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 2 - County Correctional Facility Capital Expenditure and Youth Facility Fund › Article 3 - Application for Funds and Grant Awards › Section 552 - Variance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The Board may grant a variance from any Board requirement contained herein for
					 good and sufficient reason. Such a variance may be granted by the Board only
					 upon the written application therefore and documentation thereof. The request
					 for a variance shall contain the following:
(1) Name and address of requestor.
(2) The specific requirement for which a
					 variance is being requested.
(3)
					 The supporting reasons for a variance request.
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 2 - County Correctional Facility Capital Expenditure and Youth Facility Fund › Article 4 - Administration of Funds and Project Monitoring › Section 554 - Purpose. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment filed 9-29-83; effective thirtieth day thereafter (Register 83, No.
						40).
2. Amendment of NOTE filed 3-8-85; effective upon filing
						pursuant to Government Code Section
						11346.2(d)
						(Register 85, No. 10).
3. Repealer filed 9-28-87; operative 9-28-87
						(Register 87, No. 42).
Note: Authority cited: Sections
						  4415 and
						  4465, Penal
						  Code; and Chapters 426, 444, 500 and 1133, Statutes of 1984. Reference: Section
						  6029.1, Penal
						  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 2 - County Correctional Facility Capital Expenditure and Youth Facility Fund › Article 4 - Administration of Funds and Project Monitoring › Section 556 - Disbursement of Funds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Upon approval of the county's project proposal by the
						Board and execution of the state contract, funds will be disbursed in
						accordance with a schedule established by the Board.
1.
						Amendment filed 9-29-83; effective thirtieth day thereafter (Register 83, No.
						40).
2. Amendment of NOTE filed 3-8-85; effective upon filing
						pursuant to Government Code Section
						11346.2(d)
						(Register 85, No. 10).
3. Amendment filed 9-28-87; operative 9-28-87
						(Register 87, No. 42).
Note: Authority cited: Sections
						  4483,
						  4489 and
						  6029.1, Penal
						  Code; and Chapter 1519, Statutes of 1986, Sections
						  5.5(b) and
						  7(c). Reference:
						  Section
						  6029.1, Penal
						  Code; and Chapter 1519, Statutes of 1986, Sections
						  5.5(b) and
						  7(c).
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 2 - County Correctional Facility Capital Expenditure and Youth Facility Fund › Article 4 - Administration of Funds and Project Monitoring › Section 558 - Fund Payments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Requests for fund payments shall include such supporting documentation as may
					 be required by the Board and, in the event of deficiencies in the request, the
					 county shall be notified by the Board of the deficiencies.
(b) Fund payments shall be processed by the
					 Board subject to the following conditions:
(1) Fund payments shall be made no more often
					 than once every 30 days during the construction of the facility.
(2) No payments will be made until the county
					 has complied with all applicable state requirements.
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 2 - County Correctional Facility Capital Expenditure and Youth Facility Fund › Article 4 - Administration of Funds and Project Monitoring › Section 560 - Accounting

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 All funds received by the county shall be deposited into separate fund accounts
					 which identify the funds and clearly show the manner of their
					 disposition.
(b) Accounting for
					 funds shall be in accordance with generally accepted accounting principles and
					 practices and supporting records must be maintained by the county in sufficient
					 detail to demonstrate that the funds were used for the purpose for which the
					 award was made and in accordance with the provisions of the state
					 contract.
1.
						Amendment of NOTE filed 9-29-83; effective thirtieth day thereafter (Register
						83, No. 40).
2. Amendment of NOTE filed 3-8-85; effective upon
						filing pursuant to Government Code Section
						11346.2(d)
						(Register 85, No. 10).
3. Amendment filed 9-28-87; operative 9-28-87
						(Register 87, No. 42).
Note: Authority cited: Sections
						  4483,
						  4489 and
						  6029.1, Penal
						  Code; and Chapter 1519, Statutes of 1986, Sections
						  5.5(b) and
						  7(c). Reference:
						  Section
						  6029.1, Penal
						  Code; and Chapter 1519, Statutes of 1986, Sections
						  5.5(b) and
						  7(c).
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 2 - County Correctional Facility Capital Expenditure and Youth Facility Fund › Article 4 - Administration of Funds and Project Monitoring › Section 562 - Annual Financial Statement. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment of NOTE filed 9-29-83; effective thirtieth day thereafter (Register
						83, No. 40).
