HomeMy WebLinkAboutMINUTES - 04231996 - C38 J
TO: BOARD OF SUPERVISORS Contra
FROM: PHIL BATCHELOR, COUNTY ADMINISTRATOR o _ ;s
Costa
County
DATE: Aril 17 1996
P � ST'9 CUUN�
SUBJECT: LEGISLATION: AB 3116 (BRULTE) - JUVENILE FACILITIES BOND ACT
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
ADOPT a position of SUPPORT BUT REQUEST AMENDMENTS in regard to AB
3116 by Assemblyman Jim Brulte, which, among other things, would place a $150
million bond issue on the November 5, 1996 ballot for the construction,
reconstruction, remodeling, replacement, and deferred maintenance of county
juvenile facilities.
BACKGROUND:
The Board of Supervisors has consistently supported general obligation bond
measures to help pay for the construction of county juvenile facilities. On April 16,
1996, the Board supported SB 2078 by Senator Costa which expressed the intent
of the Legislature to place a bond measure on the ballot in November for facilities
for juvenile offenders.
Assemblyman Brulte has now introduced AB 3116, which would place a $150 million
bond measure on the ballot in November for the construction, reconstruction,
remodeling, replacement, and deferred maintenance of county juvenile facilities. AB
3116 also places a $2.2 billion bond measure on the ballot for State adult and youth
correctional facilities. AB 3116 also authorizes the Department of Corrections to
construct four new prisons, 2 new reception centers and to expand a prison camp.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S): ffd" le
ACTION OF BOARD ON A rin 12l 1988 APPROVED AS RECOMMENDED OTHER X
IT IS BY THE BOARD ORDERED that AB 3116 (Brulte) the Juvenile
Facilities Bond Act is REFERRED to County advisory committees
including the Substance Abuse kdvisory Board, the Internal
Operations Committee, the Family and Human Servcies Committee,
and the Juvenile Systems Planning Advisory Committee for review
and report back t+b the Board. of Supervisors .
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
ATTESTED April 23 , 1996
Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF
cc: S RV ORS AND COUNTY TRAT
See Page 2
BY E Y
In view of the fact that it seems unlikely that Contra Costa County will be able to
construct an adequate juvenile hall without State bond funds, it is recommended that
the Board support AB 3116. However, the County Probation Officer, Terry Starr,
notes that $150 million will probably fund three juvenile halls throughout the State.
There is a pressing need for several times that much money for juvenile facilities.
He recommends that the Board also urge Assemblyman Brulte to increase the
amount of the bond issue to $500 million for county juvenile facilities, particularly in
view of the proposal to place a $2.2 billion bond measure on the same ballot for
State prison facilities. This office concurs with that recommendation and therefore
recommends that the Board support AB 3116 but also request amendments to
increase the value of the bond measure from $150 million to $500 million.
cc: County Administrator
County Probation Officer
George Roemer, CAD's Office
The Honorable James Brulte
Assemblyman, 63rd District
Room 323, State Capitol
Sacramento, CA 95814
Les Spahnn; Heim, Noack, Kelly & Spahnn
1121 L Street, Suite 100
Sacramento, CA 95814
Substance Abuse Advisory Board
Internal Operations Committee (via CAO)
Family and Human Services Committee (via CAO)
Juvenile Systems Planning Advisory Committee
-2-
C. 3S`
CALIFORNIA LEGISLATURE-1995-96 REGULAR SESSION
ASSEMBLY BILL. No. 3116
Introduced by Assembly Member Brulte
February 23, 1996
An act to add Title 4.95 (commencing with Section 4498) to,
and to add Chapter 19 (commencing with Section 7480) to
Title 7 of, Part 3 of the Penal Code, relating to financing the
construction of state and local correctional .facilities by
} providing the funds necessary therefor through the issuance
and sale of bonds of the State of California and by providing
s' for the handling and disposition of those funds, making an
appropriation therefor, and declaring the urgency thereof, to
take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 3116, as introduced, Brulte. Correctional facilities.
(1) Existing law authorizes the Department of Corrections
to construct and establish prisons at various locations.
This bill would authorize the department to construct 4 new
medium and maximum security prisons and 2 new reception
centers throughout the state, and to expand a prison camp.
The bill would appropriate $52,000,000 from the General
Fund for the preconstruction activities related to those
prisons.
(2) Existing law contains various bond acts for ! the
construction of new prisons and county juvenile facilities.
} This bill would enact' the County Juvenile Correctional
Facility Capital Expenditure and Youth Violence Bond Act of
,r
1996, which, if adopted by the voters, would authorize the
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AB 3116 — 2 —
issuance,
2 —
issuance, pursuant to the State General Obligation Bond Law,
of bonds in the amount of $150,000,000 to provide for the
construction, reconstruction, remodeling, replacement, and
deferred maintenance of county juvenile facilities.
This bill also would enact the "Three Strikes" Violent and
Career Criminal Detention Bond Act of 1996, which, if Vli
adopted, would authorize the issuance of bonds in the amount
of $2,200,000,000 to provide for the acquisition, construction,
renovation, remodeling, and deferred maintenance of state
youth and adult correctional facilities, including the facilities
authorized in (1) above and for the refinancing of interim
debt, and to reimburse the General Fund.
This bill would provide for submission of the bond acts to the
voters at the November 5, 1996, statewide general election.
(3) This bill would declare -that it is to take effect
immediately as an urgency statute.
Voter 2/3. Appropriation: yes. Fiscal committee: yes.
.State-mandated local program: no.
