California Senate Bill SB859 Amended / Bill

 BILL NUMBER: SB 859AMENDED BILL TEXT AMENDED IN ASSEMBLY AUGUST 8, 2016 AMENDED IN ASSEMBLY MAY 25, 2016 INTRODUCED BY Committee on Budget and Fiscal Review JANUARY 7, 2016  An act relating to the Budget Act of 2016.   An act to amend Section 15820.946 of, and to add Section 15820.947   to, the Government Code, relating to correctional facilities   , and making an appropriation therefor, to take effect immediately, bill related to the budget.  LEGISLATIVE COUNSEL'S DIGEST SB 859, as amended, Committee on Budget and Fiscal Review.  Budget Act of 2016.   Correctional facilities: construction: financing.   Existing law authorizes the State Public Works Board to issue up to $270,000,000 in revenue bonds, notes, or bond anticipation notes to finance the acquisition, design, and construction of approved adult local criminal justice facilities, setting aside $20,000,000 to be awarded to Napa County.   This bill would require that $20,000,000 of the amount issued by the board in revenue bonds, notes, or bond anticipation notes to be set aside and awarded to Napa County without the submission of any further adult local criminal justice facility proposal. The bill would also authorize those funds to be utilized in conjunction with a partial award made to Napa County pursuant to other specified provisions.   This bill would appropriate $1,000 from the General Fund to the Board of State and Community Corrections for administrative costs related to the bill.   This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.   This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2016.  Vote: majority. Appropriation:  no   yes  . Fiscal committee:  no  yes  . State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 15820.946 of the   Government Code   is amended to read:  15820.946. (a) The participating county contribution for adult local criminal justice facilities financed under this chapter shall be a minimum of 10 percent of the total project costs. The BSCC may reduce contribution requirements for participating counties with a general population below 200,000 upon petition by a participating county to the BSCC requesting a lower level of contribution. (b) The BSCC shall determine the funding and scoring criteria consistent with the requirements of this chapter. Financing shall be awarded only to those counties that have previously received only a partial award or have never received an award from the state within the financing programs authorized in Chapters 3.11 (commencing with Section 15820.90) to 3.131 (commencing with Section 15820.93), inclusive.  Notwithstanding this restriction, twenty million dollars ($20,000,000) of the amount authorized in Section 15820.942 shall be set aside and awarded to Napa County.  The funding criteria shall include, as a mandatory criterion, documentation of the percentage of pretrial inmates in the county jail from January 1, 2015, to December 31, 2015, inclusive, and a description of the county's current risk assessment based pretrial release program. Funding preference shall also be given to counties that are most prepared to proceed successfully with this financing in a timely manner. The determination of preparedness to proceed shall include the following: (1) Counties providing a board of supervisors' resolution authorizing an adequate amount of available matching funds to satisfy the counties' contribution and approving the forms of the project documents deemed necessary, as identified by the board to the BSCC, to effectuate the financing authorized by this chapter, and authorizing the appropriate signatory or signatories to execute those documents at the appropriate times. The identified matching funds in the resolution shall be compatible with the state's lease-revenue bond financing. (2) Counties providing documentation evidencing CEQA compliance has been completed. Documentation of CEQA compliance shall be either a final Notice of Determination or a final Notice of Exemption, as appropriate, and a letter from county counsel certifying the associated statute of limitations has expired and either no challenges were filed or identifying any challenges filed and explaining how they have been resolved in a manner that allows the project to proceed as proposed. (c) Funding consideration shall be given to counties that are seeking to replace compacted, outdated, or unsafe housing capacity that will also add treatment space or counties that are seeking to renovate existing or build new facilities that provide adequate space for the provision of treatment and rehabilitation services, including mental health treatment. (d) A participating county may replace existing housing capacity, realizing only a minimal increase of capacity, using this financing authority if the requesting county clearly documents an existing housing capacity deficiency. (e) A participating county with a request resulting in any increase in capacity using this financing authority shall be required to certify and covenant in writing that the county is not, and will not be, leasing housing capacity to any other public or private entity for a period of 10 years beyond the completion date of the adult local criminal justice facility. (f) Any locked facility constructed or renovated with state funding awarded under this program shall include space to provide onsite, in-person visitation capable of meeting or surpassing the minimum number of weekly visits required by state regulations for persons detained in the facility. (g) Any county applying for financing authority under this program shall include a description of efforts to address sexual abuse in its adult local criminal justice facility constructed or renovated pursuant to this chapter.  SEC. 2.   Section 15820.947 is added to the   Government Code   , to read:   15820.947. Notwithstanding the award restriction in subdivision (b) of Section 15820.946, twenty million dollars ($20,000,000) of the amount authorized in Section 15820.942 shall be set aside and awarded to Napa County without the submission of any further adult local criminal justice facility proposal. This amount may be utilized in conjunction with a partial award made to Napa County pursuant to Chapter 3.131 (commencing with Section 15820.93). These awards represent the maximum state contribution for the adult local criminal justice facility in Napa County.   SEC. 3.   The sum of one thousand dollars ($1,000) is hereby appropriated from the General Fund to the Board of State and Community Corrections for administrative costs related to this act.   SEC. 4.   This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.   SECTION 1.  It is the intent of the Legislature to enact statutory changes, relating to the Budget Act of 2016.