BILL NUMBER: AB 1197	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 31, 2011

INTRODUCED BY   Assembly Members Hill and V. Manuel Pérez

                        FEBRUARY 18, 2011

    An act relating to prison construction funding. 
 An act to amend Section 15820.917 of the Government Code,
relating to jail construction funding. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1197, as amended, Hill.  Prison   Jail
facility  construction funding. 
   Existing law authorizes the Department of Corrections and
Rehabilitation (CDCR), participating counties, and the State Public
Works Board to acquire, design, and construct local jail facilities
approved by the Corrections Standards Authority (CSA). Existing law
authorizes the State Public Works Board to issue revenue bonds,
notes, or bond anticipation notes to finance the acquisition, design,
or construction, and a reasonable construction reserve, of approved
local jail facilities, as specified. The funds derived from those
revenue bonds, notes, or bond anticipation notes are continuously
appropriated for the purposes described above. Existing law requires
CDCR and CSA to give funding preference to counties that assist the
state in siting reentry facilities and requires CDCR to give funding
preference to counties that assist the state in siting mental health
day treatment and crisis care and to counties that provide a
continuum of care so that parolees with mental health and substance
abuse needs can continue to receive services at the conclusion of
their period of parole. Existing law requires participating county
matching funds for projects funded under those provisions be at a
minimum of 25% of the total project costs, except as specified. 

   The bill would lower the percentage of required participating
matching funds from 25% to 10%. The bill would delete the provisions
requiring specific funding preferences and instead require that
counties that applied for and were awarded funds under specified
provisions be funded in that amount and require CDCR and CSA, after
those counties have been funded, to give funding preference to
counties that committed the largest percentage of inmates to state
custody in relation to the total inmate population supervised by CDCR
in 2010.  
   Existing law, the Public Safety and Offender Rehabilitation
Services Act of 2007, authorizes the Department of Corrections and
Rehabilitation to design, construct, or renovate prison housing
units, prison support buildings, and programming space in order to
add additional beds, to acquire land, design, construct, and renovate
reentry program facilities, and to construct and establish new
buildings at facilities under the jurisdiction of the department to
provide medical, dental, and mental health treatment or housing, as
specified.  
   This bill would express the intent of the Legislature to enact
legislation that would authorize a different purpose for the
unallocated portions of the Phase 1 and Phase 2 local jail and
reentry funds, as authorized pursuant to the Public Safety and
Offender Rehabilitation Services Act of 2007, for jail construction
and county jail beds. The bill would also express the intent of the
Legislature to enact statutory changes that would eliminate the
requirement that counties coordinate a local program with a state
reentry facility in order to access local funds provided pursuant to
that act. The bill would also express the intent of the Legislature
that these proposed statutory changes would be prospective only, and
would apply only to county projects and future applicants. 

   Vote: majority. Appropriation: no. Fiscal committee:  no
 yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 15820.917 of the  
Government Code   is amended to read: 
   15820.917.  (a) Participating county matching funds for projects
funded under this chapter shall be a minimum of  25 
 10  percent of the total project costs. The CSA may reduce
matching fund requirements for participating counties with a general
population below 200,000 upon petition by a participating county to
the CSA requesting a lower level of matching funds. 
   (b) The CDCR and CSA shall give funding preference to counties
that assist the state in siting reentry facilities, pursuant to
Section 6270.  
   (c) The department shall give funding preference to counties that
assist the state in siting mental health day treatment and crisis
care, pursuant to Section 3073 of the Penal Code, and to counties who
provide a continuum of care so that parolees with mental health and
substance abuse needs can continue to receive services at the
conclusion of their period of parole.  
   (b) Counties that applied for and were awarded funds pursuant to
Chapter 3.2.1 (commencing with Section 15819.40) shall be funded in
that amount.  
   (c) After funding counties pursuant to subdivision (b), the CDCR
and CSA shall give funding preference to counties that committed the
largest percentage of inmates to state custody in relation to the
total inmate population supervised by CDCR in 2010.  
  SECTION 1.    It is the intent of the Legislature
to enact legislation that would authorize a different purpose for the
unallocated portions of the Phase 1 and Phase 2 local jail and
reentry funds, as authorized pursuant to the Public Safety and
Offender Rehabilitation Services Act of 2007, for jail construction
and county jail beds. It is the intent of the Legislature to enact
statutory changes that would eliminate the requirement that counties
coordinate a local program with a state reentry facility in order to
access local funds provided pursuant to that act. It is further the
intent of the Legislature that these proposed statutory changes would
be prospective only, and would apply only to county projects and
future applicants.