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 1 - General Provisions › Section 1706 - 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 in this article, unless the context
						of their use clearly requires a different meaning.
"Local Jail Construction Financing Program" means the
						requirements set forth in Chapters 3.11 and 3.12 of Title 2, Division 3, Part
						10b of the California Government Code to finance the construction of local
						jails.
"Adult Local Criminal Justice Facilities Construction
						Financing Programs" means the requirements set forth in Chapters 3.13, 3.131,
						and 3.132 of Title 2, Division 3, Part 10b of the California Government Code to
						finance the construction of adult local criminal justice facilities awarded
						under SB 102, SB 863, and SB 844.
"Adult local criminal justice facility" means a facility
						or portion thereof which may include any improved housing with an emphasis on
						expanding program and treatment space, and which may include any custodial
						housing, reentry, program, mental health, or treatment space, as are necessary
						to manage the adult offender population consistent with the legislative intent
						described in Sections
						17.5 and
						3450 of the
						Penal Code under the jurisdiction of the sheriff or county department of
						corrections.
"Administrative work plan" means a comprehensive plan for
						designing, performing and managing the proposed project.
"Applicant" means the participating county that is
						applying for financing through the Local Jail Construction Financing Program or
						the Adult Local Criminal Justice Facilities Construction Financing
						Programs.
"Application" means the document prepared by a county, or
						two or more counties if a common application, by which a request is made to
						participate in Phase II of the Local Jail Construction Financing Program or the
						Adult Local Criminal Justice Facilities Construction Financing Programs.
"Application assessment factors" means criterion by which
						applications will be assessed, as stipulated in Sections
						1712.1,
						1714.1,
						1730.1,
						1731, and
						1740.1 of these regulations, for
						financing through Phase II of the Local Jail Construction Financing Program or
						the Adult Local Criminal Justice Facilities Construction Financing
						Program.
"Architectural drawings" means full-size architectural
						renderings that shall be prepared at least 1/8" scale.
"Assist the State in siting mental health day treatment
						and crisis care, and/or a continuum of care for parolees" means a Board of
						Supervisors' resolution outlining the county's intent to assist the State in
						siting mental health day treatment and crisis care, pursuant to Penal Code
						Section
						3073, and/or a
						continuum of care at the conclusion of an offenders parole period in Phase I of
						the Local Jail Construction Financing Program.
"Assist the State in siting reentry facilities" means a
						Board of Supervisors' resolution outlining the county's intent to assist the
						State in siting a reentry facility, pursuant to Penal Code Section
						6270 in Phase I
						of the Local Jail Construction Financing Program.
"Board" means the State Public Works Board.
"Board of State and Community Corrections agreement" also
						known as the BSCC agreement means the written agreement and any amendments
						thereto which outline roles and responsibilities between the participating
						county and the BSCC as it relates to the oversight of the project.
"Board of Supervisors' resolution" means a written
						resolution by a County Board of Supervisors.
"BSCC" means the Board of State and Community
						Corrections.
"CCR" means California Code of Regulations.
"CDCR" means the California Department of Corrections and
						Rehabilitation.
"Cash match" and "hard match" are used interchangeably
						and mean cash dedicated to the project by the applicant for eligible
						expenditures as defined in Section
						1714,
						1714.1,
						1714.2,
						1714.3, and
						1714.4 of these
						regulations.
"Concept drawings" means, with respect to a design-build
						project, any drawings or architectural renderings that may be prepared, in
						addition to performance criteria, in such detail as the participating county
						determines necessary to sufficiently describe the participating county's
						needs.
"Conditional award" means the maximum amount of state
						reimbursement a participating county may receive for a project through the
						Local Jail Construction Financing Program or the Adult Local Criminal Justice
						Facilities Construction Financing Programs, subject to or conditioned upon
						certain requirements including, but not limited to:
1) each participating county's project must
					 be approved by the BSCC and the Board at various stages throughout planning and
					 construction as required by these regulations;
2) each participating county must enter into
					 the state/county agreements as required by these regulations; and
3) the financing mechanism of lease-revenue
					 bonds are able to be sold for each selected project.