The people of the State of California do enact as follows.-
1
ollows:1 SECTION 1. The Legislature finds and declares all of
2 the following:
3 (a) Public safety is a primary function and
4 consideration of government. As evidenced by the
5 overwhelming support for Proposition 184, the "Three i
6 Strikes Initiative," on the November 8, 1994, general
7 election ballot, the people of the State of California are
8 demanding that violent, serious, and repeat felons be I
9 incarcerated with longer sentences.
10 (b) As a result of the passage of Proposition 184 and
11 other laws recently enacted, the inmate population of the
12 state prison system is projected to increase by
13 unprecedented numbers of inmates, with an average
14 annual increase of 17,000 inmates during the next five
15 years, creating a serious public safety risk. i
16 (c) The Legislature intends that convicted felons
17 should serve their sentences as provided by law, and is
i
18 committed to taking actions necessary to prevent the
19 early release of any convicted felon.
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AB 3116
1w, =' 1 (d) To maintain public safety, avoid unwanted court
the 2 intervention, and address projected inmate population
ind 3 growth, it is immediately necessary for the Department
4 of Corrections to construct new prisons, providing
ind . 5 permanent capacity ,to meet long-term inmate housing
if 6 needs.
int 7 (e) Numerous county juvenile facilities throughout
on, `` 8 California are dilapidated and overcrowded, and
ate i 9 expansion of available. bed capacity is critical. Capital
:ies 10 improvements are necessary to protect the life and safety
-im 11 of persons confined or employed in these facilities, and to
12 upgrade health and sanitary conditions to avoid
:he 13 threatened closures or the imposition of court-ordered
n. 14 sanctions.
pct 15 SEC. 2. The Department of Corrections is hereby
16 authorized to construct and establish a 2,124 cell
,es. 17 combination medium and maximum security prison,
18 together with a Level I support services facility, with the
19 ability to house 4,394 inmates through substantial double
us• 20 occupancy in housing units, in the vicinity of Delano in
21 Kern County, to be known as California State
t of 22 Prison-Kern County at Delano II.
23 SEC. 3. The Department of Corrections is hereby
.nd 24 authorized to construct and establish a 2,124 cell
.-he 25 combination medium and maximum security prison,
-ee 26 together with a Level I support services facility, with the
!ral 27 ability to house 4,394 inmates through substantial double
are 28 occupancy in housing units, in the vicinity of California .
be 29 City in Kern County, to be known as California State.
30 Prison-Kern County at California City.
nd 31 ' SEC. 4. The Department of Corrections is hereby
:he I 32 authorized to. construct and establish a 2,124 cell
by II 33 combination medium and maximum security prison,
Lge i . 34 together with a Level I support services facility, with the
ive , 35 ability to house 4,394 inmates through substantial double
36 occupancy in housing units, in the vicinity of Taft in Kern
)ns 37 County, to be known as California State Prison-Kern
1 is 38 County at Taft.
.-he 39 SEC. 5. The Department of Corrections is hereby
40 authorized to construct and establish a 2,124 cell
99 99
AB 3116 — 4 -
1
4 -
1 combination medium and maximum security prison,
2 together with a Level I support services facility, with the
3 ability to house 4,394 inmates through substantial double
4 occupancy in housing units,, in Solano- County, to be
5 known as California State Prison-Solano County II.
6 SEC. 6. (a) The Department of Corrections is hereby
7 authorized- to construct and establish a 2,400 cell
8 reception center, together with a Level I support services
9 facility, with the ability to house 4,918 inmates through
10 substantial double occupancy in housing units, in the
11 vicinity of Sacramento in Sacramento County, to be
12 known as the Northern California Reception Center.
13 (b) The provisions of Division 13 (commencing with
14.- Section 21000) of the Public Resources Code that require
15 consideration of alternative sites for a proposed project
16 and alternative uses for the site of a proposed project shall
17 not apply to the project authorized by this section.
18 SEC. 7. The Department of Corrections is hereby
19 authorized to construct and establish a 2,500 cell
.20 combination reception center, and medium security z;
21 prison, together with a Level I support services facility,
22 with the ability to house 51100 inmates through substantial
23 double occupancy in housing units, on the grounds of the
24. Richard J. Donovan Correctional Facility at Rock
25 Mountain in San Diego County, to be known as California
26 State Prison-San Diego County IL
27 SEC: 8. The Department of Corrections is hereby
28 authorized to change the location for any project
29 authorized in Sections 2 to 7, inclusive, of this act to either
30 the vicinity of Needles in San Bernardino County or the
31 vicinity of California City in Kern County if design or
32 construction of the project is delayed or barred due to
33 litigation or any other means.
34 SEC. 9. The Department of Corrections is hereby
35 authorized to expand Intermountain Conservation Camp
36 in Lassen County from 80 beds to approximately 120 beds.
37 SEC. 10. Notwithstanding any provision of law, the
38 inmate housing numbers stated in Sections 2 to 7,
39 inclusive, and Section 9 of this act are not to be construed
40 as inmate occupancy limitations.
