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 6 - Construction Financing Program › Article 3 - Application to Participate in Construction Financing Programs › Section 1751 - General County Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Pursuant to California Government Code Sections
					 15820.901,
					 15820.911,
					 15820.92,
					 15820.930,
					 and
					 15820.940,
					 a participating county may acquire, design, and construct the local jail in
					 accordance with its local contracting authority.
(b) Pursuant to California Government Code
					 Sections
					 15820.901,
					 15820.911,
					 15820.92,
					 15820.930,
					 and
					 15820.940,
					 a participating county may assign an inspector during the construction of the
					 project, notwithstanding California Government Code Section
					 14951.
(c) Pursuant to California Government Code
					 Sections
					 15820.901,
					 15820.911,
					 15820.92,
					 15820.930,
					 and
					 15820.940,
					 the participating county is the lead agency responsible for compliance with the
					 California Environmental Quality Act.
(d) With the consent of the Board, the CDCR
					 and a participating county are authorized to enter into leases, subleases,
					 contracts, or other agreements pursuant to California Government Code Sections
					 15820.905
					 and
					 15820.915.
					 With the consent of the Board, the BSCC or CDCR and a participating county are
					 authorized to enter into leases, subleases, contracts, or other agreements
					 pursuant to California Government Code Sections
					 15820.924,
					 15820.934
					 and
					 15820.944.
(e) In all agreements related to this
					 program, the participating county shall indemnify, defend, and hold harmless
					 the State of California for any and all claims and losses accruing and
					 resulting from or arising out of the participating county's acquisition,
					 design, construction, operation, maintenance, use and occupancy of the local
					 jail facility or Adult Local Criminal Justice Facility.
1. New
						section filed 2-4-2008 as an emergency; operative 2-4-2008 (Register 2008, No.
						6). Pursuant to Penal Code section
						5058.3, a
						Certificate of Compliance must be transmitted to OAL by 7-14-2008 or emergency
						language will be repealed by operation of law on the following
						day.
2. New section refiled 7-14-2008 as an emergency; operative
						7-14-2008 (Register 2008, No. 29). Pursuant to Penal Code section
						5058.3, a
						Certificate of Compliance must be transmitted to OAL by 10-14-2008 or emergency
						language will be repealed by operation of law on the following
						day.
3. Certificate of Compliance as to 7-14-2008 order transmitted
						to OAL 10-14-2008 and filed 11-26-2008 (Register 2008, No. 48).
4.
						Amendment of subsection (e) filed 12-5-2011 as an emergency; operative
						12-5-2011 (Register 2011, No. 49). Pursuant to Penal Code section
						5058.3, a
						Certificate of Compliance must be transmitted to OAL by 5-14-2012 or emergency
						language will be repealed by operation of law on the following
						day.
5. Amendment of subsection (e) refiled 6-26-2012 as an
						emergency; operative 6-26-2012 (Register 2012, No. 26). A Certificate of
						Compliance must be transmitted to OAL by 9-24-2012 or emergency language will
						be repealed by operation of law on the following day.
6. Certificate
						of Compliance as to 6-26-2012 order transmitted to OAL 8-27-2012 and filed
						9-25-2012 (Register 2012, No. 39).
7. Amendment of subsections
						(b)-(e) and amendment of NOTE filed 1-9-2014 as an emergency; operative
						1-9-2014 (Register 2014, No. 2). A Certificate of Compliance must be
						transmitted to OAL by 7-8-2014 or emergency language will be repealed by
						operation of law on the following day.
8. Amendment of subsections
						(b)-(e) and amendment of NOTE refiled 7-7-2014 as an emergency; operative
						7-7-2014 (Register 2014, No. 28). A Certificate of Compliance must be
						transmitted to OAL by 10-6-2014 or emergency language will be repealed by
						operation of law on the following day.
9. Certificate of Compliance
						as to 7-7-2014 order transmitted to OAL 9-29-2014 and filed 11-6-2014 (Register
						2014, No. 45).
10. Amendment of subsections (b)-(d) and amendment of
						NOTE filed 6-18-2015 as an emergency; operative 6-18-2015 (Register 2015, No.
						25). A Certificate of Compliance must be transmitted to OAL by 12-15-2015 or
						emergency language will be repealed by operation of law on the following
						day.
11. Certificate of Compliance as to 6-18-2015 order transmitted
						to OAL 11-13-2015 and filed 12-24-2015 (Register 2015, No. 52).
12.
						Amendment of subsections (b) and (c) and amendment of NOTE filed 12-29-2016 as
						an emergency; operative 12-29-2016 (Register 2016, No. 53). A Certificate of
						Compliance must be transmitted to OAL by 6-27-2017 or emergency language will
						be repealed by operation of law on the following day.
13. Amendment
						of subsections (b) and (c) and amendment of NOTE refiled 6-28-2017 as an
						emergency; operative 6-28-2017 (Register 2017, No. 26). A Certificate of
						Compliance must be transmitted to OAL by 9-26-2017 or emergency language will
						be repealed by operation of law on the following day.
14.
						Certificate of Compliance as to 6-28-2017 order, including amendment of
						subsections (a) and (d), transmitted to OAL 9-22-2017 and filed 11-3-2017;
						amendments operative 11-3-2017 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2017, No. 44).
Note: Authority cited: Sections
						  15820.906,
						  15820.916,
						  15820.925,
						  15820.935
						  and
						  15820.945,
						  Government Code; and Section
						  6030, Penal
						  Code. Reference: Sections
						  15820.901,
						  15820.905,
						  15820.911,
						  15820.915,
						  15820.92,
						  15820.924,
						  15820.930,
						  15820.934,
						  15820.940
						  and
						  15820.944,
						  Government Code.