HomeMy WebLinkAboutMINUTES - 06181996 - SD4 1 a1 _'ir •�.
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TO: BOARD OF SUPERVISORS � S-- -L= Contra
FROM: PHIL BATCHELOR, COUNTY ADMINISTRATOR o' s Costa
x�•_ .,.:_:--f.= ,�o� County
DATE: June 13, 1996 °s9 COUP `A�
SUBJECT: LETTER SETTING FORTH THE BOARD'S POSITION ON FUNDING FOR
LOCAL JUVENILE FACILITIES AND CONTINUUM OF CARE
SPECIFIC REOUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
APPROVE the text of a letter setting forth the Board's position on the need for State
funding for the replacement of and construction of local juvenile facilities.
BACKGROUND:
On June 11, 1996, the Board of Supervisors considered reports from both its Internal
Operations Committee and its Family and Human Services Committee on AB 3116
and the broader issue of a State bond measure to fund needed local juvenile
facilities. This issue also involves the relative importance the Board places on the
need for juvenile facilities as opposed to additional State prisons.
The Board agreed to send a letter to the Governor and members of this County's
legislative delegation, but asked that the text of the letter be returned to the Board
of Supervisors for approval first.
A proposed letter is attached for the Board's consideration. Once the Board
approves the text of the letter it will be prepared in final form for the Chairman's
signature.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURES: al" z 1"&"�
.ACTION OF BOARD ON June 18, 1996 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X 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 June 18, 1996
Contact: PHI ATCHELOR,CLERK OF THE BOARD OF
cc: County Administrator "IS-UPEMISORS AND COUNTY INISTRA
County Probation Officer
B
DRAFT
1 June 18, 1996
2
3 The Honorable Pete Wilson
4 Governor of California
5 Firs Floor, State Capitol
6 Sacramento, CA 95814
7
8 Dear Governor Wilson:
9
10 The Contra Costa County Board of Supervisors urges the Legislature and your
11 Administration to jointly provide adequate funding of local juvenile justice facilities
12 by placing a bond measure of at least $500 million on the November 5, 1996 ballot.
13
14 Projections of youth in Contra Costa County in the crime prone age group of 12 to
15 17 indicate an increasing incarcerated population over the next 15 years. Our
16 juvenile hall population is projected to rise by more than one-third between now and
17 the year 2010.
18
19 The seriousness of crimes committed by youth is also increasing. The total number
20 of felony arrests among juveniles in Contra Costa County nearly doubled from 1984
21 to 1993, including a staggering 74% increase in violent offenses of homicide, rape,
22 robbery, assault and kidnapping.
23
24 These problems are not unique to Contra Costa County - they are typical of many
25 local jurisdictions - outmoded and overcrowded juvenile halls and under-funded
SID. q
DRAFT
1 programs and services, all of which are ill-suited to address a growing population of
2 violent, emotionally disturbed, and drug addicted youth. Many policy, program and
3 facility changes have occurred in the adult justice system over the last 15 years.
4 Virtually nothing has changed in the juvenile system.
5
6 Contra Costa County has developed a Continuum of Care model to address these
7 problems. It includes a full system of graduated sanctions and treatment
8 interventions, ranging from early intervention and prevention programs to locked
9 treatment facilities for adjudicated minors. A critical component of the continuum of
10 care is the replacement of the County's juvenile hall. A study by the California Youth
11 Authority (County Juvenile Detention Facilities Needs Assessment Update. State of
12 California, Department of the Youth.Authority, 1991) concluded that Contra Costa
13 County had one of seven juvenile halls in the State in immediate need of
14 replacement for safety reasons. This same study projected a need for $361 million
15 in funding beyond Propositions 52 and 86 to correct fire, health, and life safety
16 deficiencies; to replace unsafe facilities; and to add needed capacity through the
17 year 2000. That report is now over five years old and the situation in terms of need
18 for juvenile facilities has only worsened.
19
20 We urge you to sponsor legislation which would provide a $500 million bond
2
SD9
DRAFT
1 measure for local juvenile facilities so we can provide the most appropriate level of
2 care to each minor who requires intervention from the juvenile justice system.
3
4
5 Very truly yours,
6
7
8 JEFF SMITH
9 CHAIR
10
11 cc: Senator Daniel E. Boatwright
12 Senator Nicholas C. Petris
13 Assemblyman Tom Bates
14 Assemblyman Robert J. Campbell
15 Assemblyman Richard K. Rainey
16
3
TO: BOARD OF SUPERVISORS IOC-06 •`rf. `F-` .o, Contra
FROM:
Costa
INTERNAL OPERATIONS COMMITTEE s
x�. .:.�__ •-�:o�. County
7•, �4
DATE: June 3, 1996 rrq eeia
SUBJECT. REPORT ON AB 3116 (BRULTE) REGARDING STATE PRISON, COUNTY
JAIL AND LOCAL JUVENILE FACILITIES BOND MEASURE
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
1. ADOPT a position in OPPOSITION to AB 3116 (Brulte), which would place a
bond measure totaling $2.966 billion on the ballot, only $150 million of which
would be for local juvenile facilities.
2. AUTHORIZE the Chair of the Board to send a letter to Assemblyman Brulte
indicating the Board's opposition to AB 3116 because of the relatively few
dollars dedicated to local juvenile facilities and because of the lack of any
apparent emphasis on the importance of alternatives to incarceration,
emphasizing, however, that the Board supports a bond measure with an
adequate amount of money for juvenile facilities, such as Senator Costa's SB
2078, providing it is amended to include at least $500 million in the bill.
BACKGROUND:
On April 23, 1996, the Board of Supervisors referred to our Committee, the Family
and Human Services Committee, the Juvenile Systems Planning Advisory
Committee and the Substance Abuse Advisory Board AB 3116 (Brulte), which would
place on the ballot some $2.2 billion in bonds for adult State prisons and some $150
million for local juvenile facilities. The Board of Supervisors has also voted to
support SB 2078, which would place a juvenile facilities bond act on the ballot. SB
2078 does not currently specify the dollar value of the bonds. The Board of
Supervisors suggested that the bond measure should be for at least $500 million.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S): G6E BISHOP 11M ROr ERS
ACTION OF BOARD ONune APPROVED AS RECOMMENDED OTHER
,
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
Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF
cc: SUPERVISORS AND COUNTY ADMINISTRATOR
See Page 2
BY DEPUTY
IOC-06
AB 3116 has since been amended. The bill now provides for a $2.966 billion bond
measure, of which $2.066 billion would be for State prisons and Youth Authority
facilities, $450 million would be for county adult jails, $150 million would be for State
and local crime labs, $150 million for State and local criminal justice inquiry
networks, and $150 million would be for county juvenile facilities. A copy of AB
3116, as amended May 24, 1996, is attached.
