reglab/statecodes huggingface dataset:
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 7 - Local Youthful Offender Rehabilitative Facility Construction Financing Program › Article 2 - Eligibility Requirements › Section 1814 - Matching Fund Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Participating county matching funds for projects proposed to be financed under
					 these regulations shall be a minimum of twenty-five percent (25%) of the total
					 project costs pursuant to Welfare and Institutions Code Section
					 1976.
(b) The BSCC may reduce matching fund
					 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
					 matching funds pursuant to Welfare and Institutions Code Section
					 1976.
(c) Cash match must be at least 10 percent
					 (10%) of total eligible project costs for large counties and at least 5 percent
					 (5%) of total eligible project costs for medium and small counties.
(d) Expenditures eligible as cash match shall
					 include those for:
(1) Costs of construction
					 of the BSCC, CDCR and Board-approved local youthful offender rehabilitative
					 facility project;
(2) Architectural
					 programming and design by consultants or contractors;
(3) Preparation of full or focused
					 environmental reports by consultants or contractors;
(4) Construction management by consultants or
					 contractors;
(5) Costs of real
					 estate due diligence, State Fire Marshal fees, and fees associate with other
					 necessary state services (item(s) eligible for Round Two projects only);
					 and
(6) Costs to audit the state
					 bond financed project by consultants or contractors (item(s) eligible for Round
					 Two projects only).
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 7 - Local Youthful Offender Rehabilitative Facility Construction Financing Program › Article 3 - Proposal to Participate in Local Youthful Offender Rehabilitative Facility Construction Financing Program › Section 1830 - Proposal for Round One

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The proposal will be submitted on the 2007 Local Youthful Offender
					 Rehabilitative Facility Construction Financing Program Proposal Form, dated
					 July 15, 2008, attached to the Request for Proposals Construction, Expansion or
					 Renovation of County Juvenile Halls and Camps and incorporated into these
					 regulations by reference herein. This is an interactive form to be completed by
					 counties electronically, printed and submitted as the project proposal along
					 with other required documents as attachments. The form can be accessed through
					 the BSCC's website at
http://www.bscc.ca.gov
. It is also
					 available to the public upon request directly from the BSCC's business office
					 in Sacramento, CA.
(b) Proposals
					 shall consist of, but not be limited to, the following:
(1) A signed Board of Supervisors' resolution
					 authorizing submission of the proposal for financing with designated state bond
					 financing;
(2) A description of the
					 project need;
(3) An estimated
					 budget for the project, which must identify the amount of state bond financing
					 requested and the local match to be provided; and,
(4) A description of the proposed scope of
					 work for the project including project impact, (i.e., number of beds to be
					 added if any; and how renovation will improve the facility,) a construction and
					 administrative work plan, and an estimated timetable for completion of major
					 phases of the project.
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 7 - Local Youthful Offender Rehabilitative Facility Construction Financing Program › Article 3 - Proposal to Participate in Local Youthful Offender Rehabilitative Facility Construction Financing Program › Section 1830.1 - Proposal for Round Two

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Proposals shall consist of, but not be limited to, the following:
(1) A signed Board of Supervisors' resolution
					 authorizing submission of the proposal for financing with designated state bond
					 financing, including the set aside of matching funds;
(2) A description of the project
					 need;
(3) Documentation evidencing
					 compliance with the California Environmental Quality Act, or status of CEQA
					 certification including a Notice of Determination or Notice of
					 Exemption;
(4) An estimated budget
					 for the project, which must identify the amount of state bond financing
					 requested and the local match to be provided; and,
(5) A description of the proposed scope of
					 work for the project including project impact, (e.g., number of beds to be
					 added, if any; how renovation will improve the facility) a construction and
					 administrative work plan, and an estimated timetable for completion of major
					 phases of the project.
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 7 - Local Youthful Offender Rehabilitative Facility Construction Financing Program › Article 3 - Proposal to Participate in Local Youthful Offender Rehabilitative Facility Construction Financing Program › Section 1831 - Needs Assessment Study

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any county or regional consortium of counties intending
						to construct a local youthful offender rehabilitative facility or expand the
						rated capacity of a current facility shall complete a needs assessment study
						pursuant to Title 24, CCR, Part 1, Chapter 13, Section
						13-201(c)2. The
						needs assessment study shall be submitted with the proposal.
1. New
						section filed 2-2-2009 as an emergency; operative 2-2-2009 (Register 2009, No.
						6). A Certificate of Compliance must be transmitted to OAL by 7-13-2009 or
						emergency language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 2-2-2009 order transmitted
						to OAL 7-8-2009 and filed 8-18-2009 (Register 2009, No. 34).
