BILL NUMBER: AB 2587	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 12, 2012
	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Member Knight

                        FEBRUARY 24, 2012

   An act to add Section 7007 to the Penal Code, relating to
corrections.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2587, as amended, Knight. Correctional facility construction:
local agreements.
   Existing law charges the Department of Corrections and
Rehabilitation with the responsibility of planning and constructing
state correctional facilities. The Department of Corrections and
Rehabilitation is headed by the Secretary of the Department of
Corrections and Rehabilitation. Existing law authorizes the secretary
to enter into a long-term agreement not to exceed 20 years with a
city, county, or city and county to place parole violators and other
state inmates in a specified facility.
   This bill would authorize the secretary to enter into a long-term
agreement not to exceed 25 years, with  a city, county, or
city and county   the City of Adelanto  to finance
and build a state prison facility, as specified, for the
incarceration of medium and maximum security inmates. The bill would
require  such a   the  facility to be
staffed by the Department of Corrections and Rehabilitation and the
bill would require incarcerated inmates to be subject to the rules
and regulations of the secretary. The bill would require the
secretary to take certain factors into consideration in determining
the reimbursement rate for a long-term agreement with  a
local jurisdiction   the City of Adelanto  and
would require the payment to include a specified service fee
component. The bill would authorize the secretary to contract with
 a local jurisdiction   the City of Adelanto
 for the maintenance of the facility. 
   This bill would make legislative findings and declarations as to
the necessity of a special statute for the City of Adelanto. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 7007 is added to the Penal Code, to read:
   7007.  (a) Notwithstanding any other provision of law, the
Secretary of the Department of Corrections and Rehabilitation may
enter into a long-term agreement not to exceed 25 years, with
 a city, county, or city and county   the City
of Adelanto  to finance and build a state prison facility for
the incarceration of medium and maximum security inmates. The
facility shall meet the specifications of the secretary.
   (b) A facility erected pursuant to this section shall be staffed
by employees of the Department of Corrections and Rehabilitation.
   (c) In determining the reimbursement rate pursuant to an agreement
entered into pursuant to this section, the secretary shall take into
consideration the cost incurred by the city  , county, or
city and county  for the financing and construction of the
facility, and any other factors that are necessary and appropriate to
fix the obligations, responsibilities, and rights of the respective
parties. The payment to the  city, county, or city and county
  City of Adelanto  shall include a service fee
component  which   that  takes into
consideration the investment, risk, and assistance of the city
 , county, or city and county  in siting, financing,
and constructing the facility.
   (d) Inmates incarcerated at a facility erected pursuant to this
section, shall be subject, at all times, to the rules and regulations
of the department, and the facility constructed pursuant to this
section, shall in all respects be a state prison facility.
   (e) The secretary, in his or her discretion, may elect to contract
with the  city, county, or city and county  
City of   Adelanto  to maintain the facility, including
maintaining the fixtures and improvements which comprise the
facility.
   SEC. 2.    The Legislature finds and declares that a
special law is necessary and that a general law cannot be made
applicable within the meaning of Section 16 of Article IV of the
California Constitution because of the unique circumstances in the
City of Adelanto that allow for needed prison construction to begin
in a timely manner.