"u.s.a"california penal code

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RESTITUTION CENTERS


6220. The Director of Corrections may establish and operate
facilities to be known as restitution centers.



6221. The purpose of restitution centers is to provide a means for
those sentenced to prison to be able to pay their victims financial
restitution as ordered by the sentencing court, or as agreed upon by
the defendant and his or her victims.



6222. The location for a restitution center or centers shall be
determined by the Director of Corrections with approval from the
county board of supervisors or city council in whose jurisdiction the
center will be located.


6223. Restitution centers shall be located in areas which will
maximize the employment opportunities of persons sentenced to the
centers.


6224. The supervision, management, and control of the restitution
centers and the responsibility for the care, custody, discipline, and
employment of persons confined therein are vested in the Director of
Corrections.


6224.5. The Director of Corrections may commingle inmates who have
been assigned to a restitution center pursuant to Section 6227 with
inmates who are in transit for community correctional reentry center
placement.


6225. Supervision of inmates in the restitution centers may be by
contract with private nonprofit or profit corporations, or by peace
officer personnel of the Department of Corrections on a 24-hour
basis. As a condition to any contract awarded by the state to a
vendor for restitution center operations, a peace officer from the
Department of Corrections shall be assigned to the site to provide
daily oversight and guidance of custody and security activities. The
peace officer also shall be the liaison between the vendor and the
department. If the supervision is by a private entity, the per
inmate cost of operating these facilities under contract shall be
less than the per inmate cost of maintaining custody of inmates by
the department.



6226. The Director of Corrections in establishing a restitution
center shall enter into an agreement with the county, city, or city
and county in which the facility is located to reimburse the county,
city, or city and county for any additional direct law enforcement
costs that will occur as a result of the restitution center.




6227. The court may order the Department of Corrections to place an
eligible defendant in a restitution center if the court makes a
restitution order, or if a restitution agreement is entered into by
the victims and the defendant. The Department of Corrections may
send a defendant to a reception center for classification prior to
placing the defendant in the restitution center.



6227.5. The Judicial Council shall provide information to
sentencing courts to ensure that the judges responsible for
sentencing are aware of the existence of the restitution center.




6228. A defendant is eligible for placement in a restitution center
if he or she has not served a prison term within the five years
prior to the present conviction, the defendant does not have a
criminal history of a conviction for the sale of drugs or for a
crime involving violence or ***, the defendant did not receive a
sentence of more than 36 months, the defendant presents no
unacceptable risk to the community, and the defendant is employable.
The provisions of Article 2.5 (commencing with Section 2930) of
Chapter 7 of Title 1 of Part 3, are applicable to prisoners in
restitution centers.



6229. In each county, city, or city and county, in which a
restitution center is established, there shall be a restitution
center community advisory board to assist the Director of Corrections
in establishing and promoting the restitution program of the center.
The board shall include the sheriff or chief of police of the local
jurisdiction, the district attorney, a superior court judge selected
by the presiding superior court judge, the chief probation officer,
a member of the city council or the board of supervisors of the local
jurisdiction, selected by the council or board, and two public
members chosen by the city council or board of supervisors. The
public member shall serve for two years. All members shall receive
only actual expenses approved by the Director of Corrections. The
expenses shall be paid by the Department of Corrections.



6230. (a) Offenders shall perform all the labor necessary to
maintain the restitution center and meet the offenders' needs unless
the director finds that a particular task can be better performed by
other persons.
(b) The director may employ and pay compensation to offenders to
perform work at a center.


6231. (a) Wages earned by an offender, less any deductions for
taxes, shall be paid directly to the Department of Corrections.
(b) Wage moneys received by the department shall be used to
reimburse the offender for costs directly associated with continued
employment, including transportation, special tools or clothing,
meals away from the center, union dues, and other employee-mandated
costs. The remaining wages shall be distributed as follows:
(1) One-third shall be transferred to the Department of
Corrections to pay the costs of operating and maintaining the
restitution center.
(2) One-third shall be used to pay restitution pursuant to the
agreement or court order. After the restitution is paid these moneys
shall be paid to the jurisdiction which prosecuted the offender to
defray the court costs and attorney fees incurred in the offender's
prosecution. If all restitution, court costs and attorney fees are
paid, these moneys shall be paid to the local jurisdiction for crime
prevention.
(3) One-third shall be placed in a savings account for the
offender, to provide support for the offender's immediate family, to
purchase items necessary for the offender's employment or to give to
the offender to purchase personal accessories. Any moneys in the
savings account or not expended pursuant to this paragraph at the
time the offender is released from the restitution center shall be
paid to the offender.



6233. (a) An offender shall not leave a restitution center except
to go to work or when specifically authorized and shall return to the
restitution center immediately after work or when required by the
person in charge of the restitution center.
(b) An offender who violates this section is guilty of escape, and
notwithstanding any other provision of law shall be punishable as
provided in Section 4530.



6234. (a) The offender shall not be allowed to take employment if
the rate of pay or other conditions of employment are less than those
paid or provided for work of a similar nature in the locality in
which the work is performed.
(b) To help in administering the restitution center programs, the
director may use volunteer help.
(c) If an offender does not secure employment within three months
after being sent to a restitution center, the director may, at any
time thereafter, transfer the offender to another Department of
Corrections facility if employment has not been obtained.
(d) If the offender violates any of the rules and regulations
governing the restitution center, the director may transfer the
offender to another Department of Corrections facility.



6235. The Department of Corrections shall, pursuant to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, adopt regulations for administering restitution
centers. To the extent practical, the rules and regulations shall
be stated in language that is easily understood by the general
public.



6236. This chapter shall be known as "Restitution Centers."
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SUBSTANCE ABUSE COMMUNITY CORRECTIONAL DETENTION
CENTERS
6240. The Legislature finds and declares the following:
(a) The number of people in state prisons whose primary commitment
offense was for drug law violations represents approximately 24
percent of the inmate population. Based on a representative sample
study of new felon admissions during 1988, it is estimated that
approximately 76 percent of the new commitment admissions to prison
have a known history of drug abuse.
The number of parole violators returned to prison for drug
violations increased 2200 percent from 1980 to 1988. In fiscal year
1988-89, drug charges were a known contributing factor in over 64
percent of parolees returned to prison for parole violations.
(b) The relationship between public safety, recidivism, and
substance abuse is undeniable and significant.
(c) As pointed out by the California Blue Ribbon Commission on
Inmate Population Management in its January 1990 report, both state
and local correction systems are presently lacking sufficient
programs and strategies to intervene with substance abuse and other
behaviors that contribute to criminality. Judges and parole
authorities lack the options of community correctional facilities and
programs with substance abuse intervention and treatment when
managing parole violators, probationers, parolees, and nonviolent
offenders with a history of substance abuse.
(d) There presently does not exist a model for a state and local
center to house substance abusers, increase employability skills,
provide counseling and support, and make treatment programs available
to intervene and treat substance abuse, to reduce the crime problem
and the social costs which these offenders bring upon society,
themselves, and their families.
It is, therefore, the intent of the Legislature to provide for the
establishment of substance abuse community correctional centers and
programs to be operated locally in order to implement
state-of-the-art rehabilitation programs commensurate with public
safety considerations.
It is further the intent of the Legislature to focus these efforts
in local communities in order to blend state and local efforts to
achieve a higher success rate and lower recidivism, and to reduce the
number of substance abusers and offenders who are currently being
sent to state prison.
It is also the intent of the Legislature that these programs and
housing facilities be built and operated in a manner providing
maximum safety to the public commensurate with the purpose of the
programming, and that the facilities be kept drug-free by whatever
legal means are required.
The facilities and the programs shall be designed and operated in
joint efforts by the state and counties, with primary funding from
the state for construction of the facilities.
It is the intent of the Legislature that funds disbursed pursuant
to this chapter be used to construct the maximum possible number of
community beds for this purpose commensurate with public safety
requirements.


6240.5. This act shall be known, and may be cited, as the Substance
Abuse Community Correctional Treatment Act.



6240.6. For purposes of this chapter, the following definitions
shall apply:
(a) "Board" means the Board of Corrections.
(b) "Department" means the Department of Corrections.
(c) "Center" means a substance abuse community correctional
detention center.
(d) "Construction" means new construction, reconstruction,
remodeling, renovation, or replacement of facilities, or a
combination thereof.
(e) "Facility" means the physical buildings, rooms, areas, and
equipment used for the purpose of a substance abuse community
correctional detention center.



