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§ 1712.4. Eligibility Requirements for SB 844.

15 CA ADC § 1712.4Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 15. Crime Prevention and Corrections
Division 1. Board of State and Community Corrections
Chapter 1. Board of State and Community Corrections
Subchapter 6. Construction Financing Program
Article 2. Eligibility Requirements
15 CCR § 1712.4
§ 1712.4. Eligibility Requirements for SB 844.
(a) To be eligible for participation in the SB 844 Adult Local Criminal Justice Facilities Construction Program, a county shall:
(1) Submit the required proposal described in Section 1730.4 of these regulations;
(2) Complete or update a needs assessment study as prescribed in Section 1731 of these regulations. A county shall not be required to submit a new needs assessment if the county previously submitted a needs assessment for a request under the financing program described in Section 1712.3;
(3) Provide match as specified in Section 1714.4 of these regulations;
(4) Provide 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;
(5) Include all work necessary for the existing facility to meet current fire and life safety standards and meet or exceed building standard seismic level 3 performance standards, applicable only to renovation projects or new construction that is physically attached to an existing facility.
(6) Include a description of efforts to address sexual abuse in its adult local criminal justice facility constructed or renovated pursuant to Part 10(b), Division 3, Title 2, Chapter 3.132 of the Government Code.
(7) 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 locked facility constructed or renovated with the state funding awarded under the SB 844 program.
(8) Have previously received only a partial award or have not received an award from the state within the financing programs authorized in Chapter 3.11 (commencing with Section 15820.90) to 3.131 (commencing with Section 15820.93) of the California Government Code under AB 900 Phase I, AB 900 Phase II, SB 1022, and SB 863.
(b) If the conditions in subsection (a) of this regulation are met counties may apply, up to their award amount, for reimbursement of the following:
(1) Costs for the design and construction of the BSCC-approved Adult Local Criminal Justice Facility project, incurred after establishment of the project by the Board, including site preparation, fixed equipment and fixed furnishings, installation of fixed equipment and fixed furnishings necessary for the operation of the facility, costs for real estate due diligence review, preparation of full or focused environmental reports necessary for compliance with CEQA by consultants or contractors, moveable equipment, and moveable furnishings necessary for the activation and operation of the facility. Reimbursable costs cannot exceed ninety percent (90%) of the total project costs or the county's award amount. Costs in excess of ninety percent (90%), including higher than expected construction bids, unanticipated costs, and cost overruns, shall be funded by the county.
(c) Projects or items not eligible for state reimbursement under these regulations shall include, but not be limited to, the following:
(1) Temporary holding or court holding facilities.
(2) Local jail facilities or portions thereof operated by jurisdictions other than counties. City, state and federal facilities are not eligible.
(3) Purchase, lease, or rent of land; personnel or operational costs; excavation of burial sites; public art; off-site costs (outside of the encumbered project area) including access roads, power generation and utilities development; supplies; bonus payments; and debt service or interest payments on indebtedness required to finance the county's share of project costs.

Credits

Note: Authority cited: Section 15820.945, Government Code; and Section 6030, Penal Code. Reference: Sections 15820.94, 15820.945 and 15820.946, Government Code; and Section 3073, Penal Code.
History
1. New section filed 12-29-2016 as an emergency; operative 12-29-2016 (Register 2016, No. 53). A Certificate of Compliance must be transmitted to OAL by 6-27-2017 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 6-28-2017 as an emergency; operative 6-28-2017 (Register 2017, No. 26). A Certificate of Compliance must be transmitted to OAL by 9-26-2017 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 6-28-2017 order transmitted to OAL 9-22-2017 and filed 11-3-2017 (Register 2017, No. 44).
This database is current through 4/19/24 Register 2024, No. 16.
Cal. Admin. Code tit. 15, § 1712.4, 15 CA ADC § 1712.4
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