Cal. Code Regs. tit. 15 § 1751

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 1751 - General County Requirements

(a) Pursuant to California Government Code Sections 15820.901, 15820.911, 15820.92, 15820.930, and 15820.940, a participating county may acquire, design, and construct the local jail in accordance with its local contracting authority.

(b) Pursuant to California Government Code Sections 15820.901, 15820.911, 15820.92, 15820.930, and 15820.940, a participating county may assign an inspector during the construction of the project, notwithstanding California Government Code Section 14951.

(c) Pursuant to California Government Code Sections 15820.901, 15820.911, 15820.92, 15820.930, and 15820.940, the participating county is the lead agency responsible for compliance with the California Environmental Quality Act.

(d) With the consent of the Board, the CDCR and a participating county are authorized to enter into leases, subleases, contracts, or other agreements pursuant to California Government Code Sections 15820.905 and 15820.915. With the consent of the Board, the BSCC or CDCR and a participating county are authorized to enter into leases, subleases, contracts, or other agreements pursuant to California Government Code Sections 15820.924, 15820.934 and 15820.944.

(e) In all agreements related to this program, the participating county shall indemnify, defend, and hold harmless the State of California for any and all claims and losses accruing and resulting from or arising out of the participating county's acquisition, design, construction, operation, maintenance, use and occupancy of the local jail facility or Adult Local Criminal Justice Facility.

Cal. Code Regs. Tit. 15, § 1751

1. New 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Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-14-2008 or emergency language will be repealed by operation of law on the following day.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 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Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 10-14-2008 or emergency language will be repealed by operation of law on the following day.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 subsection (e) 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 subsection (e) 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 subsections (b)-(e) and amendment of NOTE 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 subsections (b)-(e) and amendment of NOTE 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).
10. Amendment of subsections (b)-(d) and amendment of NOTE filed 6-18-2015 as an emergency; operative 6-18-2015 (Register 2015, No. 25). A Certificate of Compliance must be transmitted to OAL by 12-15-2015 or emergency language will be repealed by operation of law on the following day.
11. Certificate of Compliance as to 6-18-2015 order transmitted to OAL 11-13-2015 and filed 12-24-2015 (Register 2015, No. 52).
12. Amendment of subsections (b) and (c) and amendment of NOTE 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.
13. Amendment of subsections (b) and (c) and amendment of NOTE 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.
14. Certificate of Compliance as to 6-28-2017 order, including amendment of subsections (a) and (d), transmitted to OAL 9-22-2017 and filed 11-3-2017; amendments operative 11-3-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 44).

Note: Authority cited: Sections 15820.906, 15820.916, 15820.925, 15820.935 and 15820.945, Government Code; and Section 6030, Penal Code. Reference: Sections 15820.901, 15820.905, 15820.911, 15820.915, 15820.92, 15820.924, 15820.930, 15820.934, 15820.940 and 15820.944, Government Code.