Our Committee met with Chris Adams, Chair of the Juvenile Systems Planning
Advisory Committee; Dave Grossi, Superintendent of Juvenile Hall; and Gemma
Pasto, Superintendent of the Boys' Ranch, on June 3, 1996. Ms. Adams reviewed
with our Committee the attached letter which JSPAC has sent to the Governor urging
adequate funding for local juvenile facilities and indicating that $150 million is clearly
inadequate. Their letter also emphasizes the importance of a continuum of care and
alternatives to incarceration. We agree with the importance of a continuum of care
and alternatives to incarceration. We are disturbed that AB 3116 provides the vast
bulk of the funds for adult jails and prisons rather than to juvenile facilities and that
little if any mention is made of alternatives to incarceration. As a result, we have
made the recommendations noted above. However, we want to make it clear that
we support adequate funding for juvenile facilities and support funding for a
continuum of care for juveniles.
cc: County Administrator
County Probation Officer
The Honorable James L. Brulte
Assemblyman, 63rd District
Room 2176, State Capitol
Sacramento, CA 95814
Les Spahnn
Heim, Noack, Kelly & Spahnn
1121 L Street, Suite 100
Sacramento, CA 95814
George Roemer, CAO's Office
JSPAC (Via George Roemer)
-2-
lae
AMENDED IN ASSEMBLY MAY 24, 1996
AMENDED IN ASSEMBLY APRIL 23, 1996
CALIFORNIA LEGI§LATURE-1995-96 REGULAR SESSION
ASSEMBLY BILL No. 3116
Introduced by Assembly "giber Brulte Members Brulte,
Cannella, and Machado
i
February.23, 1996
't
-An act to to add Title 4.95 (commencing with Section 4498)
a, 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
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 amended, 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 biR $05,400,0 fir the General
Fund . fef the a et4 ,:4esl .to these
97
F. -
AB 3116 — 2 —
Existing
2 —
Existing law authorizes the Department of the Youth
Authority to construct and establish various living units for the j
incarceration of juveniles.
This bill would authorize.the department to construct and
establish 10 new living units in various counties,, and would
appropriate $142,495,000 from the- 1996
Violent and Career Criminal Detention Fund for those units.
(2) Existing law contains various bond acts for the
construction of new prisons.
This bill would enact the "Three Strikes" Violent and
Career Criminal Detention Bond Act of 1996, which, if
adopted,would authorize the issuance of bonds in the amount
of $2; 9,,000 $2,966,000,000 to provide for the.acquisition,
construction, renovation, remodeling, and deferred
maintenance ,of state and local youth and adult correctional
facilities, crime laboratories, and criminal justice inquiry.
networks, including the facilities authorized in (1) above and
to provide ,for the refinancing of interim debt, and to
reimburse the General Fund. In addition the bill would
establish funding eligibility requirements applicable to
counties for adultand juvenile correctional facilities funded
by the bond act.
This bill would provide for submission of the bond act 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.2
Vote. 2/3. Appropriation: -yes. Fiscal committee: yes.
#. Y, State-mandated local program: no:
The.people of the State of California do enact as follows:
1 SECTION 1: The Legislature finds and declares all'of
2 the following: �.
3 (a) Public safety is ' a primary function and
4 conside.ration . of government. As evidenced by the
5 overwhelming support for Proposition 184, the "Three
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
- 9 incarcerated with longer sentences.
it
97
- 3 — AB 3116
uthj 1 (b) As a result of the passage of Proposition 184 and
the 2 other laws recently enacted, the inmate population of the
3 state prison system is projected to increase by
and 4 unprecedented numbers of inmates, with an average
,uld 5 annual increase of more than 15,000 inmates during the
6 next five years, creating a serious public safety risk.
lits. 7 (c) The Legislature intends that convicted felons
the. 8 should serve their sentences as provided by law, and is
9 committed to taking actions necessary to prevent the
and10 early release of any convicted felon.'
if 11 (d) .To maintain public safety, avoid unwanted. court :
unt 12 intervention, and address projected inmate population
ion, 13 growth, it.is immediately necessary for the Department .
red 14 of Corrections , to construct new prisons, providing
)nal 15 permanent capacity to meet long-term inmate housing
ury - 16 needs. -
ind 17 (e) Likewise, overcrowding- is projected to increase
to 18 significantly during . the next five years at facilities
luld 19 maintained by the Department of the Youth Authority,
to 20 and funding for expanded capacity of those facilities=is
Ied 21 needed to protect public safety.
22 (f) Numerous county adult, and juvenile facilities
the 23 throughout California are dilapidated and overcrowded, .
)n. 24 and expansion of available bed capacity is critical. Capital
25 ' improvements are necessary to protect the life and safety
26 of persons confined or employed in these facilities, and to
yes. -27 upgrade health and sanitary conditions to avoid
28 threatened closures or the imposition of court-ordered
29 sanctions.
ws: 30 SEC. 2. The Department of Corrections is .hereby
31 authorized to construct and establish a 2,124-cell
ll'of 32 combination medium and maximum . security prison,
fit 33 together with a Level I support.services facility, with the
and
34 ability to house 4,394 inmates through substantial double
the 35 occupancy in housing.units, in the vicinity of Delano in
gree 36 Kern County, to' be known as California State
eral 3.7 Prison-Kern.County at Delano II.
are 38 SEC. 3. The Department. of Corrections is hereby
be 39 authorized to construct and establish a 29124-cell
€' 40 combination medium and maximum security prison,
97
AB 3116 — 4 -
1
4 -
1 together with a Level I support services facility, with the
2 ability to house 4,394 inmates through.substantial double
3 occupancy in housing units, in the vicinity of California
4 City in Kern County, to be known as California State
5 Prison-Kern County at California City.
6 SEC. 4. The Department. of Corrections is hereby
7 authorized to construct and establish a 2,124-cell
8 combination medium and maximum security prison,
9 together with a Level I support services facility, with the
10 ability to house 4,394 inmates through substantial double
11 occupancy in housing:units, in the vicinity of Taft in Kern.