3.
						Amendment filed 8-14-2014 as an emergency; operative 8-14-2014 (Register 2014,
						No. 33). A Certificate of Compliance must be transmitted to OAL by 2-10-2015 or
						emergency language will be repealed by operation of law on the following
						day.
4. Amendment refiled 3-16-2015 as an emergency; operative
						3-18-2015 pursuant to Government Code section
						11346.1(d)
						(Register 2015, No. 12). A Certificate of Compliance must be transmitted to OAL
						by 6-16-2015 or emergency language will be repealed by operation of law on the
						following day.
5. Certificate of Compliance as to 3-16-2015 order
						transmitted to OAL 6-11-2015 and filed 7-15-2015 (Register 2015, No.
						29).
Note: Authority cited: Section
						  6030, Penal
						  Code; and Section
						  1975,
						  Welfare and Institutions Code. Reference: Section
						  1975,
						  Welfare and Institutions Code.
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 7 - Local Youthful Offender Rehabilitative Facility Construction Financing Program › Article 3 - Proposal to Participate in Local Youthful Offender Rehabilitative Facility Construction Financing Program › Section 1840 - Round One Proposal Evaluation Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Pursuant to Welfare and Institutions Code Section
						1975,
						the criteria by which the proposals shall be rated shall include the
						following:
(a) Approach to the
					 rehabilitation of juvenile offenders;
(b) Documentation of need for the
					 project;
(c) Relationship between
					 construction plan and rehabilitation of juvenile offenders;
(d) Detention alternatives;
(e) Scope of work and project
					 impact;
(f) Administrative work
					 plan;
(g) Cost effectiveness/budget
					 review;
(h) Overall quality of
					 written proposal;
(i) Cash match;
					 and,
(j) Proposed regional
					 facilities.
1. New
						section filed 2-2-2009 as an emergency; operative 2-2-2009 (Register 2009, No.
						6). A Certificate of Compliance must be transmitted to OAL by 7-13-2009 or
						emergency language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 2-2-2009 order transmitted
						to OAL 7-8-2009 and filed 8-18-2009 (Register 2009, No. 34).
3.
						Amendment of section heading filed 8-14-2014 as an emergency; operative
						8-14-2014 (Register 2014, No. 33). A Certificate of Compliance must be
						transmitted to OAL by 2-10-2015 or emergency language will be repealed by
						operation of law on the following day.
4. Amendment of section
						heading refiled 3-16-2015 as an emergency; operative 3-18-2015 pursuant to
						Government Code section
						11346.1(d)
						(Register 2015, No. 12). A Certificate of Compliance must be transmitted to OAL
						by 6-16-2015 or emergency language will be repealed by operation of law on the
						following day.
5. Certificate of Compliance as to 3-16-2015 order
						transmitted to OAL 6-11-2015 and filed 7-15-2015 (Register 2015, No.
						29).
Note: Authority cited: Section
						  6030, Penal
						  Code; and Section
						  1975,
						  Welfare and Institutions Code. Reference: Section
						  1975,
						  Welfare and Institutions Code.
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 7 - Local Youthful Offender Rehabilitative Facility Construction Financing Program › Article 3 - Proposal to Participate in Local Youthful Offender Rehabilitative Facility Construction Financing Program › Section 1840.1 - Round Two Proposal Evaluation Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Pursuant to California Welfare and Institutions Code
						Section
						1975,
						the factors by which proposals will be assessed shall include the
						following:
(a) The proposed
					 project;
(b) Need for new and/or
					 renovated facility and/or program space;
(c) Method of youthful offender
					 rehabilitation;
(d) Cost
					 effectiveness;
(e) Readiness to
					 proceed;
(f) Administrative work
					 plan; and,
(g) Overall project
					 evaluation.
1. New
						section filed 8-14-2014 as an emergency; operative 8-14-2014 (Register 2014,
						No. 33). A Certificate of Compliance must be transmitted to OAL by 2-10-2015 or
						emergency language will be repealed by operation of law on the following
						day.
2. New section refiled 3-16-2015 as an emergency; operative
						3-18-2015 pursuant to Government Code section
						11346.1(d)
						(Register 2015, No. 12). A Certificate of Compliance must be transmitted to OAL
						by 6-16-2015 or emergency language will be repealed by operation of law on the
						following day.
3. Certificate of Compliance as to 3-16-2015 order
						transmitted to OAL 6-11-2015 and filed 7-15-2015 (Register 2015, No.
						29).
