shall constitute the scope and cost of a single capital
outlay project for purposes of calculating augmentations pursuant to
Section 13332.11 or Section 13332.19 as described in Section
15819.411.
(c) The Department of Corrections and Rehabilitation is authorized
to acquire land, design, construct, and renovate reentry program
facilities throughout the state that will house up to 10,000 inmates
pursuant to Section 6271.1 of the Penal Code, and together with the
funds appropriated in Section 15819.413 for this purpose, this shall
constitute the scope and cost of a single capital outlay project for
purposes of calculating augmentations pursuant to Section 13332.11 or
Section 13332.19 as described in Section 15819.411.
(d) (1) The reporting requirements set forth in Sections 7000 to
7003.5, inclusive, of the Penal Code, shall apply separately to each
institution or facility. The scope and cost of the project for each
institution or facility shall be established by the State Public
Works Board individually. The amount of the total appropriations in
Section 15819.413 that is necessary for each project shall be
allocated to each institution or facility project. The appropriations
may be allocated based on current estimates. These initial
allocations may be adjusted commensurate to changes that occur during
the progression of the projects. As allocations are made or
adjusted, the anticipated deficit or savings shall be continuously
traced and reported. Once the total appropriation has been allocated,
any augmentation necessary to fund an anticipated deficit shall be
based on the total applicable capital outlay appropriation in Section
15819.413 and applied to each project allocation as necessary.
(2) For each institution, the department shall report to the Joint
Legislative Budget Committee, identifying those projects that the
department proposes to undertake, and any support buildings, and
programming space to support up to 4,000 new beds. For each
institution, the department shall describe the scope, budget,
schedule, number of beds by security level, along with approximate
square footage of support buildings, and programming space to be
constructed or renovated. If after providing these reports, the
committee fails to take any action with respect to each report within
30 days after submittal, this inaction shall be deemed to be
approval for purposes of this section, and the department is
authorized to proceed to design, construct, or renovate housing
units, support buildings, and programming space for each institution
for which a report has been approved.
(3) The Department of Corrections and Rehabilitation shall notify
the Joint Legislative Budget Committee 45 days prior to the
submission of preliminary plans to the board for each project
authorized in this section. If after providing these notifications,
the committee fails to take any action with respect to each report
within 45 days after submittal, this inaction shall be deemed to be
approval for purposes of this section, and the department is
authorized to design, construct, or renovate housing units, support
buildings, and programming space for each institution for which a
report has been approved.
(4) The Department of Corrections and Rehabilitation shall report
quarterly to the Joint Legislative Budget Committee on the
allocations from the appropriations in Section 15819.413 and the
anticipated deficit or savings. Each reentry program facility
authorized under subdivision (c) shall be considered to be a separate
project. Each medical, mental health, or dental building improvement
authorized under subdivision (b) shall be considered to be a
separate project, except that building improvements that have a
related purpose and that are located at the same institution may be
considered one project, for reporting purposes pursuant to Sections
7000 and 7003.5 of the Penal Code.
SEC. 4. Section 15819.411 of the Government Code is amended to
read:
15819.411. The scope and costs of the projects authorized by this
chapter shall be subject to approval and administrative oversight by
the State Public Works Board, including augmentations, pursuant to
Section 13332.11 or Section 13332.19. For purposes of this chapter,
the availability of an augmentation for each individual project
allocation shall be calculated based on the total applicable capital
outlay appropriation contained in Section 15819.413 and is not
limited to 20 percent of the individual project allocation.
SEC. 5. Section 7021 of the Penal Code is amended to read:
7021. (a) The State Public Works Board may not release any funds
provided for projects in Section 15819.41 of the Government Code or
Section 6271.1, until a three-member panel, composed of the State
Auditor, the Inspector General, and an appointee of the Judicial
Council of California, verifies that the conditions outlined in
paragraphs (1) to (13), inclusive, have been met. The Legislative
Analyst shall provide information and input to the three-member panel
as it considers whether the conditions have been met.
(1) At least 4,000 beds authorized in subdivision (a) of Section
15819.40 of the Government Code have been established by the State
Public Works Board.
(2) The first 4,000 beds authorized in subdivision (a) of Section
15819.40 of the Government Code include space and will provide
opportunities for rehabilitation services for inmates.
(3) At least 2,000 of the beds authorized in subdivision (a) of
Section 6271 are under construction or sited.
(4) At least 2,000 substance abuse treatment slots established in
Section 2694 have been established, with aftercare in the community.
(5) Prison institutional drug treatment slots have averaged at
least 75 percent participation over the previous six months.
(6) The Department of Corrections and Rehabilitation has
implemented an inmate assessment at reception centers, pursuant to
Section 3020, and has used the assessment to assign inmates to
rehabilitation programs for at least six consecutive months.
(7) The Department of Corrections and Rehabilitation has completed
the Inmate Treatment and Prison-to-Employment Plan, pursuant to
Section 3105.
(8) At least 300 parolees are being served in day treatment or
crisis care services, pursuant to Section 3073.
(9) The California Rehabilitation Oversight Board (C-ROB), created
pursuant to Section 6140, has been in operation for at least one
year, and is regularly reviewing the Department of Corrections and
Rehabilitation's programs. This condition may be waived if the
appointments to the C-ROB have not been made by the Legislature.
(10) The Department of Corrections and Rehabilitation has
implemented a plan to address management deficiencies, pursuant to
Section 2061, and at least 75 percent of management positions have
been filled for at least six months.
(11) The Department of Corrections and Rehabilitation has
increased full-time participation in inmate academic and vocation
education programs by 10 percent from the levels of participation on
April 1, 2007.
(12) The Department of Corrections and Rehabilitation has
developed and implemented a plan to obtain additional rehabilitation
services, pursuant to Section 2062, and the vacancy rate for
positions dedicated to rehabilitation and treatment services in
prisons and parole offices is no greater than the statewide average
vacancy rate for all state positions.
(13) The Department of Corrections and Rehabilitation has reviewed
existing parole procedures.
(b) The provisions of Section 15819.41 of the Government Code and
Section 6271.1 shall not authorize construction of facilities until
the three-member panel specified in subdivision (a) has certified
that the requirements of that subdivision have been met. Those
sections shall become inoperative on January 1, 2014. Any projects
already underway may continue, and funding for those projects shall
remain authorized in order to allow for the issuance of bonds.
(c) The requirements set forth in this section are contingent upon
the Legislature making funds available for the rehabilitation
programs set forth in the Public Safety and Offender Rehabilitation
Services Act of 2007.
SEC. 6. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to address California's prison overcrowding at the
earliest possible time, it is necessary that this act take effect
immediately.