99
- 5 — AB 3116
rison, ! 1 SEC. 11. The sum of fifty-two million dollars
h'the f 2 ($52,000,000) is hereby appropriated from the General
)utile 3 Fund to the Department of Corrections for the purposes
:o -be 4 of site studies and suitability reports, environmental
.5 studies, master planning, architectural programming,
.reby 6 schematics, preliminary plans, and working drawings for
cell7 the prisons authorized in Sections 2 to 7, inclusive, of this
vices 8 act.
ough 9 SEC. 12. The sum of one billion six hundred sixty-six
i the ; 10 million eight hundred thousand dollars ($1,666,800,000)
'o be . 11 is hereby appropriated from the 1996 Prison Construction
'r. i 12 Fund, created by Section 7482 of the Penal Code, to the
with 1 13 Department of Corrections, as follows:
quire I 14 (a) The sum of two hundred sixty-seven million dollars
oject 15 ($267,000;000) for the California State Prison-Kern
:shall ; 16 County at Delano II project authorized in Section 2 of this
17 act. This amount shall be available, as necessary, for the
reby 18 purposes of site acquisition, site studies and suitability
cell 19 reports, ` environmental studies, master planning,
-urity 20 architectural programming, schematics, preliminary
:ility, + 21 plans, working drawings, construction, and long lead and
intial ; 22 equipment items. A maximum of two million dollars
>f the i 23 ($2,000,000) of the funds may be made available to Kern
Rock 24 County for mitigation costs of local governments, and a
ornia 25 maximum of two million dollars ($2,000,000) of the funds
. 26 may be made available to the Kern County
;reby 27 Superintendent of Schools for mitigation costs of school
-oject 28 districts.
zither .29 (b) The sum of two hundred sixty-six million eight
,r the 30 hundred thousand dollars ($266,800,000) for the
;n or 31 California State Prison-Kern County at California City
ue to 32 project authorized in Section 3 of this act. This amount
33 . shall be available, as necessary, for the purposes of site
;reby 34 acquisition, . site studies and suitability reports,
:amp 35 environmental . studies, master planning, architectural
beds. 36 programming, schematics, preliminary plans, working
the 37 drawings, construction, and long lead and equipment
to 7, 38 items. A.maximum of two million dollars ($2,000,000) of
`rued i 39 the funds may be made available to Kern County for
! 40 mitigation costs of local governments, and a maximum of
99 99
� 3
AB 3116 — 6 —
I
6 -
1 two million dollars ($2,000,000) of the funds may be made
2 available to the Kern County Superintendent of Schools
3 for:mitigation costs of school districts.
4 (c) The sum of two hundred seventy-nine million six
5 hundred thousand dollars ($279,600,000) for. the
6 California State Prison-Kern County at Taft project
7 authorized in Section 4 of this act. This amount shall be
8 available,as necessary,for the purposes of site acquisition,
9 site studies and suitability reports, environmental studies,
10 master planning, architectural programming,
11 schematics, preliminary plans, working drawings,
12 construction, and long lead and equipment items. A
13 maximum of two million dollars ($2,000,000) of the funds
14 may be made available to Kern County for' mitigation
15 costs of local governments, and a maximum of two million
16 dollars ($2,000,000) of the funds may be made available
17 to the Kern County Superintendent of Schools for
18 mitigation costs of school districts.
19 (d) The sum of two hundred seventy-nine million nine
20 hundred thousand dollars ($279,900,000) for the
21 California State Prison-Solano County II project3
22 authorized in Section 5 of this act. This amount shall be
23 available, as necessary, for the purposes of site acquisition,
24 site studies and suitability reports, environmental studies,
25 master planning, architectural programming,
26 schematics, preliminary plans, working drawings,
27 construction, and long lead and equipment items. A
28 maximum of two million dollars ($2,000,000) of the funds
29 may be made available to Solano County for mitigation
30 costs of local governments, and a maximum of two million
31 dollars ($2,000,000) of the funds may be made available
32 to the Solano County Superintendent of Schools for
33 mitigation costs of school districts. .
34 (e) The sum of two hundred fifty-eight million dollars
35 ($258,000,000) for the Northern California Reception
36 Center project authorized in Section 6 of this act. This
37 amount shall be available, as necessary, for the purposes
38 of site acquisition, site studies and suitability reports,
39 environmental studies, master planning, architectural
40 programming, schematics, preliminaryplans, working ® I ;
99
- 7 — AB 3116
-e made ;� 1 drawings, construction, and long lead and equipment
Schools 2 items. A maximum of two million dollars ($2,000,000) of
3 the funds may be made available to Sacramento County
Ilion six 4 for mitigation costs of local governments, and a maximum
)r. the 5 of two million dollars ($2,000,000) of the funds may be
project 6 made available to the' Sacramento County
;hall be , 7 Superintendent of Schools for mitigation costs of school
iisition, 8 districts.
studies, 9 (f) The sum of two hundred eighty-seven million
nming, 10 seven hundred thousand dollars ($287,700,000) for the
)twings, 11 California State Prison-San Diego County II project
--ms. A 12 authorized in Section 7 of this act. This amount. shall be
e funds 13 available, as necessary, for the purposes of site acquisition,
igation 14 site studies and suitability reports, environmental studies,
million 15' master planning, architectural programming,
,ailable 16 schematics, preliminary plans, working drawings,
ols for 17 construction, and long lead and equipment items. A
18 maximum of two million dollars ($2,000,000) of the funds
)n nine 19 may be made available to San Diego County for
)r the 20 mitigation costs of local governments, and a maximum of
project ® ( � 21 two million dollars ($2,000,000) of the funds may be made
hall be 22 available to the San Diego County Superintendent of
.isition, 23 Schools for mitigation costs of school districts.
-tudies, 24 (g) The sum of two million eight hundred thousand
zming, ( � 25 dollars ($2,800,000) for the Intermountain Conservation
Lwings, 26 Camp expansion authorized in Section 9 of this act. This
A 27 amount shall be available, as necessary, for the purposes
funds 28 of %ite acquisition, site studies and 'suitability reports,
igation 29 environmental studies, master planning, architectural
.pillion 30 programming, schematics, preliminary plans, working
ailable 31 drawings, construction, and long lead and equipment
ols for 32 items.
