§ 1806. 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.

“2007 Local Youthful Offender Rehabilitative Facility Construction Financing Program” means the requirements set forth in Chapter 1.5, Article 3 of the Welfare and Institutions Code to finance the construction of local youthful offender rehabilitative facilities.

“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 2007 Local Youthful Offender Rehabilitative Facility Construction Financing Program.

“Authority” means State Corrections Standards Authority, which acts by and through its Executive Director and representatives.

“Board” means the State Public Works Board.

“Board of Supervisors' resolution” means a written resolution by a County Board of Supervisors.

“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 1814.

“Conditionally award state bond funds” means that counties selected for financing through the 2007 Local Youthful Offender Rehabilitative Facility Construction Financing Program will be awarded funds that are subject to or conditioned upon certain requirements including, but not limited to: 1) each county's project must be approved by the Authority and the Board at various stages throughout planning and construction as required by these regulations; 2) each selected 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 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.

“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.

“County juvenile facility” means a county juvenile hall, juvenile home, ranch or camp, forestry camp, regional youth education facility, boot camp or special purpose juvenile hall as defined in Title 15, CCR, Division 1, Chapter 1, Subchapter 5, Section 1302 and Title 24, CCR, Part 1, Section 13-201. Pursuant to Section 1812, only county-owned and operated county juvenile facilities or local youthful offender rehabilitative facilities are eligible for state bond financing. Temporary and court holding facilities are not eligible for state bond financing.

“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 rooms, 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 juvenile facility 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 1812, 1814, 1830, 1831, and 1840 of these regulations resulting in a rank ordered list for financing consideration.

“Facility administrator” means the chief probation officer or other official charged by law with the administration of a county juvenile facility or local youthful offender rehabilitative facility.

“Facility lease” means a lease-revenue bond financing document in which the Board leases the site and the Board-financed county juvenile facility or local youthful offender rehabilitative facility to CDCR for the term of the bonds and, subject to availability for use and occupancy, the CDCR agrees to pay rent and other related obligations.

“Facility sublease” means a sublease of the Board-financed county juvenile facility or local youthful offender rehabilitative facility from CDCR, with the consent of the Board, to a participating county, for its use, operation and maintenance, as described in Section 1854.

“Ground lease” means a lease between a participating county and CDCR, with the consent of the Board, to place possession and control of the real property upon which the county juvenile facility or local youthful offender rehabilitative facility will be constructed (the “site”) with CDCR as described in Section 1852.

“Hard match” and “cash match” are used interchangeably and mean cash dedicated to the project by the applicant for eligible expenditures as defined in Section 1814.

“In-kind match” and “soft match” are used interchangeably and mean the cost of county-paid personnel, land, or services dedicated to the project by the applicant for eligible expenditures as defined in Section 1814.

“Large county” means a county with a general county population from 700,001 and above as provisionally estimated by the State Department of Finance for July 1, 2007.

“Lease-revenue bonds” and “state bond funds” are interchangeable and mean lease-revenue bonds issued by the State Public Works Board for local juvenile facilities as authorized in Chapter 1.5, Article 3, of the Welfare and Institutions Code, as may be amended from time to time.

“Match” means local funds in the form of cash, property value, or management/administrative services contributed by a county on a state bond funded project in the ratio described in Section 1814.

“Medium county” means a county with a general county population from 200,001 to 700,000 as provisionally estimated by the State Department of Finance for July 1, 2007.

“Needs assessment study” means a compilation of data that substantiates and justifies the scope of the new county juvenile facility or local youthful offender rehabilitative facility or the project that expands the rated capacity of a current facility proposed to be funded through the 2007 Local Youthful Offender Rehabilitative Facility Construction Financing Program.

“Net gain in beds” means the number of beds (rated capacity and special use beds) to be added (if any), 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 2007 Local Youthful Offender Rehabilitative Facility Construction Financing Program.

“Operational program statement” means a description of the intended operation of a county juvenile facility or local youthful offender rehabilitative facility proposed to be funded through the 2007 Local Youthful Offender Rehabilitative Facility Construction Financing Program.

“Participating county,” as defined in Welfare and Institutions Code Section 1970, means any county or regional consortium of counties within the state that has been certified to the Board by the CDCR as having satisfied all of the requirements set forth in Welfare and Institutions Code Sections 1970 and 1975 respectively, for financing the construction or renovation of a county juvenile facility or local youthful offender rehabilitative facility pursuant to those chapters.

“Project” means the construction, expansion or renovation of a county juvenile facility or local youthful offender rehabilitative facility proposed to be funded by the 2007 Local Youthful Offender Rehabilitative Facility Construction Financing Program.

“Project delivery and construction agreement” means the written agreement and any amendments thereto between the Board, the CDCR, the Authority, 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.

“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 the 2007 Local Youthful Offender Rehabilitative Facility Construction Financing Program.

“Proposal evaluation criteria” means criterion by which proposals will be rated for financing through the 2007 Local Youthful Offender Rehabilitative Facility Construction Financing Program.

“Rated capacity” means the number of detainee occupants, as determined by the Authority, for which a facility's single and double occupancy rooms 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 5 and Title 24, CCR, Part 1, Section 13-201 and Chapter 12, Section 1230.

“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.

“Renovation” means major upgrading, enhancing, remodeling or reassigning of space with the primary objective to improve safety, security and functional use (including rehabilitative program use) and extend the useful life of the facility.

“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 juvenile detention system.

“Site” means the property on which the county juvenile facility or local youthful offender rehabilitative facility is located, including a buffer zone. Roadways or areas serving functions other than the juvenile facility shall not be considered part of the site.

“Small county” means a county with a general county population of 200,000 or fewer as provisionally estimated by the State Department of Finance for July 1, 2007.

“Soft match” and “in-kind match” are used interchangeably and mean the cost of county-paid personnel, land, or services dedicated to the project by the applicant for eligible expenditures as defined in Section 1814.

“Special use beds” means beds for the purpose of appropriately housing detainees in medical, mental health or disciplinary rooms or units that are planned and designed in conformity to the standards and requirements contained in Title 15, CCR, Division 1, Chapter 1, Subchapter 5 and Title 24, CCR, Part 1, Section 13-201 and Chapter 12, Section 1230.

“Staffing plan” means an assessment and identification of staffing levels needed to operate the proposed project.

“State bond funds” and “lease-revenue bonds” are used interchangeably and mean lease-revenue bonds issued by the State Public Works Board for county juvenile facilities or local youthful offender rehabilitative facilities as authorized in Chapter 1.5, Article 3 of the Welfare and Institutions Code, as may be amended from time to time.

“Youthful offender rehabilitative facilities” mean county-owned structures including non-secure bed/program space meeting applicable Title 15 and Title 24 regulations in which county-operated programs take place for the purpose of the rehabilitation of youthful offenders.

HISTORY

1. New section filed 2-2-2009 as an emergency; operative 2-2-2009 (Register 2009, No. 6). A Certificate of Compliance must be transmitted to OAL by 7-13-2009 or emergency language will be repealed by operation of law on the following day.

2. Certificate of Compliance as to 2-2-2009 order transmitted to OAL 7-8-2009 and filed 8-18-2009 (Register 2009, No. 34).

Note

Note: Authority cited: Section 6030, Penal Code; and Section 1975, Welfare and Institutions Code. Reference: Sections 1970, 1971, 1972, 1973, 1974, 1975 and 1976, Welfare and Institutions Code.