Existing law authorizes the Board of State and Community Corrections or the Department of Corrections and Rehabilitation, the State Public Works Board, and a participating county, as defined, to acquire, design, and construct an adult local criminal justice facility approved by the Board of State and Community Corrections, or to acquire a site or sites owned by, or subject to a lease option to purchase held by, a participating county. Existing law authorizes the State Public Works Board to issue revenue bonds, notes, or bond anticipation notes to finance the acquisition, design, and construction of approved adult local criminal justice facilities. The funds derived from those revenue bonds, notes, or bond anticipation notes are continuously appropriated for those purposes.

Existing law restricts some of these funds by requiring a participating county that plans to use these funds to increase housing capacity to certify in writing that it is not presently, nor will it for a period of 10 years following the completion of construction, lease jail housing capacity to any private or public entity.

This bill would require a participating county that plans to use any certain of these funds for any project, regardless of whether or not that project increases housing capacity, an adult local criminal justice facility proposal that is approved by the Board of State and Community Corrections on or after the effective date of this act, January 1, 2018, to certify in writing that it is not presently, nor will it and will not for a period of 10 years following the completion of construction, facility, lease jail housing capacity to any private or public entity. entity, except for leases with the state or another county.

Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of the act a crime. Existing law also provides for the regulation of health insurers by the Department of Insurance. Existing law imposes various requirements and prohibitions relating to child coverage on a plan or insurer that offers health care service plan contracts or health insurance policies in the individual market, such as prohibiting a plan or insurer from excluding or limiting coverage due to a preexisting condition of the child. Existing law provides that when a responsible party for a child submits a premium payment under a plan or policy and that payment is delivered or postmarked, whichever occurs earlier, within the first 15 days of the month, coverage under the plan contract or policy shall become effective no later than the first day of the following month. Existing law provides that if the premium payment is delivered or postmarked after the 15th day of the month coverage shall become effective no later than the first day of the 2nd month following delivery or postmark of the payment.

This bill would instead determine the date of effective coverage based on whether or not the premium payment was delivered or postmarked by or after the 16th day of the month.

SENATE THIRD READING

STR Bill Id:SB 630

Author:(Skinner)

As Amended Ver:August 31, 2017

2/3 vote. Urgency

SENATE VOTE: 22-14

SUMMARY: Expands the definition of "association" with a protected person or group for purposes of the hate crime statutes. Specifically, this bill:

1. Provides that association with a protected person or group includes active representation, defense of, or support of, a protected person or group.
2. Contains an urgency clause.

EXISTING LAW:

1. Defines "hate crime" as any criminal act committed, in whole or in part, because of one or more of the following actual or perceived characteristics of the victim:
   1. Disability;
   2. Gender;
   3. Nationality;
   4. Race or ethnicity;
   5. Religion;
   6. Sexual orientation; and,
   7. Association with a person or group with one or more of these actual or perceived characteristics.
2. States that "association" with a person or group with the actual or perceived characteristics protected by the hate crime statutes includes "advocacy for, identification with, or being on the ground owned or rented by, or adjacent to, any of the following: a community center, educational facility, family, individual, office, meeting hall, place of worship, private institution, public agency, library, or other entity, group, or person that has, or is identified with people who have, one or more of those characteristics."
3. Provides that a hate crime includes, but is not limited to, a violation of interference with the exercise of civil rights because of actual or perceived characteristics of the victim.
4. Provides that a person who commits a felony motived by bias, or attempts to commit a bias-motivated felony, except as specified, shall receive an additional term of one, two, or three years in the state prison, at the court's discretion.
5. Provides that a person who commits a felony motived by bias, or attempts to commit a bias-motivated felony, except as specified, and who voluntarily acted in concert with another person in the commission of the crime shall receive an additional term of two, three, or four years in the state prison, at the court's discretion.
6. Provides that a person who commits first-degree murder that is a hate crime shall be punished by imprisonment in the state prison for life without the possibility of parole.