33 (h) The sum of twenty-five million dollars
dollars �` - 34 ($25,000,000) for the purposes, as necessary, of site studies
eption 35 and suitability reports, environmental studies, master
t. This 36 planning, architectural programming, schematics, and
_rposes 37 preliminary plans for correctional facilities.
-3ports, 38 SEC. 13. Title 4.95 (commencing with Section 4498)
ectural 39 is added to Part 3 of the Penal Code, to read:
orking r 40
99 99
AB 3116 — 8 —
1 TITLE 4.95. COUNTY JUVENILE CORRECTIONAL
2 FACILITY CAPITAL EXPENDITURE AND YOUTH
3 VIOLENCE BOND ACT OF 1996
4
5 CHAPTER 1. GENERAL PROVISIONS
.6
7 4498. This title shall be known and may be cited as the t
8 County Juvenile Correctional. Facility Capital
9 Expenditure and Youth Violence Bond Act-of 1996.
10 4498.02. The Legislature finds and declares all of the
11 following:
12 (a) While the County Correctional Capital
13 Expenditure Bond Act, of 1986 and the County
14 Correctional Facility Capital Expenditure and Youth
15 Facility Bond Act of 1988 have provided eighty-five
16 million dollars ($85,000,000) for county juvenile facilities
17 for remodeling to help ensure health and safety
18 requirements, many problems remain.
19 (b) Expansion of available bed capacity is critical.
20 (c) Numerous county juvenile facilities throughout
g;
21 California are dilapidated and overcrowded.
22 (d) Capital improvements are necessary to protect the
23 life and safety of persons confined or employed in
24 juvenile facilities and to upgrade the health and sanitary
25 conditions of those facilities. k
26 (e) According to a survey conducted in accordance
27 with Chapter 1519 of the Statutes of 1986, at least one
28 hundred fifty million dollars ($150,000,000)• will be
29 needed to build, expand, and remodel county juvenile
30 facilities.
31 (f) Due to fiscal constraints associated with the loss of
32 local property tax revenues, counties are unable to
33 finance the construction of adequate juvenile facilities. . a
s t
34 (g) Rural counties have not been able to use jails to '
35 detain minors since 1987.
36 (h) Local juvenile facilities either are operating over
37 capacity or must implement emergency release
38 procedures, and the population of these facilities is still
39 increasing. It is essential to the public safety that
40 construction of new facilities proceed as expeditiously as ;
i
99
i
— 9 — AB 3116
ANAL : . 1 possible to relieve overcrowding and to maintain public
RUTH 2 safety and security.
3 (i) County juvenile facilities are threatened with
4 closure or. the imposition of court-ordered sanctions if
5 health and safety deficiencies are not corrected
6 immediately.
has the (.;. 7 4498.04. As used in this title, the following terms have
lapital 8 the following meanings:
3. 9 (a) "Committee" means the 1996 County Juvenile
of the 10 Correctional Facility Capital Expenditure and Youth
11 Violence Finance Committee created pursuant to
'.apital 12 Section 4498.16.
:ounty 13 (b) "Fund" means the 1996 County Juvenile
Youth 14 Correctional Facility Capital Expenditure and Youth
Lty-five 15 Violence Bond Fund created pursuant to Section 4498.06.
-�ilities 16 (c) "County juvenile facilities" means county juvenile
safety 17 halls, juvenile homes, ranches, or camps, and other
18 juvenile detention facilities.
al.
19
ghOUt r 20 CHAPTER 2. PROGRAM
21 ,
:ct the 22 4498.06. The proceeds of bonds issued and sold
-ed in 23 pursuant to this chapter shall be deposited in the 1996
nitary 24 County Juvenile Correctional Facility Capital
25 Expenditure and Youth Violence Bond Fund, which is
dance 26 hereby created.
A one 27 4498.08. (a) Money in the fund, up to a limit of one
-ill be 28 hundred fifty million dollars ($150,000,000), may be
venile 29 available for the construction, reconstruction,
30 remodeling, and replacement of county juvenile
loss of 31 facilities, and the performance of deferred maintenance
ale to 32 on county juvenile facilities, but only for the purpose of
ides.
ails to 33 reducing overcrowding and eliminating health, fire, and
�
34 life safety hazards. However, deferred maintenance for
35 facilities shall only include items with a useful life of at
; over 36 least 10 years.
Tease 37 (b) Expenditure of money in the fund shall be made
is still 38 only if county matching funds of 25 percent are provided
that 39 as determined by the Legislature, except that this
zsly as 40 requirement may be modified or waived by the
99
99
I
AB 3116 — 10 —
1 Legislature where it determines that it is necessary to JP `
2 facilitate the expeditious and equitable construction of
3 local correctional facilities.
4 (c) Notwithstanding Section 16305.7 of the
5 Government. Code, 'all interest or other increment
6 resulting from the investment of moneys deposited in the
7 fund shall be credited to the fund.
