"u.s.a"california penal code

[هيثم الفقى]

[align=left]
COUNTY JAIL CAPITAL EXPENDITURE BOND ACT OF 1984
FINDINGS AND DECLARATIONS


4450. This title shall be known and may be cited as the County Jail
Capital Expenditure Bond Act of 1984.



4451. It is found and declared that:
(a) While the County Jail Capital Expenditure Bond Act of 1981 has
helped eliminate many of the critically overcrowded conditions found
in the 164 county jail facilities in the state, many problems
remain.
(b) Numerous county jails throughout California are dilapidated
and overcrowded.
(c) Capital improvements are necessary to protect life and safety
of the persons confined or employed in jail facilities and to upgrade
the health and sanitary conditions of those facilities.
(d) County jails are threatened with closure or the imposition of
court supervision if health and safety deficiencies are not corrected
immediately.
(e) Due to fiscal constraints associated with the loss of local
property tax revenues, counties are unable to finance the
construction of adequate jail facilities.
(f) Imposition of limits on taxing powers of local agencies,
imposed by Proposition 13 and other measures, has severely limited
the ability of local jurisdictions to raise funds for jail
construction or renovation, though the need for such facilities is
increasing.
[/align]

[هيثم الفقى]

[align=left]
FISCAL PROVISIONS
4460. The State General Obligation Bond Law is adopted for the
purpose of the issuance, sale, and repayment of, and otherwise
providing with respect to, the bonds authorized to be issued
pursuant to this title, and the provisions of that law are included
in this title as though set out in full in this chapter except that,
notwithstanding anything in the State General Obligation Bond Law,
the maximum maturity of the bonds shall not exceed 20 years from the
date of each respective series. The maturity of each respective
series shall be calculated from the date of these series.



4461. As used in this title, and for the purpose of this title, the
following words shall have the following meanings:
(a) "Committee" means the County Jail Capital Expenditure Finance
Committee created by Section 4463.
(b) "Fund" means the County Jail Expenditure Fund.



4462. There is in the State Treasury the County Jail Capital
Expenditure Fund, which fund is hereby created.



4463. For the purpose of authorizing the issuance and sale,
pursuant to the State General Obligation Bond Law, of the bonds
authorized by this title, the County Jail Capital Expenditure Finance
Committee is hereby created. The committee consists of the Governor
or his or her designated representative, the Controller, the
Treasurer, and the Director of Finance. The County Jail Capital
Expenditure Committee shall be the "committee" as that term is used
in the State General Obligation Bond Law, and the Treasurer shall
serve as chairman of the committee. The Board of Corrections is
hereby designated as "the board" for purposes of this title and for
the purposes of the State General Obligation Bond Law.



4464. The committee is hereby authorized and empowered to create a
debt or debts, liability or liabilities, of the State of California,
in the aggregate amount of two hundred fifty million dollars
($250,000,000), in the manner provided in this title. Such debt or
debts, liability or liabilities, shall be created for the purpose of
providing the funds to be used for the object and work specified in
Section 4465 and for administrative costs incurred in connection
therewith.


4465. Moneys in the fund shall be available for the construction,
reconstruction, remodeling, and replacement of county jail
facilities, and the performance of deferred maintenance on county
jail facilities pursuant to criteria adopted by the Legislature.




4465.3. Money in the fund shall be allocated in accordance with the
provisions of Chapter 444 of the Statutes of 1984.



4465.5. During the design and planning stage for county jail
facilities whose construction, reconstruction, or remodeling is
financed by the fund, consideration shall be given to proper design
to allow for areas where persons arrested for misdemeanors who are
attempting to obtain release on bail can be safely accommodated
without the necessity of unclothed body searches.



4466. (a) When sold, the bonds authorized by this title shall
constitute valid and legally binding general obligations of the State
of California, and the full faith and credit of the State of
California is hereby pledged for the punctual payment of both
principal and interest thereon.
(b) There shall be collected annually in the same manner and at
the same time as other state revenue is collected such a sum, in
addition to the ordinary revenues of the state, as shall be required
to pay the interest and principal on the bonds maturing each year,
and it is hereby made the duty of all officers charged by law with
any duty in regard to the collection of the revenue to do and perform
each and every act which shall be necessary to collect that
additional sum.
(c) All money deposited in the fund which has been derived from
premium and accrued interest on bonds sold shall be available for
transfer to the General Fund as a credit to expenditures for bond
interest.



4467. All money deposited in the fund pursuant to any provision of
law requiring repayments to the state for assistance financed by the
proceeds of the bonds authorized by this title shall be available for
transfer to the General Fund. When transferred to the General Fund,
this money shall be applied as a reimbursement to the General Fund
on account of principal and interest on the bonds which have been
paid from the General Fund.



4468. There is hereby appropriated from the General Fund in the
State Treasury for the purpose of this title, such an amount as will
equal the following:
(a) That sum annually as will be necessary to pay the principal of
and the interest on the bonds issued and sold pursuant to the
provisions of this title, as principal and interest become due and
payable.
(b) That sum as is necessary to carry out the provisions of
Section 4469, which sum is appropriated without regard to fiscal
years.



4469. For the purpose of carrying out the provisions of this title,
the Director of Finance may by executive order authorize the
withdrawal from the General Fund of an amount or amounts not to
exceed the amount of the unsold bonds which the committee has by
resolution authorized to be sold for the purpose of carrying out this
title. Any amounts withdrawn shall be deposited in the fund and
shall be disbursed by the board in accordance with this title. Any
money made available under this section to the board shall be
returned by the board to the General Fund from moneys received from
the sale of bonds sold for the purpose of carrying out this title.
These withdrawals from the General Fund shall be returned to the
General Fund with interest at the rate which would have otherwise
been earned by these sums in the Pooled Money Investment Fund.



4470. The committee may authorize the Treasurer to sell all or any
part of the bonds herein authorized at such time or times as may be
fixed by the Treasurer.



4471. All proceeds from the sale of bonds, except those derived
from premiums and accrued interest, shall be available for the
purpose provided in Section 4465 but shall not be available for
transfer to the General Fund to pay principal and interest on bonds.
The money in the fund may be expended only as herein provided.
[/align]

[هيثم الفقى]

[align=left]
COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE
BOND ACT OF 1986
FINDINGS AND DECLARATIONS


4475. This title shall be known and may be cited as the County
Correctional Facility Capital Expenditure Bond Act of 1986.