Note: Authority cited: Section
						  6030, Penal
						  Code; and Section
						  1975,
						  Welfare and Institutions Code. Reference: Section
						  1975,
						  Welfare and Institutions Code.
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 7 - Local Youthful Offender Rehabilitative Facility Construction Financing Program › Article 3 - Proposal to Participate in Local Youthful Offender Rehabilitative Facility Construction Financing Program › Section 1847 - Steps to Proceed with Construction for Design-Bid-Build Projects

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Prior to a participating county receiving state bond financing, the BSCC shall
					 ensure that the county is ready to proceed with the design-bid-build process. A
					 participating county shall be deemed ready to proceed with the design-bid-build
					 process when it has done all of the following:
(1) Met all the requirements in the proposal
					 pursuant to Section
					 1830 of these regulations for
					 Round One, and Section
					 1830.1 for Round Two;
(2) As required in Section
					 1849, obtained compliance with the
					 operational and physical plant requirements in the Minimum Standards for Local
					 Juvenile Facilities in Title 15, CCR, Division 1, Chapter 1, Subchapter 5 and
					 Title 24, CCR, Part 1, Chapter 13, Section
					 13-201 and Part 2, Volume 1,
					 Chapter 12, Section
					 1230 and the fire and life safety
					 requirements in Title 24, CCR, Part 2, Volume 1, Chapter 4, Section
					 408;
(3) Obtained confirmation that CDCR has
					 received the following:
(A) Establishment of
					 the scope, cost, and schedule of the project by the Board;
(B) Approval of preliminary plans by the
					 Board;
(C) Approval of working
					 drawings by the Board;
(D) Approval
					 of proceed to bid by the Board; and,
(E) Approval of design-bid-build bid award by
					 the Board.
(4) Filed with
					 the BSCC a schedule of values of expected state reimbursements, cash match, and
					 in-kind match and other budget items, along with a construction schedule,
					 project management plan, and names, roles and contact information of key county
					 personnel;
(5) Filed with the BSCC
					 a financial plan detailing arrangements to provide its portion of project
					 costs, including reserves for cash flow, source of matching funds, and a
					 schedule of anticipated match expenditure that is at least proportional to the
					 expenditure of costs that are proposed to be reimbursed by the state;
(6) Filed with the BSCC a statement citing
					 any exemptions from federal laws, state or local laws, regulations, ordinances,
					 standards, or requirements;
(7)
					 Filed with the BSCC documentation of California Environmental Quality Act
					 compliance; and,
(8) Filed with the
					 BSCC a written certification, that the county has control of the site, either
					 through fee-simple ownership or comparable long-term possession, and right of
					 access to the facility sufficient to assure undisturbed use and
					 possession.
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 7 - Local Youthful Offender Rehabilitative Facility Construction Financing Program › Article 3 - Proposal to Participate in Local Youthful Offender Rehabilitative Facility Construction Financing Program › Section 1848 - Requirements for the Project Delivery and Construction Agreement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The project delivery and construction agreement between
						the Board, CDCR, the BSCC, and a participating county shall be executed after
						the Board establishes the scope, cost, and schedule of the project. The project
						delivery and construction agreement shall include the roles, responsibilities
						and performance expectations of the parties.
1. New
						section filed 2-2-2009 as an emergency; operative 2-2-2009 (Register 2009, No.
						6). A Certificate of Compliance must be transmitted to OAL by 7-13-2009 or
						emergency language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 2-2-2009 order transmitted
						to OAL 7-8-2009 and filed 8-18-2009 (Register 2009, No. 34).
3.
						Amendment filed 8-14-2014 as an emergency; operative 8-14-2014 (Register 2014,
						No. 33). A Certificate of Compliance must be transmitted to OAL by 2-10-2015 or
						emergency language will be repealed by operation of law on the following
						day.
4. Amendment refiled 3-16-2015 as an emergency; operative
						3-18-2015 pursuant to Government Code section
						11346.1(d)
						(Register 2015, No. 12). A Certificate of Compliance must be transmitted to OAL
						by 6-16-2015 or emergency language will be repealed by operation of law on the
						following day.
5. Certificate of Compliance as to 3-16-2015 order
						transmitted to OAL 6-11-2015 and filed 7-15-2015 (Register 2015, No.
						29).
Note: Authority cited: Section
						  6030, Penal
						  Code; and Section
						  1975,
						  Welfare and Institutions Code. Reference: Sections
						  1971
						  and
						  1974,
						  Welfare and Institutions Code.