8 4498.10. Money in the fund may only be expended for
9 projects specified in this chapter as allocated in
10 appropriations made by the Legislature. 1
11 1
12 CHAPTER 3. FISCAL PROVISIONS 1
13 1
14 4498.12. Bonds in the total amount of one hundred 1
15 fifty million dollars ($150,000,000) ; exclusive of refunding 1
16 bonds, or so much thereof as is necessary, may be issued 1
17 and sold to provide a fund to be used for.carrying out the 1
18 purposes expressed in this title and to be used to 1
19 reimburse the General Obligation Bond Expense 1
20 Revolving Fund pursuant to Section 16724.5 of the i 2
21 Government Code. The bonds, when sold, shall be and 2
22 constitute a valid and binding obligation of the State of 2
23 California, and the full faith and credit of the State of 2
24 California is hereby pledged for the punctual payment of 2
25 both principal of, and interest on, the bonds as the #' 2
26 principal and interest become due and payable. 2
27 4498.14. The bonds authorized by this title shall be 2
28 prepared, executed, issued, sold, paid, and redeemed as 2.
29 provided in the State General Obligation Bond Law 2'
30 (Chapter 4 (commencing with Section 16720) of Part 3 of 3'
31 Division 4 of Title 2 of the Government Code), and all of 3.
32 the provisions of that law apply to the bonds .and to this 3'
33 chapter and are hereby incorporated in this chapter as 3
34 though set forth in full in this title. "' 3•
35 . 4498.16. (a) Solely for the purpose of authorizing the. 31
36 issuance and sale, pursuant to the State General 31
37 Obligation Bond Law, of the bonds authorized by this 3'
38 title, .the 1996 County Juvenile Correctional Facility 3c
39 Capital Expenditure ' and Youth Violence Finance - 31
40 Committee is hereby created. For purposes of this title, 4(
99
3
AB 3116
Lry to ( 1 the finance committee is the "committee" as that term is
on of 2 used in the State General Obligation Bond Law. The
3 committee consists of the Governor, the Controller, the
the 4 Treasurer, the Director of Finance, or their designated
ment 5 representatives. A majority of the committee may act for
in the 6 the committee.
7 (b) For purposes of the State General Obligation Bond
�d for 8 Law, the Board of Corrections is designated the "board."
d in 9 . 4498.18. The committee shall determine whether or
10 not it is necessary or desirable to issue bonds authorized
11 pursuant to this chapter in order to carry out the purposes
12 specified in Section 4498.08 and, if so, the amount of bonds
13 to be issued and sold. Successive issues of bonds may be
idred 14 authorized and sold to carry out those actions
iding 15 progressively, and it is not necessary that all of thelbonds.
sued 16 authorized to be issued be sold. at any one time.
it the '17; 4498.20. There shall be collected each year and in the
-d to 18 same manner and at the same time as other state revenue
)ense 19 is collected, in addition to the ordinary revenues of the
the 20 state, a sum in an amount required to pay the principal
and 21 of, and interest on, the bonds each year, and it is the duty
tte of 22 of all officers charged by law with any duty in regard to
,.te of 23 the collection of the revenue to do and perform each and
int of t� 24 every act that is necessary to collect that additional sum.
the 25 4498.22. Notwithstanding Section 13340 of the
26 Government Code, there is hereby appropriated from
Lll be 27 the General Fund in the State Treasury, for the purposes
ed as 28 of this chapter, an amount that will equal the following:
Law 29 (a) The sum annually necessary to pay the principal of,
•t 3 of 130 and interest on, bonds issued and sold pursuant to .this
all of 31 chapter, as the principal and interest become due and
this 32 payable.
:er as 33 (b) The sum that is necessary to carry out the
34rovisions of Section 4498.24, appropriated without
p
g the. 35 regard to fiscal years.
neral . 36 4498:24. For the purposes of carrying out this title, the
this 37 Director of Finance may authorize the withdrawal from
'cility 38 the General Fund of an amount or amounts not to exceed
Lance 39 the amount of the unsold bonds that have been
title, 40 authorized by the committee to be sold for the purpose
99 99
AB 3116 — 12 —
I
12 -1 of carrying out this chapter. Any amounts withdrawn
2 shall be deposited in the fund. Any money made available
3 under this section, plus any interest that .the amounts
4 would have earned in the Pooled Money Investment
5 -Account, shall be returned 'to the General Fund from
6 money received from the sale of bonds for the purpose of '
7 carrying out this title.
8 4498.26. Notwithstanding any other provision of this
9 bond act, or of the State General Obligation Bond Law,
10 if the Treasurer sells bonds pursuant to this bond act that l
11 include a bond counsel opinion to the effect that the l
12 interest on the bonds is excluded from gross income for
13 federal tax purposes under designated conditions, the
14 Treasurer may maintain separate accounts for the bond
16; . proceeds invested and the investment earnings on those I
16 proceeds, and may use or direct the use of those proceeds ' I
17 or earnings to pay any rebate, penalty, or other payment c I
18 required under federal law, or take any other action with 1
19 respect to the investment and use of those bond proceeds, 1
20 as maybe required or desirable under federal law in 2
21 order to maintain the tax-exempt status of those bonds 2
22 and to obtain any other advantage under federal law on 2
23 behalf of the funds of this state. 2
24 4498.28. All money deposited in the fund that is 2
25 derived from premium and accrued interest on bonds `t;, ' 2
'26 sold shall be reserved in the fund and shall be available for 2
27 transfer to the General Fund as a credit to expenditures 2
28 for bond interest. 2,
29 4498.30. The bonds may be refunded in accordance 2'
30 with Article 6 (commencing with Section 16780) of 3'
31 Chapter 4 of Part 3 of Division 4 of Title 2 of the 3.
32 Government Code. 3:
33 4498.32. The board may request the :Pooled Money ( i 3;
34 Investment Board to make a loan from the Pooled Money 3,
35 Investment Account, in accordance with Section 16312 of T
36 the Government Code, for the purposes of carrying out 3(
37 the provisions of this chapter. The amount of the request 3'
38 shall not exceed the amount of the unsold bonds that the 3Z.