4476. It is found and declared that:
(a) While the County Jail Capital Expenditure Bond Act of 1981 and
the County Jail Capital Expenditure Bond Act of 1984 have helped
eliminate many of the critically overcrowded conditions found in the
164 county jail facilities in the state, many problems remain.
(b) Numerous county jails and juvenile facilities throughout
California are dilapidated and overcrowded.
(c) Capital improvements are necessary to protect life and safety
of the persons confined or employed in jail facilities and to upgrade
the health and sanitary conditions of those facilities.
(d) County jails are threatened with closure or the imposition of
court supervision if health and safety deficiencies are not corrected
immediately.
(e) Due to fiscal constraints associated with the loss of local
property tax revenues, counties are unable to finance the
construction of adequate jail and juvenile facilities.
(f) Local facilities for adults and juveniles are operating over
capacity and the population of these facilities is still increasing.
It is essential to the public safety that construction of new
facilities proceed as expeditiously as possible to relieve
overcrowding and to maintain public safety and security.

[/align]

[هيثم الفقى]

[align=left]
FISCAL PROVISIONS


4480. The State General Obligation Bond Law is adopted for the
purpose of the issuance, sale, and repayment of, and otherwise
providing with respect to, the bonds authorized to be issued pursuant
to this title, and the provisions of that law are included in this
title as though set out in full in this chapter except that,
notwithstanding anything in the State General Obligation Bond Law,
the maximum maturity of the bonds shall not exceed 20 years from the
date of each respective series. The maturity of each respective
series shall be calculated from the date of these series.



4481. As used in this title, and for the purpose of this title, the
following words shall have the following meanings:
(a) "Committee" means the 1986 County Correctional Facility
Capital Expenditure Finance Committee created by Section 4483.
(b) "Fund" means the 1986 County Correctional Facility Expenditure
Fund.
(c) "County juvenile facilities" means county juvenile halls,
juvenile homes, ranches, or camps, and other juvenile detention
facilities.


4482. There is in the State Treasury the 1986 County Correctional
Facility Capital Expenditure Fund, which fund is hereby created.



4483. For the purpose of authorizing the issuance and sale,
pursuant to the State General Obligation Bond Law, of the bonds
authorized by this title, the 1986 County Correctional Facility
Capital Expenditure Finance Committee is hereby created. The
committee consists of the Governor or his or her designated
representative, the Controller, the Treasurer, and the Director of
Finance. The County Correctional Facility Capital Expenditure
Committee shall be the "committee" as that term is used in the State
General Obligation Bond Law, and the Treasurer shall serve as
chairman of the Committee. The Board of Corrections is hereby
designated as "the board" for purposes of this title and for the
purposes of the State General Obligation Bond Law.



4484. The committee is hereby authorized and empowered to create a
debt or debts, liability or liabilities, of the State of California,
in the aggregate amount of four hundred ninety-five million dollars
($495,000,000), in the manner provided in this title. That debt or
debts, liability or liabilities, shall be created for the purpose of
providing the funds to be used for the object and work specified in
Section 4485 and for administrative costs incurred in connection
therewith.



4485. Moneys in the fund may be available for the construction,
reconstruction, remodeling, and replacement of county jail
facilities, including, but not limited to, separate facilities for
care of mentally ill inmates and persons arrested because of
intoxication, and the performance of deferred maintenance on county
jail facilities except that up to twenty million dollars
($20,000,000) of the money in the fund shall be available for the
construction, reconstruction, remodeling, and replacement of county
juvenile facilities, and the performance of deferred maintenance on
county juvenile facilities. However, deferred maintenance for jails
and juvenile facilities shall only include items with a useful life
of at least 10 years.
Expenditure shall be made only if county matching funds of 25
percent are provided as determined by the Legislature, except that
this requirement may be modified or waived by the Legislature where
it determines that it is necessary to facilitate the expeditious and
equitable construction of state and local correctional facilities.



4485.5. During the design and planning stage for county jail
facilities whose construction, reconstruction, or remodeling is
financed by the fund, consideration shall be given to proper design
to allow for areas where persons arrested for misdemeanors who are
attempting to obtain release on bail can be safely accommodated
without the necessity of unclothed body searches.



4485.6. In order to be eligible to receive funds derived from the
issuance of General Obligation Bonds under this title, a county shall
do all of the following:
(a) Adopt a plan to prohibit the detention of all juveniles in
county jails unless otherwise authorized by law.
(b) Demonstrate that it has adequate facilities for mentally ill
inmates or detainees and for those persons arrested because of
inebriation, or demonstrate that it has a plan for the provision of
services to these persons.
(c) Demonstrate that it has utilized, to the greatest practicable
extent, alternatives to jail incarceration such as sheriff's work
release under Section 4024. 2, own recognizance release, and weekend
work programs.



4485.7. Moneys in the fund may be available for construction of
joint-use correctional facilities housing county and state or federal
prisoners or any combination thereof in proportion to the county's
benefit.


4486. (a) When sold, the bonds authorized by this title shall
constitute valid and legally binding general obligations of the State
of California, and the full faith and credit of the State of
California is hereby pledged for the punctual payment of both
principal and interest thereon.
(b) There shall be collected annually in the same manner and at
the same time as other state revenue is collected such a sum, in
addition to the ordinary revenues of the state, as shall be required
to pay the interest and principal on the bonds maturing each year,
and it is hereby made the duty of all officers charged by law with
any duty in regard to the collection of the revenue to do and perform
each and every act which shall be necessary to collect that
additional sum.
(c) All money deposited in the fund which has been derived from
premium and accrued interest on bonds sold shall be available for
transfer to the General Fund as a credit to expenditures for bond
interest.



4487. All money deposited in the fund pursuant to any provision of
law requiring repayments to the state for assistance financed by the
proceeds of the bonds authorized by this title shall be available
for transfer to the General Fund. When transferred to the General
Fund, this money shall be applied as a reimbursement to the General
Fund on account of principal and interest on the bonds which have
been paid from the General Fund.