12 County, to be known as California State Prison-Kern
13 . County at Taft.
14 SEC. 5. . The Department of Corrections is hereby
15 : authorized to construct and establish a 2,124-cell
16 combination medium and maximum security prison,
.17 together with a Level I support services facility, with the
j 18 ability to house 4,394 inmates through substantial double
19 occupancy in housing units, in Solano County, to be
20 known as California State Prison-Solano County'II.
21 SEC. 6. (a) The Department of Corrections is hereby
22 authorized to construct . and establish a . 2,400-cell
23 reception center, together with a Level I support services
24 facility, with the ability to house 4,918 inmates through
25 substantial double occupancy in housing units, in the
26 vicinity, of Sacramento in Sacramento County, to be
27 known as the Northern California Reception Center._
28 .(b) The provisions of Division 13 (commencing with
r rt, t 29 Section.21000) of the Public Resources Code that require
30 consideration of alternative sites for a proposed project
31 and alternative uses for the site of a proposed project shall
32 not apply to the"project authorized by this section.
33 : SEC. 7. The Department of Corrections is hereby
34 authorized to construct and establish a "2,500-cell `J
35 combination reception center, and medium security
36 prison, together with a Level I support services facility,
37 with the ability to house.5,100 inmates through substantial
38 . double occupancy in housing units, on the grounds of the
39 Richard J. Donovan Correctional Facility at Rock _
97
— 5 AB 3116
the 1 Mountain in San Diego County, to be known as California
tble 2 State Prison-San Diego County II.
nia 3 SEC. 8. The Department of Corrections is hereby
:ate 4 authorized to change the location for any project
5 authorized in Sections 2 to 7,inclusive, of this act to either
eby 6 the vicinity of Needles in San Bernardino County or the
cell .0 7 vicinity of California City in Kern County if design or,
-on,
r-
-on, 8 construction of the project is delayed or barred due to
the .9 litigation or any other means.
lble 10 SEC. 9. The Department of Corrections is hereby
ern 11 authorized to expandantermountain Conservation Camp
ern 12 in Lassen County from 80 beds to approximately 120 beds. .
13 1 SEC. 10. Notwithstanding any provision of law, the
eby 14 inmate housing numbers stated in Sections .2 to 7,
cell 15 inclusive, and Section 9 of this act are not to be construed
ion, 16 as inmate occupancy limitations.
the 17 89G.44 The s e€twenty wAllie fetwhence
ible 18thettsand AeHars ($25,400,000) is hereby 'arted
be 19 &em the GeigyFund to the D_r„ ti:i4 n e€
20 fer #fie peseg of site studies aepes;
eby 21 aent&A stuAies, mLtsR.T ping; a�....h !-oet ed
cell 22 retie ages and
ices 23erkiftg drawings forthe priseifts therized ift Seetiens
.igh24 -2 to -7-,- - ,,
, ,,ive of. aet:
the ;025 ISEG. 42-
be 26 SEC 11. The sum of one -billion six hundred
27 ninety-three. million four hundred thousand� dollars -
Ath 28 ($1;693,400,000) is hereby appropriated from the 1996
Are 29 Prisen Genstruetien Violent .and Career Criminal
iect 30 Detention Fund, created by Section 7482 of the.Penal
hall 31 Code, to the Department of Corrections, as follows:
32 (a) The sum of two hundred seventy-one million three
eby 33. hundred thousand dollars ($27000,000) for the
cell W 34 California State.Prison-Kern County at Delano II project
city 35 authorized in Section'2 of this act. This amount shall be
-qty, 36 available,as necessary,for the purposes of site acquisition,
itial 37 site studies and suitability reports,.environmental studies,
the 38; master planning,. architectural programming,
ock 39 schematics, preliminary plans, working drawings,
40 construction,. and long lead and equipment items. A
97 97
AB 3116 — 6 -
1
6 -1 maximum of two million dollars ($2,000,000) of the funds
2 may be made available to Kern County for mitigation
3 costs of local governments, and a maximum of two million
4 dollars ($2,000,000) of the funds may be made available
5 to the Kern. County Superintendent. of Schools for
. 6 mitigation costs of school districts.
7 (b) The sum of two hundred seventy-one million one
8 hundred thousand dollars ($271,100,000) for the
9 California State Prison-Kern County at California City
10 project authorized: in Section 3 of this act. This amount
11 shall be. available, as necessary, for the purposes of site
12 acquisition, site studies and . suitability, reports,
13 .environmental studies, master planning, architectural
14 programming, schematics, preliminary plans, working
15 drawings, construction, and long lead and equipment
16 items. A maximum of.two million dollars ($2,000;000) of
17 the funds may be made available to Kern County for
18 mitigation costs of local governments, and a maximum of
19 two million dollars ($2,000,000) of the funds maybe made
20 available to the Kern County Superintendent of-Schools
21 for mitigation costs of school districts.
22 (c) The sum-of two hundred eighty-four million one
23 hundred thousand dollars ($284,100,000.) . for the
24 California 'State Prison-Kern County at Taft project
25 authorized in Section 4 of this act. This amount shallbe
26 available,as necessary,for the purposes of site acquisition,
27 site studies and suitability reports, environmental studies,
28 master planning, architectural programming,
29 schematics, preliminary plans, working drawings,
30 construction, and long lead and equipment. items. A
31 maximum of two million dollars ($2,000,000) of the funds
32 may be made available to Kern County for mitigation
33. costs-of local governments, and a maximum of two million <�
34 dollars ($2,000;000) of the funds may be made available y .
35 to the Kern County Superintendent of Schools for
36 mitigation costs of school districts.
37 (d) The sum of two hundred eighty-four million three
38 hundred thousanddollars ($284,300,000) for the
39 California State Prison-Solano County ' II project
40 authorized in Section 5 of this.act. This amount shall be
91
- 7 — AB 3116
Inds 1 available,as necessary,for the purposes of site acquisition,
tion 2 site studies and suitability reports, environmental studies,
(lion 3 master planning, architectural programming,
able 4 schematics, preliminary plans, working drawings,
for 5 construction, and long lead and equipment items. A
6 maximum of two million dollars ($2,000,000) of the funds
one 7 may be made available to Solano County for mitigation
the 8 costs of local governments, and a maximum of two million
City 9 -dollars ($2,000,000) of the funds may be made available
)unt 10 to the Solano County Superintendent of Schools for
site 11 mitigation costs of school districts.