6241. (a) The Substance Abuse Community Correctional Detention
Centers Fund is hereby created within the State Treasury. The Board
of Corrections is authorized to provide funds, as appropriated by the
Legislature, for the purpose of establishing substance abuse
community correctional detention centers. These facilities shall be
operated locally in order to manage parole violators, those select
individuals sentenced to state prison for short periods of time, and
other sentenced local offenders with a known history of substance
abuse, and as further defined by this chapter.
(b) The facilities constructed with funds disbursed pursuant to
this chapter in a county shall contain no less than 50 percent of
total beds for use by the Department of Corrections.
(1) Upon agreement, the county and the department may negotiate
any other mix of state and local bed space, providing the state's
proportionate share shall not be less than 50 percent in the portion
of the facilities financed through state funding.
(2) Nothing in this chapter shall prohibit the county from using
county funds or nonrestricted jail bond funds to build and operate
additional facilities in conjunction with the centers provided for in
this chapter.
(c) Thirty million dollars ($30,000,000) in funds shall be
provided from the 1990 Prison Construction Fund and the 1990-B Prison
Construction Fund, with fifteen million dollars ($15,000,000) each
from the June 1990 bond issue and the November 1990 bond issue, for
construction purposes set forth in this chapter, provided that
funding is appropriated in the state budget from the June and
November 1990, prison bond issues for purposes of this chapter.
(d) Funds shall be awarded to counties based upon the following
policies and criteria:
(1) Priority shall be given to urban counties with populations of
450,000 or more, as determined by Department of Finance figures. The
board may allocate up to 10 percent of the funding to smaller
counties or combinations of counties as pilot projects, if it
concludes that proposals meet the requirements of this chapter,
commensurate with the facilities and programming that a smaller
county can provide.
(2) Upon application and submission of proposals by eligible
counties, representatives of the board shall evaluate proposals and
select recipients.
To help ensure that state-of-the-art drug rehabilitation and
related programs are designed, implemented, and updated under this
chapter, the board shall consult with not less than three authorities
recognized nationwide with experience or expertise in the design or
operation of successful programs in order to assist the board in all
of the following:
(A) Drawing up criteria on which requests for proposals will be
sought.
(B) Selecting proposals to be funded.
(C) Assisting the board in evaluation and operational problems of
the programs, if those services are approved by the board.
Funding also shall be sought by the board from the federal
government and private foundation sources in order to defray the
costs of the board's responsibilities under this chapter.
(3) Preference shall be given to counties that can demonstrate a
financial ability and commitment to operate the programs it is
proposing for a period of at least three years and to make
improvements as proposed by the department and the board.
(4) Applicants receiving awards under this chapter shall be
selected from among those deemed appropriate for funding according to
the criteria, policies, and procedures established by the board.
Criteria shall include success records of the types of programs
proposed based on nationwide standards for successful programs, if
available, expertise and hands-on experience of persons who will be
in charge of proposed programs, cost effectiveness, including cost
per bed, speed of construction, a demonstrated ability to construct
the maximum number of beds which shall result in an overall net
increase in the number of beds in the county for state and local
offenders, comprehensiveness of services, location, participation by
private or community-based organizations, and demonstrated ability to
seek and obtain supplemental funding as required in support of the
overall administration of this facility from sources such as the
Department of Alcohol and Drug Programs, the agency or agencies
designated by the Director of Finance pursuant to Section 13820, the
National Institute of Corrections, the Department of Justice, and
other state and federal sources.
(5) Funds disbursed under subdivision (c) shall be used for
construction of substance abuse community correctional centers, with
a level of security in each facility commensurate with public safety
for the types of offenders being housed in or utilizing the
facilities.
(6) Funds disbursed under this chapter shall not be used for the
purchase of the site. Sites shall be provided by the county.
However, a participating county may negotiate with the state for use
of state land at nearby corrections facilities or other state
facilities, provided that the locations fit in with the aims of the
programs established by this chapter.
The county shall be responsible for ensuring the siting,
acquisition, design, and construction of the center consistent with
the California Environmental Quality Act pursuant to Division 13
(commencing with Section 21000) of the Public Resources Code.
(7) Staff of the department and the board, as well as persons
selected by the board, shall be available to counties for
consultation and technical services in preparation and implementation
of proposals accepted by the board.
(8) The board also shall seek advice from the Department of
Alcohol and Drug Programs in exercising its responsibilities under
this chapter.
(9) Funds shall be made available to the county and county agency
which is selected to administer the program by the board of
supervisors of that county.
(10) Area of greatest need can be a factor considered in awarding
contracts to counties.
(11) Particular consideration shall be given to counties that can
demonstrate an ability to provide continuing counseling and
programming for offenders in programs established under this chapter,
once the offenders have completed the programs and have returned to
the community.
(12) A county may propose a variety of types and sizes of
facilities to meet the needs of its plan and to provide the services
for varying types of offenders to be served under this chapter.
Funds granted to a county may be utilized for construction of more
than one facility.
Any county wishing to use existing county-owned sites or
facilities may negotiate those arrangements with the Department of
Corrections and the Board of Corrections to meet the needs of its
plan.


6241.5. Because of the difficulties of finding locations for
programs described in this chapter, the state shall assist in making
state-owned lands available to counties for purposes of this chapter,
so long as those efforts do not impede an agency's operations or
planned expansions and are commensurate with public safety
requirements.



6242. (a) The county shall assume full responsibility to administer
and operate the center and program consistent with the criteria set
forth in this chapter and those established by the board. This shall
include maintenance and compliance with all codes, regulations, and
health standards.
(b) The county shall select a local governmental department to
operate the facility in accordance with the standards and oversight
provided for in this chapter.
The facility shall be owned by the department for the duration of
the payment of the bond used to finance construction of the facility.
Upon completion of bond repayment, ownership of the facility shall
be vested in the county. Ownership of a county facility renovated
with funds awarded pursuant to this chapter shall be by the
department for the period of bond repayment, after which ownership
shall revert to the county. The department shall retain the option
to lease from the county no less than 50 percent of inmate beds after
completion of bond repayment.
If a county willfully terminates its participation in this act
prior to completion of bond repayment or if its grant is terminated
by the board for noncompliance with program regulations, ownership of
the facility shall remain vested in the department. The department
shall retain the option to lease as provided in this subdivision.
(c) Counties or the department shall operate all services and
programs in secure facilities pursuant to this chapter with only
county or state merit system employees, except that private nonprofit
providers or individual professionals with demonstrated expertise
and community experience also may be utilized to provide substance
abuse treatment programs. Treatment programs outside secure
facilities pursuant to this chapter may be provided only by county or
state staff, by private nonprofit providers, or by individual
professionals with demonstrated expertise and experience in providing
services to this population of the community.
(d) Custody in secure facilities shall be provided by peace
officers, as defined in Sections 830.1, 830.5, and 830.55, or
custodial officers, as defined in Sections 831 and 831.5, who have
satisfactorily met the minimum selection and training standards for
corrections officers, as prescribed by the board under Section 6035.

(e) Parolees, parole violators, and state prisoners shall remain
under overall supervision of state parole officers.
(f) The department shall contract to reimburse the county for
allotted bed space and programming for state offenders based on
actual cost plus a reasonable fee, but in no instance shall that
amount exceed the average cost of housing an inmate in a state prison
facility, as determined annually by the director.
(g) A county may bill the state for services provided to state
parolees pursuant to this chapter on a pro rata basis of the cost of
providing the programs and services, if requested by the department.