4488. There is hereby appropriated from the General Fund in the
State Treasury for the purpose of this title such an amount as will
equal the following:
(a) That sum annually as will be necessary to pay the principal of
and the interest on the bonds issued and sold pursuant to the
provisions of this title, as principal and interest become due and
payable.
(b) That sum as is necessary to carry out the provisions of
Section 4489, which sum is appropriated without regard to fiscal
years.



4489. For the purpose of carrying out the provisions of this title,
the Director of Finance may by executive order authorize the
withdrawal from the General Fund of an amount or amounts not to
exceed the amount of the unsold bonds which the committee has by
resolution authorized to be sold for the purpose of carrying out this
title. Any amounts withdrawn shall be deposited in the fund and
shall be disbursed by the board in accordance with this title. Any
money made available under this section to the board shall be
returned by the board to the General Fund from moneys received from
the sale of bonds sold for the purpose of carrying out this title.
These withdrawals from the General Fund shall be returned to the
General Fund with interest at the rate which would have otherwise
been earned by these sums in the Pooled Money Investment Fund.



4489.5. Notwithstanding any other provision of this bond act, or of
the State General Obligation Bond Law (Chapter 4 (commencing with
Section 16720) of Part 3 of Division 4 of Title 2 of the Government
Code), if the Treasurer sells bonds pursuant to this bond act that
include a bond counsel opinion to the effect that the interest on the
bonds is excluded from gross income for federal tax purposes under
designated conditions, the Treasurer may maintain separate accounts
for the bond proceeds invested and the investment earnings on those
proceeds, and may use or direct the use of those proceeds or earnings
to pay any rebate, penalty, or other payment required under federal
law, or take any other action with respect to the investment and use
of those bond proceeds, as may be required or desirable under federal
law in order to maintain the tax-exempt status of those bonds and to
obtain any other advantage under federal law on behalf of the funds
of this state.



4490. The committee may authorize the Treasurer to sell all or any
part of the bonds herein authorized at such time or times as may be
fixed by the Treasurer.



4491. All proceeds from the sale of bonds, except those derived
from premiums and accrued interest, shall be available for the
purpose provided in Section 4485 but shall not be available for
transfer to the General Fund to pay principal and interest on bonds.
The money in the fund may be expended only as herein provided.




4492. Notwithstanding Section 16305.7 of the Government Code, all
interest or other increment resulting from the investment of moneys
deposited in the fund shall be credited to the fund.



4493. Money in the fund may only be expended for projects specified
in this title as allocated in appropriations made by the
Legislature.


4494. (a) It is the intent of the people in enacting this bond act
that jail authorization and construction proceed as quickly as
possible. Due to the severe shortage of jail facilities and the need
to begin construction of jail facilities as soon as possible, all
decisions of the board regarding construction, reconstruction,
remodeling, or replacement of jail facilities financed by this title
shall be final.
(b) No court shall have jurisdiction over these decisions of the
board absent a showing, beyond a reasonable doubt, of a gross abuse
of discretion by the board.
(c) Should an action be commenced alleging gross abuse of
discretion by the board, no court shall have jurisdiction to delay,
prohibit, or interfere with the construction, reconstruction,
remodeling, or replacement of the subject jail facilities. The sole
remedy available to the court is a mandate that steps be taken to
mitigate the abuse of discretion.
(d) Nothing in this title is intended in any way to delay,
prohibit, or interfere with the construction of jail facilities.



4495. If any provision of this title, or the application thereof,
is held to be invalid, that invalidity shall not affect the other
provisions or applications of the title which can be given effect
without the invalid provision or application, and to this end the
provisions of this title are severable.

[/align]

[هيثم الفقى]

[align=left]
COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE
AND YOUTH FACILITY BOND ACT OF 1988
GENERAL PROVISIONS

4496.04. As used in this title, the following terms have the
following meanings:
(a) "Committee" means the 1988 County Correctional Facility
Capital Expenditure and Youth Facility Finance Committee created
pursuant to Section 4496.34.
(b) "Fund" means the 1988 County Correctional Facility Capital
Expenditure and Youth Facility Bond Fund created pursuant to Section
4496.10.
(c) "County correctional facilities" means county jail facilities,
including separate facilities for the care of mentally ill inmates
and persons arrested because of intoxication, but does not include
county juvenile facilities.
(d) "County juvenile facilities" means county juvenile halls,
juvenile homes, ranches, or camps, and other juvenile detention
facilities.
(e) "Youth center" means a facility where children, ages 6 to 17,
inclusive, come together for programs and activities, including, but
not limited to, recreation, health and fitness, delinquency
prevention such as antigang programs and programs fostering
resistance to peer group pressures, counseling for problems such as
drug and alcohol abuse and suicide, citizenship and leadership
development, and youth employment.
(f) "Youth shelter" means a facility that provides a variety of
services to homeless minors living on the street or abused and
neglected children to assist them with their immediate survival needs
and to help reunite them with their parents or, as a last
alternative, to find a suitable home.

[/align]

[هيثم الفقى]

[align=left]
PROGRAM

4496.10. The proceeds of bonds issued and sold pursuant to this
chapter shall be deposited in the 1988 County Correctional Facility
Capital Expenditure and Youth Facility Bond Fund, which is hereby
created.


4496.12. (a) (1) Moneys in the fund, up to a limit of four hundred
ten million dollars ($410,000,000), may be available for the
construction, reconstruction, remodeling, and replacement of county
correctional facilities, and the performance of deferred maintenance
on county correctional facilities. However, deferred maintenance for
facilities shall only include items with a useful life of at least 10
years.
(2) Moneys in the fund, up to a limit of sixty-five million
dollars ($65,000,000), may be available for the construction,
reconstruction, remodeling, and replacement of county juvenile
facilities, and the performance of deferred maintenance on county
juvenile facilities, but may only be used for the purpose of reducing
overcrowding and eliminating health, fire, and life safety hazards.

(3) Expenditure shall be made only if county matching funds of 25
percent are provided as determined by the Legislature, except that
this requirement may be modified or waived by the Legislature where
it determines that it is necessary to facilitate the expeditious and
equitable construction of state and local correctional facilities.
(b) Moneys in the fund, up to a limit of twenty-five million
dollars ($25,000,000), may be available for the purpose of making
awards to public or private nonprofit agencies or joint ventures, or
a combination of those entities, for purpose of purchasing equipment
and for acquiring, renovating, or constructing youth centers or youth
shelters, as may be provided by statute. Fifteen million dollars
($15,000,000) shall be available for youth centers and ten million
dollars ($10,000,000) shall be available for youth shelters and shall
be distributed by the Department of the Youth Authority. However,
any remaining money that has not been awarded under this subdivision
within two years of the effective date of this title shall be
available for both youth centers and youth shelters.