FISCAL EFFECT: Unknown

COMMENTS:

1. Hate Crimes: Hate crimes, referred to by some jurisdictions as "bias crimes," are generally defined as crimes that are "committed not out of animosity toward the victim as an individual, but out of hostility toward the group to which the victim belongs." (Pendo, Recognizing Violence Against Women: Gender and the Hate Crimes Statistics Act (1994) 17 Harv. Women's L.J. 157, 159.) Looking at a more specific definition, a hate crime is defined as "a crime in which the defendant intentionally selects a victim because of the actual or perceived race, color, religion, national origin, ethnicity, gender, disability, or sexual orientation of any person." (Violent Crime Control and Law Enforcement Act of 1994, Public Law 103-322, 108 Statute 1796 Section 280003 (1994) emphasis added (codified in part at 28 United States Code Section 994 (1994).)

Hate crime perpetrators target their victims based on discrimination against immutable characteristics such as age, color, disability, gender, gender identity, national origin, race, sex, and sexual orientation. Immutability can be characterized in one of two ways. Some characteristics, such as age, disability, and race, cannot be altered by an individual's voluntary act. However, other characteristics, such as religion and gender, can only be altered with substantial cost or difficulty to the individual. Although not literally immutable, scholars contend that "the power of a constructed category can be so overwhelming, and its terms, assumptions, and normative social requirements so deeply ingrained into the members of society, that it is experienced at the individual level as immutable." [Marcosson, Constructive Immutability (2001) 3 U. Pa. J. Const. L. 646, 650.] This implies that some characteristics that are entirely possible for individuals to change, such as religion, have such a powerful impact on the construction of individual identity that they effectively operate as if they were unchangeable.

Hate crimes statutes protect not only the persons or groups with the protected classes, but also extend to victims who are targeted because of their association with a particular group. "Association" is defined to include advocacy for, or identification with, the protected person or group. This bill expands the definition of association to include those who actively represent, defend, or support a protected person or group.

1. Trends in Commission of Hate Crimes: During the presidential campaign, then-candidate Donald Trump proposed building a wall on the border with Mexico to stop illegal immigrants, as well as a temporary ban on all Muslims entering the country. Following his election as President in November 2016, there was an increase in hate crimes nationally.

The Center for the Study of Hate & Extremism at California State University, San Bernardino concluded that hate crimes in nine United States metropolitan areas rose more than 20 percent last year. In prior years there had been a trend which showed a decrease in the number of hate crimes. (See Reuters, March 14, 2017, https://www.nbcnews.com/news/us-news/u-s-hate-crimes-20-percent-2016-fueled-election-campaign-n733306.) In December 2016, the Southern Poverty Law Center released a report on harassment and intimidation based on bias around the country for the three months following the election. The report tallied over 1000 reported incidents of this type of conduct. (See https://www.splcenter.org/hatewatch/2016/12/16/update-1094-bias-related-incidents-month-following-election ) Official national statistics on hate crimes committed in 2016 will be released by the Federal Bureau of Investigation in November 2017. California statistics are consistent with the preliminary statistics across the rest of the nation. In July 2017, the California Department of Justice released its annual report on hate crime statistics, Hate Crime in California, which contains statistics for 2016. The report notes that while hate crimes have decreased over the past decade, hate crime events increased 11.2% from 837 in 2015 to 931 in 2016. Specifically, hate crimes involving racial bias increased by 21.3%, those involving sexual orientation bias increased by 10.1, while those involving religious bias decreased by 10% (https://oag.ca.gov/sites/all/files/agweb/pdfs/cjsc/publications/hatecrimes/hc16/hc16.pdf p. 22.)

Analysis Prepared by: Sandy Uribe / PUB. S. / (916) 319-3744 FN: 0001580

SENATE THIRD READING

STR Bill Id:SB 630

Author:(Skinner)

As Amended Ver:April 20, 2017

Majority vote

SENATE VOTE: 22-14

SUMMARY: Requires a county using specified state financing for a jail or other specified criminal justice facility that is approved by the Board of State and Community Corrections (BSCC) after January 1, 2018, to certify that the county is not and will not be leasing housing capacity to any other public or private entity, except for leases with the state or another county, for a period of 10 years beyond the completion date of the project.

