§ 506. Definitions.

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.

HISTORY

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

Note: Authority cited: Sections 4496.34 and 4497.06, Penal Code. Reference: Sections 4497.02 and 4497.06, Penal Code.