4496.16. In order to be eligible to receive funds for the purposes
specified in subdivision (a) of Section 4496.12 derived from the
issuance of bonds under this title, a county shall do all of the
following:
(a) Adopt a plan to prohibit the detention of all juveniles in
county jails unless otherwise authorized by law.
(b) Demonstrate that it has adequate facilities for mentally ill
inmates or detainees and for those persons arrested because of
inebriation, or demonstrate that it has a plan for the provision of
services to these persons.
(c) Demonstrate that it has utilized, to the greatest practicable
extent, alternatives to jail incarceration.



4496.17. The Department of the Youth Authority shall administer
funds appropriated for juvenile facilities as specified in paragraph
(2) of subdivision (a) of Section 4496.12.



4496.19. Money in the fund may only be expended for projects
specified in this chapter as allocated in appropriations made by the
Legislature.

[/align]

[هيثم الفقى]

[align=left]
FISCAL PROVISIONS



4496.30. Bonds in the total amount of five hundred million dollars
($500,000,000), exclusive of refunding bonds, or so much thereof as
is necessary, may be issued and sold to provide a fund to be used for
carrying out the purposes expressed in this title and to be used to
reimburse the General Obligation Bond Expense Revolving Fund pursuant
to Section 16724.5 of the Government Code. The bonds shall, when
sold, be and constitute a valid and binding obligation of the State
of California, and the full faith and credit of the State of
California is hereby pledged for the punctual payment of both
principal of, and interest on, the bonds as the principal and
interest become due and payable.



4496.32. The bonds authorized by this title shall be prepared,
executed, issued, sold, paid, and redeemed as provided in the State
General Obligation Bond Law (Chapter 4 (commencing with Section
16720) of Part 3 of Division 4 of Title 2 of the Government Code),
and all of the provisions of that law apply to the bonds and to this
chapter and are hereby incorporated in this chapter as though set
forth in full in this title.



4496.34. (a) Solely for the purpose of authorizing the issuance and
sale, pursuant to the State General Obligation Bond Law, of the
bonds authorized by this title, the 1988 County Correctional Facility
Capital Expenditure and Youth Facility Finance Committee is hereby
created. For purposes of this title, the finance committee is "the
committee" as that term is used in the State General Obligation Bond
Law. The committee consists of the Governor, the Controller, the
Treasurer, the Director of Finance, or their designated
representatives. A majority of the committee may act for the
committee.
(b) For purposes of the State General Obligation Bond Law, the
Board of Corrections is designated the "board."



4496.36. The committee shall determine whether or not it is
necessary or desirable to issue bonds authorized pursuant to this
chapter in order to carry out the actions specified in Section
4496.12 and, if so, the amount of bonds to be issued and sold.
Successive issues of bonds may be authorized and sold to carry out
those actions progressively, and it is not necessary that all of the
bonds authorized to be issued be sold at any one time.



4496.38. There shall be collected each year and in the same manner
and at the same time as other state revenue is collected, in addition
to the ordinary revenues of the state, a sum in an amount required
to pay the principal of, and interest on, the bonds each year, and it
is the duty of all officers charged by law with any duty in regard
to the collection of the revenue to do and perform each and every act
which is necessary to collect that additional sum.



4496.40. Notwithstanding Section 13340 of the Government Code,
there is hereby appropriated from the General Fund in the State
Treasury, for the purposes of this chapter, an amount that will
equal the total of the following:
(a) The sum annually necessary to pay the principal of, and
interest on, bonds issued and sold pursuant to this chapter, as the
principal and interest become due and payable.
(b) The sum which is necessary to carry out the provisions of
Section 4496.42, appropriated without regard to fiscal years.



4496.42. For the purposes of carrying out this title, the Director
of Finance may authorize the withdrawal from the General Fund of an
amount or amounts not to exceed the amount of the unsold bonds which
have been authorized by the committee to be sold for the purpose of
carrying out this chapter. Any amounts withdrawn shall be deposited
in the fund. Any money made available under this section, plus any
interest that the amounts would have earned in the Pooled Money
Investment Account, shall be returned to the General Fund from money
received from the sale of bonds for the purpose of carrying out this
title.


4496.43. Notwithstanding any other provision of this bond act, or
of the State General Obligation Bond Law (Chapter 4 (commencing with
Section 16720) of Part 3 of Division 4 of Title 2 of the Government
Code), if the Treasurer sells bonds pursuant to this bond act that
include a bond counsel opinion to the effect that the interest on the
bonds is excluded from gross income for federal tax purposes under
designated conditions, the Treasurer may maintain separate accounts
for the bond proceeds invested and the investment earnings on those
proceeds, and may use or direct the use of those proceeds or earnings
to pay any rebate, penalty, or other payment required under federal
law, or take any other action with respect to the investment and use
of those bond proceeds, as may be required or desirable under federal
law in order to maintain the tax-exempt status of those bonds and to
obtain any other advantage under federal law on behalf of the funds
of this state.



4496.44. All money deposited in the fund which is derived from
premium and accrued interest on bonds sold shall be reserved in the
fund and shall be available for transfer to the General Fund as a
credit to expenditures for bond interest.




4496.46. The bonds may be refunded in accordance with Article 6
(commencing with Section 16780) of Chapter 4 of Part 3 of Division 4
of Title 2 of the Government Code.



4496.47. The board may request the Pooled Money Investment Board to
make a loan from the Pooled Money Investment Account, in accordance
with Section 16312 of the Government Code, for the purposes of
carrying out the provisions of this chapter. The amount of the
request shall not exceed the amount of the unsold bonds which the
committee has by resolution authorized to be sold for the purpose of
carrying out this chapter. The board shall execute such documents as
required by the Pooled Money Investment Board to obtain and repay
the loan. Any amounts loaned shall be deposited in the fund to be
allocated by the board in accordance with this chapter.