"Construction bid" means a construction bid price.
"Construction documents" means architectural plans and
						specifications that are one hundred percent (100%) complete and generally
						include: completed specifications with bid proposal documents; completed
						construction drawings; and special interest items (corrections, modifications,
						or additions made to the documents).
"Construction management" means a specialized,
						multidisciplinary function provided by a firm or individual acting as the
						county's representative with the responsibility to guide the county through all
						phases of delivery of the construction project.
"Cost effectiveness" means a computed factor that is the
						state dollar cost per net gain in beds, to be computed as the total amount of
						state funds requested divided by the total net gain in beds.
"County" means a legal subdivision of the State of
						California as defined in subsection (a) of Section
						1 of Article XI of the California
						Constitution.
"Design-bid-build" means a construction procurement
						process independent of the design process and in which the construction of a
						project is procured based on completed construction documents.
"Design-build" means a construction procurement process
						in which both the design and construction of a project are procured from a
						single entity.
"Design capacity" includes all housing areas, even those
						specialized units that are not included in the rated capacity. It does not,
						however, include temporary holding cells, such as those in the reception and
						booking areas of the facility. Design capacity is used in calculating costs per
						bed and square foot.
"Design development" means architectural plans and
						specifications that are fifty percent (50%) complete and generally include:
						outline specifications (detention hardware, equipment, and furnishings); floor
						plans (to scale with dimensions, room designations, references, wall types, and
						ratings); building sections (heights and dimensions); interior elevations; and
						preliminary structural, mechanical, and electrical drawings.
"Detention alternatives" means programming efforts
						designed to reduce jail crowding as well as recidivism among local
						offenders.
"EIR" means environmental impact report; a report as
						defined in the California Environmental Quality Act (CEQA) as implemented in
						Title 14, CCR, Public Resources Code, Sections
						21000-
						21177.
"Evaluation and rating process" means the method by which
						each county's proposal will be evaluated using the criteria stipulated in
						Sections 1712,
						1712.2,
						1712.3,
						1712.4,
						1714,
						1714.2,
						1714.3,
						1714.4,
						1730,
						1730.2,
						1730.3,
						1730.4,
						1731,
						1740,
						1740.2,
						1740.3, and
						1740.4 of these regulations
						resulting in a rank ordered list for financing consideration.
"Facility administrator" means the sheriff or other
						official charged by law with the administration of a local jail or Adult Local
						Criminal Justice Facility.
"Facility lease" means a lease-revenue bond financing
						document in which the Board leases the site and the Board-financed local jail
						facility project to CDCR or BSCC. The term of the bonds are subject to
						availability for use and occupancy. CDCR or BSCC agrees to pay rent and fulfill
						other related obligations.
"Facility sublease" means a sublease of the
						Board-financed facility from CDCR and/or BSCC, with the consent of the Board,
						to a participating county, for its use, operation and maintenance, as described
						in Section
						1754.
"Fixed equipment and fixed furnishings" means furniture,
						fixtures, and equipment that are physically attached to an immoveable object,
						such as a floor or wall.
"Ground lease" means a lease between a participating
						county and CDCR or BSCC with the consent of the Board, to place possession and
						control of the real property upon which the Board-financed project will be
						constructed with CDCR or BSCC as described in Section
						1752.
"Hard match" and "cash match" are used interchangeably
						and mean cash dedicated to the project by the applicant for eligible
						expenditures as defined in Sections
						1714,
						1714.1,
						1714.2,
						1714.3, and
						1714.4.
"In-kind match" and "soft match" are used interchangeably
						and mean local funds in the form of property value or management/administrative
						services dedicated to the project by the applicant for eligible expenditures as
						defined in Sections
						1714,
						1714.1,
						1714.2,
						1714.3, and
						1714.4.
"In-person visit" and "In-person visitation" means a
						visit or visitation during which an incarcerated person has contact with a
						visitor, is able to see a visitor through glass, or is otherwise in an open
						room without physical contact with a visitor.