EXISTING LAW:

1. Authorizes the BSCC or the Department of Corrections and Rehabilitation (CDCR), a participating county, and the State Public Works Board to acquire, design, and construct an adult local criminal justice facility approved by the BSCC, or to acquire a site or sites owned by, or subject to a lease or option to purchase held by, a participating county.
2. States that an adult local criminal justice facility may include improved housing with an emphasis on expanding program and treatment space as necessary to manage the adult offender population under the jurisdiction of the sheriff or county department of corrections.
3. States that an adult local criminal justice facility may also include custodial housing, reentry, program, mental health, or treatment space necessary to manage the adult offender population under the jurisdiction of the sheriff or county department of corrections.
4. Specifies that BSCC may issue up to $270,000,000 in revenue bonds to finance the acquisition, design, and construction of approved adult local criminal justice facilities.
5. States that proceeds from the revenue bonds may be used to reimburse a participating county for the costs of acquisition, design, and construction for approved adult local criminal justice facilities.
6. Requires the participating county contribution for county jail facilities financed under this chapter to be a minimum of 10% 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.
7. Requires a participating county with a request resulting in any increase in capacity using this financing authority 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.
8. Requires BSCC to determine the funding and scoring criteria as specified. Financing must 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, as specified. Funding preference shall also be given to counties that are most prepared to proceed successfully with this financing in a timely manner.
9. Specifies that funding consideration must 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.
10. Specifies that 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.
11. Requires any locked facility constructed or renovated with state funding awarded under this program to 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.
12. Requires that any county applying for financing authority under this program to include a description of efforts to address sexual abuse in its adult local criminal justice facility constructed or renovated pursuant to this chapter.

FISCAL EFFECT: Unknown. This bill is keyed non-fiscal by the Legislative Counsel.

COMMENTS: According to the author, "SB 630 will ensure that state funds are not used to construct new county jail facilities that are leased to outside entities."

Analysis Prepared by: David Billingsley / PUB. S. / (916) 319-3744 FN: 0000957

Date of Hearing: June 13, 2017

Counsel: David Billingsley

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Reginald Byron Jones-Sawyer, Sr., Chair

SBPCA Bill Id:SB 630

Author:(Skinner) – As Amended Ver:April 20, 2017

SUMMARY:

Requires a county using specified state financing for a jail or other specified criminal justice facility that is approved by the Board of State and Community Corrections (BSCC) after January 1, 2018, to certify that the county is not and will not be leasing housing capacity to any other public or private entity, except for leases with the state or another county, for a period of 10 years beyond the completion date of the project.

EXISTING LAW:

1. Authorizes the BSCC or the Department of Corrections and Rehabilitation (CDCR), a participating county, and the State Public Works Board to acquire, design, and construct an adult local criminal justice facility approved by the BSCC, or to acquire a site or sites owned by, or subject to a lease or option to purchase held by, a participating county. (Gov. Code, § 15820.940, subd. (a).)
   
2. States that an adult local criminal justice facility may include improved housing with an emphasis on expanding program and treatment space as necessary to manage the adult offender population under the jurisdiction of the sheriff or county department of corrections. (Gov. Code, § 15820.94.)
   
3. States that an adult local criminal justice facility may also include custodial housing, reentry, program, mental health, or treatment space necessary to manage the adult offender population under the jurisdiction of the sheriff or county department of corrections. (Gov. Code, § 15820.94.)
   
4. Specifies that BSCC may issue up to $270,000,000 in revenue bonds to finance the acquisition, design, and construction of approved adult local criminal justice facilities. (Gov. Code, § 15820.942, subd. (a).)
   
5. States that proceeds from the revenue bonds may be used to reimburse a participating county for the costs of acquisition, design, and construction for approved adult local criminal justice facilities. (Gov. Code, § 15820.942, subd. (b).)
6. Requires the participating county contribution for county jail facilities financed under this chapter to 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. (Gov, Code, § 15820.946, subd. (a).)
   