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 7 - Local Youthful Offender Rehabilitative Facility Construction Financing Program › Article 3 - Proposal to Participate in Local Youthful Offender Rehabilitative Facility Construction Financing Program › Section 1848.5 - Requirements for the Board of State and Community Corrections Agreement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The agreement between the BSCC and the participating
						county shall be executed concurrently, or as concurrently as practicable, with
						the execution of the project delivery and construction agreement. The agreement
						shall include the roles and responsibilities of the participating county and
						the BSCC as it relates to the oversight of the project.
1. New
						section filed 8-14-2014 as an emergency; operative 8-14-2014 (Register 2014,
						No. 33). A Certificate of Compliance must be transmitted to OAL by 2-10-2015 or
						emergency language will be repealed by operation of law on the following
						day.
2. New section refiled 3-16-2015 as an emergency; operative
						3-18-2015 pursuant to Government Code section
						11346.1(d)
						(Register 2015, No. 12). A Certificate of Compliance must be transmitted to OAL
						by 6-16-2015 or emergency language will be repealed by operation of law on the
						following day.
3. Certificate of Compliance as to 3-16-2015 order,
						including further amendment of section, transmitted to OAL 6-11-2015 and filed
						7-15-2015; amendments effective 7-15-2015 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2015, No. 29).
Note: Authority cited: Section
						  6030, Penal
						  Code; and Section
						  1975,
						  Welfare and Institutions Code. Reference: Sections
						  1971
						  and
						  1974,
						  Welfare and Institutions Code.
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 7 - Local Youthful Offender Rehabilitative Facility Construction Financing Program › Article 3 - Proposal to Participate in Local Youthful Offender Rehabilitative Facility Construction Financing Program › Section 1850 - Operational Program Statement/Staffing Plan/Operating Cost Analysis for Design-Bid-Build Projects

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Pursuant to Title 24, CCR, Part 1, Chapter 13, Section
					 13-201(c)3., an
					 operational program statement for design-bid-build projects shall be submitted
					 with the schematic design drawings and specifications.
(b) At the time the county submits the design
					 development plans and specifications for review and approval with respect to a
					 design-bid-build project, it shall also submit a preliminary staffing plan,
					 along with an analysis of other anticipated operating costs, for the facility.
					 At a minimum, this plan shall include the following:
(1) Staffing requirements under the proposed
					 design capacity;
(2) Shift and post
					 identification of staff for the proposed facility, delineated by custody and
					 support staff;
(3) Transition team
					 costs;
(4) Analysis of a thirty
					 (30) year lifecycle operating costs and maintenance and energy costs for the
					 proposed facility; and,
(5)
					 Identification of, and revenue sources for, sufficient county funds needed to
					 support the staffing levels and operating costs for the proposed
					 facility.
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 7 - Local Youthful Offender Rehabilitative Facility Construction Financing Program › Article 3 - Proposal to Participate in Local Youthful Offender Rehabilitative Facility Construction Financing Program › Section 1850.1 - Operational Program Statement/Staffing Plan/Operating Cost Analysis for Design-Build Projects

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 At the time the county submits the performance criteria or performance criteria
					 and concept drawings for review and approval with respect to a design-build
					 project, it shall also submit an operational program statement, and a
					 preliminary staffing plan, along with an analysis of other anticipated
					 operating costs, for the facility. At a minimum, this plan shall include the
					 following:
(1) Staffing requirements under
					 the proposed design capacity;
(2)
					 Shift and post identification of staff for the proposed facility, delineated by
					 custody and support staff;
(3)
					 Transition team costs;
(4) Analysis
					 of a thirty (30) year lifecycle operating costs and maintenance and energy
					 costs for the proposed facility; and
(5) Identification of, and revenue sources
					 for, sufficient county funds needed to support the staffing levels and
					 operating costs for the proposed facility.
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 7 - Local Youthful Offender Rehabilitative Facility Construction Financing Program › Article 3 - Proposal to Participate in Local Youthful Offender Rehabilitative Facility Construction Financing Program › Section 1852 - Ground Lease

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
					 ground lease between the participating county and CDCR, with Board consent,
					 will be entered into after the county has entered into the project delivery and
					 construction agreement and the Board has determined the site is adequate for
					 purposes of financing in accordance with Welfare and Institutions Code Section
					 1971(a).
(b) An easement (documented in a separate
					 easement agreement) over adjacent county property for project access, utilities
					 and repairs may also be required at the time the ground lease is
					 initiated.
(c) Attached to the
					 ground lease will be a legal description of the site.
(d) The ground lease shall not be terminated
					 as long as the lease-revenue bonds are outstanding, even in the event of
					 default.
1. New
						section filed 2-2-2009 as an emergency; operative 2-2-2009 (Register 2009, No.