2. Repealer filed 3-8-85; effective upon filing
						pursuant to Government Code Section
						11346.2(d)
						(Register 85, No. 10).
Note: Authority cited: Section
						  4415, Penal
						  Code. Reference: Section
						  629.1, Penal
						  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 2 - County Correctional Facility Capital Expenditure and Youth Facility Fund › Article 4 - Administration of Funds and Project Monitoring › Section 564 - Final Financial Statement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each county shall render an acceptable final account not
						later than 90 days following completion of the project or within such
						additional time as may be allowed by the Board.
1.
						Amendment of NOTE filed 9-29-83; effective thirtieth day thereafter (Register
						83, No. 40).
2. Amendment of NOTE filed 3-8-85; effective upon
						filing pursuant to Government Code Section
						11346.2(d)
						(Register 85, No. 10).
3. New NOTE filed 9-28-87; operative 9-28-87
						(Register 87, No. 42).
Note: Authority cited: Sections
						  4483,
						  4489 and
						  6029.1, Penal
						  Code; and Chapter 1519, Statutes of 1986, Sections
						  5.5(b) and
						  7(c). Reference:
						  Section
						  6029.1, Penal
						  Code; and Chapter 1519, Statutes of 1986, Sections
						  5.5(b) and
						  7(c).
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 2 - County Correctional Facility Capital Expenditure and Youth Facility Fund › Article 4 - Administration of Funds and Project Monitoring › Section 566 - Monitoring of Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Board shall regularly monitor the administration of
						the County Correctional Facility Capital Expenditure and Youth Facility Funds
						within a recipient county to assess compliance and determine that the project
						is operating in accordance with the approved application, these regulations,
						and the law.
1.
						Amendment of NOTE filed 9-29-83; effective thirtieth day thereafter (Register
						83, No. 40).
2. Amendment of NOTE filed 3-8-85; effective upon
						filing pursuant to Government Code Section
						11346.2(d)
						(Register 85, No. 10).
3. Amendment filed 9-28-87; operative 9-28-87
						(Register 87, No. 42).
4. Amendment filed 7-19-90; operative 7-19-90
						pursuant to Government Code section
						11346.2(d)
						(Register 90, No. 39).
Note: Authority cited: Sections
						  4496.34 and
						  4497.06, Penal
						  Code. Reference: Sections
						  4497.02 and
						  4497.06, Penal
						  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 2 - County Correctional Facility Capital Expenditure and Youth Facility Fund › Article 4 - Administration of Funds and Project Monitoring › Section 567 - Completion of Project

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The county shall agree to proceed expeditiously with, and
						complete, the project in accordance with the state contract, plans and
						specifications approved by the Board. If a county is not proceeding
						expeditiously with the project as agreed to in the contract the Board shall
						give written notice of failure to comply with terms of the contract and may
						terminate the contract.
1. New
						section filed 9-29-83; effective thirtieth day thereafter (Register 83, No.
						40).
2. Amendment of NOTE filed 3-8-85; effective upon filing
						pursuant to Government Code Section
						11346.2(d)
						(Register 85, No. 10).
3. Amendment filed 9-28-87; operative 9-28-87
						(Register 87 No. 42).
Note: Authority cited: Sections
						  4483,
						  4489 and
						  6029.1, Penal
						  Code; and Chapter 1519, Statutes of 1986, Sections
						  5.5(b) and
						  7(c). Reference:
						  Section
						  6029.1, Penal
						  Code; and Chapter 1519, Statutes of 1986, Sections
						  5.5(b) and
						  7(c).
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 2 - County Correctional Facility Capital Expenditure and Youth Facility Fund › Article 4 - Administration of Funds and Project Monitoring › Section 568 - Project Modifications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Project modifications which are proposed after a contract is signed which (1)
					 substantially alter the design or scope of the project, (2) substantially alter
					 the design, location, size, capacity, or quality of major items of equipment,
					 or (3) increase the amount of state funds needed to complete the project,
					 require prior written approval of the Board.
(b) Construction change orders which propose
					 a substantial increase in jail capacity or a substantial change in project
					 concept or cost require prior written approval of the Board. Other change
					 orders will not require prior approval. Summaries of all change orders shall be
					 submitted to the Board monthly in a format approved by the Board.