7. Requires a participating county with a request resulting in any increase in capacity using this financing authority 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. (Gov. Code, § 15820.946, subd. (e).)
   
8. Requires BSCC to determine the funding and scoring criteria as specified. Financing must 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, as specified. Funding preference shall also be given to counties that are most prepared to proceed successfully with this financing in a timely manner. (Gov. Code, §15820.946, subd. (b).)
   
9. Specifies that funding consideration must 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. (Gov. Code, §15820.946, subd. (c).)
   
10. Specifies that 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. (Gov. Code, §15820.946, subd. (d).)
11. Requires any locked facility constructed or renovated with state funding awarded under this program to 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. (Gov. Code, §15820.946, subd. (f).)
    
12. Requires that any county applying for financing authority under this program to include a description of efforts to address sexual abuse in its adult local criminal justice facility constructed or renovated pursuant to this chapter. (Gov. Code, §15820.946, subd. (g).)

FISCAL EFFECT:

Unknown

COMMENTS:

1. Author's Statement: According to the author, "SB 630 will ensure that state funds are not used to construct new county jail facilities that are leased to outside entities.”
   
2. SB 844 (Committee on Budget and Fiscal Review), Chapter 34, Statutes of 2016, Prevents Counties Receiving Assistance From the State for Construction of a County Jail that Results in an Increase in Jail Capacity From Leasing Housing Capacity to any Other Public or Private entity for a Period of 10 years Beyond the Completion Date of the Jail: SB 844 (Committee on Budget and Fiscal Review), Chapter 34, Statutes of 2016, enacted provisions described authorizing the BSCC or the CDCR , the State Public Works Board, and a participating county, to acquire, design, and construct a county jail. SB 844 authorized 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 county jails. The bill established procedures for approving and funding these county jail projects.
   
   SB 844 requires that consideration 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.
   
   SB 844 specifies that a county participating in county jail financing may replace existing housing capacity, realizing only a minimal increase of capacity, using state financing if the requesting county clearly documents an existing housing capacity deficiency.
   
   SB 844 states that 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.
   
3. This Bill Would Prohibit a County from Leasing County Jail Capacity for 10 Years if a County Relied on State Assistance to Construct the Jail: This bill seeks to revise the criteria governing leasing of county jail facilities constructed with SB 844 funds. Existing law, pursuant to SB 844, prohibits counties that rely on state assistance to expand their county jail housing capacity from leasing space to private or public entities, other than the state or other counties. That prohibition includes leasing housing capacity for the purposes of holding individuals facing federal criminal charges or deportation proceedings.
   
   This bill would extend that prohibition to county jails that receive state assistance to build new county jail facilities which do not expand their housing capacity. Presumably, one intent of the Legislature in establishing a prohibition on leasing jail space when housing capacity was expanded was to avoid incentivizing counties to build larger county jails with state assistance and then potentially benefit from a revenue stream based on that increased capacity. Extending the prohibition on leasing to all county jail facilities built with state assistance will change the incentives set up by SB 844.
   

A prohibition on leasing county jail capacity, if a jail is built with state assistance and the jail does not increase capacity, does not make sense if the Legislature wants to allow counties the flexibility use county jail space in ways that might be more efficient than leaving capacity unused. If a county does manage to reduce their local county jail population, it is potentially an efficient use of county jail space to lease it to other entities that have a need for such space.

However, if the Legislature wants to ensure that counties do not receive any additional monetary benefits based on leasing jail space that was constructed with state assistance, then a prohibition on contracting out county jail space (whether or not expanding jail capacity) built with state assistance is consistent with that goal.

Some county jails in California lease housing space to federal authorities for individuals who are detained by federal authorities under federal law. Individuals housed in county jails who are in federal custody are generally individuals who have been detained pursuant to federal immigration law and are facing deportation proceedings or individuals pending trial on federal criminal charges.