4496.48. The Legislature hereby finds and declares that, inasmuch
as the proceeds from the sale of bonds authorized by this title are
not "proceeds of taxes" as that term is used in Article XIIIB of the
California Constitution, the disbursement of these proceeds is not
subject to the limitations imposed by that article.
[/align]

[هيثم الفقى]

[align=left]
GENERAL
4497. (a) The Legislature finds and declares that approval by the
electors of the County Correctional Facilities Capital Expenditure
and Youth Facility Bond Act of 1988 has made new funds available for
the construction and renovation of county jails and county juvenile
facilities. The Legislature hereby directs the Board of Corrections
to allocate and administer the moneys intended in the County
Correctional Facilities Capital Expenditure and Youth Facility Bond
Act of 1988 for county jails, and the Department of the Youth
Authority to allocate and administer the moneys intended in the
County Correctional Facilities Capital Expenditure and Youth Facility
Bond Act of 1988 for juvenile facilities, in accordance with the
provisions of this title.
(b) Money appropriated for allocation under this title may be used
for the renovation, replacement, reconstruction, or construction of
county jail facilities, county medical facilities designated to house
persons charged with or convicted of a crime and who are mentally
ill, and county juvenile facilities. Money appropriated by this
title may also be used for construction of separate local detention
facility space for detoxification of persons arrested because of
intoxication.
(c) It is the Legislature's intention to make the money
appropriated for allocation under this title available to counties
with established and documented needs for capital projects for jail
and juvenile facilities. However, that money shall not be used to
build facilities that the counties cannot afford to operate fully and
safely.

[/align]

[هيثم الفقى]

[align=left]
COUNTY JAILS


4497.02. (a) For the purpose of this chapter:
(1) "Board" means the Board of Corrections.
(2) "Fund" means the 1988 County Correctional Facilities Capital
Expenditure and Youth Facility Fund.
(b) The Board of Corrections shall not itself be deemed a
responsible agency, as defined by Section 21069 of the Public
Resources Code, or otherwise be subject to the California
Environmental Quality Act for any activities under this title, the
County Jail Capital Expenditure Bond Acts of 1981 or 1984, or the
County Facility Capital Expenditure Bond Act of 1986. This
subdivision does not exempt any local agency from the requirements of
the California Environmental Quality Act.



4497.04. Money appropriated to the board for allocation pursuant to
this chapter shall be allocated as follows:
(a) Funding shall be provided for those projects entitled to be
funded under subdivision (c) of Section 3 of Chapter 444, Statutes of
1984, as amended, and Section 5 of Chapter 1519, Statutes of 1986,
to the extent that those projects have not received full funding.
(b) The following additional amounts shall be allocated to the
counties for the construction, reconstruction, replacement, or
renovation of county jail facilities. These funds shall not be used
to supplant local funds directed to previously approved state
projects. Nor shall these funds be used to reimburse counties whose
match on previously approved projects exceeded the required 25
percent. These funds may be used for allocations specified in
subdivisions (c) and (d) of Chapter 444, Statutes of 1984, as
amended, and Section 5, subdivision (b) of Chapter 1519, Statutes of
1986.


County Allocation
Alameda ............... $ 6,441,198
Alpine ................ 62,541
Amador ................ 0
Butte ................. 1,900,266
Calaveras ............. 0
Colusa ................ 0
Contra Costa .......... 1,420,488
Del Norte ............. 1,317,106
El Dorado ............. 0
Fresno ................ 4,326,606
Glenn ................. 732,094
Humboldt .............. 2,116,523
Imperial .............. 0
Inyo .................. 1,214,025
Kern .................. 9,650,404
Kings ................. 891,687
Lake .................. 1,699,291
Lassen ................ 727,717
Los Angeles ........... 172,682,741
Madera ................ 0
Marin ................. 2,166,458
Mariposa .............. 117,478
Mendocino ............. 1,214,270
Merced ................ 2,446,318
Modoc ................. 181,761
Mono .................. 120,421
Monterey .............. 7,429,146
Napa .................. 358,819
Nevada ................ 1,179,930
Orange ................ 21,723,387
Placer ................ 2,022,123
Plumas ................ 166,775
Riverside ............. 10,476,076
Sacramento ............ 6,299,898
San Benito ............ 1,270,642
San Bernardino ........ 10,874,718
San Diego ............. 32,675,959
San Francisco ......... 17,015,321
San Joaquin ........... 12,377,292
San Luis Obispo ....... 2,033,185
San Mateo ............. 2,452,925
Santa Barbara ......... 2,438,604
Santa Clara ........... 11,780,710
Santa Cruz ............ 2,889,829
Shasta ................ 0
Sierra ................ 119,234
Siskiyou .............. 0
Solano ................ 1,125,732
Sonoma ................ 3,877,521
Stanislaus ............ 3,649,178
Sutter ................ 964,137
Tehama ................ 532,947
Trinity ............... 225,380
Tulare ................ 2,513,889
Tuolumne .............. 677,876
Ventura ............... 14,733,637
Yolo .................. 686,721
Yuba .................. 1,844,691
TOTAL ....... $387,845,675

(c) If any county declares that it is unable to use the funds
allocated to it under this section, or if any county is unable to
satisfy the prerequisites for funding listed in Section 4494.10, the
amount allocated to the county in this section shall revert to the
state, to be reallocated by the board.
(d) If funds beyond those needed for the itemized amounts become
available for reallocation, the board shall reallocate those funds
under subdivision (e).
(e) Reverted funds under this chapter or subdivision (c) of
Chapter 1519 of the Statutes of 1986 shall be reallocated to counties
pursuant to the development and adoption of a new allocation plan as
determined by an allocation advisory committee appointed by the
board. The allocation advisory committee shall convene upon
notification by the board that funds have been reverted. Reallocated
funds shall be distributed three times. The first distribution
shall occur on December 31, 1990; the second distribution shall
occur on December 31, 1992, and the final distribution shall occur on
December 31, 1993. If any county seeking funds has not completed
architectural drawings at the time reallocation funds become
available, the county shall be removed from reallocation
consideration until it has completed architectural drawings.
(f) Any county that receives funds pursuant to this chapter or
pursuant to Chapter 444 of the Statutes of 1984, as amended, or
Chapter 1519 of the Statutes of 1986, that, in the aggregate, total
ten million dollars ($10,000,000) or less may pool or combine those
funds for the purpose of financing a jail construction project,
subject to approval of the project pursuant to this chapter.
However, under no circumstances shall the pooling of successive bond
allocations relieve or exempt the county from its obligation to meet
the 25 percent local match requirement.
This subdivision shall not be interpreted as an authorization to
utilize allocated funds to reimburse counties whose match on
previously approved and completed projects exceeded the required 25
percent.