(c) Neither contract approval nor award of
					 funds, nor action of the staff with respect to project changes, including
					 approval or disapproval thereof, shall commit or obligate the Board to any
					 increase in the amount of the state funds, except as expressly provided in
					 writing by the Board.
1.
						Amendment of subsection (c) filed 9-29-83; effective thirtieth day thereafter
						(Register 83, No. 40).
2. Amendment filed 3-8-85; effective upon
						filing pursuant to Government Code Section
						11346.2(d)
						(Register 85, No. 10).
3. Amendment filed 9-28-87; operative 9-28-87
						(Register 87, No. 42).
Note: Authority cited: Sections
						  4483,
						  4489 and
						  6029.1, Penal
						  Code; and Chapter 1519, Statutes of 1986, Sections
						  5.5(b) and
						  7(c). Reference:
						  Section
						  6029.1, Penal
						  Code; and Chapter 1519, Statutes of 1986, Sections
						  5.5(b) and
						  7(c).
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 2 - County Correctional Facility Capital Expenditure and Youth Facility Fund › Article 4 - Administration of Funds and Project Monitoring › Section 570 - Audits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The state reserves the right to audit the accounting records of participating
					 counties relating to the administration of County Correctional Facility Capital
					 and Expenditure Youth Facility Funds. The audits may be preaward, interim or
					 final. For audit purposes, the county shall agree to provide access to the
					 facility, premises and records related to any project funded from the County
					 Correctional Facility Capital Expenditure and Youth Facility Fund. This access
					 shall extend to the grantee's contractors, including personal services
					 contracts. A county shall provide reasonable assurances of having a systematic
					 method to assure timely and appropriate resolution of audit findings and
					 recommendations.
(b) Any improper
					 expenditures of state funds disclosed in such audits will be recovered by the
					 state through withholding future payments and/or repayment by the county at the
					 discretion of the Board.
1.
						Amendment of subsection (b) filed 9-29-83; effective thirtieth day thereafter
						(Register 83, No. 40).
2. Amendment of NOTE filed 3-8-85; effective
						upon filing pursuant to Government Code Section
						11346.2(d)
						(Register 85, No. 10).
3. Amendment filed 9-28-87; operative 9-28-87
						(Register 87, No. 42).
4. Amendment filed 7-19-90; operative 7-19-90
						pursuant to Government Code section
						11346.2(d)
						(Register 90, No. 39).
Note: Authority cited: Sections
						  4496.34 and
						  4497.06, Penal
						  Code. Reference: Sections
						  4497.02 and
						  4497.06, Penal
						  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 2 - County Correctional Facility Capital Expenditure and Youth Facility Fund › Article 4 - Administration of Funds and Project Monitoring › Section 572 - Unused Funds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 In no case shall a county receive funds in excess of 100 percent of actual
					 construction costs incurred in the implementation of the construction
					 plan.
(b) Any funds determined to
					 have been inappropriately or erroneously spent, including those resulting from
					 non-compliance, 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 payment(s) at the discretion of the Board.
(c) Any funds not expended by a county
					 pursuant to the approved application and/or construction plan shall revert to
					 the state. This repayment may be made by:
(1)
					 County warrant payable to the state within 30 calendar days of the date of
					 notification; or through a negotiated repayment and interest schedule;
					 or
(2) Deduction by the Board of
					 the amount to be repaid by the county from the next progress payment(s) by the
					 state; or
(3) A combination of (1)
					 and (2) above.
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 2 - County Correctional Facility Capital Expenditure and Youth Facility Fund › Article 4 - Administration of Funds and Project Monitoring › Section 574 - County Withdrawal from Program. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment of NOTE filed 9-29-83; effective thirtieth day thereafter (Register
						83, No. 40).
2. Repealer filed 3-8-85; effective upon filing
						pursuant to Government Code Section
						11346.2(d)
						(Register 85, No. 10).
Note: Authority cited: Section
						  4415, Penal
						  Code. Reference: Section
						  6029.1, Penal
						  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 2 - County Correctional Facility Capital Expenditure and Youth Facility Fund › Article 5 - Appeal Procedures › Section 576 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The appeal hearing procedures are intended to provide a
						review concerning the application and enforcement of standards and regulations
						governing the administration of the County Correctional Facility Capital
						Expenditure and Youth Facility Fund. A county may appeal on the basis of
						alleged misapplication, capricious enforcement of regulations, or substantial
						differences of opinion as may occur concerning the proper application of
						regulations or procedures.