"Interim Financing" is a loan or loans that the CDCR and
						the Board, or the BSCC and the Board, obtain for the state's share of the
						project and which may be obtained pursuant to:
i) Sections
					 16312 and
					 16313 of
					 the California Government Code (Pooled Money Investment Board loans), (ii)
					 Section
					 15849.1 of
					 the California Government Code (General Fund loans), or iii) any other
					 appropriate source.
"Large county" means a county with a general county
						population from 700,001 and above as estimated by the State Department of
						Finance for January 1, 2007 for Phase I, January 1, 2011 for Phase II, May 1,
						2013 for SB 1022, July 1, 2014 for SB 863 and January 1, 2016 for SB
						844.
"Lease-revenue bonds" and "state bond financing" are
						interchangeable and means lease-revenue bonds issued by the State Public Works
						Board for jail facilities as authorized in Chapters 3.11, 3.12, 3.13, and 3.131
						of Title 2, Division 3, Part 10b of the California Government Code, as may be
						amended from time to time.
"Local jail" means Type II, III and IV facilities as
						defined in Title 15, CCR, Section
						1006 and Title 24, CCR, Part 1,
						Section 13-102. Pursuant to Sections
						1712,
						1712.1,
						1712.2,
						1712.3, and
						1712.4, only county-owned and
						operated local jails are eligible for state bond financing. Temporary and court
						holding facilities are not eligible for state bond financing.
"Match" means local funds in the form of cash, property
						value, or management/administrative services contributed by a county on a state
						bond financed project in the ratio described in Sections
						1714,
						1714.1,
						1714.2,
						1714.3, and
						1714.4.
"Medium county" means a county with a general county
						population from 200,001 to 700,000 as estimated by the State Department of
						Finance for January 1, 2007 for Phase I, January 1, 2011 for Phase II, May 1,
						2013 for SB 1022, July 1, 2014 for SB 863, and January 1, 2016 for SB
						844.
"Moveable equipment and moveable furnishings" means
						furniture, fixtures, and equipment that are not fixed equipment and fixed
						furnishings, not including consumable items beyond those included in the
						initial construction contract.
"Needs assessment study" means a compilation of data that
						substantiates and justifies the scope of the project proposed to be
						funded.
"Net gain in beds" means the number of beds (rated
						capacity and special use beds) to be added, minus the number of existing beds
						(rated capacity and special use beds) to be eliminated in the county (if any)
						as a result of the project constructed.
"Operational program statement" means a description of
						the intended operation of a local jail or Adult Local Criminal Justice
						Facility.
"Participating county" means any county or regional
						consortium of counties within the state that has been certified to the Board by
						the CDCR and/or BSCC as having satisfied all of the requirements set forth in
						Chapter 3.11, 3.12, 3.13, 3.131, or 3.132 of Title 2, Division 3, Part 10b of
						the California Government Code, respectively, for financing the construction or
						renovation of a local jail facility pursuant to those chapters.
"Performance criteria" means, with respect to a
						design-build project, the information that fully describes the scope of the
						proposed project and includes, but is not limited to, the size, type, the
						desired design character of the project, performance specifications covering
						the quality of materials, equipment, workmanship, preliminary plans or building
						layouts, or any other information deemed necessary to describe adequately the
						participating county's needs; including documents prepared pursuant to
						paragraph (1) of subdivision (a) of Section
						22164
						of the Public Contract Code.
"Phase I" means the process and awarding of financing
						pursuant to Chapter 3.11 of Title 2, Division 3, Part 10b of the California
						Government Code.
"Phase II" means the process and awarding of financing
						pursuant to Chapter 3.12 of Title 2, Division 3, Part 10b of the California
						Government Code.
"Preliminary plans" means a site plan, architectural
						floor plans, elevations, outline specifications and a cost estimate for each
						utility, site development, conversion, and remodeling project. The drawings
						shall be sufficiently descriptive to accurately convey the location, scope,
						cost and the nature of the improvement being proposed.
"Program space" means space in which offenders receive
						services in the form of programming or treatment to reduce recidivism or as an
						alternative to incarceration.
"Project" means the construction or renovation of a local
						jail facility or adult local criminal justice facility proposed to be financed
						through the Local Jail Construction Financing Program or the Adult Local
						Criminal Justice Facilities Construction Financing Programs.