If the Legislature finds that leasing housing capacity to hold federal criminal defendants or immigration detainees is not consistent with the values of the State of California, and the Legislature does not believe that there is any other legitimate reason to lease county jail capacity, then a prohibition on counties leasing county jail space built with state assistance would address those concerns.

1. Argument in Support: According to Richmond Mayor, Tom Butt, “I share your priorities for shifting the State’s approach to investments in crime prevention and reentry as opposed to the outdated overreliance on incarceration and expanding jail facilities. This bill is critical to supporting the goals and values held by our City, residents and our community’s crime prevention efforts.

“Our city that has made long-term commitments to addressing crime prevention through community policing and policies that protect all our residents regardless of immigration status. SB 630 helps safeguard our state resources from being re-directed for purposes that are counter to the State’s position on immigration. Allowing for a county to enhance jail housing capacity for the U.S. Immigration and Customs Enforcement or any other contract, undermines our state’s criminal justice reform priorities. This bill is an important step to ensure accountability for critical public funds so that they are not used to subsidize the federal government’s failed immigration policies.

“The state must reinforce spending priorities that support critical public services. The growing needs in communities like Richmond require that public funds be invested in advancing outcomes in education, community health and improving quality of life.”

1. Argument in Opposition: According to the California State Sheriffs’ Association, “SB 630 will keep counties from applying for, or receiving, this crucial funding by tightening restrictions on leasing beds to other entities. We are concerned about this bill for a number of reasons, chief among them, that it may keep counties in serious need of improving their jail facilities from accessing funds for which they are currently eligible. SB 844 was negotiated as part of last year’s budget and received overwhelming, bipartisan support in both houses. Counties are already limited to minimal increases in housing capacity and must focus on projects that replace compacted, outdated, or unsafe housing capacity and adds treatment space. While SB 844 contains a restriction on leasing beds, it only applies if the county is adding housing capacity. SB 630 expands this restriction to a county applying for SB 844 funding, even if the project results in no new net beds or a decrease in housing capacity.
   
   “These projects revolve around a desire and need to replace outdated facilities. SB 630 attempts to change the rules late in the process, after legislative and executive approval of the funding, submittal of county applications, and the commencement of the review of submitted proposals have all taken place. Counties have partnered with the state in good faith to address the shared challenges in our correction systems and SB 630 creates a serious impediment in the pathway toward improved correctional facilities.”
   
2. Related Legislation: SB 29 (Lara), would prohibit a city, county, or a local law enforcement agency from entering into, renewing, or extending the length of a contract with a private corporation, contractor, or vendor to detain immigrants in civil immigration proceedings for profit. SB 29 is awaiting hearing in the Assembly Judiciary Committee.
   
3. Prior Legislation:
   
   1. SB 844 (Committee on Budget and Fiscal Review), Chapter 34, Statutes of 2016, authorized up to $270,000,000 in revenue bonds for the construction county jails and local criminal justice facilities.
      
   2. SB 1289 (Lara), of the 2015-2016 Legislative Session, would have would prohibit a city, county, or a local law enforcement agency from entering into, renewing, or extending the length of a contract with a private corporation, contractor, or vendor to detain immigrants in civil immigration proceedings for profit. SB 1289 was vetoed by the Governor.

REGISTERED SUPPORT / OPPOSITION:

Support

Contra Costa County Supervisor, District One, John Gioia
Richmond Mayor, Tom Butt

Opposition

California State Association of Counties
California State Sheriffs’ Association
Rural County Representatives of California

Analysis Prepared by: David Billingsley / PUB. S. / (916) 319-3744

 THIRD READING  

Bill No: SB 630

Author:

:

Vote:

SENATE PUBLIC SAFETY COMMITTEE: 5-2, 4/25/17

AYES: Skinner, Bradford, Jackson, Mitchell, Wiener

NOES: Anderson, Stone

SUBJECT:

SOURCE: Author

DIGEST:

This bill requires that a county using the financing authority as described, for an adult local criminal justice facility proposal that is approved by the BSCC (Board of State and Community Corrections) on or after January 1, 2018, 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, except for leases with state or another county, for a period of 10 years beyond the completion date of the adult local criminal justice facility.