4497.05. Money in the 1986 County Correctional Facility Capital
Expenditure Fund and money in the 1988 County Correctional Facility
Capital Expenditure and Youth Facility Bond Fund may be used on the
same project so long as the project is consistent with the purposes
set forth in Sections 4485 and 4496.12 and is subject to the
restrictions and requirements set forth in subdivision (f) of Section
4497.04. The deadlines applicable under this title shall be
applicable to the joint use of funds under this section.



4497.06. (a) The board shall administer the funds allocated in this
chapter to adult jail facilities, according to existing County
Correctional Facilities Capital Expenditure Fund regulations, except
as those regulations may be amended to comply with the provisions of
this chapter.
(b) The board shall apply its regulations in the approval or
disapproval of county jail projects, except that the board may
approve a project if the board finds, after conducting a public
hearing, that although the county cannot possibly meet the
regulations, the county will nonetheless comply with Section 4485.6.



4497.08. No state moneys shall be encumbered in contracts with a
county, nor released to a county, for construction or renovation of a
local jail facility pursuant to this chapter until the conditions of
this chapter have been fulfilled by the county.



4497.10. To be eligible for funding consideration, a county shall,
to the satisfaction of the board, do all of the following:
(a) Certify that juveniles are not housed in the county's adult
detention facilities, except where authorized by law; and document
the existence of, or plans for, separate housing for juveniles.
(b) Document the existence of, or plans for, separate housing for
persons detained or arrested because of intoxication, which will
prevent mixing of this category of prisoner with other prisoners. If
the county has no existing provisions for detoxification housing, it
shall make provisions for that housing as part of its proposed
project.
(c) Document the existence of, or plans for, separate housing for
mentally disordered defendants or convicted prisoners which will
prevent mixing of this category of prisoner with other prisoners
until the time that the responsible health authority or his or her
designee clears specific prisoners for nonseparate housing, based on
clinical judgment. If the county has no existing provisions for
separate housing of mentally disordered prisoners, it shall make
provisions for that housing as part of its proposed project.
(d) Submit a formal project proposal to the board on or before
September 30, 1990. The project proposal shall describe the
construction or renovation project to be undertaken and shall include
an estimated budget for the project. The proposal shall also
identify how county funding obligations, both for construction and
operation of the facility, will be met. The project proposal shall
be consistent with the needs and priorities identified in the needs
assessment by the county.
Failure to submit a project proposal shall be deemed a declaration
by the county that it does not intend to request its allocation
under subdivisions (a) and (b) of Section 4497.04, and the amounts
allocated in those subdivisions to the county shall be available for
reallocation by the board. The board may waive this requirement for
submission of a proposal within one year if it determines there are
unavoidable delays in the county's preparation of a project proposal.

(e) Submit architectural drawings which shall be approved by the
board for compliance with minimum jail standards and by the State
Fire Marshal for compliance with fire safety requirements. If the
board concludes that a county's proposed construction or renovation
contains serious design deficiencies that, while they would not
require a refusal to enter into the contract, would seriously impair
the facility's functioning, it shall notify the sheriff and the board
of supervisors of that county of the deficiencies and shall delay
entering into a contract with the county for at least 30 days after
mailing the letter. This letter shall be a public record.
(f) The county shall certify that it owns, or has long-term
possession of, the construction site.
(g) The county shall have filed a final notice of determination on
its environmental impact report with the board.
(h) The county has formally adopted a plan to finance the
construction of the proposed facility.
(i) The county shall have submitted a preliminary staffing plan
for the proposed facility, along with an analysis of other operating
costs anticipated for the facility, to the board for review and
comment. Prior to submission of the staffing plan and operating
costs analysis of the board, the county board of supervisors shall
have reviewed and approved the submittal in or following public
hearings. The sheriff shall also have reviewed and commented on the
preliminary staffing plan and the operating cost analysis. The board
shall comment in writing to the sheriff and board of supervisors.
This letter shall be a public record.
(j) The county shall submit either a major or minor needs
assessment documenting the need for and purpose of the proposed
project. The needs assessment shall meet all requirements listed in
the applicable County Correctional Facility Capital Expenditure Fund
regulations. The board may exempt a county from performing a new
needs assessment if any of the following conditions exist:
(1) The board determines that a prior needs assessment is in
substantial compliance and it justifies the project being funded in
Section 4497.04.
(2) A county receives funds from this bond act in an amount of
three hundred thousand dollars ($300,000) or less.
If exempted from performing a needs assessment, counties shall
provide an analysis of specific jail deficiencies, including levels
of security, program, including, but not limited to, medical and
mental health care, housing, and administration. This analysis shall
also include specific plans for correcting the deficiencies.
(k) Demonstrate to the board unless the county's sole project is a
remodel of an existing adult detention facility which will not
result in the addition of any beds, that it is using, to the greatest
extent feasible, alternatives to incarceration based on the
following measures: an incarceration rate of no more than one
standard deviation above the mean for all counties and, either a
pretrial misdemeanor incarceration rate of no more than one standard
deviation above the mean for all counties or a sentenced prisoner
alternatives percentage or 5 percent or more as related to total
sentenced prisoner admissions.
(1) The data to be used in establishing the incarceration rate
will be the 1989 calendar year average daily population as reported
by each county to the board and the Department of Finance Report on
Population by County.
(2) The pretrial misdemeanor incarceration rate will be based on
an average of the daily pretrial misdemeanor jail population,
developed from a four-day sample period in 1989 specified by the
board.
(3) The sentenced prisoner alternatives percentage will be based
on enrollment in three programs: Section 4024.2 of the Penal Code
(work-in-lieu of jail), county parole, and home detention if the
placement is made after some jail time is served.
(4) Counties failing to demonstrate adequate use of alternatives
to incarcerations by the above measure by March 30, 1990, shall be
reevaluated annually by the board. If any county is unable to
satisfy the requirements of this section by September 30, 1993, the
amount allocated to the county shall revert to the state, to be
reallocated by the board pursuant to subdivision (c) of Section
4497.04.
(l) Begin construction or renovation work within four years of the
effective date of this title. If a county fails to meet this
requirement, any allocations to the county under this chapter shall
be deemed void and moneys allocated to the county shall revert to the
board for reallocation. The board may waive this requirement if it
determines that there are unavoidable delays in the initial
construction activities.
(m) Counties shall provide for the construction of appropriate
courtroom facilities and hearing room facilities within any jail
construction plan submitted to the board. Those courtroom facilities
and hearing room facilities shall be utilized for purposes of
holding appropriate arraignments and bail hearings and for the
conduct of parole revocation hearings. The board may waive this
requirement where county specific circumstances dictate.