1.
						Amendment of NOTE filed 9-29-83; effective thirtieth day thereafter (Register
						83, No. 40).
2. Amendment of NOTE filed 3-8-85; effective upon
						filing pursuant to Government Code Section
						11346.2(d)
						(Register 85, No. 10).
3. Amendment filed 9-28-87; operative 9-28-87
						(Register 87, No. 42).
4. Amendment filed 7-19-90; operative 7-19-90
						pursuant to Government Code section
						11346.2(d)
						(Register 90, No. 39).
Note: Authority cited: Sections
						  4496.34 and
						  4497.06, Penal
						  Code. Reference: Sections
						  4497.02 and
						  4497.06, Penal
						  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 2 - County Correctional Facility Capital Expenditure and Youth Facility Fund › Article 5 - Appeal Procedures › Section 578 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For purpose of this article, the following definitions
						shall apply:
(a) "Appeal hearing"
					 means an administrative procedure providing an appellant with an opportunity to
					 present the facts of the appeal for a formal decision concerning matters raised
					 pursuant to the purposes set forth in Section
					 576 of these
					 regulations.
(b) "Appellant" means
					 a county which files a request for an appeal hearing.
(c) "Executive Officer" means the Executive
					 Officer of the Board of Corrections.
(d) "Request for appeal hearing" means a
					 clear written expression of dissatisfaction about a procedure or action taken
					 and a request for a hearing on the matter and filed with the Executive Officer
					 of the Board.
(e) "Filing date"
					 means the date a request for an appeal hearing is received by the Executive
					 Officer of the Board.
(f)
					 "Authorized representative" means an individual authorized by the appellant to
					 act as his/her representative in any or all aspects of the hearing.
(g) "Hearing panel" means a panel comprised
					 of three members of the Board who shall be selected by the chairperson at the
					 time the appeal is filed. A fourth member may be designated as an alternate.
					 Members designated to the hearing panel shall not be employed by or be
					 residents of the county submitting the appeal nor shall they be employed by any
					 other county that has a funded project or is seeking funds.
(h) "Proposed decision" means a written
					 recommendation from the hearing panel/hearing officer to the full Board
					 containing a summary of facts and a recommended decision on the
					 appeal.
(i) "Notice of decision"
					 means a written statement by the Executive Officer or the Board which contains
					 the formal decision of the Executive Officer or the Board and the reason for
					 that decision.
1.
						Amendment of subsection (g) filed 9-29-83; effective thirtieth day thereafter
						(Register 83, No. 40).
2. Amendment of NOTE filed 3-8-85; effective
						upon filing pursuant to Government Code Section
						11346.2(d)
						(Register 85, No. 10).
3. Amendment filed 9-28-87; operative 9-28-87
						(Register 87, No. 42).
Note: Authority cited: Sections
						  4483,
						  4489 and
						  6029.1, Penal
						  Code; and Chapter 1519, Statutes of 1986, Sections
						  5.5(b) and
						  7(c). Reference:
						  Section
						  6029.1, Penal
						  Code; and Chapter 1519, Statutes of 1986, Sections
						  5.5(b) and
						  7(c).
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 2 - County Correctional Facility Capital Expenditure and Youth Facility Fund › Article 5 - Appeal Procedures › Section 580 - Levels of Appeal. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment of NOTE filed 9-29-83; effective thirtieth day thereafter (Register
						83, No. 40).
2. Amendment of NOTE filed 3-8-85; effective upon
						filing pursuant to Government Code Section
						11346.2(d)
						(Register 85, No. 10).
3. Repealer filed 9-28-87; operative 9-28-87
						(Register 87, No. 42).
Note: Authority cited: Sections
						  4415 and
						  4465, Penal
						  Code; and Chapters 426, 444, 500 and 1133, Statutes of 1984. Reference: Section
						  6029.1, Penal
						  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 2 - County Correctional Facility Capital Expenditure and Youth Facility Fund › Article 5 - Appeal Procedures › Section 582 - Appeal to the Executive Officer. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment of NOTE filed 9-29-83; effective thirtieth day thereafter (Register
						83, No. 40).
2. Amendment of NOTE filed 3-8-85; effective upon
						filing pursuant to Government Code Section
						11346.2(d)
						(Register 85, No. 10).
3. Repealer filed 9-28-87; operative 9-28-87
						(Register 87, No. 42).