Drts, 12 (e) The sum of two hundred sixty-two. million seven
ural 13 hundred,' thousand dollars ($262,700,00) for - the
cing 14 Northern California Reception Center project
lent . 15 authorized in Section 6 of this act. This amount shall be .
�) of 16 available,as necessary,for the purposes of site acquisition,
for 17 site studies and suitability reports,environmental studies,
U of 18 master planning, architectural programming,
jade AM . 19 schematics, preliminary plans, working drawings,
.00lsqp T . 20 construction, and long lead and equipment items. A
21 maximum of two million dollars ($2,000,000) of the funds
one 22 may be made available to . Sacramento County for
the 23 mitigation costs of local goyernments, and a maximum of
ject 24 two million dollars ($2,000,000) of the funds may be made
1 be
25 available to the Sacramento County Superintendent of
ion, 26 Schools`for mitigation costs of school,districts.
lies, 27 (f) The sum of two. hundred ninety-two million one
ing, 28 hundred thousand . dollars ($292,100,000) for the
ngs, 29 California State Prion-San ' Diego County II project
s. A 30 authorized in Section 7 of this act. This amount shall be
Inds 31 available,as necessary,for the purposes of site acquisition,
tion .32 site studies and suitability reports, environmental studies,
lion 33 master planning, architectural programming,
able '` 34 schematics, preliminary plans, . working. drawings,
for 35 construction, and long; lead and equipment items. A
36 maximum of two million dollars ($2,000,000) of the funds
tree - 37 may be made available to San Diego County for
the 38 mitigation.costs of local governments, and a maximum of
ject ,.. 39 two million.dollars ($2,000,000) of the funds may be made
1 be
97 97
I
i
AB 3116 — 8 —
1 available to the San Diego County Superintendent of
2 Schools for mitigation costs of school districts.
3 (g) The sum of two million eight hundred thousand
4 dollars ($2,800,000) for the Intermountain Conservation
5 Camp expansion authorized in Section 9 of this act. This
6 amount shall be available, as necessary, for the purposes
7 of site acquisition, site studies and suitability . reports,
Val
8 environmental studies, master planning, architectural
9 programming, schematics, preliminary plans, working
10 drawings, construction, and long lead and equipment
11 items.
12 (h) The sum of twenty-five million dollars
13 ($25,000,000) for the purposes,as.necessary, of site studies
14 and suitability reports, environmental ,studies, master
15 planning, architectural programming, schematics, and .
16 preliminary plans.for correctional facilities.
17 SEG.
18 SEC. 12. The Department of the Youth Authority is
19 hereby .authorized to construct and establish the
20 following:
21 (a) A 600-bed 9e institution with support services
22 and necessary infrastructure improvements at the
23 Heman G. Stark.Youth Training School in Sari Bernardino
24 County.
25 (b) A 50-bed living unit with supportservices and
26 necessary infrastructure improvements at the Southern
27 Reception Center and Clinic in Los Angeles County.
€N 28 (c) A 100-bed living: unit with support services and
29 necessary infrastructure improvements at the O.H. Close
30 School in San Joaquin County.
31 (d) Two loo-bed living units with support services and
32 necessary infrastructure improvements at the Fred C.
33 Nelles. School in Los Angeles County.
34 (e) A 100-bed living unit with. support services and z,
35 necessary infrastructure improvements at the Preston
36 School of Industry in Amador,County.
37 (f) A. 100-bed living unit with support services and
38 necessary infrastructure improvements at the Dewitt
39 Nelson Training Center in San Joaquin County.
97
- 9 — AB 3116
Lt of �� 1 (g) Three 100-bed living units with. support services
2 and necessary infrastructure improvements at the El
;and 3 Paso de Robles School in San Luis Obispo County.
.tion 4 SEG. 44
Ms 5 SEC.. 13. The sum, of,one hundred forty-two million
oses 6 four hundred ninety-five thousand dollars ($142,495,000)
arts, 7 is hereby appropriated from the 1996 PriseGenstruetieft
ural 8 Violent and Career Criminal Detention Fund to the
dng 9 Department of the Youth Authority, as follows:
lent 10 (a) The sum of sixty-nine million one hundred
11 thousand dollars ($.69,100,000) for .the' 600-bed 9ateRite
liars 12 institution project, with support services and necessary
dies 13 infrastructure improvements,' at the Heman �G. Stark
ster 14 Youth Training School in San Bernardino County
and 15 authorized in subdivision (a) .of Section 13 of this act. This
16 amount shall be available, as-necessary, for the purposes
17 of site acquisition, site studies and suitability reports,
_y is 18 environmental studies, master planning, architectural
the 19 programming, schematics, preliminary plans, working
20 drawings, construction, and long lead and equipment
ices 21 items.
the 22 (b) The sum of four million eight hundred .sixty-one
lino 23 thousand dollars. ($4,861,000) for the 50-bed living unit
24 project, with support services and necessary
and ; (( 25 infrastructure improvements, at the Southern Reception
,ern 26 Center and Clinic in Los Angeles County'authorized in
27 subdivision (b) of Section 13 of this act. This amount shall
and 28 be available, as necessary, for the purposes of site
lose 29 acquisition, site studies and suitability . reports,
30 environmental studies, master planning, architectural
and 31 programming, schematics, preliminary plans, working
I C. 32 drawings, construction, . and long lead and equipment
33 items.
and 34 (c) The sum of eight million one hundred thirty-four
;ton 35 thousand dollars ($8,134,000) for the 100-bed living unit
36 project, with support services and necessary
and 37 infrastructure improvements, at the O.H. Close School in
Witt 38 San Joaquin . County authorized in subdivision (c) of
.39 Section 13 of this act. This amount shall be available, as
40 necessary, for the purposes of site acquisition, site studies
97 s7
AB 3116
1 and suitability reports, environmental studies, master
2 planning, architectural programming, schematics,
3 preliminary plans, working drawings, construction, and
4 long lead and equipment items.