4497.12. (a) County match on projects funded under this chapter
shall be a minimum of 25 percent of the total project costs.
(b) The county match requirement imposed upon counties pursuant to
the receipt of state moneys shall not be required to be made on a
pro rata basis where the requirement would impede the expeditious and
equitable construction of county correctional facilities. However,
under no circumstances shall the county match for any county project
be less than 25 percent.
(c) Costs eligible for state funding and as county match shall be
those defined in applicable existing sections of the County
Correctional Facilities Capital Expenditure Fund regulations, which
regulations may be amended.



4497.14. (a) The board shall not approve the expenditures of funds
allocated under this act for the construction of county detention
facilities until a master site plan for county detention facilities
has been prepared and adopted by the board of supervisors of the
county proposing to construct the facility. The board of supervisors
shall determine the location of any detention facilities pursuant to
a master plan, which determination shall not be subject to any
initiative or ordinance adopted by initiative. In developing the
plan, the board of supervisors shall consider alternatives to
additional detention facilities and the specific concerns of
incorporated cities and other community representatives, and shall
give special consideration to existing federal, state, and local
detention facilities in order to avoid over-concentration of inmates
in one geographic area of the county. If the board of supervisors
decides to locate new or expanded detention facilities near existing
detention facilities, it shall publicly state its reasons for that
decision.
The board shall only approve expenditure of funds allocated under
this chapter for the construction of detention facilities in
accordance with the plan adopted pursuant to this section. The board
may exempt a county from this requirement if the master site plan
remains unchanged from that approved under the provisions of the
County Correctional Facilities Capital Expenditure Bond Act of 1986.

(b) The board shall establish construction costs controls and
shall set forth in regulation procedures for setting maximum state
funding levels for appropriate construction unit costs, including
cost per cell for specified categories of facilities. These cost
controls shall be based on average costs in recently constructed
facilities in California that are comparable in size, use, location,
and other relevant factors.
Allocations listed in Section 4497.04 notwithstanding, the state
contribution shall be up to 75 percent of total project costs or up
to 75 percent of the applicable construction cost norms, whichever is
lower. Nothing in this section is intended, however, to prescribe
maximum limits on county funding levels for the projects.
Prior to releasing any funds to a county, the board shall review
construction cost levels in the funded projects for compliance with
cost control regulations.
(c) Prior to entering into a contract with a county, the board
shall review or approve or both review and approve the county
submissions required by this chapter regarding the facility or
facilities proposed for funding.
(d) The board shall collect annually from all counties information
on county incarceration rates, average daily jail populations as a
proportion of the total county population or total arrests or both;
pretrial misdemeanant ratios, the percentage which unsentenced
prisoners charged only with misdemeanors constitute the total average
daily unsentenced jail population; and sentenced alternatives
ratios, for example, average daily populations in work-in-lieu of
jail programs and county parole as a percentage of the total average
daily sentenced misdemeanant prisoner population. All counties that
have received or will receive state funds for jail construction shall
supply the board the information necessary to comply with this
section.



4497.16. If after a hearing, the board makes a finding that a
county has failed to comply with a condition or plan approved by the
board relating to the requirements of Section 4485.6, the board may
require the county to pay an amount equal to the pro rata portion of
the principal and interest, paid by the state on bonds the proceeds
of which were allocated pursuant to this chapter to the county for
the period of noncompliance. The repayment provisions shall not be
applicable if the noncompliance with the condition or plan is the
result of circumstances beyond the control of the county, or the
board finds the county cannot reasonably comply under the
circumstances.
[/align]

[هيثم الفقى]

[align=left]
JUVENILE FACILITIES


4497.20. (a) The Department of the Youth Authority is hereby
directed to administer the moneys intended for juvenile facilities in
the County Correctional Facility Capital Expenditure and Youth
Facility Bond Act of 1988, in accordance with the provisions of this
chapter.
(b) It is the intention of the Legislature to make the money
appropriated for allocation under this chapter available to counties
with established and documented needs for capital projects for
juvenile facilities.
(c) Counties that apply for funds to alleviate overcrowding shall
submit a preliminary staffing plan for the proposed facility, along
with an analysis of other operating costs anticipated for the
facility, to the Department of the Youth Authority for review and
comment. Prior to submission of the staffing plan and operating cost
analysis to the department, the board of supervisors shall have
reviewed and approved the submittal in or following public hearings.
The chief probation officer shall also have reviewed and commented
on the preliminary staffing plan and operating cost analysis. The
department shall comment in writing to the chief probation officer
and board of supervisors. This response shall be a public record.
(d) The Department of the Youth Authority shall conduct an
assessment of the needs of counties for juvenile facilities in
California which shall be submitted to the Legislature by June 30,
1990.


4497.22. Funds appropriated to the Department of the Youth
Authority for allocation under this chapter shall be allocated as
provided by this chapter.


4497.24. Two million three hundred fifty-seven thousand seven
hundred seventy-eight dollars ($2,357,778) shall be set aside
initially for the counties that did not have juvenile facilities on
January 1, 1987. These funds shall be used to construct county
juvenile facilities and are hereby allocated as follows:


Amador ......................... $ 33,000
Calaveras ...................... 80,000
Colusa ......................... 218,928
Glenn .......................... 213,850
Inyo ........................... 846,000
Lassen ......................... 350,000
Mariposa ....................... 50,000
Modoc .......................... 126,000
Mono ........................... 18,000
Plumas ......................... 45,000
San Benito ..................... 243,000
Sierra ......................... 10,000
Trinity ........................ 30,000
Tuolumne ....................... 94,000



4497.26. Ten million dollars ($10,000,000) shall be set aside
initially for counties that do not have efficient and adequate
facilities for youth with special problems. Two or more counties may
apply jointly to construct those facilities regionally. No more
than three million three hundred thousand dollars ($3,300,000) shall
be awarded for the construction of each regional facility.