Note: Authority cited: Sections
						  4415 and
						  4465, Penal
						  Code; and Chapters 426, 444, 500 and 1133, Statutes of 1984. Reference: Section
						  6029.1, Penal
						  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 2 - County Correctional Facility Capital Expenditure and Youth Facility Fund › Article 5 - Appeal Procedures › Section 584 - Executive Officer Appeal Procedures. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment of NOTE filed 9-29-83; effective thirtieth day thereafter (Register
						83, No. 40).
2. Amendment of NOTE filed 3-8-85; effective upon
						filing pursuant to Government Code Section
						11346.2(d)
						(Register 85, No. 10).
3. Repealer filed 9-28-87; operative 9-28-87
						(Register 87, No. 42).
Note: Authority cited: Sections
						  4415 and
						  4465, Penal
						  Code; and Chapters 426, 444, 500 and 1133, Statutes of 1984. Reference: Section
						  6029.1, Penal
						  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 2 - County Correctional Facility Capital Expenditure and Youth Facility Fund › Article 5 - Appeal Procedures › Section 586 - Executive Officer's Decision. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment of NOTE filed 9-29-83; effective thirtieth day thereafter (Register
						83, No. 40).
2. Amendment of NOTE filed 3-8-85; effective upon
						filing pursuant to Government Code Section
						11346.2(d)
						(Register 85, No. 10).
3. Repealer filed 9-28-87; operative 9-28-87
						(Register 87, No. 42).
Note: Authority cited: Sections
						  4415 and
						  4465, Penal
						  Code; and Chapters 426, 444, 500 and 1133, Statutes of 1984. Reference: Section
						  6029.1, Penal
						  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 2 - County Correctional Facility Capital Expenditure and Youth Facility Fund › Article 5 - Appeal Procedures › Section 588 - Request for Appeal Hearing by Board

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 If a county is dissatisfied with an action of the Board staff, it may file a
					 request for an appeal hearing with the Board. Such appeal shall be filed within
					 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 Board.
(3) Shall include as attachments any
					 correspondence related to the appeal with and from the Executive
					 Officer.
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 2 - County Correctional Facility Capital Expenditure and Youth Facility Fund › Article 5 - Appeal Procedures › Section 590 - Board Hearing Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The hearing shall be conducted by a hearing panel designated by the Chairperson
					 of the Board at a reasonable time, date, and place, but not later than 21 days
					 after the filing of the request for hearing with the Board, unless delayed for
					 good cause. The Board shall mail or deliver to the appellant or authorized
					 representative a written notice of the time and place of hearing not less than
					 7 days prior to the hearing.
(b)
					 The procedural time requirements may be waived with mutual written consent of
					 the parties involved.
(c) Appeal
					 hearing matters shall be set for hearing, heard, and disposed of by a notice of
					 decision within 60 days from the date of the request for appeal hearing, except
					 in those cases where the appellant withdraws or abandons the request for
					 hearing or the matter is continued for what is determined by the hearing panel
					 to be good cause.
(d) An appellant
					 may waive a personal hearing before the hearing panel and under such
					 circumstances, the hearing panel shall consider the written information
					 submitted by the appellant and other relevant information as may be deemed
					 appropriate.
(e) The hearing is not
					 formal in nature. Pertinent and relevant information, whether written or oral,
					 will be accepted. Hearings will be tape recorded.
(f) After the hearing has been completed, the
					 hearing panel shall submit a proposed decision in writing to the Board at its
					 next regular public meeting.
1.
						Amendment of NOTE filed 9-29-83; effective thirtieth day thereafter (Register
						83, No. 40).
2. Amendment of NOTE filed 3-8-85; effective upon
						filing pursuant to Government Code Section
						11346.2(d)
						(Register 85, No. 10).
3. New NOTE filed 9-28-87; operative 9-28-87
						(Register 87, No. 42).
Note: Authority cited: Sections
						  4483,
						  4489 and
						  6029.1, Penal
						  Code; and Chapter 1519, Statutes of 1986, Sections
						  5.5(b) and
						  7(c). Reference:
						  Section
						  6029.1, Penal
						  Code; and Chapter 1519, Statutes of 1986, Sections
						  5.5(b) and
						  7(c).