5 (d) The sum of fifteen million seven hundred sixteen
6 'thousand dollars ($15,716,000) for the two 100-bed living
7 units, with support services and necessary infrastructure
8 improvements, at the Fred C. Nelles School in Los
9 Angeles County authorized in subdivision (d) of Section
10 13 of this act..This amount shall be<available, as necessary,
11 for the purposes of site acquisition, site studies and
12 suitability reports; environmental studies, master
13 planning, architectural programming, schematics, .
14 preliminary plans, working drawings, .construction; and
15 long lead and equipment items.
16 (e) The- sum of ten million six hundred eighty-six
17 thousand dollars .($10,686,000) for the 100-bed living unit,
18 project, with support services and necessary
19 infrastructure improvements, at the Preston School: of
20 Industry in Amador County authorized in subdivision (e)
21 of Section 13 of this act. This amount shall be available, as '
22 necessary,for the purposes of site acquisition, site studies
23 and suitability reports, environmental studies, master
24 planning, architectural programmifig, schematics,.
25 preliminary plans, working drawings, construction, and
26 long lead-and equipment items.
27 (f) The sum of ten million six hundred eighty-six
wu 28 thousand dollars ($10,686,000) for the 100-bed living unit
29 project, with support services. and necessary
. 30 infrastructure improvements, at the Dewitt Nelson
31 Training Center in San. Joaquin County authorized in
32 subdivision (f) of Section 13 of this act: This amount shall
33 be available, as necessary, for the purposes of site .
34 . acquisition, site studies and suitability reports, f
.35 environmental studies, master planning, architectural
�. 36 programming, schematics, preliminary plans, working
37 drawings, construction and long lead and equipment
38 items.
39 (g) The sum of twenty-three million throe hundred
40 twelve thousand dollars ($23,312,000) for the three
gr
- 11 — AB 3116
aster 1 100-bed living units, with support services and necessary
Ltics, 2 infrastructure improvements, at the El Paso de Robles
and 3 School in San Luis Obispo County authorized in
4 subdivision (g) of Section 13 of this act. This amount shall
teen 5 be available, as necessary, for the purposes of site
ving 6 acquisition, site studies, and suitability reports,
tune 7 environmental studies, master planning, architectural.
Los 8 programming, schematics, preliminary plans, working
tion 9 drawings, construction, and long lead and equipment
3ary., 10 items.
and 11 SEC. 14. Title 4.95 (commencing with Section 4498)
aster . 1.2 . is added to Part 3 of the Penal Code, to read•
hies, . 13
and 14 TITLE 4.95.. COUNTY CORRECTIONAL FACILITY
15 FUNDING FROM THE "THREE STRIKES"
y-six 16 VIOLENT AND CAREER CRIMINAL DETENTION
unit, 17 BOND ACT OF 1996
;sary 18
:)l of 19 4498. (a) Itis the Legislature's intention to make the
i (e) 20 money appropriated. for allocation under the "Three
.e, as ` 21 Strikes" Violent and Career Criminal,Detention Bond
tdies 22 Act of 1996 .available to counties with established and
aster 23 documented needs for capital projects for county adult
Ltics,. 24 and juvenile correctional facilities However, thatmoney
and iA 25 . maynotbe used to buildfacilities that the counties cannot
26 afford to operate fully and safely. Further, 10 percent of
y-six. . 27 . state funds shall be withheld from any project. after
unit 28, completion of construction until an onsite evaluation is
isary 29 completed to ensure that facilities are fully and safely
;lson 30 staffed and operated.
:d in 31 (b) For purposes of this title, "bond act" means the
shall 32. "Three Strikes" Violent and Career Criminal Detention
site 33 Bond Act of1996 (Chapter 19 (commencing with Section
,orts, 34 7480) of Title 7).
Lural 35 4498.1: The Board of Corrections shall not itself be
king 36 deemed a responsible agency, as de-ned in Section 21069
nent 37 of the Public Resources Code, or otherwise be subject to
38: the California Environmental Quality Act (Division 13
dyed 39.. `(commencing with Section 21000) of the Public
hree 40 :.Resources Code) for the activities under this title. This
97 97
AB 3116 — 12 -
1
12 -
1 section does not exempt any local agency. from the
2 requirements of the California Environmental Quality
3 Act.
4 4498.2. Money from the 1996 Violent and Career
5 Criminal Detention Fund appropriated to the Board of
6 Corrections for allocation pursuant to this title shall be
7 allocated to .county adult and juvenile correctional
8 facilities as provided.in this section.
9 (a) Funding shall be provided for those projects
10 entitled to be funded under subdivision (c) of Section 3 .
11 of Chapter 444, Statutes of 1984, as amended, Section 5.of
:12 Chapter 1519, Statutes of 1986, and subdivision (b) of
13 Section 4497.04, to the extent that thoseprojectshave not
. 14 receivedfullfunding.Further, anycountyon a previously
15 developed and adopted.reallocation plan.of the board
16 pursuant to subdivisions (c) and (e) of Section 4497.04
17 shall receive those funds
18 (b) An application forfunds shall be in the manner and
19 form prescribed by the board and pursuant to
20 recommendations of an allocation advisory committee ,
21 appointed by the board. From these recommendations,
22 a new allocation plan shall be developed and adopted by
23 the board. The allocation advisory committee shall
24 convene upon nod6cation by the board.
25 (c) If any county declares that it is unable to use the .
26 funds allocated to it under Section 4497.04, 4497.28, or
27' 449732, or from. this section, or if any county is.unable to
4 . 28 satisfy the prerequisites for fundi 2g listed in Sections
=+ x 29 4497.10 and 4497.20 or applicable regulations,the amount
30 allocated to the county in this section shall revert to the
31 state, to be reallocated by the.board.
32 (d) ..Reverted funds under this title, subdivision (b) of .