						6). A Certificate of Compliance must be transmitted to OAL by 7-13-2009 or
						emergency language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 2-2-2009 order transmitted
						to OAL 7-8-2009 and filed 8-18-2009 (Register 2009, No. 34).
3.
						Amendment filed 8-14-2014 as an emergency; operative 8-14-2014 (Register 2014,
						No. 33). A Certificate of Compliance must be transmitted to OAL by 2-10-2015 or
						emergency language will be repealed by operation of law on the following
						day.
4. Amendment refiled 3-16-2015 as an emergency; operative
						3-18-2015 pursuant to Government Code section
						11346.1(d)
						(Register 2015, No. 12). A Certificate of Compliance must be transmitted to OAL
						by 6-16-2015 or emergency language will be repealed by operation of law on the
						following day.
5. Certificate of Compliance as to 3-16-2015 order
						transmitted to OAL 6-11-2015 and filed 7-15-2015 (Register 2015, No.
						29).
Note: Authority cited: Section
						  6030, Penal
						  Code; and Section
						  1975,
						  Welfare and Institutions Code. Reference: Sections
						  1971,
						  1974
						  and
						  1975,
						  Welfare and Institutions Code.
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 7 - Local Youthful Offender Rehabilitative Facility Construction Financing Program › Article 3 - Proposal to Participate in Local Youthful Offender Rehabilitative Facility Construction Financing Program › Section 1853 - Right of Entry for Construction and Operation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
					 right of entry for construction and operation between CDCR and the
					 participating county will be entered into concurrently with the ground
					 lease.
(b) The right of entry for
					 construction and operation authorizes the participating county and their
					 contractors to use the site that has been leased to CDCR via the ground lease
					 for construction related activities and operation of the project upon
					 substantial completion of construction.
1. New
						section filed 2-2-2009 as an emergency; operative 2-2-2009 (Register 2009, No.
						6). A Certificate of Compliance must be transmitted to OAL by 7-13-2009 or
						emergency language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 2-2-2009 order transmitted
						to OAL 7-8-2009 and filed 8-18-2009 (Register 2009, No. 34).
3.
						Amendment filed 8-14-2014 as an emergency; operative 8-14-2014 (Register 2014,
						No. 33). A Certificate of Compliance must be transmitted to OAL by 2-10-2015 or
						emergency language will be repealed by operation of law on the following
						day.
4. Amendment refiled 3-16-2015 as an emergency; operative
						3-18-2015 pursuant to Government Code section
						11346.1(d)
						(Register 2015, No. 12). A Certificate of Compliance must be transmitted to OAL
						by 6-16-2015 or emergency language will be repealed by operation of law on the
						following day.
5. Certificate of Compliance as to 3-16-2015 order,
						including further amendment of section heading, transmitted to OAL 6-11-2015
						and filed 7-15-2015; amendments effective 7-15-2015 pursuant to Government Code
						section
						11343.4(b)(3)
						(Register 2015, No. 29).
Note: Authority cited: Section
						  6030, Penal
						  Code; and Section
						  1975,
						  Welfare and Institutions Code. Reference: Section
						  1974,
						  Welfare and Institutions Code.
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 7 - Local Youthful Offender Rehabilitative Facility Construction Financing Program › Article 3 - Proposal to Participate in Local Youthful Offender Rehabilitative Facility Construction Financing Program › Section 1854 - Facility Sublease

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 If the facility lease between the Board and CDCR is executed, CDCR and the
					 participating county shall enter into a facility sublease of the facility lease
					 with Board consent. The facility sublease will describe the county's
					 responsibilities, obligations, and other terms and conditions for the county's
					 occupancy of the facility during the term of the facility sublease.
(b) The facility sublease is subject to and
					 subordinate to the facility lease.
1. New
						section filed 2-2-2009 as an emergency; operative 2-2-2009 (Register 2009, No.
						6). A Certificate of Compliance must be transmitted to OAL by 7-13-2009 or
						emergency language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 2-2-2009 order transmitted
						to OAL 7-8-2009 and filed 8-18-2009 (Register 2009, No. 34).
3.
						Amendment filed 8-14-2014 as an emergency; operative 8-14-2014 (Register 2014,
						No. 33). A Certificate of Compliance must be transmitted to OAL by 2-10-2015 or
						emergency language will be repealed by operation of law on the following
						day.
4. Amendment refiled 3-16-2015 as an emergency; operative
						3-18-2015 pursuant to Government Code section
						11346.1(d)
						(Register 2015, No. 12). A Certificate of Compliance must be transmitted to OAL
						by 6-16-2015 or emergency language will be repealed by operation of law on the
						following day.