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 2 - County Correctional Facility Capital Expenditure and Youth Facility Fund › Article 5 - Appeal Procedures › Section 592 - State Board of Corrections' Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The Board, after receiving the proposed decision, may:
(1) Adopt the proposed decision;
(2) Decide the matter on the record with or
					 without taking additional evidence, or,
(3) Order a further hearing to be conducted
					 if additional information is needed to decide the issue.
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 2 - County Correctional Facility Capital Expenditure and Youth Facility Fund › Article 6 - Funding Requirements for Juvenile Facilities › Section 594 - Definition. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 9-28-87; operative 9-28-87 (Register 87, No. 42).
2.
						Repealer filed 7-19-90; operative 7-19-90 pursuant to Government Code section
						11346.2(d)
						(Register 90, No. 39).
Note: Authority cited: Sections
						  4483,
						  4489 and
						  6029.1, Penal
						  Code; and Chapter 1519, Statutes of 1986, Section
						  9(c). Reference:
						  Section
						  6029.1, Penal
						  Code; and Chapter 1519, Statutes of 1986, Section
						  9(c).
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 2 - County Correctional Facility Capital Expenditure and Youth Facility Fund › Article 6 - Funding Requirements for Juvenile Facilities › Section 596 - Eligibility Requirements. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 9-28-87; operative 9-28-87 (Register 87, No. 42).
2.
						Repealer filed 7-19-90; operative 7-19-90 pursuant to Government Code section
						11346.2(d)
						(Register 90, No. 39).
Note: Authority cited: Sections
						  4483,
						  4489 and
						  6029.1, Penal
						  Code; and Chapter 1519, Statutes of 1986, Section
						  9(c). Reference:
						  Section
						  6029.1, Penal
						  Code; and Chapter 1519, Statutes of 1986, Section
						  9(c).
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 2 - County Correctional Facility Capital Expenditure and Youth Facility Fund › Article 6 - Funding Requirements for Juvenile Facilities › Section 598 - Recommendations of the Juvenile Justice Commission. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 9-28-87; operative 9-28-87 (Register 87, No. 42).
2.
						Repealer filed 7-19-90; operative 7-19-90 pursuant to Government Code section
						11346.2(d)
						(Register 90, No. 39).
Note: Authority cited: Sections
						  4483,
						  4489 and
						  6029.1, Penal
						  Code; and Chapter 1519, Statutes of 1986, Section
						  9(c). Reference:
						  Section
						  6029.1, Penal
						  Code; and Chapter 1519, Statutes of 1986, Section
						  9(c).
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 3 - County Justice System Subvention Program Appeal Procedure › Section 900 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The purpose of this appeal procedure is to provide a means
					 by which a county may request review of a finding by the director of the Youth
					 Authority that an actual or potential violation of the provisions of the County
					 Justice System Subvention Program (Division 2.5, Chapter 1, Article 7, Welfare
					 and Institutions Code) has occurred.
1. New
					 Subchapter 3 (Sections
					 900-902) filed 7-18-79; effective
					 thirtieth day thereafter (Register 79, No. 29).
Note: Authority cited: Section
						6030, Penal
						Code. Reference: Sections
						6030,
						6031,
						6031.1,
						6031.2 and
						6031.4, Penal
						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 3 - County Justice System Subvention Program Appeal Procedure › Section 901 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following definitions shall apply:
(a) Appeal hearing means an administrative
				  procedure providing an appellant with an opportunity to present the facts of
				  the appeal to the Board of Corrections for a formal decision concerning matters
				  raised pursuant to the purposes set forth in Section
				  900 of these regulations. Such a
				  hearing may be conducted using oral or written testimony as specified by the
				  Board of Corrections.
(b) Appellant
				  means the Board of Supervisors or designated representative thereof of a county
				  which has been found in actual or potential violation of the provisions of
				  Division 2.5, Chapter 1, Article 7, Welfare and Institutions Code, and wishes
				  to appeal the decision of the director of the Youth Authority.
(c) Hearing Panel. The appeal hearing panel
				  shall consist of three members of the Board of Corrections, excluding the
				  director of the Youth Authority, who shall be selected by the chairman at the
				  time a notice of appeal is filed. A fourth member may be designated to act as
				  an alternate. Members designated to the hearing panel shall not be employed by
				  or citizens of the county submitting the appeal.
