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 1 - General Provisions › Section 506 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following words where used in this subchapter shall
						have the meaning hereafter ascribed to them, unless the context of their use
						clearly requires a different meaning.
(a) "Board" means State Board of Corrections,
					 which board acts by and through its executive officer and
					 representatives.
(b) "Application"
					 and "formal project proposal" are used interchangeably and mean the document
					 prepared by a county, or two or more counties if a common application, by which
					 a request is made for County Correctional Facility Capital Expenditure and
					 Youth Facility Funds from the state.
(c) "County Correctional Facility Capital
					 Expenditure and Youth Facility Fund" means moneys received from the sale of
					 State of California General Obligation Bonds as authorized by the County
					 Correctional Facility Capital Expenditure and Youth Facility Bond Act of
					 1988.
(d) "Fund" as used in the
					 context of these regulations shall mean the County Correctional Facility
					 Capital Expenditure and Youth Facility Fund.
(e) "Match" is local funds in the form of
					 cash, property or management/administrative services contributed by a county on
					 a funded project in the ratio established by the Board of
					 Corrections.
(f) "Local Funds" are
					 funds for construction collected locally or funds collected by state or federal
					 authorities and distributed to local jurisdictions without restrictions in
					 their functional purpose. General revenue sharing funds, Government Code
					 section
					 68073.4"County
					 Criminal Justice Temporary Construction Fund" monies, and Federal Justice
					 Assistance Administration funds are included in this definition.
(g) "Detention Administrator of Local Jails"
					 means the Sheriff, Chief Probation Officer, the director of a county department
					 of corrections and/or any other official charged by law with the administration
					 of a local jail or jails. Whenever the term "Detention Administrator" is used
					 in these regulations, it refers to a Detention Administrator of local
					 jails.
(h) "Local detention
					 facility" means any city, county, city and county, or regional facility used
					 for the confinement for more than 24 hours of adults, or of both adults and
					 minors, but does not include that portion of a facility for the confinement of
					 both adults and minors which is devoted only to the confinement of minors.
In addition, for the purposes of these regulations,
						"local detention facility" also includes any city, county, city and county, or
						regional facility, constructed on or after January 1, 1978, used for the
						confinement, regardless of the length of confinement, of adults or of both
						adults and minors, but does not include that portion of a facility for the
						confinement of both adults and minors which is devoted only to the confinement
						of minors.
For purposes of these regulations, a local detention
						facility does not include those rooms that are used for holding persons for
						interviews, interrogations, or investigations, and are either separate from a
						jail or located in the administrative area of a law enforcement
						facility.
(i) "Separate
					 housing" means being confined separately and distinctly from other persons in
					 the local detention facility.
(j)
					 "Overcrowding" in a local adult detention facility means a condition in which
					 the actual population of a jail exceeds 80% of the State Board of Correction's
					 rated capacity of the jail if the rated capacity is less than 100.
					 "Overcrowding" in a jail with a rated capacity of over 100 occurs when the
					 actual population exceeds 90% of rated capacity.
(k) "Rated Capacity" means the number of
					 inmate occupants for which any cell, room, unit, building, facility or
					 combination thereof was designed and constructed in conformity with the state's
					 "Minimum Standards for Local Detention Facilities" and requirements in effect
					 at the time of design and construction.
(l) "Design Capacity" includes all housing
					 areas, even those specialized units that are not included in the Board-rated
					 capacity. It does not, however, include temporary holding cells, such as those
					 in the reception and booking area of the facility. Design capacity is used in
					 calculating costs per bed and square foot.
(m) "Prearchitectural program" means a
					 description of architectural and functional requirements for a building or
					 remodeling project.
(n)
					 "Architectural design" means the preparation of architectural drawings and
					 specifications. It includes preliminary plans, plans at intermediate stages,
					 models, final working drawings, specifications and engineering.
(o) "Construction" includes new construction,
					 reconstruction, remodeling, renovation, and replacement of facilities, or
					 acquisition and installation of relocatable detention units, and the
					 performance of deferred maintenance of facilities. Only items with a useful
					 life of at least ten years are eligible for deferred maintenance.
(p) "Construction cost norms" means the
					 average range of construction costs determined by the Board from recent jail
					 construction data.
(q) "Site" means
					 the property on which the detention facility is located and a buffer zone.
					 Roadways or areas serving functions other than the jail shall not be considered
					 part of the site.
(r) "Mentally
					 disordered," for purposes of these regulations, means those prisoners diagnosed
					 as having a severe mental disorder.
(s) "Severe mental disorder" means an illness
					 or disease or condition which substantially impairs the person's thought,
					 perception of reality, emotional process, or judgement; or which grossly
					 impairs behavior; or which demonstrates evidence of an acute brain syndrome for
					 which prompt remission in the absence of treatment is unlikely. The term
					 "severe mental disorder" as used in these regulations does not include a
					 personality or adjustment disorder, epilepsy, mental retardation or other
					 developmental disabilities; or addiction to or abuse of intoxicating
					 substances.
(t) "Public Inebriate"
					 for purposes of these regulations, means those persons who are under the
					 influence of alcohol and have been arrested for violation of section
					 647(f)
					 of the Penal Code.
(u)
					 "Incarceration rate" means the annual average daily population of a county jail
					 system per 10,000 of county population. Such a rate is calculated for all
					 counties and disseminated at least annually by the Board of
					 Corrections.
(v) "Pretrial
					 misdemeanor incarceration rate" means a prescribed sample average daily
					 pretrial misdemeanor population per 10,000 of county population.
(w) "Sentenced prisoner alternatives
					 percentage" means the percentage of sentenced prisoners enrolled in specified
					 alternatives programs in relation to total sentenced prisoner
					 admissions.
(x) "Fiscal Year" means
					 the period from July 1 through June 30 inclusive.
(y) "Contract" means the written agreement
					 and any amendments thereto between the State Board of Corrections and a county
					 in which the terms, provisions, and conditions governing the funds are
					 stated.
1.
						Amendment of subsections (b),(f),(g) and new subsections (p) and (q) filed
						9-29-83; effective thirtieth day thereafter (Register 83, No.
						40).
2. Amendment of subsection (c) 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 of subsections (b), (c), (d) and
						(g) filed 7-19-90; operative 7-19-90 pursuant to Government Code section
						11346.2(d)
						(Register 90, No. 39).
5. Amendment of subsection (a) filed 3-1-91;
						operative 4-1-91 (Register 91, No. 14).
Note: Authority cited: Sections
						  4496.34 and
						  4497.06, Penal
						  Code. Reference: Sections
						  4497.02 and
						  4497.06, Penal
						  Code.