(h) The department and the board, as well as participating
counties, shall seek funding from the federal government and from
private foundation sources to help meet the costs of the programs
outlined in this chapter.
(i) It shall be the responsibility of the board, the department,
and the design and implementation panel to keep abreast of
improvements in programs of the types established by this chapter,
and to attempt to revise and update programs as state-of-the-art
advances develop.
(j) Requests for proposals shall be ready for submission to
eligible counties within nine months after the effective date of this
chapter. Eligible counties shall submit proposals within six months
after the request for proposals is submitted.
(k) An amount totaling no more than 11/2 percent of the total
amount of funds to be disbursed under this chapter is hereby
appropriated from the 1990 Prison Construction Fund and the 1990-B
Prison Construction Fund to the board to be used for administrative
costs.
(l) Following formal acceptance of proposals submitted by
counties, the board shall have authority to modify, expand, or revise
county programs, if requested by counties, or if the board concludes
that changes should be made to improve, expand, or reduce the scope
or approach of programs. This shall be done after formal notice to a
county of proposed changes and opportunity for a county to submit
evidence. The board also shall be able to recommend additional or
reduced funding for a program, if funding becomes available upon
appropriation by the Legislature.



6242.5. (a) The board shall establish minimum standards, including
security requirements, for the construction of facilities pursuant to
this chapter.
(b) The board shall develop an architectural program describing
the functions which the facility will be expected to serve, but which
deemphasizes the correctional and detention nature of the exterior
of the facilities in order to ease the difficulty in finding
acceptable *******
(c) Counties may substitute renovation of an existing structure
for new construction, but renovation costs per bed shall not exceed
the cost of new construction based on initial cost and useful life of
the facility, and shall meet the program design standards
established by the board. However, participation by a county or use
of existing facilities for programs under this chapter shall not be
utilized by a county to avoid meeting its needs for jail-bed
construction and housing of jail inmates.
(d) Per-bed cost of secure facilities proposed by a county shall
not exceed the cost of current similar construction by the
department.
(e) The county shall lease the site on which the facility is
located to the state for a term of not less than the period of bond
repayment. The department shall pay to the county as lease the sum
of one dollar ($1) per year beginning the first month after the first
payment for the repayment of the bond to continue through the
duration of the bond used to finance construction of the facility.



6242.6. (a) The board shall provide evaluation of the progress,
activities, and performance of each center and participating county's
progress established pursuant to this chapter and shall report the
findings thereon to the Legislature two years after the operational
onset of each facility.
(b) The board also shall provide to the Joint Legislative
Committee on Prison Construction and Operations and to the Joint
Legislative Budget Committee, on January 1 of each year beginning
1992, a report on the progress of contracting with counties for
centers as provided in this chapter.
(c) The board shall select an outside monitoring firm in
cooperation with the Auditor General's office, to critique and
evaluate the programs and their rates of success based on recidivism
rates, drug use, and other factors it deems appropriate. Two years
after the programs have begun operations, the report shall be
provided to the Joint Legislative Prisons Committee, participating
counties, the department, the Department of Alcohol and Drug
Programs, the State Department of Health Services, and other sources
the board deems of value. Notwithstanding subdivision (k) of Section
6242, one hundred fifty thousand dollars ($150,000) is hereby
appropriated from the funds disbursed under this chapter from the
1990 Prison Construction Fund to the Board of Corrections to be used
for program evaluation under this subdivision.
(d) The department shall be responsible for the ongoing monitoring
of contract compliance for state offenders placed in each center.



6243. Primary offender groups to be dealt with in the programs
established by this chapter shall be probation or parole violators
who would otherwise be returned to jail or prison.
The following standards for selection shall apply:
(a) The Director of Corrections, or his or her designee, together
with local parole officials, shall select offenders committed to
state prison for placement in not less than 50 percent of the program
beds established by this chapter. Eligible offenders shall be
parole violators and felons committed to state prison who, after
credit deduction for presentence incarceration and pursuant to
Section 2933, would otherwise have served an actual term of six
months or less in state prison. Offenders selected shall have a
demonstrated history of alcohol or controlled substances abuse, or
both, but shall not include any of the following:
(1) Offenders convicted at anytime of a violent felony, as defined
in subdivision (c) of Section 667.5 whether in California or any
other jurisdiction for an offense with the same elements.
(2) Offenders who have lost work credits while currently in prison
for an offense listed in paragraph (1) of subdivision (a) of Section
2932, except for assault with a deadly weapon or a caustic
substance.
(3) Offenders currently convicted of burglary of an inhabited
dwelling.
(4) Offenders convicted on two or more separate occasions of
violations of Section 11351, 11351.5, 11352, 11353, 11370.1, 11370.6,
11378.5, 11379, 11379.5, or 11379.6 of the Health and Safety Code
for selling or transporting for sale, manufacturing for sale,
processing for sale, importing for sale, or administering any
controlled substance listed in these sections, or for attempting to
commit any of these offenses for those purposes and who has served at
least one term in prison for violating one of these sections.
(b) The maximum period of participation in a center program shall
not exceed the maximum period for which the offender could have been
incarcerated in county jail or state prison. Upon release from a
center, a state offender shall be subject to the parole provisions of
Section 3000. Local offenders shall be subject to all conditions of
probation, if probation was imposed at the time of sentencing.
(c) The parole of an offender placed in a center following
revocation of parole shall remain revoked during the period of
participation in a center.
(d) Individuals eligible for this program who are deemed unfit for
participation by either custodial or program staff at any time shall
be transferred to a state prison or county facility to which they
would otherwise have been committed and shall serve their remaining
sentence minus the time served at the center.
(e) Except upon agreement between the county and the department,
placement of state offenders in a center is limited to parolees on
parole in that county and new commitments sentenced from that county.

(f) The county shall select local offenders for placement in up to
50 percent of the program beds established by this chapter. These
offenders shall be persons convicted and sentenced to county jail,
whether or not as a condition of probation, and who have a
demonstrated history of abuse of alcohol or controlled substances, or
both.
(g) State prisoners participating in these programs shall be
eligible for work credit time reductions under provisions applicable
to state prisoners committed to state prison.
(h) Primary emphasis in this program shall be toward parole
violators and persons sentenced to prison or jail for short terms and
for whom rehabilitation efforts should be provided.
(i) The department shall regularly notify the sheriff's department
and the probation department of a participating county of offenders
placed into the program or released from the program established by
this chapter. The county shall likewise regularly notify local
parole officials of persons placed into or released from its programs
set up by this chapter.
The sheriff's department, probation and parole officials, and the
Board of Prison Terms shall be permitted to recommend for or against
placement of persons into these programs, as shall the judiciary of
the county.
(j) Facilities may not serve as housing or parole or probation
offices for offenders not a part of programs set up by this chapter.




6245. In submitting a proposal, a county's plan shall include at
least all of the following elements that meet standards established
by the board in its request for proposal, and demonstrate that its
program will have strong links to the community organizations
involved in providing those elements, and that those community
organizations have helped in designing the proposal:
(a) A rigorous program of substance abuse testing.
(b) A drug-free environment.
(c) Substance abuse treatment.
(d) Employment services.
(e) Basic education services.
(f) Mental health services and family counseling.
(g) A strong linkage to probation and parole.



6246. Each recipient county shall set up a program oversight
committee, under rules and guidelines the Board of Corrections
formulates, which shall include representatives from the following
groups:
(a) Parole officials.
(b) Probation officials.
(c) Sheriff's department officials.
(d) County alcohol and drug abuse officials.
(e) Program contractors.
(f) Local judiciary personnel.
(g) Social welfare agency personnel.
(h) Local labor and employment representatives.
Responsibilities of the program oversight committee shall include,
but not be limited to, regular reviews of program operations and
criteria for offenders being placed into it, discussion and
resolution of problems that may arise, costs, and other duties that
may be assigned it by the Board of Corrections.
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COMMUNITY CORRECTIONAL CENTERS
6250. (a) The Director of Corrections may establish and operate
facilities to be known as community correctional centers. The
director may enter into a long-term agreement, not to exceed 20
years, for transfer of prisoners to, or placement of prisoners in,
community correctional centers.
(b) No later than 30 days after the department has designated a
site as a potential site, the director shall notify the county board
of supervisors or city council in whose jurisdiction the center may
be located. The notification shall set forth the specifics of the
site location, design, and operational characteristics for the
facility. The department shall not contract for the facility until
it has received and reviewed the comments of every local agency
notified under this section or the expiration of 60 days after having
given notice to the local agency, whichever occurs first.
Upon receipt of the notice, the city, county, or city and county
may hold a public hearing concerning the impact of the facility on
the community. At the conclusion of the public hearing, the city,
county, or city and county may make a recommendation to the
department as to the appropriateness of the proposed site, specific
design and operational features to help make the facility more
compatible with the community, and alternative locations, if
appropriate.
Upon receipt of comments and recommendations, the department shall
determine whether to proceed with the facility, to modify the
proposal, or to select an alternative site. If the department
selects a site recommended by the local agency after a hearing
conducted pursuant to this section, no further review or hearings are
required by this subdivision.
(c) The notice referred to in subdivision (b) may be delivered by
hand or sent by any form of mail requiring a return receipt. Failure
to provide the notice shall be grounds for extinguishing the
contract upon motion of the board of supervisors or city council.
(d) The Director of Corrections shall not change the use of or
significantly increase the capacity of a community correctional
center established pursuant to subdivision (a) unless the director
has first notified the county board of supervisors or city council in
whose jurisdiction the center is located at least 30 days prior to
the change of use or capacity. Failure to provide the notice shall
be grounds for enjoining the change in use or capacity.



