This law proposed by Assembly Bill 3116 (Statutes of 1996, Chapter 160) is submitted to the people in accordance with the provisions of Article XVI of the Constitution. This proposed law adds sections to the Penal Code; therefore, new provisions proposed to be added are printed in italic type to indicate that they are new.
PROPOSED LAW
SECTION 1. Title 4.95 (commencing with Section 4498) is added to Part 3 of the Penal Code, to read:
TITLE 4.95. YOUTHFUL AND ADULT OFFENDER
Chapter 1. General Provisions
Chapter 2. Program
Chapter 3. Fiscal Provisions
4498. This title shall be known and may be cited as the Youthful and Adult Offender Local
Facilities Bond Act of 1996.
4498.1. The Legislature finds and declares all of the following:
(a) It is the intent of the Legislature to provide funding for the capital construction of local facilities
for the treatment, rehabilitation, and punishment of juvenile offenders. Counties do not have
sufficient options for providing a continuum of care for juvenile offenders that provides for all of
the following:
(1) Effecting swift, certain, and effective correctional treatment and penalties for all juvenile
offenders.
(2) Treating offenders whose criminality results from substance abuse or mental disorders.
(3) Requiring community service when appropriate.
(4) Ensuring appropriate supervision in secure and nonsecure settings.
(5) Promoting integrated service provisions for governmental and community-based organizations.
(6) Providing alternatives to commitment to the Youth Authority.
(b) Public safety is a primary function and consideration of government. As evidenced by the
overwhelming support for Proposition 184, the ''Three Strikes Initiative," on the November 8,
1994, general election ballot, the people of the State of California are demanding that violent,
serious, and repeat felons be incarcerated with longer sentences. The passage of Proposition 184 is
expected to adversely impact the capacity of local correctional facilities, creating a serious safety
risk.
(c) Numerous county adult and juvenile facilities throughout California are dilapidated and
overcrowded, and expansion of available bed capacity is critical. Capital improvements are
necessary to protect the life and safety of persons confined or employed in these facilities, and to
upgrade health and sanitary conditions to avoid threatened closures or the imposition of
court-ordered sanctions.
4498.2. As used in this title, the following terms have the following meanings:
(a) ''Committee" means the 1996 Youthful and Adult Offender Local Facilities Bond Finance
Committee created pursuant to Section 4499.
(b) ''Fund" means the 1996 Youthful Offender Local Facilities Bond Fund or the 1996 Adult
Offender Local Facilities Bond Fund, created pursuant to Section 4498.3.
4498.3. Of the proceeds of bonds issued and sold pursuant to this title, three hundred fifty million
dollars ($350,000,000) shall be deposited in the 1996 Youthful Offender Local Facilities Bond
Fund, which is hereby created, and three hundred fifty million dollars ($350,000,000) shall be
deposited in the 1996 Adult Offender Local Facilities Bond Fund, which is hereby created.
4498.4. (a) Moneys in the 1996 Youthful Offender Local Facilities Bond Fund shall be used for
the construction, renovation to increase or maintain capacity, remodeling, and replacement of local
facilities for the treatment, rehabilitation, and punishment of juvenile offenders, and may be used
for capital improvements, rehabilitation, or renovation performed by local juvenile community
service work crews. Up to 1½
percent of moneys in the fund may be used by the Board of Corrections for administration of this
title.
(b) In order to be eligible to receive money for the purposes specified in this section, a county shall
apply in the manner and form prescribed by the Board of Corrections.
(c) Allocation of funds shall be subject to future appropriation by the Legislature, and shall be
made based on the following criteria:
(1) County matching funds of at least 25 percent are provided as determined by the Legislature,
except that this requirement may be modified or waived by the Legislature by statute where it
determines that it is necessary to facilitate the expeditious and equitable construction of local
correctional facilities. The greater the percentage of matching funds that a county provides, the
higher priority the county shall be given for allocation of moneys.
(2) The county, or a group of counties acting together, has developed a plan that identifies the
county continuum of care model for prevention, intervention, supervision, treatment, and detention
of juvenile offenders. The plan shall identify how the county will maximize all funding sources
(local criminal justice, local social services, federal and state programs, and education) for
providing appropriate services for juvenile offenders. The plan shall demonstrate that the county
has utilized, to the greatest extent practicable, alternatives to detention. The plan also shall identify
the capital needs for fully providing the services outlined in the county model.
(d) Counties that have begun to plan, construct, or renovate facilities after January 1, 1995, but
prior to the enactment of this title, remain eligible to receive state matching funds.
(e) Counties that contract with private providers for treatment or other services for offenders are
eligible to apply for moneys from the fund.
4498.5. (a) Moneys in the 1996 Adult Offender Local Facilities Bond Fund shall be used for the
construction, renovation to increase or maintain capacity, remodeling, and replacement of local
facilities for the treatment, rehabilitation, and punishment of adult
offenders. Up to 1½
percent of moneys in the fund may be used by the Board of Corrections for administration of this
title.
