§ 544. Fund Award Conditions.

(a) Prior to entering into a contract with a county, the Board shall ensure that the county is ready to proceed with construction. A county shall be deemed ready to proceed with construction when it has done all of the following:

(1) Received construction bids from contractors.

(2) Received written comments from the Board regarding the preliminary staffing plan and operating cost analysis for the proposed facility.

(3) Filed an acceptable needs assessment study as prescribed in sections 534, 536 and 538 of these regulations.

(4) Certified that juveniles are not housed in adult facilities, unless otherwise authorized by law.

(5) Received certification from the Board that the county has met the measures established for the use of alternatives to incarceration as set forth in section 512 of these regulations, when required.

(6) Documented the existence of, or plans in the proposed funded project for, separate housing for persons detained or arrested because of intoxication and mentally disordered defendants or convicted prisoners.

(7) Received approval of the construction cost budget by the Board as described in section 549 of these regulations.

(8) Met the requirements of Title 24, part 1, chapter 13, section 13-101, California Code of Regulations.

(9) Submitted a written statement from the contact person designated by the county board of supervisors that products for construction, renovation, equipment and furnishings produced and sold by the Prison Industry Authority or local jail industry programs have been utilized in the county's plans and specifications for any project(s) funded under the County Correctional Facility Capital Expenditure and Youth Facility Bond Act of 1988, or either:

(A) the products cannot be produced and delivered without causing delay to the construction of the project; or,

(B) the products are not suitable for the facility or competitively priced and cannot otherwise be reasonably adapted.

(10) Submitted a written statement from the contact person designated by the county board of supervisors that the county has consulted with the staff of the Prison Industry Authority or local jail industry program to develop new products and adapt existing products to their needs.

(11) Filed with the Board a final notice of determination on its environmental impact report.

(12) Certified, by board of supervisors' resolution that the county has complied with the master site plan requirements of section 539 of these regulations.

(13) Filed with the Board a written certification, signed by county counsel, that the county owns, or has long-term possession of, the construction site.

(b) If the county fails to begin construction within six months after signing a contract with the Board of Corrections, the Board shall have the right to suspend or terminate the contract, after notice to the county, unless the county demonstrates to the satisfaction of the Board that unusual and unavoidable circumstances caused the delay.

(c) Construction or renovation work for any project funded from the County Correctional Facility Capital Expenditure and Youth Facility Bond Act of 1988 shall begin and a contract signed with the Board by September 30, 1993. If a county fails to meet this requirement, any allocation to that county under the Act shall be deemed void and shall revert to the Board for reallocation. The Board may waive this requirement if it determines there are unavoidable delays in the initiation of construction activities.

HISTORY

1. Amendment filed 9-29-83; effective thirtieth day thereafter (Register 83, No. 40).

2. Amendment 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) and (c) 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) 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, 4497.14, and 4497.50, Penal Code.