6250.5. (a) The Director of Corrections may contract for the
establishment and operation of community correctional facilities that
offer programs for the treatment of addiction to alcohol or
controlled substances based on the therapeutic community model, only
if the cost per inmate of operating the facilities will be less than
the cost per inmate of operating similar state facilities. The
Legislature finds and declares that the purpose of a therapeutic
community program, which emphasizes alcohol and controlled substance
rehabilitation, is to substantially increase the likelihood of
successful parole for those inmates.
(b) Each facility under contract pursuant to this section shall
provide programs that prepare each inmate for successful
reintegration into society. Those programs shall involve constant
counseling in drug and alcohol abuse, employment skills, victim
awareness, and family responsibility, and generally shall prepare
each inmate for return to society. The programs also shall emphasize
literacy training and use computer-supported training so that
inmates may improve their reading and writing skills. The program
shall include postincarceration counseling and care in order to
ensure a greater opportunity for success.
(c) The department may enter into a long-term agreement, not to
exceed 20 years, for transfer of prisoners to, or placement of
prisoners in, facilities under contract pursuant to this section.
(d) The department shall provide for the review of any agreement
entered into under this section to determine if the contractor is in
compliance with the terms of this section. The review shall be
conducted at least every five years. The department may revoke any
agreement if the contractor is not in compliance with this section.
(e) Notwithstanding the Public Contract Code or Article 10
(commencing with Section 1200) of Title 15 of the California Code of
Regulations, the Department of Corrections shall select an
independent contractor to conduct an annual audit and cost comparison
evaluation of any programs established under this section. Any
contract for annual audits and evaluation shall provide that the
annual report, whether in final or draft form, and all working papers
and data, shall be available for immediate review upon request by
the department.



6251. The primary purpose of such facilities is to provide housing,
supervision, counseling, and other correctional programs for persons
committed to the Department of Corrections.



6252. The Director of Corrections shall make rules and regulations
for the government of the community correctional centers in the
management of their affairs.



6253. (a) The Director of Corrections may transfer inmates whose
terms of imprisonment have been fixed from the state prisons and
facilities of the Department of Corrections to community correctional
centers, and place parolees in the community correctional centers.
The director may charge the resident reasonable fees, based on
ability to pay, for room, board and so much of the costs of
administration as are allocable to such resident. Fees may not
exceed actual, demonstrable costs to the department. No fees shall
be collected from an inmate or parolee after his or her residency in
the center has terminated.
Notwithstanding any other provision of law, no inmate or parolee
shall be denied placement in a community correctional center on the
basis of inability to pay fees authorized by this section.
(b) Inmates transferred to community correctional centers remain
under the legal custody of the department and shall be subject at any
time, pursuant to the rules and regulations of the Director of
Corrections, to be detained in the county jail upon the exercise of a
state parole or correctional officer's peace officer powers as
specified in Section 830.5, with the consent of the sheriff or
corresponding official having jurisdiction over the facility.



6254. The Director of Corrections may grant furloughs to residents
of community correctional centers for the purpose of employment,
education, including vocational training, or arranging a suitable
employment and residence program.


6255. The provisions of Title 5 (commencing with Section 4500) of
Part 3 shall apply to all persons placed in a community correctional
center by the Director of Corrections except that those persons who
are on active parole shall be subject to the provisions of Article 3
(commencing with Section 3040) of Chapter 8, Title 1, Part 3.




6256. The Director of Corrections may enter into contracts, with
the approval of the Director of General Services, with appropriate
public or private agencies, to provide housing, sustenance, and
supervision for such inmates as are eligible for placement in
community correctional centers. Prisoners in the care of such
agencies shall be subject to all provisions of law applicable to
them.
The Department of Corrections shall reimburse such agencies for
their services from such funds as may be appropriated for the support
of state prisoners.


6258. (a) The Director of Corrections may contract for the
establishment and operation of separate community correctional
reentry centers for men and women, provided that the per-inmate cost
for operating these facilities under contract will be less than the
per-inmate cost of maintaining custody of the inmates by the
department.
(b) The purpose of the community correctional reentry center is to
provide an enhancement program to increase the likelihood of a
successful parole. The objective of the program is to make the
inmates aware of their responsibility to society, and to assist the
inmates with educational and employment training to ensure
employability once on parole.
(c) A community correctional reentry center shall prepare the
inmate for reintegration into society. These centers shall provide
counseling in the areas of drug and alcohol abuse, stress, employment
skills, victim awareness, and shall, in general, prepare the inmate
for return to society. The program shall also emphasize literacy
training and utilize computer-supported training so that the inmate
can read and write at least at a ninth grade level.
(d) In awarding contracts pursuant to this section, the director
may entertain proposals for the establishment and operation of
community correctional reentry centers from public and private
entities and shall give preference to community correctional reentry
centers located near large population centers.



6258.1. No inmate shall be transferred to a community correctional
reentry facility unless all of the following conditions are met:
(a) The inmate applies for a transfer to a community correctional
reentry facility.
(b) The inmate is not currently serving a sentence for conviction
of any offense described in subdivision (c) of Section 667.5.
(c) The inmate has less than 120 days left to serve in a
correctional facility.
(d) The inmate has not been convicted previously of an escape
pursuant to Section 4532 of the Penal Code.
(e) The department determines that the inmate would benefit from
the transfer.


6259. (a) For the purposes of acquiring the 2,000 community
correctional facility beds and notwithstanding any other provision of
law, the procurement and performance of any contracts authorized
pursuant to Chapter 9.5 (commencing with Section 6250) of Part 3 of
Title 7 of the Penal Code shall be conducted under the provisions of
Article 4 (commencing with Section 10335) of Part 2 of Division 2 of
the Public Contract Code, as a contract for services.
(b) The procurement shall include requirements that the contractor
provide to the state options to purchase all or a portion of the
facilities and equipment used by the vendor in the performance of the
contract and that the consideration of the proposals include the
terms of these options. The contract shall provide specifications
for the vendor's acquisition of sites, compliance with environmental
requirements, preparation of plans and specifications for, and
development and operation of, facilities, and such other matters as
may be reasonably incidental to the development, operation, and
potential future acquisition by the state pursuant to an option to
purchase the facilities.
(c) The exercise of an option to purchase shall be subject to the
jurisdiction of the State Public Works Board and the requirements of
the master plan for prison construction, Chapter 11 (commencing with
Section 7000) of Title 7 of Part 3 of the Penal Code, the State
Contract Act, Chapter 1 (commencing with Section 10100) of Part 2 of
Division 2 of the Public Contract Code, the State Building
Construction Act of 1955, Part 10b (commencing with Section 15800) of
Division 3 of the Government Code, and the Property Acquisition Law,
and Part 11 (commencing with Section 15850) of Division 3 of the
Government Code, but these provisions shall not apply to the
procurement of the option to purchase or the procurement and
performance of the contract.
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WORK FURLOUGH PROGRAMS


6260. The Legislature finds and declares the following: that
overcrowding in correctional institutions is not a desirable method
of housing state inmates; that other methods of housing should be
developed for appropriate state inmates, particularly if they can be
less costly; that reentry programs for inmates who are nearing the
completion of their term of incarceration provides a more normal
environment and an opportunity to begin reintegrating into society;
and that work furlough programs are appropriate only for specified
types of inmates for a limited period of time prior to release back
into society; and that existing law already recognizes the
appropriateness of placing inmates in community facilities.