(b) In order to be eligible to receive money for the purposes specified in this section, a county shall
apply in the manner and form prescribed by the Board of Corrections.
(c) Allocation of funds shall be subject to future appropriation by the Legislature, and shall be
made based on the following criteria:
(1) County matching funds of at least 25 percent are provided as determined by the Legislature,
except that this requirement may be modified or waived by the Legislature by statute where it
determines that it is necessary to facilitate the expeditious and equitable construction of local
correctional facilities. The greater the percentage of matching funds that a county provides, the
higher priority the county shall be given for allocation of moneys.
(2) The county, or a group of counties acting together, has developed a plan that identifies the
county continuum of care model for prevention, intervention, supervision, treatment, and
incarceration of adult offenders. The plan shall identify how the county will maximize all funding
sources (local criminal justice, local social services, federal and state programs, and education) for
providing appropriate services for adult offenders. The plan shall demonstrate that the county has
utilized, to the greatest extent practicable, alternatives to jail incarceration. The plan also shall
identify the capital needs for fully providing the services outlined in the county model.
(d) Counties that have begun to plan, construct, or renovate facilities after January 1, 1995, but
prior to the enactment of this title, remain eligible to receive state matching funds.
(e) Counties that contract with private providers for treatment or other services for offenders are
eligible to apply for moneys from the fund.
4498.6. (a) The Youthful and Adult Offender Local Facilities Financing Authority is hereby
created in the Board of Corrections. The composition of the authority shall be identified in future
legislation. The authority shall evaluate plans prepared pursuant to paragraph (2) of subdivision (c)
of Section 4498.4 and paragraph (2) of subdivision (c) of Section 4498.5, approve funding, and
administer funds appropriated as specified in subdivision (c) of Section 4498.4 and subdivision (c)
of Section 4498.5. Staff support to the authority shall be performed by existing Board of
Corrections staff. In addition, the authority may allocate any state and federal juvenile justice grant
funds that are appropriated to it by the Legislature.
(b) The Board of Corrections shall not be deemed a responsible agency, as defined in Section
21069 of the Public Resources Code, or otherwise be subject to the California Environmental
Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) for any
activities undertaken or funded pursuant to this title. This subdivision does not exempt any local
agency from the requirements of the California Environmental Quality Act.
4498.7. Money in the funds may only be expended for projects specified in this title as allocated
in appropriations made by the Legislature.
4498.8. Bonds in the total amount of seven hundred million dollars ($700,000,000), exclusive of
refunding bonds, or so much thereof as is necessary, may be issued and sold to provide funds 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.
4498.9. 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 title and are hereby incorporated in this title as
though set forth in full in this title.
4499. (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 1996 Youthful and Adult
Offender Local Facilities Bond Finance Committee is hereby created. For purposes of this title, the
1996 Youthful and Adult Offender Local Facilities Bond Finance Committee is ''the committee" as
that term is used in the State General Obligation Bond Law. The committee consists of the
Controller, the Treasurer, the Director of Finance, and the Chair of the Board of Corrections, or
their designated representatives. The Treasurer shall serve as chairperson of the committee. A
majority of the committee may act for the committee.
(b) For purposes of the State General Obligation Bond Law, the Youthful and Adult Offender
Local Facilities Financing Authority in the Board of Corrections is designated the ''board."
4499.1. The committee shall determine whether or not it is necessary or desirable to issue bonds
authorized pursuant to this title in order to carry out the actions specified in Sections 4498.4 and
4498.5 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.
4499.2. 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 that is necessary to collect that additional sum.
4499.3. Notwithstanding Section 13340 of the Government Code, there is hereby appropriated
from the General Fund in the State Treasury, for the purposes of this title, 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 title, as the principal and interest become due and payable.
(b) The sum which is necessary to carry out the provisions of Section 4499.4, appropriated
without regard to fiscal years.
4499.4. 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 that have been authorized by the committee to be sold for the purpose of carrying
out this title. Any amounts withdrawn shall be deposited in the funds created in Section 4498.3.
Any money made available under this section shall be returned to the General Fund, plus an
amount equal to the interest the money would have earned in the Pooled Money Investment
Account, from money received from the sale of bonds for the purpose of carrying out this title.
4499.5. All money deposited in the funds that 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.
4499.6. The bonds may be refunded in accordance with Article 6 of the State General Obligation
Bond Law.
4499.7. 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 purpose of carrying out this title. The amount of the request shall not exceed the amount of
the unsold bonds that the committee has, by resolution, authorized to be sold for the purpose of
carrying out this title. The board shall execute those documents 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 title.
4499.8. Notwithstanding any other provision of this title, or of the State General Obligation Bond
Law, if the Treasurer sells bonds that include a bond counsel opinion to the effect that the interest
on the bonds is excluded from gross income for federal tax purposes subject to designated
conditions, the Treasurer may maintain separate accounts for the bond proceeds invested and for
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 that is 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.
4499.9. 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 XIII B of
the California Constitution, the disbursement of these proceeds is not subject to the limitations
imposed by that article.