§ 1706. Definitions.

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 Program” means the requirements set forth in Chapters 3.13 of Title 2, Division 3, Part 10b of the California Government Code to finance the construction of adult local criminal justice facilities.

“Adult local criminal justice facility” means a facility or portion thereof which may include any custodial housing, reentry, program, mental health, or treatment space necessary to manage the adult offender population.

“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 Program.

“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.

“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, and 1714.2 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 Program, 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, 1714, 1714.2, 1730, 1730.2, 1731, 1740, and 1740.2 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 for the Local Jail Construction Financing Program and to BSCC for the Adult Local Criminal Justice Facilities Construction Financing Program. The term of the bonds are subject to availability for use and occupancy; for Phase I and Phase II the CDCR or BSCC agrees to pay rent and fulfill other related obligations, for the Adult Local Criminal Justice Facilities Construction Financing Program the 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.

“Funding preference criteria” means criteria by which proposals will be given funding preference for financing through the Adult Local Criminal Justice Construction Financing Program. Funding preference criteria includes: commitment of adequate county contribution funds, submittal of initial real estate due diligence package, documentation of CEQA compliance, and review of and authorization to execute the financing program project documents.

“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, and 1714.2.

“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, and 1714.2.

“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, and May 1, 2013 for the Adult Local Criminal Justice Facilities Construction Financing Program.

“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 and 3.13 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, and 1712.2, 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, and 1714.2.

“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, and May 1, 2013 for the Adult Local Criminal Justice Facilities Construction Financing Program.

“Needs assessment study” means a compilation of data that substantiates and justifies the scope of the project proposed to be funded through the 2007 Local Jail Construction Financing Program and the Adult Local Criminal Justice Facilities Construction Financing Program.

“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 through the Phase I of the Local Jail Construction Financing Program.

“Operational program statement” means a description of the intended operation of a local jail 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 Program.

“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, or 3.13 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, and design character of the buildings and site; the required form, fit, function, operational requirements, and quality of design, materials, equipment, and workmanship; and any other information deemed necessary to sufficiently describe the participating county's needs; including documents prepared pursuant to paragraph (1) of subdivision (d) of Section 20133 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 Program.

“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. For the Adult Local Criminal Justice Facilities Construction Program the CDCR is not a party to the PDCA.

“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 Program.

“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.

“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 for January 1, 2007 for Phase I, January 1, 2011 for Phase II, and May 1, 2013 for the Adult Local Criminal Justice Facilities Construction Financing Program.

“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, and 1714.2.

“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 and 3.13 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 by CDCR for Phase I and Phase II project costs, and to the county by BSCC for the Adult Local Criminal Justice Facility project costs which were deemed eligible for state financing.

“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.

HISTORY

1. New section filed 2-4-2008 as an emergency; operative 2-4-2008 (Register 2008, No. 6). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-14-2008 or emergency language will be repealed by operation of law on the following day.

2. New section refiled 7-14-2008 as an emergency; operative 7-14-2008 (Register 2008, No. 29). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 10-14-2008 or emergency language will be repealed by operation of law on the following day.

3. Certificate of Compliance as to 7-14-2008 order, including amendment of definitions of “Facility lease” and “Participating county” and new definitions of “Facility sublease” and “Ground lease,” transmitted to OAL 10-14-2008 and filed 11-26-2008 (Register 2008, No. 48).

4. New definitions of “Concept drawings,” “Design-bid-build,” “Design-build” and “Performance criteria” and amendment of definitions of “Ground lease,” “Rated capacity,” “Site” and “Special use beds” filed 11-22-2010 as an emergency; operative 11-22-2010 (Register 2010, No. 48). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 5-2-2011 or emergency language will be repealed by operation of law on the following day.

5. Certificate of Compliance as to 11-22-2010 order transmitted to OAL 4-14-2011 and filed 5-26-2011 (Register 2011, No. 21).

6. Amendment of section and Note filed 12-5-2011 as an emergency; operative 12-5-2011 (Register 2011, No. 49). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 5-14-2012 or emergency language will be repealed by operation of law on the following day.

7. Amendment of section and Note refiled 6-26-2012 as an emergency; operative 6-26-2012 (Register 2012, No. 26). A Certificate of Compliance must be transmitted to OAL by 9-24-2012 or emergency language will be repealed by operation of law on the following day.

8. Certificate of Compliance as to 6-26-2012 order transmitted to OAL 8-27-2012 and filed 9-25-2012 (Register 2012, No. 39).

9. Amendment of section and Note filed 1-9-2014 as an emergency; operative 1-9-2014 (Register 2014, No. 2). A Certificate of Compliance must be transmitted to OAL by 7-8-2014 or emergency language will be repealed by operation of law on the following day.

Note

Note: Authority cited: Sections 15820.906, 15820.916, and 15820.925, Government Code; and Section 6030, Penal Code. Reference: Sections 15820.90, 15820.901, 15820.902, 15820.903, 15820.905, 15820.906, 15820.907, 15820.91, 15820.911, 15820.912, 15820.913, 15820.915, 15820.916, 15820.917, 15820.92, 15820.921, 15820.922, 15820.923, 15820.924, 15820.925 and 15820.926, Government Code.