33 Section~ 4497.04, or Section 4497.28 or 449732.shall.be
34 reallocated to countiespursuant to the development and
35 adoption of a .new allocation plan as determined by an
36 allocation advisory committee appointed by the :board
37 The allocation advisory_committee shall convene upon
38 notification by the board.that funds have been reverted.
k _ 39 . If any county seeking funds has not completed
40 architectural drawings at the time reallocation funds'
97
- 13 — AB 3116
the 1 become available, . the county shall be removed from
ality 2 reallocation consideration until it has completed
3- architectural drawings
reer 4 (e) (1) To be eligible for funding under the bond act,
d of 5 the county shall enter into a contract with the board and
11 be 6 begin construction orrenovation work within.three years
'onal 0 7 of the effective date of the bond act. The boardmay waive
8 this requirement,. based on specified criteria, if it
iects 9 determines there are unavoidable delays in starting
on 3 10 construction, except that, with respect to counties
5.0f 11 receivingreverted funds under subdivisions (b) and (d),
�) of 12 thenewallocatlon plan adopted by the board shallgovern
snot I 13 on the issue of whether, and under what circumstances,
►usly 14 the requirement maybe waived.
Bard 15 (2) This subdivision is not an authorization to utilize
?7.04 16 allocated funds to reimburse counties whose match on
17 previously approved and completed projects exceeded
.and 18 the required 25 percent Costs eligible for state funding
to 19 and as county match shall be'those defined in applicable
ttee 20 existing sections of the County Correctional Facilities
!ons, 21 Capital Expenditure and Youth Facility Fund regulations
d by . 22 (Section 500 and following, Title 15, California Code of
shall 23 Regulations), which regulations may be amended.
24 4498.3. Administration of funds to facilities shall be
the 25 according to existing County Correctional Facilities
1, or 26 Capital Expenditure and Youth Facility Fund re gulations
le to 27 (Section 500 and following, Title 15, California Code of
-ions 28 Regulations), except as those regulations may be
)1unt 29 amended to comply with the provisions of this title.
the 30 4498.4. Notwithstanding Section 13340 ' of the
j 31 Government Code,.fundsprovided under the bond act
I bof e 32 are hereby appropriated without regard to fiscal year to
33 the board to be used exclusively for the costs of this gran t
and0 . , 34 fund to 'counties and for administrative costs in
v an 35 implementing the bond act and this title. Administrative
,ard. 36 costs shall not exceed 1 and one-half percent of.the
pon 37 amount allocated for that implementation.
ted. 38 4498.5. No state moneys shall be encumbered in
--ted 39 contracts with a county, nor released to a county for
reds 4. construction or renovation of a local facility pursuant to
97 97
AB 3116 — 14 -
1
14 -1 this title until conditions of this title have been fulfilled by
2 the county.
3 SEC. 15. Chapter 19 (commencing with Section 7480)
4 is added to Title 7 of Part 3 of the Penal Code, to read:
.5
6 CHAPTER 19. "THREE STRIKES" VIOLENT AND CAREER
7 CRIMINAL DETENTION BOND ACT OF 1996
8 ,
{ 9 7480. This chapter shall be known and may be cited
10 as the "Three Strikes Violent and Career Criminal
i 11. Detention Bond Act of 1996.
12 748.1. The State General Obligation Bond Law is
13 adopted for the purpose. of the issuance, sale, and
14 repayment of, and otherwise providing with respect to,
15 the bonds authorized to be issued by this chapter, and the
16 provisions of that law are included in this chapter as
17 though set out. in full in this chapter, except that,
18 notwithstanding anything in the State General
i 19 Obligation Bond Law, the maximum maturity of the
20 bonds .shall no exceed 20 years from the date of each
21 respective series. The maturity of each respective series ,
22 shall be calculated from the date of that series.
23 7482. There is in the State Treasury the 1996 Prisen
24 Violent and Career Criminal Detention
25 Fund which is'hereby created.:The proceeds of the sale
26 of bonds authorized by this chapter shall be deposited in
27 the 1996 . , Violent and Career
28 Criminal Detention Fund.
29 7483: (a) Of the moneys. in the 1996 sen
s z+
30 Violent and Career Criminal Detention
31 Fund; two billion si3�/sim wA4hen. s ($2;066,0w,009}
66-,08,889}
32 fourhundredsirteenmilliondollars,($2,416,000,000) shall
33. be used for the acquisition, construction; renovation,
34 remodeling, and deferredmaintenance. pursuant to
:i 35 Section 16727 of the Government Code,of state youth and
36 adult correctional facilities, crime laboratories, and
' 37 criminal justice inquiry networks.
38 (b) The money identified in subdivision (a) may also
39 be used for the following purposes:
97
- 15 — AB 3116
by 1 (1) To help mitigate capital costs of local government
2 and school districts impacted by construction of state
80) 3 adult correctional facilities, provided that the cost of
d; 4 mitigation does not exceed 1 1/2 percent of the total
5 facility cost.
;R 6 (2) The refinancing of interim debt incurred for any
7 of the purposes specified in this section.
8 (c) Upon request of the Department of Corrections
ted .9 and upon approval of the Director of - Finance,
nal 10 appropriations. or. augmentations to appropriations for
11 the Department of Corrections or the Department of the
is 19-- Youth Authority made from the 1984 Prison Construction
and .13 Fund established by Section 7202, the 1986 Prison
to, 14 Construction Fund established by Section.7302, the 1988
the 15 Prison Construction Fund established by Section 7402, or
as 16 the 1990. Prison Construction Fund established by Section
iat 17 7422, or any combination thereof, may be funded from
gyral
18 the 1996 Violent and Career
the 19 Criminal . Detention -Fund. If appropriations are so
tch20 carried forward, "fund" means the 1984 Prison
ies 4. 21 Construction Fund, the 1986 Prison Construction Fund,
22 the 1988 Prison Construction Fund; the 1990 Prison
23 Construction Fund, the 1996 Prisen GettstTue6eft Violent
,on 24. and Career Criminal Detention Fund., or any
ale 25 combination thereof, as is appropriate.
in v
. . 26 (d) Of.the moneys in the 1996 Prison3st4uetien
?er 27 Violent and Career Criminal Detention Fund, one
28 .hundred fifty million dollars ($150,000,000) shall be used
left 29 . for- the construction, -reconstruction, remodeling, and
,on 30 replacement of county juvenile facilities; and the
31 performance .of deferred maintenance on . county
tall 32 juvenile.facilities, but only for the purpose of reducing
:)n 33 overcrowding and eliminating health, fire, and life safety
to 0 `! 34 hazards. However, deferred maintenance for facilities
nd 35 shall .only include items with.-a useful life of..at least 10
nd ..36 years. .