"Project delivery and construction agreement" also known
						as PDCA, means the written agreement and any amendments thereto between the
						Board, the CDCR, or the BSCC, and the participating county supplying the terms,
						provisions, and conditions governing the delivery of the project, as well as
						other supplemental terms and conditions that are deemed necessary to the
						project by the Board as described in Section
						1748.
"Proposal" means the document prepared by a county, or
						two or more counties if a common application, by which a request is made to
						participate in Phase I of the Local Jail Construction Financing Program or the
						Adult Local Criminal Justice Facilities Construction Programs.
"Proposal evaluation criteria" means criterion by which
						proposals will be rated.
"Rated capacity" means the number of inmate occupants, as
						determined by the BSCC, for which a facility's single and double occupancy
						cells or dormitories (excluding those areas dedicated for medical or mental
						health care or disciplinary isolation housing), were planned and designed in
						conformity with the standards and requirements contained in Title 15, CCR,
						Division 1, Chapter 1, Subchapter 4 and Title 24, CCR, Part 1, Section
						13-102 and Part 2, Section
						1231.
"Reentry preference" means preference given to counties
						in Phase I of the Local Jail Construction Financing Program that agree to
						assist the State in siting reentry facilities pursuant to Government Code
						Section
						15820.907.
"Regional consortium of counties" means two or more
						counties bound together by a memorandum of understanding or a joint powers
						agreement identifying the terms, conditions, rights, responsibilities, and
						financial obligations of all parties.
"SB 844" means the process and awarding of financing
						pursuant to Chapter 3.132 of Title 2, Division 3, Part 10b of the California
						Government Code.
"SB 863" means the process and awarding of financing
						pursuant to Chapter 3.131 of Title 2, Division 3, Part 10b of the California
						Government Code.
"SB 1022" means the process and awarding of financing
						pursuant to Chapter 3.13 of Title 2, Division 3, Part 10b of the California
						Government Code.
"Schematic design" means architectural plans and
						specifications that are thirty percent (30%) complete and generally include: a
						site plan; floor plan; exterior elevations and cross sections; type of
						construction; and actual gross floor area.
"Scope of work and project impact" means a description of
						the project and the impact the project will have on the county's detention
						system.
"Site" means the property on which the Board-financed
						local jail facility is located, including a buffer zone. Roadways or areas
						serving functions other than the jail shall not be considered part of the
						site.
"Small county" means a county with a general county
						population of 200,000 or fewer as estimated by the State Department of Finance
						on January 1, 2007 for Phase I; January 1, 2011 for Phase II; May 1, 2013 for
						SB 1022, July 1, 2014 for SB 863, and May 1, 2016 for SB 844.
"Soft match" and "in-kind match" are used interchangeably
						and mean local funds in the form of property value or management/administrative
						services dedicated to the project by the applicant for eligible expenditures as
						defined in Sections
						1714,
						1714.1,
						1714.2,
						1714.3, and
						1714.4.
"Special use beds" means beds for the purpose of
						appropriately housing offenders in medical, mental health or disciplinary
						rooms, cells or units that are planned and designed in conformity to the
						standards and requirements contained in Title 15, CCR, Division 1, Chapter 1,
						Subchapter 4 and Title 24, CCR, Part 1, Section
						13-102 and Part 2, Section
						1231.
"Staffing plan" means an assessment and identification of
						staffing levels needed to operate the proposed project.
"State bond financing" and "lease-revenue bonds" are used
						interchangeably and mean lease-revenue bonds issued by the State Public Works
						Board for jail facilities as authorized in Chapters 3.11, 3.12, 3.13, 3.131,
						and 3.132 of Title 2, Division 3, Part 10b of the California Government Code,
						as may be amended from time to time.
"State reimbursements" are payments made to the county
						for costs deemed eligible for state financing as provided in Sections
						1712 through
						1712.4.
"Working drawings" means a complete set of plans and
						specifications showing and describing all phases of a project, architectural,
						structural, mechanical, electrical, civil engineering and landscaping systems
						to the degree necessary for the purposes of accurate bidding by contractors and
						for the use of artisans in constructing the project.