§ 1007. Pilot Projects.

The pilot project is the short-term method used by a local detention facility/system, approved by the Board, to evaluate innovative programs, operations or concepts which meet or exceed the intent of these regulations.

The Board may, upon application of a city, county or city and county, grant pilot project status to a program, operational innovation or new concept related to the operation and management of a local detention facility. An application for a pilot project shall include, at a minimum, the following information:

(a) The regulations which the pilot project will affect.

(b) Review of case law, including any lawsuits brought against the applicant local detention facility, pertinent to the proposal.

(c) The applicant's history of compliance or non-compliance with standards.

(d) A summary of the “totality of conditions” in the facility or facilities, including but not limited to;

(1) program activities, exercise and recreation;

(2) adequacy of supervision;

(3) types of inmates affected; and,

(4) inmate classification procedures.

(e) A statement of the goals the pilot project is intended to achieve, the reasons a pilot project is necessary and why the particular approach was selected.

(f) The projected costs of the pilot project and projected cost savings to the city, county, or city and county, if any.

(g) A plan for developing and implementing the pilot project including a time line where appropriate.

(h) A statement of how the overall goal of providing safety to staff and inmates will be achieved.

The Board shall consider applications for pilot projects based on the relevance and appropriateness of the proposed project, the completeness of the information provided in the application, and staff recommendations.

Within 10 working days of receipt of the application, Board staff will notify the applicant, in writing, that the application is complete and accepted for filing, or that the application is being returned as deficient and identifying what specific additional information is needed. This does not preclude the Board members from requesting additional information necessary to make a determination that the pilot project proposed actually meets or exceeds the intent of these regulations at the time of the hearing. When complete, the application will be placed on the agenda for the Board's consideration at a regularly scheduled meeting. The written notification from the Board to the applicant shall also include the date, time and location of the meeting at which the application will be considered. (The Board meeting schedule for the current calendar year is available through its office in Sacramento.)

When an application for a pilot project is approved by the Board, Board staff shall notify the applicant, in writing within 10 working days of the meeting, of any conditions included in the approval and the time period for the pilot project. Regular progress reports and evaluative data on the success of the pilot project in meeting its goals shall be provided to the Board. If disapproved, the applicant shall be notified in writing, within 10 working days of the meeting, the reasons for said disapproval. This application approval process may take up to 90 days from the date of receipt of a complete application.

Pilot project status granted by the Board shall not exceed twelve months after its approval date. When deemed to be in the best interest of the application, the Board may extend the expiration date for up to an additional twelve months. Once a city, county, or city and county successfully completes the pilot project evaluation period and desires to continue with the program, it may apply for an alternate means of compliance as described in Section 1008 of these regulations.

HISTORY

1. New section filed 8-4-94; operative 9-5-94 (Register 94, No. 31). For prior history, see Register 85, No. 26.

2. Amendment filed 4-20-2009; operative 5-20-2009 (Register 2009, No. 17).

3. Amendment of section and Note filed 8-20-2012; operative 9-19-2012 (Register 2012, No. 34).

Note

Note: Authority cited: Sections 6024 and 6030, Penal Code. Reference: Section 6029, Penal Code.