5. Certificate of Compliance as to 3-16-2015 order
						transmitted to OAL 6-11-2015 and filed 7-15-2015 (Register 2015, No.
						29).
Note: Authority cited: Section
						  6030, Penal
						  Code; and Section
						  1975,
						  Welfare and Institutions Code. Reference: Section
						  1974,
						  Welfare and Institutions Code.
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 7 - Local Youthful Offender Rehabilitative Facility Construction Financing Program › Article 4 - Administration of Reimbursements and Project Monitoring › Section 1857 - Pooled Money Investment Board. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 2-2-2009 as an emergency; operative 2-2-2009 (Register 2009, No.
						6). A Certificate of Compliance must be transmitted to OAL by 7-13-2009 or
						emergency language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 2-2-2009 order transmitted
						to OAL 7-8-2009 and filed 8-18-2009 (Register 2009, No. 34).
3.
						Repealer filed 8-14-2014 as an emergency; operative 8-14-2014 (Register 2014,
						No. 33). A Certificate of Compliance must be transmitted to OAL by 2-10-2015 or
						emergency language will be repealed by operation of law on the following
						day.
4. Repealer refiled 3-16-2015 as an emergency; operative
						3-18-2015 pursuant to Government Code section
						11346.1(d)
						(Register 2015, No. 12). A Certificate of Compliance must be transmitted to OAL
						by 6-16-2015 or emergency language will be repealed by operation of law on the
						following day.
5. Certificate of Compliance as to 3-16-2015 order
						transmitted to OAL 6-11-2015 and filed 7-15-2015 (Register 2015, No.
						29).
Note: Authority cited: Section
						  6030, Penal
						  Code; and Section
						  1975,
						  Welfare and Institutions Code. Reference: Sections
						  16312 and
						  16313 Government Code; and Section
						  1972,
						  Welfare and Institutions Code.
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 7 - Local Youthful Offender Rehabilitative Facility Construction Financing Program › Article 4 - Administration of Reimbursements and Project Monitoring › Section 1866 - Monitoring of Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The BSCC and CDCR shall regularly monitor the administration of the project and
					 the distribution of state reimbursements to a participating county, in order to
					 assess compliance and determine that the project is operating in accordance
					 with the approved proposal, the conditions of the BSCC agreement, these
					 regulations and the law.
(b) The
					 BSCC and the Board shall have administrative oversight of the
					 project.
(c) Access to the project
					 site, county project files, and contractors' records shall be provided to the
					 BSCC, or other state officials, during all phases of construction throughout
					 the term of the BSCC agreement.
1. New
						section filed 2-2-2009 as an emergency; operative 2-2-2009 (Register 2009, No.
						6). A Certificate of Compliance must be transmitted to OAL by 7-13-2009 or
						emergency language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 2-2-2009 order transmitted
						to OAL 7-8-2009 and filed 8-18-2009 (Register 2009, No. 34).
3.
						Amendment filed 8-14-2014 as an emergency; operative 8-14-2014 (Register 2014,
						No. 33). A Certificate of Compliance must be transmitted to OAL by 2-10-2015 or
						emergency language will be repealed by operation of law on the following
						day.
4. Amendment refiled 3-16-2015 as an emergency; operative
						3-18-2015 pursuant to Government Code section
						11346.1(d)
						(Register 2015, No. 12). A Certificate of Compliance must be transmitted to OAL
						by 6-16-2015 or emergency language will be repealed by operation of law on the
						following day.
5. Certificate of Compliance as to 3-16-2015 order,
						including further amendment of subsection (b), transmitted to OAL 6-11-2015 and
						filed 7-15-2015; amendments effective 7-15-2015 pursuant to Government Code
						section
						11343.4(b)(3)
						(Register 2015, No. 29).
Note: Authority cited: Section
						  6030, Penal
						  Code; and Section
						  1975,
						  Welfare and Institutions Code. Reference: Sections
						  1971
						  and
						  1975,
						  Welfare and Institutions Code.
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 7 - Local Youthful Offender Rehabilitative Facility Construction Financing Program › Article 4 - Administration of Reimbursements and Project Monitoring › Section 1867 - Completion of Project

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The participating county shall agree to proceed with the agreed upon
					 construction schedule and complete the project in accordance with the BSCC
					 agreement and the plans and specifications (with respect to a design-bid-build
					 project) or the performance criteria or performance criteria and concept
					 drawings (with respect to a design-build project) approved by the Board and the
					 BSCC.
