BILL ANALYSIS Ó SB 844 Page 1 (Without Reference to File) SENATE THIRD READING SB 844 (Committee on Budget and Fiscal Review) As Amended June 12, 2016 Majority vote. Budget Bill Appropriation Takes Effect Immediately SENATE VOTE: Vote not relevant SUMMARY: Makes necessary statutory and technical changes to implement changes to the Budget Act of 2016 related to public safety facilities. Specifically, this bill: 1)Specifies that an adult local criminal justice facility may include improved housing with an emphasis on expanding program and treatment space as necessary to manage the adult offender population under the jurisdiction of the sheriff or county department of corrections. 2)Specifies that an adult local criminal justice facility may also include custodial housing, reentry, program, mental health, or treatment space necessary to manage the adult offender population under the jurisdiction of the sheriff or county department of corrections. SB 844 Page 2 3)Authorizes the Board of State and Community Corrections (BSCC) or the California Department of Corrections and Rehabilitation (CDCR), a participating county to acquire, design, and construct an adult local criminal justice facility approved by the BSCC pursuant to Government Code Section 15820.945 (Section 15820.945), or to acquire a site or sites owned by, or subject to a lease or option to purchase held by, a participating county. 4)Clarifies that acquisition shall include, but is not limited to, acquisition of completed facilities through a build-to-suit purchase. 5)Clarifies that Facilities financed pursuant to this chapter may be delivered through either a design-bid-build or a design-build process. The ownership interest of a participating county in the site or sites for an adult local criminal justice facility shall be determined by the board to be adequate for purposes of its financing in order to be eligible under this chapter. 6)Specifies that the BSCC or the CDCR, a participating county, and the board shall enter into an agreement for each adult local criminal justice facility that shall provide, at a minimum, performance expectations of the parties related to the acquisition, design, and construction, including, without limitation, renovation, of the adult local criminal justice facility; guidelines and criteria for use and application of the proceeds of revenue bonds, notes, or bond anticipation notes issued by the board to pay for the cost of the approved adult local criminal justice facility; and ongoing maintenance and staffing responsibilities for the term of the financing. 7)Requires the scope and cost of the adult local criminal SB 844 Page 3 justice facilities to be approved by the board. 8)Clarifies that, for purposes of compliance with the California Environmental Quality Act (CEQA) the board, BSCC, and the CDCR are not a lead or responsible agency; the participating county is the lead agency. 9)Authorizes the board to issue up to $270,000,000 in revenue bonds, notes, or bond anticipation notes to finance the acquisition, design, and construction, including, without limitation, renovation, and a reasonable construction reserve, of approved adult local criminal justice facilities. 10)Requires the BSCC to establish minimum standards, funding schedules, and procedures, which take into consideration, but not be limited to, the following: a) Certification by a participating county of control of the adult local criminal justice facility site through either fee simple ownership of the site or comparable long-term possession of the site, and right of access to the adult local criminal justice facility sufficient to ensure undisturbed use and possession. b) Documentation of the need for improved adult local criminal justice facility housing with an emphasis on expanded program and treatment space. A county shall not be required to submit a new needs assessment if the county previously submitted a needs assessment for a request under the financing program described in Chapter 3.131 (commencing with Section 15820.93). c) A written adult local criminal justice facility proposal. SB 844 Page 4 d) Submission of a staffing plan for the adult local criminal justice facility, including operational cost projections and documentation that the adult local criminal justice facility will be able to be safely staffed and operated within 90 days of completion, as may be applicable. e) Submission of architectural drawings, which shall be approved by the BSCC for compliance with minimum adult detention facility standards and which shall also be approved by the State Fire Marshal for compliance with fire safety and life safety requirements. f) Documentation evidencing compliance with the California Environmental Quality Act (CEQA). g) Provisions intended to maintain the tax-exempt status of the bonds, notes, or bond anticipation notes issued by the board. 11)Requires that a participating county contribution for adult local criminal justice facilities financed under this chapter shall be a minimum of 10% of the total project costs. Authorizes the BSCC to reduce contribution requirements for participating counties with a general population below 200,000 upon petition by a participating county to the BSCC requesting a lower level of contribution. 12)Requires the BSCC to determine the funding and scoring criteria. 13)Specifies that financing shall be awarded only to those counties that have previously received only a partial award or have never received an award from the state within the SB 844 Page 5 financing programs authorized in Chapters 3.11 (commencing with Section 15820.90) to 3.131 (commencing with Section 15820.93), inclusive. 14)Specifies, notwithstanding program parameters, $20 million of the $270 million authorized shall be set aside and awarded to Napa County. 15)The funding criteria shall include, as a mandatory criterion, documentation of the percentage of pretrial inmates in the county jail from January 1, 2015, to December 31, 2015, inclusive, and a description of the county's current risk-assessment-based-pretrial release program. Funding preference shall also be given to counties that are most prepared to proceed successfully with this financing in a timely manner. 16)Provides that funding consideration shall be given to counties that are seeking to replace compacted, outdated, or unsafe housing capacity that will also add treatment space or counties that are seeking to renovate existing or build new facilities that provide adequate space for the provision of treatment and rehabilitation services, including mental health treatment. 17)Clarifies that a participating county may replace existing housing capacity, realizing only a minimal increase of capacity, using this financing authority if the requesting county clearly documents an existing housing capacity deficiency. 18)Clarifies that a participating county with a request resulting in any increase in capacity using this financing authority shall be required to certify and covenant in writing SB 844 Page 6 that the county is not, and will not be, leasing housing capacity to any other public or private entity for a period of 10 years beyond the completion date of the adult local criminal justice facility. 19)Requires any locked facility constructed or renovated with state funding awarded under this program shall include space to provide onsite, in-person visitation capable of meeting or surpassing the minimum number of weekly visits required by state regulations for persons detained in the facility. 20)Requires any county applying for financing authority under this program to include a description of efforts to address sexual abuse in its adult local criminal justice facility constructed or renovated pursuant to this chapter. 21)Contains an appropriation allowing this bill to take effect immediately upon enactment. Analysis Prepared by: Marvin Deon / BUDGET / (916) 319-2099 FN: 0003430 SB 844 Page 7