BILL ANALYSIS Ó
SB 844
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(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.
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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
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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.
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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
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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
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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
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