37 (1) Expenditure shall be, made only , if county
lso 38. matching funds of 25 percent are provided as determined
.39 by the�Legislature, except that this requirement may be
40 modified or waived by the .Legislature where it
97 97
AB 3116 — 16 —
I
16 -
1 determines that it is necessary to facilitate the expeditious
2 and equitable construction of local correctional facilities.
3 (2) As used in this subdivision, "county juvenile
4 facilities" means county juvenile halls, juvenile homes,
5 ranches or camps, and other juvenile detention facilities.
6 (e) Of the moneys in the. 1996 Pry Gettstfuetien
7 Violent and Career Criminal Detention Fund, four
AAML
8 hundred ffiAh -s ($400,000,000) fifty million .1.,
9 dollars ($450,000,000) shall be used for.the construction,
10 reconstruction, remodeling, and replacement of county
11 adult correctional facilities, and the performance of
12 deferred maintenance on county adult correctional
13 facilities, but. only for the purpose of reducing
14 overcrowding and eliminating health, fire, and life safety
15 hazards. However.. deferred maintenance for facilities
16 shall only include items with a useful life of at least 10
17 years.
18 (1) Expenditure •shall be . made only if county
:< 19 matching funds of 25 percent are provided as determined
20 by the Legislature, except that:this requirement may be
21 modified or waived by the Legislature where it .
. 22 determines that it is necessary to.facilitate the expeditious
23 and equitable construction of local correctional facilities.
24 (2) As . used in this subdivision, "county adult
25 correctional facilities" means county jail facilities.
26 (f) Of the moneys m the 1996 Violent and Career
27 Criminal Detention Fund, one hundred h'fty million
: . _,. ;,-;;: 28 dollars ($150,000,000) shall be- used for the construction,
29 reconstruction, remodeling, and replacement of state
30 and local crime laboratories Forty million dollars
31 ($40,000,000) shall be allocated to the Department of
.32 Justice for disbursement within the state criminal
33 laboratory system. One hundred ten: million dollars
34 . ($110,000,000) shall be allocated to. the Board of
35 Corrections for disbursement to municipal and county
36 crime laboratories
37 (g) . .Of the. moneysin the. 1996. Violent and Career
38 .Criminal Detention Fund, one hundred fifty million
39 dollars ($150,000,000) shall be used for the construction,
40 reconstruction, remodeling, and replacement of state
917
- 17 — AB 3116
)us 1 and local criminal justice inquiry networks. The money
.es. 2 shall be used fora project that coordinates criminal justice
ule 3 databases maintained by the Department ofJustice, the
.es, 4 courts, and local law enforcement and corrections
:es. 5 agencies in order to maximize dissemination of
6 information and minimize the exchange of paper
)ur 7 documents The project shall entail the modernization of
,on 8 the cal-ID system to accommodate the use of updated
:)n, 9 technologies that permit the use of live scan terminals
lty 10 The project emphasis shall be to provide on line
of 11 information to law enforcement and corrections agencies
1al. 12 as efficiently as possible so that the public. and public
ng 13 safety personnel are afforded maximum protection.
�ty 14 Itis the intent of the Legislature that the design of the
ies
15 project and related functions will be approved for bid by
10 16 a task force comprised of representatives .from the
17 Department ofjustice, county sheriffs, city police chiefs,
ity, 18. distzlct attorneys, the judiciary, and the Department of
ed 19 Information Technology.
be 20 7484. The 1996 Violent and Career Criminal
it 0 21 Detention Bond Committee. is hereby created. The
pus 22 committee shall consist of the Controller, the Treasurer,
es. 23 and the Director of Finance, or their designated
ult 24 representatives. A majority may act for the committee.
25 The Treasurer shall chair the committee. That committee
?er 26 shall be.the "committee" as that term is used in the State
on 27 General Obligation Bond Law.
,)n, 28 When funds are appropriated to the Department. of
ite 29 Corrections, the Department of Corrections is the
7 r 30 "board" for the.purpose of the State General Obligation
Of 31 Bond Law and-this chapter. When funds are appropriated
7a] 32 to the Department of the Youth_ Authority,. the
Z-s 33 Department of the Youth.Authority is the "board"for the
of 34 purpose of the State General Obligation Bond Law and
Ity 35 this chapter. When funds are appropriated to the Board
36 of Corrections,the Board of Corrections is the"board"for
?er 37 the purpose.of the State General Obligation Bond Law
'on 38_. and this chapter.
)n, 39 7485. The committee is hereby authorized and
cte _ 40 empowered. to create a debt or debts, liability or
97 97
AB 3116 — 18
1 liabilities, of the State of California, in the aggregate
2 principal amount of two billion si* h mdr-ed simte
3 ($2;616,000,000) nine hundred sixty-six
4 million dollars ($2,966,000,000), exclusive of refunding
5 bonds, or so much thereof as is necessary, which may be
6 issued and sold to provide a fund to be used for carrying
7 out the purposes specified in Section 7483, and to be used
8 to reimburse the General Obligation Bond Expense
9 Revolving Fund pursuant to Section 16724:5 of the
10 , Government Code.
'i 11 7486. The committee may determine whether or not
12 it.is necessary or desirable to issue any bonds authorized
13 . under this chapter, and if so, the amount of bonds then to
14 be issued and sold. The committee may authorize the
15 Treasurer to sell all or any part of the bonds herein
16 authorized at such time or times as may be fixed by the
17 Treasurer.
{ t 18 7487. (a) All bonds herein authorized, which shall
19 have been duly sold and delivered as herein provided,
20 shall constitute valid and legally binding general
21 _obligations of the State of California, and the full faith and
22 credit of the State of California is hereby pledged for the
23 punctual payment of both the principal thereof and
24 interest thereon.
25 (b) There shall be collected annually in the same
26 manner and at.the same time as other state revenue is '
27 collected, that sum, in addition to the ordinary revenues .
28, of the state, that is required to pay the principal, of, and
29 interest on, those bonds, and it is hereby made the duty
30 of all officers charged by law with any duty in regard to
31 the collection of that revenue to do and perform each and
32 -every act that shall be necessary to collect that additional
p 33 sum.
34 (c) All money deposited in the .fund that has been
35 derived from premiums or accrued interest on bonds sold
36 shall be available for transfer"to the General Fund as a
37 credit to expenditures for bond.interest.