6261. (a) To the extent that public and private nonprofit and
profit corporations have available beds and satisfy the criteria
specified in this chapter, the Department of Corrections shall
contract with them to provide reentry work furlough programs for all
inmates 120 days prior to scheduled release and who are not excluded
under this chapter.
(b) The Department of Corrections shall contract with private
nonprofit and profit corporations for at least 1/3 of all reentry
work furlough beds, unless the department determines these beds are
not available or do not comply with this chapter. The department
shall report annually in writing to the fiscal and appropriate policy
committees of the Legislature of the actions performed to locate
those beds or reasons for noncompliance. This provision shall not be
interpreted to impair existing contracts.



6262. The Department of Corrections may contract with a public or
private nonprofit or profit corporation meeting all the following
conditions:
(a) Availability of a work furlough facility in compliance with
standards established by the Department of Corrections.
(b) Location of a facility in proximity to geographical areas
providing employment opportunities and public transportation
services.
(c) Cost proposals equal to or less than the per capita amount for
housing in a correctional institution, including administrative
costs.
(d) Criteria for placement that does not differ significantly from
the policies of the Department of Corrections.
(e) Submission by the agency of operational guidelines that are
approved by the Department of Corrections pursuant to its
classification manual.
(f) Compliance with other requirements deemed appropriate by the
Department of Corrections, including, but not limited to, visiting
procedures, 24-hour security, and recreation.
(g) Efficient fiscal management and financially solvent.



6263. (a) The Department of Corrections shall deny placement in a
reentry work furlough program if it determines that an inmate would
pose an unreasonable risk to the public, or if any one of the
following factors exist, except in unusual circumstances, including,
but not limited to, the remoteness in time of the commission of the
offense:
(1) Conviction of a crime involving *** or arson.
(2) History of forced escape, or of drug use, sales, or addiction.

(3) Parole program or employment outside the area served by the
facility.
(4) History of serious institutional misconduct.
(5) Prior placement in a protective housing unit within a
correctional institution, except a person placed there while
assisting a public entity in a civil or criminal matter.
(6) More than one conviction of a crime of violence.
(b) Nothing in this section shall be interpreted to limit the
discretion of the Department of Corrections to deny placement when
the provisions of subdivision (a) do not apply.
(c) Inmates transferred to reentry work furlough remain under the
legal custody of the department and shall be subject at any time,
pursuant to the rules and regulations of the Director of Corrections,
to be detained in the county jail upon the exercise of a state
parole or correctional officer's peace officer powers as specified in
Section 830.5, with the consent of the sheriff or corresponding
official having jurisdiction over the facility.



6264. The Department of Corrections shall review each inmate for
work furlough consideration at least 120 days prior to his or her
scheduled parole date.


6265. Any inmate violating the conditions of the work furlough
prescribed by the Department of Corrections shall be subject to the
disciplinary procedures identified in its classification manual.



6266. The director may charge the inmate in a work furlough program
reasonable fees, based on ability to pay for room, board, and so
much of the costs of administration as are allocable to the inmate.
Fees may not exceed the actual, demonstrable costs to the department.
No fees shall be collected from an inmate after his or her tenure
in a work furlough program is terminated.
Notwithstanding any other provision of law, no inmate shall be
denied placement in a work furlough program on the basis of inability
to pay fees authorized by this section.

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SPECIAL FACILITIES

6267. (a) (1) The Legislature finds and declares that the purpose
of the program authorized under this section is to address the
special needs of inmates with regard to the provision of long-term
care in skilled nursing facilities.
(2) The department may contract with public or private entities
for the establishment and operation of skilled nursing facilities for
the incarceration and care of inmates who are limited in ability to
perform activities of daily living and who are in need of skilled
nursing services. The skilled nursing facility under contract
pursuant to this section shall address the long-term care of inmates
as needed. In addition, the facility shall be designed to maximize
the personal security of inmates, to maximize the security of the
facility, and to ensure the safety of the outside community at large.

(b) The department shall provide for the security of the facility
in order to ensure the safety of the outside community at large.
(c) The department shall enter into an agreement for transfer of
prisoners to, or placement of prisoners in, skilled nursing
facilities pursuant to this section.
(d) The facility contractor shall ensure that the facility meets
all licensing requirements by obtaining a license for the skilled
nursing facility, as that term is defined in Section 1250 of the
Health and Safety Code.
(e) The department shall provide for the review of any agreement
entered into under this section to determine if the facility
contractor is in compliance with the requirements of this section,
and may revoke the agreement if the facility contractor is not in
compliance.
(f) The Department of Corrections ombudsman program shall provide
ombudsman services to prisoner residents of the department-contracted
skilled nursing facilities.
(g) Notwithstanding the provisions of Chapter 11 (commencing with
Section 9700) of Division 8.5 of the Welfare and Institutions Code,
the Office of the State Long-Term Care Ombudsman shall be exempt from
advocating on behalf of, or investigating complaints on behalf of
residents of any skilled nursing facilities operated either directly
or by contract by the Department of Corrections.
(h) As used in this section, "long-term care" means personal or
supportive care services provided to people of all ages with physical
or mental disabilities who need assistance with activities of daily
living including bathing, eating, dressing, toileting, transferring,
and ambulation.

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REENTRY PROGRAM FACILITIES


6270. The Legislature finds and declares the following:
(a) The continuity of services provided both before and after an
inmate's release on parole will improve the parolee's opportunity for
successful reintegration into society.
(b) Placing an inmate in a secure correctional facility within the
community prior to parole into that community provides the
opportunity for both parole officers and local law enforcement
personnel to better coordinate supervision of that parolee.




6271. (a) The Department of Corrections and Rehabilitation is
authorized to construct, establish, and operate reentry program
facilities throughout the state that will house up to 6,000 inmates.
These facilities shall be secure facilities of up to 500 beds each,
house inmates within one year of being released or rereleased from
custody, and, to the extent possible, be sited in urban locations.
(b) Reentry program facilities shall only be established in a
city, county, or city and county that requests a reentry program
facility, and the proposed location of the facility shall be
identified by the city, county, or city and county.




6271.1. (a) The Department of Corrections and Rehabilitation is
authorized to construct, establish, and operate reentry program
facilities throughout the state that will house up to an additional
10,000 inmates, as provided for in subdivision (c) of Section
15819.41 of the Government Code. These facilities shall be secure
facilities of up to 500 beds each, be for inmates within one year of
being released or rereleased from custody, and, to the extent
possible, be located in urban locations. This authorization is in
addition to the authorization in Section 6271.
(b) Sections 6272 and 6273 shall also apply to this authorization.




6272. Reentry program facilities shall provide programming to
inmates and parole violators tailored to the specific problems faced
by this population when reintegrating into society. Persons housed in
these facilities shall receive risk and needs assessments, case
management services, and wraparound services that provide a
continuity of support services between custody and parole.



6273. In the locations where a reentry program facility is
established, the Department of Corrections and Rehabilitation shall
develop a collaborative partnership with local government, local law
enforcement, and community service providers.




6275. (a) Notwithstanding any other provision of law, the
Department of Corrections and Rehabilitation is authorized to use the
Northern California Women's Facility in Stockton as a reentry
facility to house inmates, parole violators, or parolees pending
revocation of their parole who are either paroling to, or returning
to prison from, the Counties of San Joaquin, Calaveras, or Amador.
(b) The provisions of subdivision (b) of Section 15820.907 of the
Government Code were met on August 7, 2007, when the San Joaquin
County Board of Supervisors and the Stockton City Council passed
resolutions supporting conversion of the former Northern California
Women's Facility to a reentry facility to house male inmates or
parole violators.
(c) The "reactivation" of the Northern California Women's Facility
for use as a reentry facility to house male inmates shall have the
same meaning and legal definition as the following terms:
(1) "Assist the state in siting" as provided in subdivision (b)
of Section 15820.907 of the Government Code.
(2) "Sited" as provided in subdivision (b) of Section 15820.918 of
the Government Code and paragraph (3) of subdivision (a) of Section
7021 of this code.
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REGIONAL JAIL CAMPS
6300. The Department of Corrections is authorized to establish and
operate regional jail camps.