39 committee,by resolution,has authorized to be sold for the. 4 3f
40 purpose of carrying out this chapter. The board shall w. 4(
99
- 13 — AB 3116
a
hdrawn1 execute any documents required by the Pooled Money
vailable 2 Investment Board to obtain and repay the loan. Any
mounts 3 amounts loaned shall be deposited in the funds to be
:stment 4 allocated by the board in accordance with this chapter.
.d from 5 4498.34. The Legislature hereby finds and declares
-pose of 6 that, inasmuch as the proceeds from the sale of bonds
7 authorized by this title are not "proceeds of taxes" as that
of this 8 term is used in Article XIII B of the California
.d Law, 9 Constitution, the disbursement of these proceeds is not
ict that 10 subject to the limitations imposed by that article.
:iat the 11 SEC. 14. Chapter 19 (commencing with Section 7480)
►me for 12 is added to Title 7 of Part 3 of the Penal Code, to read:
ns, the 13
e bond 14 CHAPTER 19. "THREE STRIKES" VIOLENT AND CAREER
n those 15 CRIMINAL DETENTION BOND ACT OF 1996
oceeds 16
tyment 17 7480. This chapter shall be known and may be cited
in with 18 as the "Three Strikes" Violent and Career Criminal
)ceeds, 19 Detention Bond Act of 1996.
law in j� ' 20 7481. The State General Obligation Bond Law is
bonds '�` 21 adopted for the purpose of the issuance, sale, and
law on 22 repayment of, and otherwise providing with respect to,
23 the bonds authorized to be issued by this chapter, and the
that -is 24 provisions of that law are included in this chapter as
bonds 25 though set out in full in this chapter, except that,
able for 26 notwithstanding anything in the State General
ditures 27 Obligation Bond Law, the maximum maturity of the
28 bonds shall not exceed 20 years from the date of each
rdance 29 respective series. The maturity of each respective series
'80) of ` 30 shall be calculated from the date of that series.
of the 31 7482. There is in the State Treasury the 1996 Prison
32 Construction Fund which is hereby created. The
Money ' 33 proceeds of the sale of bonds authorized by this chapter
Money 34 shall be deposited in the 1996 Prison Construction Fund.
5312 of 35 7483. (a) Moneys in the 1996 Prison Construction
ng out 36 Fund shall be used for the following purposes:
equest ; 37 (1) The ' acquisition, construction, renovation,
zat the 38 remodeling, and deferred maintenance pursuant to
for the 39 Section 16727 of the Government.Code, of state youth and
3 shall ) 40 adult correctional facilities.
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AB 3116 — 14 -
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14 -
1 (2) To help mitigate capital costs of local government
2 and school districts impacted by construction of state
3 adult correctional facilities, provided that the cost of
4 mitigation does not exceed 1 1/2 percent of the total
5 facility cost.
6 (3) The refinancing of interim debt incurred for any r
7 of theur oses specified in this section. d
p p p a
8 (4) To reimburse the General Fund for the
9 appropriation made, in Section 12 of the act enacting this
10 act, for the planning and design of new state adult
11 correctional facilities.
12 (b) Upon request of the Department of Corrections
13 and
upon approval of the Director of Finance
p
14 appropriations or augmentations to appropriations for
15 the Department of Corrections or the Department of the
16 Youth Authority made from the 1984 Prison Construction
17 Fund established by Section 7202, the 1986 Prison
18 Construction Fund established by Section 7302, the 1988
19 Prison Construction Fund established by Section 7402, or
20 the 1990 Prison Construction Fund established by Section
21 74221,' or any combination thereof, may be funded from
22 the 1996.Prison Construction Fund. If appropriations are
23 so carried forward, "fund" means the 1984 Prison
24 Construction Fund, the 1986 Prison Construction Fund,
25 the 1988 Prison Construction Fund, the 1990 Prison
26 Construction Fund, the 1996 Prison Construction Fund,
27 or any combination thereof, as is appropriate.
28 7484. The 1996 Violent and Career Criminal
29 Detention Bond Committee is hereby created. The
30 committee shall consist of the Controller, the Treasurer,
31 and the Director of Finance, or their designated
32 representatives. A majority may act for the committee.
33 The Treasurer shall chair the committee. That committee
34 shall be the "committee as that term is used in the State
35 General Obligation Bond Law.
36 When funds are appropriated to the Department of
37 Corrections, the Department of Corrections is the `board`
38 for the purpose of the State General Obligation Bond Law
39. and this chapter. When funds are appropriated to the
40 Department of the Youth Authority; the Department of
99
- 15 — AB 3116
nent 1 the Youth Authority is the "board" for the purpose of the
state 2 State General Obligation Bond Law and this chapter.
st of 3 When funds are appropriated to the Board of
total 4 Corrections, the Board of Corrections is the "board" for
5 . the purpose of the State General Obligation Bond Law
any 6 and this chapter.
7 7485. The committee is hereby authorized and
the 8 empowered to create a debt or debts, liability or
this 9 liabilities, of the State of California, in the aggregate
Ault 10 principal amount of two, billion two hundred million
11 dollars ($2,200,000,000) , exclusive of refunding bonds, or
tions 12 so much thereof as is necessary, which may be issued and
.nce, 13 sold to provide a fund to be used for carrying out the
for 14 purposes specified in Section 7483, and to be used to
f the 15 reimburse the General Obligation Bond Expense
tion 16 Revolving Fund pursuant to Section 16724.5 of the
-ison 17 Government Code.