Note: Authority cited: Section
						6030, Penal
						Code. Reference: Sections
						6030,
						6031,
						6031.1,
						6031.2 and
						6031.4, Penal
						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 3 - County Justice System Subvention Program Appeal Procedure › Section 902 - Appeal Hearing Procedure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  An opportunity for appeal to the Board of Corrections under Section
				  900 of these regulations is
				  available to any potential appellant provided the potential appellant has
				  exhausted the appeal hearing procedure of the Youth Authority as described in
				  Title 15, California Administrative Code, Section
				  4200 et seq.
(b) The request for appeal hearing to the
				  Board of Corrections shall be filed within 30 days after a county has received
				  a notice of decision from the director of the Youth Authority pursuant to 15
				  Cal. Adm. Code 4202. The date of the action on which the request for appeal
				  hearing is based shall be the date on which the notice of decision was received
				  by the appellant.
(c) The request
				  for appeal hearing shall be in writing, and:
(1) state the basis for the appeal;
(2) state the action being requested from the
				  Board; and,
(3) attach copies of
				  correspondence with and from the Youth Authority concerning the violation. A
				  copy of the request for appeal hearing shall be provided to the director of the
				  Youth Authority
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 4 - Minimum Standards for Local Detention Facilities › Article 1 - General Instructions › Section 1000 - Statutory Authority. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Repealer and new Subchapter 4 (Articles 1 through 8 and 10 through 18) filed
						4-16-73; effective thirtieth day thereafter (Register 73, No.
						16).
2. Repealer of Subchapter 4 (Sections
						1000-1220, not consecutive) and
						new Subchapter 4 (Sections
						1000-1282, not consecutive) filed
						11-7-79; designated effective 1-1-80 (Register 79, No. 45). For prior history,
						see Registers 79, No. 20; 76, No. 10; 76, No. 1; 73, No. 35; and 73, No.
						25.
3. Amendment redesignating effective date of 11-7-79 order filed
						12-18-79 as an emergency; designated effective 4-1-80. Certificate of
						Compliance included (Register 79, No. 51). Approved by State Building Standards
						Commission 11-16-79.
4. Order of Repeal filed 6-3-85 by OAL pursuant
						to Government Code Section
						11349.7;
						effective thirtieth day thereafter (Register 85, No. 26).
Note: Authority cited: Section
						  6030, Penal
						  Code. Reference: Sections
						  6030,
						  6031,
						  6031.1,
						  6031.2 and
						  6031.4, Penal
						  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 4 - Minimum Standards for Local Detention Facilities › Article 1 - General Instructions › Section 1001 - Introduction. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Order
						of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
						11349.7;
						effective thirtieth day thereafter (Register 85, No. 26).
Note: Authority cited: Section
						  6030, Penal
						  Code. Reference: Sections
						  6030,
						  6031,
						  6031.1,
						  6031.2 and
						  6031.4, Penal
						  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 4 - Minimum Standards for Local Detention Facilities › Article 1 - General Instructions › Section 1004 - Severability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If any article, section, subsection, sentence, clause or
						phrase of these regulations is for any reason held to be unconstitutional,
						contrary to statute, exceeding the authority of the State Corrections Standards
						Authority, or otherwise inoperative, such decision shall not affect the
						validity of the remaining portion of these regulations.
1.
						Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2.
						Amendment filed 4-20-2009; operative 5-20-2009 (Register 2009, No. 17).
Note: Authority cited: Section
						  6030, Penal
						  Code. Reference: Section
						  6030, Penal
						  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 4 - Minimum Standards for Local Detention Facilities › Article 1 - General Instructions › Section 1005 - Other Standards and Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Nothing contained in the standards and requirements
						hereby fixed shall be construed to prohibit a city, county, or city and county
						agency operating a local detention facility from adopting standards and
						requirements governing its own employees and facilities; provided, such
						standards and requirements meet or exceed and do not conflict with these
						standards and requirements. Nor shall these regulations be construed as
						authority to violate any state fire safety standard, building standard, or
						health and safety code.
1.
						Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2.
						Amendment filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
Note: Authority cited: Section
						  6030, Penal
						  Code. Reference: Section
						  6030, Penal
						  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 4 - Minimum Standards for Local Detention Facilities › Article 1 - General Instructions › Section 1007 - Pilot Projects

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The pilot project is the short-term method used by a
						local detention facility/system, approved by the Board, to evaluate innovative
						programs, operations or concepts which meet or exceed the intent of these
						regulations.