6301. The primary purpose of the camps shall be the confinement,
treatment, and care of persons sentenced to long jail terms,
including persons so imprisoned as a condition of probation.



6302. The Director of Corrections shall make rules and regulations
governing eligibility for commitment or transfer to such camps and
rules and regulations for the government of such camps. Subject to
the rules and regulations of the Director of Corrections, and if
there is in effect for the county a contract entered into pursuant to
Section 6303, a county prisoner may be committed to a regional jail
camp in lieu of commitment to a county jail or other county detention
facility.



6303. (a) The director may enter into a contract, with the approval
of the Director of General Services, with any county of the state,
upon the request of the board of supervisors thereof, wherein the
Director of Corrections agrees to furnish confinement, care,
treatment, and employment of county prisoners. The county shall
reimburse the state for the cost of such services, such cost to be
determined by the Director of Finance. Each county auditor shall
include in his state settlement report rendered to the Controller in
the months of January and June the amounts due under any contract
authorized by this section, and the county treasurer, at the time of
settlement with the state in such months, shall pay to the State
Treasurer upon order of the Controller, the amounts found to be due.
(b) The Department of Corrections shall accept such county
prisoner if it believes that the prisoner can be materially benefited
by such confinement, care, treatment, and employment, and if
adequate facilities to provide such care are available. No such
person shall be transported to any facility under the jurisdiction of
the Department of Corrections until the director has notified the
referring court of the place to which said person is to be
transmitted and the time at which he can be received.
(c) The sheriff of the county in which such an order is made
placing a misdemeanant in a jail camp pursuant to this chapter, or
any other peace officer designated by the court, shall execute an
order placing such county prisoner in the jail camp or returning him
therefrom to the court. The expense of such sheriff or peace officer
incurred in executing such order is a charge upon the county in
which the court is situated.



6304. The Director of Corrections may return to the committing
authority any person committed transferred to a regional jail camp
pursuant to this chapter when there is no suitable employment or when
such person is guilty of any violation of rules and regulations of
the regional jail camp.
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PRISON VISITOR SERVICES


6350. The Legislature finds and declares the following:
(a) Maintaining an inmate's family and community relationships is
an effective correctional technique which reduces recidivism.
(b) Enhancing visitor services increases the frequency and quality
of visits, thereby discouraging violent prisoner activity.
(c) The location of prisons and lack of services to assist
visitors impedes visiting.



6351. The Department of Corrections shall contract with a private
nonprofit agency or agencies to establish and operate a visitor
center outside each state adult prison in California which has a
population of more than 300 inmates.


6352. Each visitor center shall provide, at a minimum, each of the
following services to prison visitors:
(a) Assistance to visitors with transportation between public
transit terminals and prisons.
(b) Child care for visitors' children.
(c) Emergency clothing.
(d) Information on visiting regulations and processes.
(e) Referral to other agencies and services.
(f) A sheltered area, which is outside of the security perimeter,
for visitors who are waiting before or after visits.
In addition, each center shall maintain working relations with the
local community and institution.



6353. Each nonprofit agency which the department contracts with
pursuant to Section 6351 shall submit to the department and to the
Legislature an annual report which includes, but is not limited to,
the following information:
(a) A description of the barriers to visiting.
(b) A quantitative and narrative description of the services which
it rendered.
(c) A description of the impact of the centers which it provided
on visiting.
(d) A description of areas for improvement of services or
coordination with other public or private agencies.
(e) A description of the community resources which it utilized.



6354. The Department of Corrections shall employ all the following
criteria in selecting the agency or agencies with which it contracts
pursuant to Section 6351:
(a) The number and quality of services proposed in comparison to
direct program costs.
(b) Prior experience in establishing and operating prison visitor
service centers in California.
(c) Prior experience in working cooperatively with the department,
other correctional agencies, community programs, inmates, visitors,
and the general public.
(d) The ability to use volunteers and other community resources to
maximize the cost effectiveness of this program.
(e) The identified needs of visitors.



6355. Nothing in this chapter is intended to limit the department
in developing additional programs or making all reasonable efforts to
promote visits to prisoners.



6356. The department shall cooperate with the Department of
Transportation in the development of public transportation services
to prisons, pursuant to Section 14035.9 of the Government Code and
Section 99317.9 of the Public Utilities Code.
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PRISON VISITATION
6400. Any amendments to existing regulations and any future
regulations adopted by the Department of Corrections which may impact
the visitation of inmates shall do all of the following:
(a) Recognize and consider the value of visiting as a means to
improve the safety of prisons for both staff and inmates.
(b) Recognize and consider the important role of inmate visitation
in establishing and maintaining a meaningful connection with family
and community.
(c) Recognize and consider the important role of inmate visitation
in preparing an inmate for successful release and rehabilitation.

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MASTER PLAN CONSTRUCTION


7000. (a) The Department of Corrections and Rehabilitation shall
prepare plans for, and construct facilities and renovations included
within, its master plan for which funds have been appropriated by the
Legislature.
(b) "Master plan" means the department's "Facility Requirements
Plan," dated April 7, 1980, and any subsequent revisions.



7001. Any power, function, or jurisdiction for planning or
construction of facilities or renovations pursuant to the master plan
which is conferred by statute upon the Department of General
Services shall be deemed to be conferred upon the department.




7002. The department may transfer the responsibility for
undertaking any aspect of the master plan to the Department of
General Services or the Office of the State Architect which, upon
such transfer, shall perform those functions with all deliberate
speed.



7003. For each facility or project included within its master plan,
at least 30 days prior to submission of preliminary plans to the
State Public Works Board, the department shall submit to the Joint
Legislative Budget Committee all of the following:
(a) A preliminary plan submittal package, as defined by the State
Administrative Manual.
(b) An estimate of the annual operating costs of the facility.
(c) A staffing plan for the operation of the facility.
(d) A plan for providing medical, mental health, and dental care
to inmates.
(e) A plan for inmate programming at the facility, including
education, work, and substance abuse programming.
If the committee fails to take any action with respect to the
submitted plans within 45 days after submittal, this inaction shall
be deemed to be approval for purposes of this section.



7003.5. (a) The department shall provide the Joint Legislative
Budget Committee with quarterly reports on the progress of funded
projects consistent with the requirements outlined in the State
Administrative Manual. This report shall include new prisons,
projects to construct inmate housing and other buildings at, or
within, existing prison facilities, prison medical, mental health,
and dental facilities, reentry facilities, and infrastructure
projects at existing prison facilities.
(b) On January 10 of each year, the department shall provide a
report to the Joint Legislative Budget Committee that includes the
status of each project that is part of the master plan, including
projects planned, projects in preliminary planning, working, drawing
and construction phases, and projects that have been completed. The
report shall include new prisons; projects to construct inmate
housing and other buildings at or within existing prison facilities;
prison medical, mental health, and dental facilities; reentry
facilities; and infrastructure projects at existing prison
facilities.
(c) This section applies to regular prison facilities; projects to
expand existing prison facilities; prison medical, mental health,
and dental facilities; reentry facilities; and infrastructure
projects at existing prison facilities, whether or not built or
operated exclusively by the department.
(d) The report required in subdivision (b) shall include the
following information for adult and juvenile facilities:
(1) The department's plans to remove temporary beds in dayrooms,
gyms, and other areas, as well as plans to permanently close or
change the mission of the facilities.
(2) The department's plans to construct new facilities, including
reentry facilities.
(3) The department's plans to renovate existing facilities and
renovate, improve, or expand infrastructure capacity at existing
prison facilities.
(4) The scope of each project identified in the master plan.
(5) The budget for each project identified in the master plan.
(6) The schedule for each project identified in the master plan.
(7) A master schedule for the overall plan to deliver the
department's capital outlay program including planned versus actual
progress to date.
(8) Staffing plans for each project identified in the master plan,
including program, custody, facilities management, administration,
and health care.
(9) Total estimated cost of all projects in the master plan by
funding source, including planned versus actual expenditures to date.

(10) Projected versus actual population plotted against projected
versus actual housing capacity in aggregate and by security level.