ANALYSIS:

Existing law:

1. Requires the participating county contribution for adult local criminal justice facilities financed under this chapter to 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. (Government Code § 15820.946(a).)
2. Requires, in Government Code Section 15820.946(b), BSCC to determine the funding and scoring criteria consistent with the requirements of this chapter. Financing must 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 specified. The funding criteria must 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 must 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 California Environmental Quality Act (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.
3. Specifies that funding consideration must 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. (Government Code §15820.946(c).)
4. Specifies that 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. (Government Code §15820.946(d).)
5. Requires that a participating county with a request resulting in any increase in capacity using this financing authority must 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. (Government Code §15820.946(e) [emphasis added].)
6. Requires that any locked facility constructed or renovated with state funding awarded under this program to 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. (Government Code §15820.946(f).)
7. Requires that any county applying for financing authority under this program to include a description of efforts to address sexual abuse in its adult local criminal justice facility constructed or renovated pursuant to this chapter. (Government Code §15820.946(g).)

This bill requires that a county using the financing authority described above, for an adult local criminal justice facility proposal that is approved by the BSCC on or after January 1, 2018, 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, except for leases with state or another county, for a period of 10 years beyond the completion date of the adult local criminal justice facility.

Comments

Existing law requires that a participating county with a request resulting in any increase in capacity must 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. This bill requires a county 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. This new subdivision does not prohibit the county from contracting with the State of California or other counties.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 4/26/17)

None received

OPPOSITION: (Verified 4/26/17)

None received

Prepared by: Jessica Devencenzi / PUB. S. /

4/28/17 13:15:04

**** END ****

SENATE COMMITTEE ON PUBLIC SAFETY

Senator Nancy Skinner, Chair

2017 - 2018 Regular

Bill No: SB 630 Hearing Date: April 25, 2017

Subject: Jails: Financing Bonds

HISTORY

Source: Author

Prior Legislation: AB 844 (Budget and Fiscal Review) Chap. 34, Stats. of 2016

Support: Unknown

Opposition: California State Sheriffs’ Association

PURPOSE

The purpose of this bill is require that a county using the financing authority described, for an adult local criminal justice facility proposal that is approved by the BSCC (Board of State and Community Corrections) on or after January 1, 2018, 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, except for leases with state or another county, for a period of 10 years beyond the completion date of the adult local criminal justice facility.

Existing law requires the participating county contribution for adult local criminal justice facilities financed under this chapter to 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. (Government Code § 15820.946(a).)

Existing law requires BSCC to determine the funding and scoring criteria consistent with the requirements of this chapter. Financing must 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 specified. The funding criteria must 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 must include the following:

• 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.
• 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.

(Government Code §15820.946(b).)

Existing law specifies that funding consideration must 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. (Government Code §15820.946(c).)

Existing law specifies that 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. (Government Code §15820.946(d).)

Existing law requires that a participating county with a request resulting in any increase in capacity using this financing authority must 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. (Government Code §15820.946(e) [emphasis added].)

Existing law requires that any locked facility constructed or renovated with state funding awarded under this program to 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. (Government Code §15820.946(f).)

Existing law requires that any county applying for financing authority under this program to include a description of efforts to address sexual abuse in its adult local criminal justice facility constructed or renovated pursuant to this chapter. (Government Code §15820.946(g).)

This bill would require that a county using the financing authority described above, for an adult local criminal justice facility proposal that is approved by the BSCC on or after January 1, 2018, 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, except for leases with state or another county, for a period of 10 years beyond the completion date of the adult local criminal justice facility.

COMMENTS

1. Need for Legislation

According to the author:

This bill is intended to ensure that state funds are not used to construct new county jail facilities that, in turn, are partially or completely leased to non-state and/or non-county entities.

2. Effect of this Legislation

Existing law requires that a participating county with a request resulting in any increase in capacity must 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. This legislation requires a county 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. This new subdivision does not prohibit the county from contracting with the State of California or other counties.

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