4497.28. Forty-eight million nine hundred sixty-seven thousand two
hundred twenty-two dollars ($48,967,222) shall be set aside initially
for counties to alleviate overcrowding and eliminate health, fire,
and life safety deficiencies in juvenile facilities or provide
efficient and adequate facility for youth with special problems.
These funds are hereby allocated to all counties except those listed
in Section 4497.24, as follows:


Alameda ...................... $ 2,378,878
Butte ........................ 303,787
Contra Costa ................. 1,329,808
Del Norte .................... 34,798
El Dorado .................... 210,354
Fresno ....................... 1,064,299
Humboldt ..................... 201,133
Imperial ..................... 196,087
Kern ......................... 901,792
Kings ........................ 163,725
Lake ......................... 89,431
Los Angeles .................. 14,970,647
Madera ....................... 143,542
Marin ........................ 400,004
Mendocino ................... 132,407
Merced ...................... 297,871
Monterey .................... 605,660
Napa ........................ 184,952
Nevada ...................... 134,321
Orange ...................... 3,934,095
Placer ...................... 272,121
Riverside ................... 1,700,581
Sacramento .................. 1,696,928
San Bernardino .............. 2,235,602
San Diego ................... 4,123,745
San Francisco ............... 1,275,871
San Joaquin ................. 794,440
San Luis Obispo ............. 360,682
San Mateo ................... 1,093,529
Santa Barbara ............... 596,961
Santa Clara ................. 2,488,758
Santa Cruz ................... 393,914
Shasta ....................... 242,890
Siskiyou ..................... 75,338
Solano ....................... 544,764
Sonoma ....................... 636,457
Stanislaus ................... 591,915
Sutter ....................... 107,352
Tehama ....................... 81,253
Tulare ....................... 517,621
Ventura ...................... 1,125,195
Yolo ......................... 234,887
Yuba ......................... 98,827




4497.30. (a) Two million two hundred twenty-five thousand dollars
($2,225,000) shall be set aside initially for bond interest costs,
and two hundred fifty thousand dollars ($250,000) shall be set aside
to conduct a statewide assessment of the counties' needs for juvenile
facilities.
(b) Notwithstanding Section 5.5 of Chapter 1130 of the Statutes of
1989, up to two hundred twenty-five thousand dollars ($225,000)
shall be available for assistance to counties in planning and
development of projects funded under Section 5 of Chapter 1327 of the
Statutes of 1989 and in accordance with Section 4497.20.



4497.32. (a) Funds which were set aside initially as provided by
Sections 4497.24 to 4497.30, inclusive, that are not used and funds
that were allocated under the provisions of the County Correctional
Facility Capital Expenditure Bond Act of 1986 that are not used shall
be allocated by the Department of the Youth Authority to those
counties that received an allocation under Section 4497.28 which was
not sufficient to fund the remaining portion of the total cost of the
approved projects. The amount of each of those county's allocation
shall be that county's per capita share of the total funds available
for all counties with partially funded projects, or the amount needed
to complete funding of that county's approved projects, whichever is
less. At no time shall the allocation exceed 75 percent of the
total eligible costs.
(b) The allocation procedure described in subdivision (a) shall be
repeated until all of the available funds are awarded.
(c) Funds awarded by the Department of the Youth Authority under
this section shall be used for the construction, reconstruction,
remodeling, or replacement of county juvenile facilities, and for the
performance of deferred maintenance on juvenile facilities, but may
only be used for the purpose of reducing current overcrowding and
eliminating health, fire, and life safety hazards.



4497.34. (a) Counties with overcrowded juvenile facilities shall
not be eligible to receive funds to construct, reconstruct, remodel,
or replace juvenile facilities unless they have adopted a plan to
correct overcrowded conditions within their facilities which includes
the use of alternatives to detention. The corrective action plan
shall provide for the use of five or more methods or procedures to
minimize the number of minors detained and shall be approved by the
board of supervisors during or subsequent to a public hearing.
(b) To be eligible for funding under this chapter, the county
shall enter into a contract with the Department of the Youth
Authority and begin construction or renovation work within six years
of the operative date of the regulations that implement this chapter.
If a county fails to meet this requirement, any allocations or
awards to that county under this chapter shall be deemed void and any
moneys allocated or awarded to that county shall revert to the
Department of the Youth Authority for reallocation to another county
as provided by Section 4497.32. The department may waive this
requirement if it determines that there are unavoidable delays in
starting construction.
(c) To be eligible for funding for juvenile facilities under the
County Correctional Facility Capital Expenditure Bond Act of 1986,
the county shall enter into a contract with the Department of the
Youth Authority and begin construction or renovation work by July 31,
1991. If a county fails to meet this requirement, all allocations
or awards that have been made to that county under that act shall be
deemed void and any moneys allocated or awarded to that county shall
revert to the Department of the Youth Authority and are
reappropriated for reallocation as provided by Section 4497.32. The
department may waive this requirement if it determines that there are
unavoidable delays in starting construction.
(d) Excluding moneys allocated for San Bernardino County, the
Department of the Youth Authority shall immediately reallocate unused
awards to eligible participating counties.



4497.36. An application for funds shall be in the manner and form
prescribed by the Department of the Youth Authority.



4497.38. (a) Awards shall be made only if county matching funds of
25 percent are provided except as specified in subdivision (b).
(b) (1) A county or a consortium of counties may request the
Director of the Department of the Youth Authority for a deferral of
payment of the required matching funds for the construction of a
juvenile detention facility. This request shall be approved if the
county or consortium of counties meet all of the following criteria:

(A) The county or consortium of counties has plans for the
construction of the facility approved by the Department of the Youth
Authority.
(B) The facility to be built is located in Humboldt County.
(C) The county or consortium of counties submits to and receives
approval by the Department of the Youth Authority, a plan and
schedule for payment of the required match.
(2) Contribution of the county or consortium of counties matching
requirement shall commence no later than three years from the date of
occupation of any facility financed under this chapter.
(3) Under no circumstances shall the county match for any county
juvenile project be less than 25 percent.
[/align]