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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