§ 512. Eligibility Requirements.

(a) To be eligible for funding consideration, a county shall:

(1) Certify that juveniles are not housed in the county's adult detention facilities, except where authorized by law.

(2) Document the existence of separate housing for persons detained or arrested because of intoxication which will prevent mixing of this category of prisoner with other prisoners.

(3) Document the existence of separate housing for mentally disordered defendants or convicted prisoners, which will prevent mixing of this category of prisoner with other prisoners until such time as the responsible health authority, or his/her designee clears specific prisoners for non-separate housing, based on clinical judgement.

(4) Submit the required application document described in section 532 of these regulations;

(5) Complete or update a Major or Minor Needs Assessment as prescribed in sections 534, 536 and 538 of these regulations unless exempted as provided in section 534.

(6) Provide match as specified in section 514 of these regulations.

(7) Document the existence of courtroom facilities and hearing room facilities utilized for purposes of holding appropriate arraignments and bail hearings and for the conduct of parole revocation hearings.

(b) In addition, unless the county's sole project is a remodel of an existing adult detention facility which will not result in the addition of any beds, a county shall:

(1) demonstrate to the Board pursuant to provisions of Penal Code section 4497.10, that it is using, to the greatest extent feasible, alternatives to incarceration based on the following measures: an incarceration rate of no more than one standard deviation above the mean for all counties AND a pretrial misdemeanor incarceration rate of no more than one standard deviation above the mean for all counties OR a sentenced prisoner alternatives percentage of 5 percent or more as related to total sentenced prisoner admissions.

(A) The data to be used in establishing the incarceration rate will be the 1989 calendar year average daily population as reported by each county to the Board and the Department of Finance Report on Population by County.

(B) The pretrial misdemeanor incarceration rate will be based on an average of the daily pretrial misdemeanor jail population, developed from a four-day sample period in 1989 specified by the Board.

(C) The sentenced prisoner alternatives percentage will be based on enrollment in three programs: Penal Code section 4024.2 (work-in-lieu of jail), county parole, and home detention if the placement is made after some jail time is served.

(2) Counties failing to demonstrate adequate use of alternatives to incarceration by the above measures, pursuant to Penal Code section 4407.10, will be reevaluated annually by the Board. If any county is unable to satisfy the requirements of this section by September 30, 1993, the amount allocated to the county shall revert to the state, to be reallocated by the Board.

(c) The Board shall fund

(1) only those reasonable and necessary costs attendant to the construction of local jails, not to exceed 75% of the total project costs or 75% of the applicable construction cost norms prescribed in section 549 of these regulations. Costs in excess of these levels shall be funded by the county. In no case shall this amount exceed the allocation in section 44797.04 of the Penal Code.

(2) Reimbursement of construction or renovation costs incurred after June 3, 1986 for new projects approved pursuant to these regulations.

(3) Augmentations of projects funded pursuant to section 3(c) and (d) of chapter 1133, Statutes of 1984 (SB 50) and sections 5, subdivision (b) of chapter 1519, Statutes of 1986. These augmentations and prior funding shall not exceed the allocations contained in the 1984 and 1986 Statutes and shall be for the same project as the Board approved under those provisions.

(d) Projects or items not eligible for state funding under these regulations shall include, but not be limited to, the following:

(1) Jail facilities or portions thereof operated by jurisdictions other than counties. City, state and federal facilities are not eligible for funding.

(2) Criminal justice activities that are not directly related to the care and custody of inmates.

(3) Partial completion of a jail construction project. The application must provide reasonable assurance that the result of the funding will be a functioning or operational jail or unit of a jail.

(4) Planning prior to architectural design and architectural drawings and specifications including the preparation of preliminary plans, contract drawings and specifications.

(5) Off-site preparation and construction costs.

(6) Debt service or interest payments on bonds or any other form of indebtedness required to finance projectcosts.

(7) Costs associated with the development of information and activities required by section 542, Contract Elements.

(8) County administrative costs in managing the jail construction project.

(9) Activities and staffing involved in the completion or update of a Needs Assessment Study, Master site plan, or an EIR.

(10) County building permit fees and/or inspection fees.

(e) Projects costs or items which are ineligible for state funding, but are eligible as local match contributions shall include:

(1) Architectural drawings and specifications including the preparation of preliminary plans, contract drawings and specifications.

(2) Prearchitectural programming.

(3) Site acquisition.

(4) EIR preparation costs for full or focused EIR's.

(5) Reasonable county administrative costs in managing the jail construction project.

(6) Costs paid to consultants, outside the county workforce, for the completion or update of a Needs Assessment study.

(7) Detention administrative staff costs, limited to salary and benefits, necessary for jail planning and transition activities.

HISTORY

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).

4. Amendment of subsections (a), (b), (c) and (e) filed 7-19-90; operative 7-19-90 pursuant to Government Code section 11346.2(d) (Register 90, No. 39).

5. Amendment of subsection (d) and of NOTE 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, 4497.06, 4497.10 and 4497.12, Penal Code.