(b) The participating
					 county's failure to proceed with the project on the agreed schedule may be a
					 material breach of the project delivery and construction agreement and the BSCC
					 agreement.
(c) Upon completion of
					 the project, the participating county shall submit a final project summary and
					 audit to the BSCC in compliance with Section
					 1870 of these
					 regulations.
1. New
						section filed 2-2-2009 as an emergency; operative 2-2-2009 (Register 2009, No.
						6). A Certificate of Compliance must be transmitted to OAL by 7-13-2009 or
						emergency language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 2-2-2009 order transmitted
						to OAL 7-8-2009 and filed 8-18-2009 (Register 2009, No. 34).
3.
						Amendment filed 8-14-2014 as an emergency; operative 8-14-2014 (Register 2014,
						No. 33). A Certificate of Compliance must be transmitted to OAL by 2-10-2015 or
						emergency language will be repealed by operation of law on the following
						day.
4. Amendment refiled 3-16-2015 as an emergency; operative
						3-18-2015 pursuant to Government Code section
						11346.1(d)
						(Register 2015, No. 12). A Certificate of Compliance must be transmitted to OAL
						by 6-16-2015 or emergency language will be repealed by operation of law on the
						following day.
5. Certificate of Compliance as to 3-16-2015 order,
						including further amendment of subsection (c), transmitted to OAL 6-11-2015 and
						filed 7-15-2015; amendments effective 7-15-2015 pursuant to Government Code
						section
						11343.4(b)(3)
						(Register 2015, No. 29).
Note: Authority cited: Section
						  6030, Penal
						  Code; and Section
						  1975,
						  Welfare and Institutions Code. Reference: Sections
						  1971,
						  1974
						  and
						  1975,
						  Welfare and Institutions Code.
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 7 - Local Youthful Offender Rehabilitative Facility Construction Financing Program › Article 4 - Administration of Reimbursements and Project Monitoring › Section 1868 - Project Modifications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Project modifications proposed after the BSCC agreement is signed require
					 advance approval of the Board and the BSCC if the modifications:
(1) Are more than minor changes which affect
					 the scope, design, configuration, cost, or schedule of the project;
(2) Are more than minor changes to the
					 design, location, size, capacity, or quality of major items of
					 equipment;
(3) Cause a delay or
					 change in the date of substantial completion or final completion dates for the
					 project; or
(4) Cause any change
					 that would impact the BSCC's operational or construction regulations in Title
					 15, CCR, Division 1, Chapter 1, Subchapter 5 and Title 24, CCR, Part 1, Chapter
					 13, Section
					 13-201 and Part 2, Volume 1,
					 Chapter 12, Section
					 1230 or the State Fire Marshal's
					 construction regulations in Title 24, CCR, Parts 2 and 9 as adopted by the
					 Office of the State Fire Marshal, a change in the number of beds, or a change
					 which affects the security or fire and life safety of the
					 facility.
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 7 - Local Youthful Offender Rehabilitative Facility Construction Financing Program › Article 4 - Administration of Reimbursements and Project Monitoring › Section 1870 - Audits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
					 participating county shall obtain an audit performed in accordance with
					 Government Auditing Standards issued by the Comptroller General of the United
					 States for its project within ninety (90) days following construction
					 completion. The audit shall be performed under the direction of a Certified
					 Public Accountant or a county auditor that is organizationally independent from
					 the participating county's project financial management functions.
(b) The auditor shall advise the county of
					 any findings and recommendations. The final audit report shall be sent to the
					 Board of Supervisors of the county and shall incorporate the county's response
					 and plans for corrective action to any auditor findings and recommendations.
					 Notice that the audit has been delivered to the Board of Supervisors shall be
					 submitted to the BSCC.
(c) A
					 corrective action plan for each finding and recommendation must be prepared by
					 the county within ten days after notification of the findings and submitted to
					 the BSCC as part of the final audit report. The corrective action plan must
					 include:
(1) A description of each finding
					 and recommendation;
(2) Specific
					 steps taken to remedy the finding or implement the recommendation;
(3) A timetable for performance of each
					 corrective action; and
(4) A
					 description of monitoring to be performed and who will perform it to ensure
					 implementation of each corrective action.
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 7 - Local Youthful Offender Rehabilitative Facility Construction Financing Program › Article 4 - Administration of Reimbursements and Project Monitoring › Section 1872 - Unused Conditional Awards

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 In no case shall a participating county receive state reimbursements in excess
					 of the amount of the conditional award approved by the BSCC.
(b) If a participating county does not use
					 the full amount of the conditional award, the unused amount shall be available
					 for redistribution to other counties and used for other eligible
					 projects.