7004. The plans required pursuant to Section 7000 shall contain the
department's plan for soliciting and receiving local public comment
regarding the placement of a correctional facility in any particular
community. The plan shall include provision for notice to a
community, including the city, county, or city and county, under
consideration for construction of a facility within 30 days after the
department has identified a possible site for the proposed facility,
public hearings on the proposed facility, and dissemination of the
response of the department to comments of the community on the
proposed facility.
The plan developed by the department concerning public comment on
placement of correctional facilities shall be submitted to the
Legislature and the Governor within 60 days of the effective date of
this section. The plan shall be implemented as of the date of
submission to the Governor and Legislature with respect to all
prospective placements of correctional facilities. The Legislature
and the Governor shall also be sent any subsequent changes or
revisions of the plan by the department.




7004.5. The Department of Corrections and Rehabilitation shall meet
with representatives of cities or, if the prison is located in an
unincorporated location, counties, whenever the Legislature
authorizes the planning, design, or construction of new permanent
housing units. The meeting shall take place prior to the completion
of the review required by Division 13 (commencing with Section 21000)
of the Public Resources Code. The department shall describe the
scope of the project and the project schedule, and shall consider
comments from the city or county representatives regarding the
project's impact.


7005. Notwithstanding any other provision of law, mitigation
funding shall be distributed to any local education agency, or any
city, county, or city and county as a result of the construction of
new permanent prison housing facilities, the activation of temporary
beds as part of the Emergency Bed Program authorized by the Budget
Acts of 1995 and 1996, and any future emergency bed expansions by the
Department of Corrections if funds for that purpose are appropriated
to the department in the annual Budget Act or any other act approved
by the Legislature.



7005.5. (a) Any funds appropriated for mitigation costs pursuant to
Section 7005 shall be divided as follows: one-half for allocation
among any impacted local education agency, and one-half for
allocation among any impacted city, county, or city and county.
(b) Any funds appropriated for mitigation of costs of a city,
county, or city and county shall be divided among any city, county,
or city and county impacted by the prison construction or expansion.

(c) Funds to be allocated among any impacted city, county, or city
and county shall be paid directly to each impacted entity by the
Department of Corrections upon receipt of resolutions adopted by the
governing body of each impacted city, county, or city and county
indicating agreement by an entity regarding the specific allocations
to that entity. Only a local impacted entity whose current approved
sphere of influence includes the site of increased inmate housing
capacity shall be deemed to be a jurisdiction eligible for mitigation
pursuant to Section 7005.
(d) Funds to be allocated among any impacted local education
agency shall be disbursed to the county superintendent of schools for
allocation among any impacted local education agency.



7006. (a) The Department of the Youth Authority is authorized to
transfer to the Department of Corrections title to any property of
the Preston School of Industry at Ione not currently being used by
the Department of the Youth Authority.
(b) The Department of the Youth Authority is authorized to
transfer to the Department of Corrections title to any property of
the Northern California Youth Center near Stockton not currently
being used by the Department of the Youth Authority.




7008. (a) Division 13 (commencing with Section 21000) of the Public
Resources Code shall not apply to the addition of 150 Level I and
Level II beds authorized by Section 5 of this act at San Gabriel
Canyon, provided that the department has made the following finding
with respect to that facility:
(1) The increase in bed capacity, if any, shall not exceed, 5
percent of the total capacity of the facility prior to the increase.

(2) Any modifications made to existing structures are internal
only. No external additions to existing structures or construction
of new structures shall be done. Modular structures used
exclusively for prisoner program activity shall be exempt from this
requirement.
(3) Any modifications to a facility shall not result in a
significant depletion in water, sewage, or other environmental
resources. The department shall present substantial evidence that
this requirement has been met in the findings described in
subdivision (b).
(b) The department shall make findings that the requirements of
subdivision (a) have been met, and shall make the findings available
to the public.



7010. (a) The Director of Corrections may solicit bids for any
lease or lease-purchase for the establishment of a prison facility
for a site in Los Angeles County.
(b) The director may not accept any lease or lease-purchase bid or
execute any lease or lease-purchase agreement unless and until the
bid or agreement is submitted for review and approval under the
procedure described in Section 7003.
(c) Any lease or lease-purchase agreement executed pursuant to
this section shall contain, as a condition of the agreement,
stipulations requiring compliance with the provisions of Chapter 1
(commencing with Section 1720) of Part 7 of the Labor Code in the
construction of any facility within the scope of the agreement.




7011. (a) The Department of Corrections shall submit to the Joint
Legislative Prison Committee, the Kings County Board of Supervisors,
the Corcoran City Council, and the State Public Works Board, at least
30 days prior to the acquisition of real property for a prison
facility to be located in the vicinity of Corcoran in Kings County,
an environmental assessment study, which shall include a discussion
of impacts and mitigation measures, if necessary, for the following
areas:
(1) Geology.
(2) Hydrology--groundwater.
(3) Water quality--surface waters.
(4) Plant and animal life--endangered and rare species.
(5) Air quality.
(6) Noise.
(7) Light and glare.
(8) Transportation and circulation.
(9) Utilities--gas, electricity, telephone, solid waste, sewage
disposal, and drinking water.
(10) Archaeology.
(11) Energy.
(b) The factors set forth in subdivision (a) shall be assessed
only as they relate to the direct impacts caused off the site as a
result of the construction, operation, and maintenance of the prison
facility upon completion and occupancy.
(c) Notwithstanding any other provisions of law, other than
Section 7003 and those provisions of the Government Code that require
the approval of the State Public Works Board, the Department of
Finance, or the Director of Finance for capital outlay projects, the
approval of the study by the State Public Works Board is the only
approval required for the acquisition of real property, planning,
design, and construction of the prison facility and the operation and
maintenance of the facility. The State Public Works Board shall not
act on the study until it receives a recommendation from the Joint
Legislative Prison Committee. Approval of the study by the State
Public Works Board shall be final and binding on all parties.
(d) If the committee does not, by a majority vote of the committee
membership, take any action on the study within 30 days after
submittal, that inaction shall be deemed to be a recommendation of
concurrence for the purposes of this section.
(e) Prior to providing a recommendation to the State Public Works
Board, but within the 30-day period specified in subdivision (d), the
committee shall hold a public hearing in Corcoran. Notice of the
hearing shall be published in a newspaper of general circulation in,
or adjacent to, Corcoran. The notice shall be at least one-quarter
page in size. The Corcoran City Council and the Kings County Board
of Supervisors shall be invited to participate in the hearing.




7012. (a) The Department of Corrections shall submit to the Joint
Legislative Prison Committee, the State Public Works Board, the
appropriate county board of supervisors, and the local city council
at least 30 days prior to the acquisition of real property for prison
facilities to be located in Riverside and Del Norte Counties, an
environmental assessment study, which shall include a discussion of
impacts and mitigation measures, if necessary, for the following
areas:
(1) Geology.
(2) Hydrology-groundwater.
(3) Water quality-surface waters.
(4) Plant and animal life-endangered and rare species.
(5) Air quality.
(6) Noise.
(7) Light and glare.
(8) Utilities-gas, electricity, telephone, solid waste, sewage
disposal, and drinking water.
(9) Archaeology.
(10) Energy.
(b) The factors set forth in subdivision (a) shall be assessed
only as they relate to the direct impacts caused off the site as a
result of the construction, operation, and maintenance of the prison
facility upon completion and occupancy.
(c) Notwithstanding any other provision of law, other than Section
7003, the approval of the study by the State Public Works Board is
the only approval required for compliance with any applicable
environmental requirements. The Public State Works Board shall not
act on the study until it receives a recommendation from the Joint
Legislative Prison Committee. Approval of the study by the State
Public Works Board shall be final and binding on all parties.
(d) If the committee does not, by a majority vote of the committee
membership, take any action on the study within 30 days after
submittal, that inaction shall be deemed to be a recommendation of
concurrence for the purposes of this section.
(e) Prior to providing a recommendation to the State Public Works
Board, but within the 30-day period specified in subdivision (d), the
committee shall hold a public hearing in the community in the
vicinity of the proposed site. Notice of the hearing shall be
published in a newspaper of general circulation in, or adjacent to,
that community. The notice shall be at least one-quarter page in
size. The city council and the county board of supervisors shall be
invited to participate in the hearing.



