BILL NUMBER: AB 2787 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Leonard
FEBRUARY 25, 2000
An act to add Section 15819.296 to the Government Code, and to add
Section 2023 to the Penal Code, relating to prisons, and making an
appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 2787, as introduced, Leonard. Prisons.
(1) Existing law authorizes the Department of Corrections to
administer and operate the state prison system, including the
establishment and operation of separate community correctional
centers and rehabilitation centers as specified. Existing law also
recommends every city or county correctional, custodial, and law
enforcement agency to have a comprehensive AIDS and HIV prevention
and education program, with a recommended goal of, among other
things, providing separate housing for infected individuals as
specified.
This bill would authorize the Department of Corrections to
construct a correctional facility designed for the purpose of
incarcerating inmates with special health needs due to advanced age
or infection with the HIV virus separate from the general prison
population and to authorize the department to develop a correctional
facility that addresses these needs in a manner consistent with
department policy. This bill would also authorize the department to
sell San Quentin and apply the proceeds from the sale to pay for
revenue bonds used to build the specified special needs facility.
(2) Existing law authorizes the necessary funding for construction
of specified prison facilities to be obtained through lease-purchase
financing.
This bill would authorize the expenditure of an unspecified amount
for construction of the special needs correctional facility to be
provided through lease-purchase arrangements. This money would be
continuously appropriated for that purpose. This bill would also
make available up to an unspecified amount for local mitigation
costs, as specified.
(3) Existing law provides for the establishment and operation of a
state prison at San Quentin in Marin County, and provides that all
death row inmates shall be incarcerated therein and all judgments of
death shall therein be executed.
This bill would provide that notwithstanding any other provision
of law, the Department of Corrections is authorized to close the
state prison at San Quentin and begin the process of searching for a
site for the relocation of inmates incarcerated at this facility.
This bill would also provide that upon closing the state prison at
San Quentin, the Director of Corrections is authorized to designate
another state prison facility to house inmates subject to the death
penalty and within which the judgement of death may be executed.
Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature authorizes the Department of
Corrections to construct a correctional facility designed for the
purpose of incarcerating inmates with special health needs separate
from the general prison population.
(b) The Legislature finds and declares that many inmates in
California's correctional facilities have special health needs due to
either advanced age or infection with the HIV virus. It is the
intent of the Legislature to authorize the department to develop a
correctional facility that addresses these needs in a manner
consistent with department policy.
(c) The Department of Corrections may sell the California State
Prison at San Quentin and apply the proceeds from the sale to pay for
the revenue bonds authorized in Section 15819.296 of the Government
Code for the purpose of building a special needs correctional
facility.
SEC. 2. Section 15819.296 is added to the Government Code, to
read:
15819.296. (a) The necessary funding for the construction of the
special needs correctional facility authorized by Section 1 of the
act enacting this section may be obtained through lease-purchase
financing arrangements. Sections 15819.1 to 15819.13, inclusive, and
Section 15819.15 shall apply for this purpose provided that the
following applies:
(1) "Prison facility" as used in Section 15819.1 includes the
special needs correctional facility authorized by Section 1 of the
act enacting this section.
(2) Notwithstanding the limitation imposed by Section 15819.3
regarding the amount of bonds to be issued for construction,
acquisition, and financing of prison facilities, the State Public
Works Board may issue additional bonds in order to pay the costs of
acquiring and constructing or refinancing the special needs
correctional facility.
(b) Notwithstanding Section 13340, funds derived from the
lease-purchase financing methods for the special needs correctional
facility deposited in the State Treasury, are hereby continuously
appropriated to the State Public Works Board on behalf of the
Department of Corrections for the purpose of acquiring and
constructing or refinancing the prison facility so financed.
The sum of ____ dollars ($____) shall be available for capital
outlay for the special needs facility from funds derived from
lease-purchase financing methods. A maximum of ____ dollars ($____)
of the funds may be available for mitigation costs of local
government and school districts.
(c) The State Public Works Board may authorize the augmentation of
the cost of construction of the project set forth in this section
pursuant to the board's authority under Section 13332.11. In
addition, the State Public Works Board may authorize any additional
amounts necessary to establish a reasonable construction reserve and
to pay the costs of financing, including the payment of interest
during acquisition or construction of the project, the cost of
financing a debt service reserve fund, and the cost of issuance of
permanent financing for the project. This additional amount may
include interest payable on any interim loan for the facility from
the General Fund, the Pooled Money Investment Account pursuant to
Section 16312, or other interim financing programs.
SEC. 3. Section 2023 is added to the Penal Code, to read:
2023. (a) Notwithstanding any other provision of law, the
Department of Corrections is authorized to close the California State
Prison at San Quentin and to begin the process of searching for a
site for the relocation of inmates incarcerated at this facility. In
order to mitigate the reassignment of corrections staff, the
director is authorized to prioritize the north Bay Area as a possible
location for a new facility.
(b) Notwithstanding Sections 1202a and 3603, upon closing the
California State Prison at San Quentin the Director of Corrections is
authorized to designate another state prison facility to house
inmates subject to the death penalty and within which the judgement
of death may be executed.