(c) Any state
					 reimbursements determined to have been inappropriately or erroneously made,
					 including those resulting from noncompliance as well as overpayments resulting
					 from county plan modifications or other causes, shall, upon written
					 notification, be repaid to the state. Such repayment may be by county warrant
					 and/or may be withheld from subsequent state reimbursements at the discretion
					 of the BSCC.
1. New
						section filed 2-2-2009 as an emergency; operative 2-2-2009 (Register 2009, No.
						6). A Certificate of Compliance must be transmitted to OAL by 7-13-2009 or
						emergency language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 2-2-2009 order transmitted
						to OAL 7-8-2009 and filed 8-18-2009 (Register 2009, No. 34).
3.
						Amendment of section heading and section filed 8-14-2014 as an emergency;
						operative 8-14-2014 (Register 2014, No. 33). A Certificate of Compliance must
						be transmitted to OAL by 2-10-2015 or emergency language will be repealed by
						operation of law on the following day.
4. Amendment of section
						heading and section refiled 3-16-2015 as an emergency; operative 3-18-2015
						pursuant to Government Code section
						11346.1(d)
						(Register 2015, No. 12). A Certificate of Compliance must be transmitted to OAL
						by 6-16-2015 or emergency language will be repealed by operation of law on the
						following day.
5. Certificate of Compliance as to 3-16-2015 order
						transmitted to OAL 6-11-2015 and filed 7-15-2015 (Register 2015, No.
						29).
Note: Authority cited: Section
						  6030, Penal
						  Code; and Section
						  1975,
						  Welfare and Institutions Code. Reference: Section
						  1975,
						  Welfare and Institutions Code.
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 7 - Local Youthful Offender Rehabilitative Facility Construction Financing Program › Article 5 - Appeal Procedures › Section 1876 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The appeal hearing procedures are intended to provide a
						review concerning the BSCC's proposal evaluation and rating process. A county
						may appeal on the basis of the BSCC's alleged evaluation criteria
						misapplication, capricious enforcement of regulations, or substantial
						differences of opinion as may occur concerning the proper application of
						regulations or procedures regarding the proposal evaluation and rating
						process.
1. New
						article 5 (sections
						1876-1892) and section filed
						2-2-2009 as an emergency; operative 2-2-2009 (Register 2009, No. 6). A
						Certificate of Compliance must be transmitted to OAL by 7-13-2009 or emergency
						language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 2-2-2009 order transmitted
						to OAL 7-8-2009 and filed 8-18-2009 (Register 2009, No. 34).
3.
						Amendment filed 8-14-2014 as an emergency; operative 8-14-2014 (Register 2014,
						No. 33). A Certificate of Compliance must be transmitted to OAL by 2-10-2015 or
						emergency language will be repealed by operation of law on the following
						day.
4. Amendment refiled 3-16-2015 as an emergency; operative
						3-18-2015 pursuant to Government Code section
						11346.1(d)
						(Register 2015, No. 12). A Certificate of Compliance must be transmitted to OAL
						by 6-16-2015 or emergency language will be repealed by operation of law on the
						following day.
5. Certificate of Compliance as to 3-16-2015 order
						transmitted to OAL 6-11-2015 and filed 7-15-2015 (Register 2015, No.
						29).
Note: Authority cited: Section
						  6030, Penal
						  Code; and Section
						  1975,
						  Welfare and Institutions Code. Reference: Section
						  1975,
						  Welfare and Institutions Code.
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 7 - Local Youthful Offender Rehabilitative Facility Construction Financing Program › Article 5 - Appeal Procedures › Section 1888 - Request for Board of State and Community Corrections Appeal Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 If a participating county is dissatisfied with an action of the BSCC's
					 evaluation and rating process, it may file a request for an appeal hearing with
					 the BSCC. Such appeal shall be filed within thirty (30) calendar days of the
					 notification of the action with which the county is dissatisfied.
(b) The request shall be in writing and:
(1) Shall state the basis for the
					 dissatisfaction;
(2) Shall state
					 the action being requested of the BSCC;
(3) Shall state the desired remedy;
					 and,
(4) Shall include as
					 attachments any correspondence related to the appeal to and from the Executive
					 Director.
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 7 - Local Youthful Offender Rehabilitative Facility Construction Financing Program › Article 5 - Appeal Procedures › Section 1892 - Board of State and Community Corrections' Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The BSCC, after receiving the proposed decision, may:
(1) Adopt the proposed decision;
(2) Amend the decision with or without taking
					 additional evidence into consideration; or,
(3) Order a further hearing to be conducted,
					 if additional information is needed to decide the issue.