Amended in Assembly August 8, 2016

Amended in Assembly May 25, 2016

Senate BillNo. 859


Introduced by Committee on Budget and Fiscal Review

January 7, 2016


begin deleteAn act relating to the Budget Act of 2016. end deletebegin insertAn act to amend Section 15820.946 of, and to add Section 15820.947 to, the Government Code, relating to correctional facilitiesend insertbegin insert, and making an appropriation therefor, to take effect immediately, bill related to the budget.end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 859, as amended, Committee on Budget and Fiscal Review. begin deleteBudget Act of 2016. end deletebegin insertCorrectional facilities: construction: financing.end insert

begin insert

Existing law authorizes the State Public Works Board to issue up to $270,000,000 in revenue bonds, notes, or bond anticipation notes to finance the acquisition, design, and construction of approved adult local criminal justice facilities, setting aside $20,000,000 to be awarded to Napa County.

end insert
begin insert

This bill would require that $20,000,000 of the amount issued by the board in revenue bonds, notes, or bond anticipation notes to be set aside and awarded to Napa County without the submission of any further adult local criminal justice facility proposal. The bill would also authorize those funds to be utilized in conjunction with a partial award made to Napa County pursuant to other specified provisions.

end insert
begin insert

This bill would appropriate $1,000 from the General Fund to the Board of State and Community Corrections for administrative costs related to the bill.

end insert
begin insert

This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

end insert
begin delete

This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2016.

end delete

Vote: majority. Appropriation: begin deleteno end deletebegin insertyesend insert. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 15820.946 of the end insertbegin insertGovernment Codeend insertbegin insert is
2amended to read:end insert

3

15820.946.  

(a) The participating county contribution for adult
4local criminal justice facilities financed under this chapter shall
5be a minimum of 10 percent of the total project costs. The BSCC
6may reduce contribution requirements for participating counties
7with a general population below 200,000 upon petition by a
8participating county to the BSCC requesting a lower level of
9contribution.

10(b) The BSCC shall determine the funding and scoring criteria
11consistent with the requirements of this chapter. Financing shall
12be awarded only to those counties that have previously received
13only a partial award or have never received an award from the
14state within the financing programs authorized in Chapters 3.11
15(commencing with Section 15820.90) to 3.131 (commencing with
16Section 15820.93), inclusive.begin delete Notwithstanding this restriction,
17twenty million dollars ($20,000,000) of the amount authorized in
18Section 15820.942 shall be set aside and awarded to Napa County.end delete

19 The funding criteria shall include, as a mandatory criterion,
20documentation of the percentage of pretrial inmates in the county
21jail from January 1, 2015, to December 31, 2015, inclusive, and a
22description of the county’s current risk assessment based pretrial
23release program. Funding preference shall also be given to counties
24that are most prepared to proceed successfully with this financing
25in a timely manner. The determination of preparedness to proceed
26shall include the following:

27(1) Counties providing a board of supervisors’ resolution
28authorizing an adequate amount of available matching funds to
29satisfy the counties’ contribution and approving the forms of the
30project documents deemed necessary, as identified by the board
31 to the BSCC, to effectuate the financing authorized by this chapter,
32and authorizing the appropriate signatory or signatories to execute
33those documents at the appropriate times. The identified matching
P3    1funds in the resolution shall be compatible with the state’s
2lease-revenue bond financing.

3(2) Counties providing documentation evidencing CEQA
4compliance has been completed. Documentation of CEQA
5compliance shall be either a final Notice of Determination or a
6final Notice of Exemption, as appropriate, and a letter from county
7counsel certifying the associated statute of limitations has expired
8and either no challenges were filed or identifying any challenges
9filed and explaining how they have been resolved in a manner that
10allows the project to proceed as proposed.

11(c) Funding consideration shall be given to counties that are
12seeking to replace compacted, outdated, or unsafe housing capacity
13that will also add treatment space or counties that are seeking to
14renovate existing or build new facilities that provide adequate
15space for the provision of treatment and rehabilitation services,
16including mental health treatment.

17(d) A participating county may replace existing housing
18capacity, realizing only a minimal increase of capacity, using this
19financing authority if the requesting county clearly documents an
20existing housing capacity deficiency.

21(e) A participating county with a request resulting in any
22increase in capacity using this financing authority shall be required
23to certify and covenant in writing that the county is not, and will
24not be, leasing housing capacity to any other public or private
25entity for a period of 10 years beyond the completion date of the
26adult local criminal justice facility.

27(f) Any locked facility constructed or renovated with state
28funding awarded under this program shall include space to provide
29onsite, in-person visitation capable of meeting or surpassing the
30minimum number of weekly visits required by state regulations
31for persons detained in the facility.

32(g) Any county applying for financing authority under this
33program shall include a description of efforts to address sexual
34abuse in its adult local criminal justice facility constructed or
35renovated pursuant to this chapter.

36begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 15820.947 is added to the end insertbegin insertGovernment Codeend insertbegin insert,
37to read:end insert

begin insert
38

begin insert15820.947.end insert  

Notwithstanding the award restriction in
39subdivision (b) of Section 15820.946, twenty million dollars
40($20,000,000) of the amount authorized in Section 15820.942 shall
P4    1be set aside and awarded to Napa County without the submission
2of any further adult local criminal justice facility proposal. This
3amount may be utilized in conjunction with a partial award made
4 to Napa County pursuant to Chapter 3.131 (commencing with
5Section 15820.93). These awards represent the maximum state
6contribution for the adult local criminal justice facility in Napa
7County.

end insert
8begin insert

begin insertSEC. 3.end insert  

end insert

begin insertThe sum of one thousand dollars ($1,000) is hereby
9appropriated from the General Fund to the Board of State and
10Community Corrections for administrative costs related to this
11act. end insert

12begin insert

begin insertSEC. 4.end insert  

end insert
begin insert

This act is a bill providing for appropriations related
13to the Budget Bill within the meaning of subdivision (e) of Section
1412 of Article IV of the California Constitution, has been identified
15as related to the budget in the Budget Bill, and shall take effect
16immediately.

end insert
begin delete
17

SECTION 1.  

It is the intent of the Legislature to enact statutory
18changes, relating to the Budget Act of 2016.

end delete


O

    97