7013. The Department of Corrections shall contract, or make a
good-faith effort to contract, with the Department of Water Resources
or the Bureau of Reclamation, or both, to secure a water supply for
the prison at Avenal.


7015. (a) Except as provided in subdivision (b), the Department of
Corrections may contract with the City of Folsom for the
construction of a courthouse and related facilities, not to exceed
one million nine hundred thousand dollars ($1,900,000) in costs.
Under this contract, the Department of Corrections is authorized to
make payments to the City of Folsom in consideration for the
construction of the courthouse, provided that the sums paid to the
city are realized from savings to the department by the location of
the courthouse in the immediate proximity of Folsom Prison.
Under this contract, the Department of Corrections is authorized
to make annual payments to the City of Folsom in an amount not to
exceed the approximate savings realized in each fiscal year. These
funds shall come from the operating budget of the department.
In negotiating this contract, the Department of Corrections shall
note the extent to which the courthouse will serve the interests of
the County of Sacramento independent of matters pertaining to
individuals in state custody and shall seek appropriate participation
in the funding of the courthouse from the county.
(b) The Department of Corrections may not contract with the City
of Folsom for a court facility unless a majority of the members of
the Sacramento County Board of Supervisors, the presiding judge of
the Sacramento County Municipal Court, and the presiding judge of the
Sacramento County Superior Court all agree, in writing, to operate a
court facility in the City of Folsom as provided by subdivision (a).



7016. The Department of Corrections may contract with the County of
Kern for the construction and financing of a courthouse and related
facilities. Under this contract, the Department of Corrections is
authorized to make payments to the County of Kern in consideration
for the construction and financing of the courthouse and related
facilities, provided that the sums paid to the county are realized
from savings to the department by the location of the courthouse in
the proximity of the California Correctional Facility in Tehachapi.
In accordance with the contract, the Department of Corrections is
authorized to make annual payments to the County of Kern from the
approximate savings realized in each fiscal year. These funds shall
come from the operating budget of the department. In negotiating
this contract, the Department of Corrections shall note the extent to
which the courthouse will serve the interest of the County of Kern
independent of matters pertaining to individuals in state custody,
and seek appropriate county participation in funding.



7021. (a) The State Public Works Board may not release any funds
provided for projects in Section 15819.41 of the Government Code or
Section 6271.1, until a three-member panel, composed of the State
Auditor, the Inspector General, and an appointee of the Judicial
Council of California, verifies that the conditions outlined in
paragraphs (1) to (13), inclusive, have been met. The Legislative
Analyst shall provide information and input to the three-member panel
as it considers whether the conditions have been met.
(1) At least 4,000 beds authorized in subdivision (a) of Section
15819.40 of the Government Code are under construction.
(2) The first 4,000 beds authorized in subdivision (a) of Section
15819.40 of the Government Code include space and will provide
opportunities for rehabilitation services for inmates.
(3) At least 2,000 of the beds authorized in subdivision (a) of
Section 6271 are under construction or sited.
(4) At least 2,000 substance abuse treatment slots established in
Section 2694 have been established, with aftercare in the community.

(5) Prison institutional drug treatment slots have averaged at
least 75 percent participation over the previous six months.
(6) The Department of Corrections and Rehabilitation has
implemented an inmate assessment at reception centers, pursuant to
Section 3020, and has used the assessment to assign inmates to
rehabilitation programs for at least six consecutive months.
(7) The Department of Corrections and Rehabilitation has completed
the Inmate Treatment and Prison-to-Employment Plan, pursuant to
Section 3105.
(8) At least 300 parolees are being served in day treatment or
crisis care services, pursuant to Section 3073.
(9) The California Rehabilitation Oversight Board (C-ROB), created
pursuant to Section 6140, has been in operation for at least one
year, and is regularly reviewing the Department of Corrections and
Rehabilitation's programs. This condition may be waived if the
appointments to the C-ROB have not been made by the Legislature.
(10) The Department of Corrections and Rehabilitation has
implemented a plan to address management deficiencies, pursuant to
Section 2061, and at least 75 percent of management positions have
been filled for at least six months.
(11) The Department of Corrections and Rehabilitation has
increased full-time participation in inmate academic and vocation
education programs by 10 percent from the levels of participation on
April 1, 2007.
(12) The Department of Corrections and Rehabilitation has
developed and implemented a plan to obtain additional rehabilitation
services, pursuant to Section 2062, and the vacancy rate for
positions dedicated to rehabilitation and treatment services in
prisons and parole offices is no greater than the statewide average
vacancy rate for all state positions.
(13) The Department of Corrections and Rehabilitation has reviewed
existing parole procedures.
(b) The provisions of Section 15819.41 of the Government Code and
Section 6271.1 shall not authorize construction of facilities until
the three-member panel specified in subdivision (a) has certified
that the requirements of that subdivision has not been meet. Those
sections shall become inoperative on January 1, 2014. Any projects
already underway may continue, and funding for those projects shall
remain.
(c) The requirements set forth in Section 7021 are contingent upon
the Legislature making funds available for the rehabilitation
programs set forth in the Public Safety and Offender Rehabilitation
Services Act of 2007.



7050. (a) (1) Section 28 of Chapter 7 of the Statutes of 2007
contains an appropriation of three hundred million dollars
($300,000,000) for capital outlay to be allocated to renovate,
improve, or expand infrastructure capacity at existing prison
facilities. The funds appropriated by that section may be used for
land acquisition, environmental services, architectural programming,
engineering assessments, schematic design, preliminary plans, working
drawings, and construction.
(2) These funds may also be used to address deficiencies related
to utility systems owned by local government entities and serving
state prison facilities subject to the provisions of Section 54999 of
the Government Code. The department shall report on any funds to be
expended for this purpose to the Joint Legislative Budget Committee.
If the committee fails to take any action with respect to each
notification within 20 days after submittal, this inaction shall be
deemed to be approval for purposes of this section.
(3) This subsection authorizes the scope and cost of a single
capital outlay project for purposes of calculating augmentations
pursuant to Section 13332.11.
(b) The scope and costs of the projects described in subdivision
(a) of this section shall be subject to approval and administrative
oversight by the State Public Works Board, including augmentations,
pursuant to Section 13332.11 of the Government Code. The availability
of an augmentation for each individual project allocation shall be
based on the total applicable capital outlay appropriation contained
in Section 28 of Chapter 7 of the Statutes of 2007 and is not limited
to 20 percent of the individual project allocation. These
requirements shall be applied separately to each institution. All of
the necessary infrastructure improvements at each institution may be
treated as one project such that there would be one infrastructure
improvement project at each institution. The scope and cost of each
infrastructure improvement project shall be established by the board
individually. The amount of the total appropriation in Section 28 of
Chapter 7 of the Statutes of 2007 that is necessary for each
infrastructure improvement project shall be allocated by institution.
The appropriation may be allocated based on current estimates. These
initial allocations may be adjusted commensurate to changes that
occur during the progression of the projects. As allocations are made
or adjusted, the anticipated deficit or savings shall be
continuously tracked and reported. Once the total appropriation has
been allocated, any augmentation necessary to fund an anticipated
deficit shall be based on the total appropriation and allocated to
each project as necessary. The Joint Legislative Budget Committee
shall be notified 30 days prior to the establishment of scope,
schedule, and cost for each project by the board. The Department of
Corrections and Rehabilitation shall notify the Joint Legislative
Budget Committee 45 days prior to the submission of preliminary plans
to the board for each project. If, after providing these
notifications to the Joint Legislative Budget Committee, the
committee fails to take any action with respect to the notifications
within the specified time periods, this inaction will be deemed to be
approval for purposes of this section. The Department of Corrections
and Rehabilitation shall report on the allocations from the
appropriation in Section 28 of Chapter 7 of the Statutes of 2007 and
the anticipated deficit or savings to the Joint Legislative Budget
Committee quarterly.
(c) The scope and costs of the projects described in subdivision
(a) shall be part of the Department of Corrections and Rehabilitation'
s Master Plan, as defined in Section 7000.
(d) The reporting requirements set forth in Sections 7000 and
7003.5 shall apply separately to each project constructed or
renovated pursuant to this section. For all purposes other than
calculating augmentations pursuant to Section 13332.11 each
improvement authorized under subdivision (a) is considered a separate
project.

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