Cal. Code Regs. tit. 15 § 1712

Current through Register 2024 Notice Reg. No. 41, October 11, 2024
Section 1712 - Eligibility Requirements for Phase I
(a) To be eligible for participation in Phase I of the Local Jail Construction Financing Program, a county shall:
(1) Submit the required proposal described in Section 1730 of these regulations;
(2) Complete or update a needs assessment study as prescribed in Section 1731 of these regulations;
(3) Provide match as specified in Section 1714 of these regulations;
(4) Provide a copy of a signed Board of Supervisors' resolution agreeing to assist the State in siting a reentry facility in their county, pursuant to Penal Code Section 6270, if applicable; and/or,
(5) Provide a copy of a signed Board of Supervisors' resolution agreeing to assist the State in siting mental health day treatment, crisis care, and/or a continuum of care for parolees in their county, pursuant to Penal Code Section 3073, if applicable.
(b) If the conditions in subsection (a) of this regulation are met counties may apply for reimbursement for the following:
(1) Costs of construction of the BSCC-approved local jail facility project including site preparation, fixed equipment and fixed furnishings, and installation of fixed equipment and fixed furnishings necessary for the operation of the facility, not to exceed seventy five percent (75%) of the total project costs. Costs in excess of these levels, including higher than expected construction bids, unanticipated costs, cost overruns, and costs of moveable equipment and moveable furnishings, 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; construction management; architectural programming and design; environmental reports; soil and/or water contamination assessment/mitigation; excavation of burial sites; moveable equipment and moveable furnishings; public art; off-site costs including access roads, power generation and utilities development; costs attributable to county building permit fees and/or building code inspection fees; supplies; bonus payments; and debt service or interest payments on indebtedness required to finance the county's share of project costs.

Cal. Code Regs. Tit. 15, § 1712

1. New article 2 (sections 1712-1714) and section filed 2-4-2008 as an emergency; operative 2-4-2008 (Register 2008, No. 6). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-14-2008 or emergency language will be repealed by operation of law on the following day.
2. New article 2 (sections 1712-1714) and section refiled 7-14-2008 as an emergency; operative 7-14-2008 (Register 2008, No. 29). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 10-14-2008 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 7-14-2008 order transmitted to OAL 10-14-2008 and filed 11-26-2008 (Register 2008, No. 48).
4. Amendment of section heading, subsections (a), (b), (c) and (c)(2) and amendment of NOTE filed 12-5-2011 as an emergency; operative 12-5-2011 (Register 2011, No. 49). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 5-14-2012 or emergency language will be repealed by operation of law on the following day.
5. Amendment of section heading, subsections (a), (b), (c) and (c)(2) and amendment of NOTE refiled 6-26-2012 as an emergency; operative 6-26-2012 (Register 2012, No. 26). A Certificate of Compliance must be transmitted to OAL by 9-24-2012 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 6-26-2012 order transmitted to OAL 8-27-2012 and filed 9-25-2012 (Register 2012, No. 39).
7. Amendment of subsection (b)(1) filed 1-9-2014 as an emergency; operative 1-9-2014 (Register 2014, No. 2). A Certificate of Compliance must be transmitted to OAL by 7-8-2014 or emergency language will be repealed by operation of law on the following day.
8. Amendment of subsection (b)(1) refiled 7-7-2014 as an emergency; operative 7-7-2014 (Register 2014, No. 28). A Certificate of Compliance must be transmitted to OAL by 10-6-2014 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 7-7-2014 order transmitted to OAL 9-29-2014 and filed 11-6-2014 (Register 2014, No. 45).

Note: Authority cited: Section 15820.906, Government Code; and Section 6030, Penal Code. Reference: Sections 15820.901 15820.906 and 15820.907, Government Code; and Sections 3073 and 6270, Penal Code.

1. New article 2 (sections 1712-1714) and section filed 2-4-2008 as an emergency; operative 2-4-2008 (Register 2008, No. 6). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-14-2008 or emergency language will be repealed by operation of law on the following day.
2. New article 2 (sections 1712-1714) and section refiled 7-14-2008 as an emergency; operative 7-14-2008 (Register 2008, No. 29). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 10-14-2008 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 7-14-2008 order transmitted to OAL 10-14-2008 and filed 11-26-2008 (Register 2008, No. 48).
4. Amendment of section heading, subsections (a), (b), (c) and (c)(2) and amendment of Note filed 12-5-2011 as an emergency; operative 12-5-2011 (Register 2011, No. 49). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 5-14-2012 or emergency language will be repealed by operation of law on the following day.
5. Amendment of section heading, subsections (a), (b), (c) and (c)(2) and amendment of Note refiled 6-26-2012 as an emergency; operative 6-26-2012 (Register 2012, No. 26). A Certificate of Compliance must be transmitted to OAL by 9-24-2012 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 6-26-2012 order transmitted to OAL 8-27-2012 and filed 9-25-2012 (Register 2012, No. 39).
7. Amendment of subsection (b)(1) filed 1-9-2014 as an emergency; operative 1-9-2014 (Register 2014, No. 2). A Certificate of Compliance must be transmitted to OAL by 7-8-2014 or emergency language will be repealed by operation of law on the following day.
8. Amendment of subsection (b)(1) refiled 7-7-2014 as an emergency; operative 7-7-2014 (Register 2014, No. 28). A Certificate of Compliance must be transmitted to OAL by 10-6-2014 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 7-7-2014 order transmitted to OAL 9-29-2014 and filed 11/6/2014 (Register 2014, No. 45).