1988 18 7486. The committee may determine whether or not
2, or 19 it is necessary or desirable to issue any bonds authorized
:tion �� 20 under this chapter, and if so, the amount of bonds then to
.rom 21 be issued and sold. The committee may authorize the
s are 22 Treasurer to sell all or any part of the bonds herein
•ison 23 authorized at such time or times as may be fixed by the
und, 24 Treasurer.
•ison 25 7487. (a) All bonds herein authorized, which shall
und, 26 have been duly sold and delivered as herein provided,
27 shall constitute valid and legally binding general
sinal 28 obligations of the State of California, and the full faith and
The 29 credit of the State of California is hereby pledged for the
firer, 30 punctual payment of both the principal thereof and
ated 31 interest thereon.
ttee. 32 (b) There shall be collected annually in the same
ittee . ; 33 manner and at the same time as other .state revenue is
;tate 34 collected, that sum, in addition to the ordinary revenues
35 of the state, that is required to pay the principal of, and
it of - 36 interest on, those bonds, and it is hereby made the duty
)ard` 37 of all officers charged by law with any duty in regard to
Law 38 the collection of that revenue to do and perform each and
the 39 every act that shall be necessary to collect that additional
-it of 40 sum.
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AB 3116 — 16 -
1
16 -1 (c) All money deposited in the fund that has been
2 derived from premiums or accrued interest on bonds sold
3 shall be available for transfer to the General Fund as a
4 credit to expenditures for bond interest.
5 (d) All money deposited in the fund pursuant to any
6 provision of law requiring repayments to the state that is
7 financed by the proceeds of the bonds authorized by this #}
8 chapter shall be available for transfer to the General
9 Fund. When transferred to the General Fund, that
10- money shall be applied as a reimbursement to the 1
11. General Fund on account of the principal of, and interest 1
12 on, the bonds which have been paid from the General 1.
13 Fund.
1
14 7488. -Notwithstanding Section 13340 of the 1
15 Government Code, there. is hereby appropriated from 1
16 the General Fund in the State Treasury for the purpose 1
17 of this chapter an amount that will equal the following: 1
18 (a) That sum annually as will be necessary to pay the 1
19 principal of, and the interest on, the bonds issued and sold 1
20 pursuant to this chapter. sf 2
21 (b) That sum as is necessary to carry out the provisions `
22 of Section 7489, which sum is appropriated without 2
23 regard to fiscal years. 2
24 7489. For the purpose of carrying out this chapter, the f. 2
25 Director of Finance may authorize, by executive order, ;. 2
26 the withdrawal from the General Fund of an amount or 2
27 amounts not to exceed the amount of the unsold bonds 2
28 that the committee has authorized, by resolution, to be 2
29 sold for the purpose of carrying out this chapter. Any 2
. 30 amounts withdrawn shall be deposited in the fund and 3
31 shall be disbursed by the committee in accordance with 3
32 this chapter. Any money made available under .this 3
33 section to the board shall be returned by the board to thel 3
f r 1 . '' 3
34 General. Fund from moneys received from the sale of
35 bonds sold for the purpose of carrying out'this chapter. 3
36 Those withdrawals from the General Fund shall be 3
37 returned to the General Fund with interest at the rate 3
38 that would otherwise have been earned by those sums in 3,
35 the Pooled Money Investment Account. ,. 3
4
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AB 3116
been i , 1 7490. The board may request the Pooled Money
is sold 2 Investment Board to make a loan from the Pooled Money
as a 3 Investment Account, in accordance with Section 16312 of
4 the Government Code, for the purposes of carrying out
o-any 5 the provisions of this chapter. The.amount of the request
:hat is 6 shall not exceed the amount of the unsold bonds that the
-y this 7 committee has authorized,by resolution, to be sold for the
neral 8 purpose of carrying out this chapter. The board shall
that 9 execute any documents required by the Pooled.Money
the 10 Investment Board to obtain and repay the loan. Any
serest 11 amounts loaned shall be deposited in the fund to be
neral 12 allocated by the board in accordance with this chapter.
13 7491. Any bonds issued and sold pursuant to this
the 14 chapter may be refunded by the issuance of refunding
from 15 bonds in accordance with Article 6 (commencing with
rpose 16 Section 16780) of Chapter 4 of Part 3 of Division 4 of Title
✓ing: 17 2 of the Government Code. Approval by the electors of
.y the 18 the state for the issuance of any bonds shall include the
i sold r% 19 approval of the issuance of any bonds issued to refund any
�t20 bonds originally issued or any previously issued refunding
isions 21 bonds.
thout 22 7492. All proceeds from the sale of bonds, except those
23 derived from premiums and accrued interest, shall be
r, the 24 available for the purposes specified in Section 7483, but
►rder, ' �♦ 25 shall not be available for transfer to the General Fund to
int or 26 pay the principal of, and interest on, bonds. The money
)onds 27 in the fund may be expended only as herein provided.
to be 28 Notwithstanding any other provision of this .chapter or
Any 29 of the State General Obligation Bond Law, if the
1 and 30 Treasurer sells bonds pursuant to this chapter that
with 31 include a bond counsel opinion to the effect that the
this 32 interest on the bonds is excluded from gross income for
:o the i 33 federal tax purposes under designated conditions, the
Lle of . 34 Treasurer.may maintain separate accounts for the bond
tpter. 35 proceeds invested and the investment earnings on those
11 be 36 proceeds, and may use or direct the use of those proceeds
rate 37 or earnings to pay any rebate, penalty, or other payment
ms in 38 required under federal law, or take any other action with
39 respect to the investment and the use of those bond
40 proceeds, as may be required or desirable under federal
99 99 .