The Board may, upon application of a city, county or city
						and county, grant pilot project status to a program, operational innovation or
						new concept related to the operation and management of a local detention
						facility. An application for a pilot project shall include, at a minimum, the
						following information:
(a) The
					 regulations which the pilot project will affect.
(b) Review of case law, including any
					 lawsuits brought against the applicant local detention facility, pertinent to
					 the proposal.
(c) The applicant's
					 history of compliance or non-compliance with standards.
(d) A summary of the "totality of conditions"
					 in the facility or facilities, including but not limited to;
(1) program activities, exercise and
					 recreation;
(2) adequacy of
					 supervision;
(3) types of
					 incarcerated persons affected; and,
(4) classification
					 procedures.
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 4 - Minimum Standards for Local Detention Facilities › Article 1 - General Instructions › Section 1008 - Alternate Means of Compliance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The alternate means of compliance is the long-term method
						used by a local detention facility/system, approved by the Board, to encourage
						responsible innovation and creativity in the operation of California's local
						detention facilities. The Board may, upon application of a city, county, or
						city and county, consider alternate means of compliance with these regulations
						after the pilot project process has been successfully evaluated (as defined in
						Section 1007). The city, county, or city
						and county must present the completed application to the Board no later than 30
						days prior to the expiration of its pilot project.
Applications for alternate means of compliance must meet
						the spirit and intent of improving jail management, shall be equal to or exceed
						the existing standard(s) and shall include reporting and evaluation components.
						An application for alternate means of compliance shall include, at a minimum,
						the following information:
(a) Review
					 of case law, including any lawsuits brought against the applicant local
					 detention facility, pertinent to the proposal.
(b) The applicant's history of compliance or
					 non-compliance with standards.
(c)
					 A summary of the "totality of conditions" in the facility or facilities,
					 including but not limited to:
(1) program
					 activities, exercise and recreation;
(2) adequacy of supervision;
(3) types of incarcerated persons affected;
					 and,
(4) classification
					 procedures.
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 4 - Minimum Standards for Local Detention Facilities › Article 2 - Inspection and Application of Standards › Section 1010 - Applicability of Standards

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 All standards and requirements contained herein shall apply to Types I, II, III
					 and IV facilities except as specifically noted in these regulations.
(b) Court holding facilities shall comply
					 with the following regulations:
(1) 1012,
					 Emergency Suspensions of Standards or Requirements
(2) 1018, Local Detention Facility Appeal
					 Process
(3) 1024, Court Holding and
					 Temporary Holding Facility Training
(4) 1027, Number of Personnel
(5) 1027.5, Safety Checks
(6) 1028, Fire and Life Safety
					 Staff
(7) 1029, Policy and
					 Procedures Manual
(8) 1030, Suicide
					 Prevention Program
(9) 1032, Fire
					 Suppression Preplanning
(10) 1044,
					 Incident Reports
(11) 1046, Death
					 in Custody
(12) 1050,
					 Classification Plan
(13) 1051,
					 Communicable Diseases
(14) 1052,
					 Behavioral Crisis Identification
(15) 1053, Administrative
					 Separation
(16) 1057, Developmental
					 Disabilities
(17) 1058, Use of
					 Restraint Devices
(18) 1058.5,
					 Restraints and Pregnant Persons
(19) 1068, Access to Courts and
					 Counsel
(20) Title 24, Section
					 13-102(c)1,
					 Letter of Intent
(21) Title 24,
					 Section 13-102(c)3,
					 Operational Program Statement
(22)
					 Title 24, Section
					 13-102(c)5,
					 Submittal of Plans and Specifications
(23) Title 24, Section
					 13-102(c)6 C,
					 Design Requirements
(24) Title 24,
					 Part 2, Section
					 1231.2, Design Criteria for
					 Required Spaces
(25) Title 24, Part
					 2, Section
					 1231.3, Design Criteria for
					 Furnishings and Equipment
(26)
					 1200, Responsibility for Health Care Services
(27) 1220, First Aid Kit(s)
(28) 1246, Food Serving and
					 Supervision
(29) 1280, Facility
					 Sanitation, Safety, Maintenance
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 4 - Minimum Standards for Local Detention Facilities › Article 2 - Inspection and Application of Standards › Section 1011 - Variances. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2.
						Change without regulatory effect repealing Section
						1011 (Register 86, No. 32).
Note: Authority cited: Section
						  6030, Penal
						  Code. Reference: Section
						  6030, Penal
						  Code.