AB 3116
1 law in order to maintain the tax-exempt status of those
2 bonds and to obtain any other advantage under federal .
3 law on behalf of the funds of this state.
4 7494. Moneys in the fund may. be expended only 9
5 pursuant to appropriation by the Legislature.
6 7495. , The Legislature hereby finds and declares that, E
7 inasmuch as the proceeds from the. sale of bonds i
8 authorized by this chapter are not "proceeds of taxes" as 8
9 that term is used in Article XIII B of the California 9
10 Constitution, the disbursement of these proceeds is not 10
11 subject to the limitations imposed by that article. 11
12 SEC. 15. Section 13 of this act shall take effect upon 12
13 the adoption by the voters of the County Juvenile"- 13
14 Correctional Facility Capital Expenditure and Youth 14
15 Violence Bond Act of 1996, as set forth in Section 13 of this 15
16 act. 16
17 SEC. 16. Section 13 of this act shall be submitted to the 17
18 voters at the November 5, 1996, statewide general 18
19 election in accordance with provisions of the 19
20 Government Code and the Elections Code governing the 20
21 submission of statewide measures to the voters. �t 21
22 SEC. 17. Notwithstanding any other provision of law, E 22
23 all ballots -of the November 5; 1996, statewide general 23
24 election shall have printed thereon and in a square 24
25 thereof, the words: "County Juvenile Correctional _ , C �! 25
26 Facility Capital Expenditure and Youth Violence Bond 26
27 Act of 1996," and in the same square under those.words, 27
28 the following in 8-point type: "This act provides for a bond 28
29 issue of one hundred fifty million dollars ($150,000,000) to 29
IN
30 provide funds for the construction, reconstruction, 30
31 remodeling, replacement, and deferred maintenance of 31
32 county juvenile correctional facilities." Opposite the 32
r
. 33 square, there shall be left spaces in which the voters may 33
34 place'a cross in the manner required by law to indicate 34
35 whether they vote for or against the act. 35
36 Where the voting in the election is done by means of 36
37 voting machines used pursuant to law in the manner that 37
38 carries out the intent of this section, the use of-the voting 38
39 machines and the expression of the voters' choice by 39
40 means thereof are in compliance with this section. ( C 40
99
— 19 AB 3116
those 1 SEC. 18. Section 14 of this act shall take effect upon
ederal 2 the adoption by the voters of the "Three Strikes" Violent
3 and Career Criminal Detention Bond Act of 1996, as set
1 only 4 forth in Section 14 of this act.
5 SEC. 19. Section 14 of this act shall be submitted to the
-s that,. 6 voters at the November `5, 1996, statewide general
bonds '.� 7 election in accordance with provisions of the
;es" as 8 Government Code and the Elections Code governing the
fornia .9 submission of statewide measures to the voters.
is not 10 SEC. 20. Notwithstanding any other provision of law,
11 all ballots of the November 5, 1996, statewide general
upon 12 election shall have printed thereon and in a square
venile 13 thereof, the words: " "Three Strikes" Violent and Career
Youth 14 Criminal Detention Bond, Act of 1996," and in the same
of this 15 square under those words, the following in 8-point type:
16 "This .act provides for a bond issue of two billion two
to the 17 hundred million dollars ($2,200,000,000) to provide funds
-neral 18 for the acquisition, construction, renovation, remodeling,
the 19 and deferred maintenance of state correctional
ig the 20 facilities." Opposite the square, there shall be left spaces
21 in which the voters may place a cross in the manner
)f law, 22 required by law to indicate whether they vote for or
,neral 23 against the act.
quare ! 24 Where the voting in the election is done by means of
tional j 25 voting machines used pursuant to law in the manner that
Bond 26 carries out the intent of this section,.the use of the voting
vords, 27 machines and the expression of the voters' choice by
bond 28 means thereof are in compliance with this section.
00) to 29 SEC. 21. This act is an urgency statute necessary for
ction, 30 the immediate preservation of the public peace, health,
ice of 31 or safety within the meaning of Article IV of the
e the . 32 Constitution and shall go into immediate effect. The.facts
s may (,,I1, 3, 33 constituting the necessity are:
licate 34 As of January 1996, the state prison system was housing
35 approximately 135,000 inmates in facilities designed to
ins of 36 house only 73,000. As a result of the enactment of the
r that 37 "Three Strikes" law and other sentence enhancement
,oting 38 laws in 1994, the inmate population is expected to
ce by , 39 increase to unprecedented levels. The annual increase in
40 the inmate population is projected to be 17,000 inmates
99 99
AB 3116 --20 —
I during the next five years, approximately two-thirds `
2 more than recent increases. This phenomenal rate of
3 growth is creating a serious public safety crisis. '
4 Additionally, local juvenile correctional facilities are
$ operating over capacity or must implement emergency
6 release procedures, and the population of these facilities
7 is still increasing. The construction of new juvenile
8 facilities and renovation of existing facilities must
9 proceed as expeditiously as possible to relieve
10 overcrowding and maintain public safety and security.
11 The siting, design,and construction of new prisons at the
12 earliest possible time is also immediately necessary to
13 address current and future crisis levels of overcrowding
14 and maintain public safety. To prevent the possibility of
15 court-ordered releases of violent or repeat felons; it is
16 necessary for this act to take effect immediately.
4
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