38 (d) All money deposited in the fund pursuant to any _
39 provision,of.law requiring repayments to the state that is
40, financed by the proceeds of the bonds authorized by this
97
I
_ 19 — AB 3116
e 1 chapter shall be available for transfer to the General
2 Fund. When transferred to the General Fund, that
X 3 money shall be applied as a reimbursement to the .
9 4 General Fund on account of the principal of, and interest
e 5 on, the bonds: which have been paid from the General
9 6. Fund.
d 7 7488. Notwithstanding Section 13340 of the
e .8 Government Code, there is hereby appropriated from
e 9 the General Fund in the State Treasury for the purpose
10 of this chapter an amount that will equal the following:
►t 11 (a) That sum.annually as will be necessary to pay the
3 12 principal of, and the interest on,the bonds issued and sold
13 pursuant to this chapter.
z 14 (b) That sum as is necessary to carry out the provisions
1 15 of. Section 7489, which sum is appropriated without
e 16 regard to fiscal years.
17 7489. For the purpose of carrying out this chapter, the
1 18 Director of Finance may authorize, by executive order,
19 the withdrawal from the General Fund of an amount or
O20 amounts not to exceed the amount of the unsold bonds
21 that the committee has authorized, by resolution, to be
22 sold for the purpose of carrying out this chapter. Any
3 23 amounts withdrawn shall be deposited in the fund and
24 shall be disbursed by the committee in accordance with
25 this chapter. Any money made available: under this
s 26 section to the board shall be returned by the board to the
s . 27 General Fund from moneys received- from the sale of
3
28 , bonds sold for the purpose of carrying out this chapter.
v '29 Those withdrawals from the General Fund shall be
30 returned to the General Fund with interest at the rate
31 that would otherwise have been earned by those sums in
1 32 the Pooled Money Investment Account.
AVI33 7490. The. .board may request the Pooled Money
1 i 34 Investment Board to make a loan from the Pooled Money
i 35 Investment Account, in accordance with Section 16312 of
36 the Government Code, for the purposes of.carrying out
37 the provisions of this chapter: The amount of the request
.38 shall not exceed the amount of the unsold bonds that the
s 39 committee has authorized,by resolution,to be sold for the
S 40 purpose of carrying :out this- chapter. The board shall
r 97
AB 3116 — 20 -
1
20 -1 execute any documents required by the Pooled Money
2 Investment Board to obtain and repay the loan. Any
3 amounts loaned shall be deposited in the fund to be
4 allocated by the board in accordance with this chapter.
5 7491. Any bonds issued and sold pursuant to this
6 chapter may be refunded by the issuance of refunding
7 bonds in accordance with Article 6 (commencing with
8 Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 1.
9 2 of the Government. Code. Approval by the electors. of
10, the state for the issuance of any bonds shall include:the
11 approval of the issuance of any bonds issued to refund any
12 bonds originally issued or any previously issued refunding
13 bonds.
14 7492. All proceeds from the sale of bonds.,except_those
15 derived from premiums and,accrued interest, -shall be
16 available for the purposes specified in Section 7483, but
17 shall not be available for transfer to the General Fund to
18 pay the principal of and interest ori bonds. The money
19 in the fund may be expended only as herein provided.
20 Notwithstanding any other provision of this-chapter or -
21 of the State General Obligation Bond Law, if the
22 Treasurer sells bonds pursuant to this chapter that
23. include a bond counsel opinion to the effect that the
24 interest on the bonds is excluded from gross income for
25 federal tax purposes under designated conditions, the f'
.26 Treasurer may maintain separate accounts for the bond
27 proceeds invested and the investment earnings on those
a ' 28 proceeds, and may use or direct the use of those proceeds
29 or earnings to pay any rebate, penalty, or other payment
30 required under federal law, or take any other action with
31 respect to the investment and the use of those bond
32 proceeds, as may be required or desirable under federal .
33 law in order to maintain the tax-exempt status of those
j
. 34 bonds and to obtain any other advantage under federal
35 law on behalf of the funds of this state.
36 7494. Moneys in the fund may be.. expended only
37 :pursuant to appropriation by.the Legislature.
38 . 7495.. The Legislature hereby finds and declares that, _
39 inasmuch as the. proceeds from -the sale of bonds
40 authorized by this chapter are not "proceeds of,taxes"
97
— 21 — AB 3116
FI)
1 taxes," as that term is used in -Article XIII B of the
Y
Y 2 California Constitution the disbursement of these
3 proceeds is not subject to the limitations imposed by that
4 article.
s 5 SEC. 16. Section 15 of this act shall take effect upon
6 the adoption by the voters of the "Three Strikes" Violent
z 7 and Career Criminal Detention Bond Act of 1996, as set
8 .. forth in Section 15 of this act.
f
9 SEC. 17. Section 15 of this act shall be submitted to the
10 voters at the November 5, 1996, statewide general
y 11, election in- accordance with . provisions of , the
12 Government Code and the Elections Code governing the
13 submission of statewide measures to the voters and,
14 notwithstanding any other, ts provision of law,
15. shall appear.as the first proposition on the ballot:
t 16 SEC.. .18. Notwithstanding any other provision of law,
17 all.ballots of the November 5, 1996, statewide .general
18 , election shall have printed thereon and in a square
=19 -thereof, the words: " "Three Strikes" Violent and Career
w t
20 Criminal..Detention Bond Act of 1996," and in the same
21 square under those words, the following in 8-point type:
t 22 -. "This act provides for a bond L.issue of two billion six
23, hundi-7.ed simte6 to nine
. .24 hundred sixty-six million dollars ($2,966,000,000) to
25 provide funds for construction of critically needed state
I 26 adult and youth correctional facilities to house state
27 criminal offenders, and. construction of local adult and
28. juvenile correctional f aeilities. facilities, crime
29 laboratories, and criminal justice inquiry networks
30 Opposite the square, there shall be left spaces in which
i 31 the voters may place a cross in the manner required by
32 law to indicate whether they vote for or against the act.
.33 Where the voting in the election�is done.by means of
(� 34 voting machines used pursuant to law.in the manner that
35 carries out the intent of this section, the use of the voting
36 machines and the expression of the voters" choice by
37 means thereof are in compliance with this section.
38 SEC. 19. This act is an urgency statute necessary for
'39 the immediate preservation of the public peace, health, .
40 or safety within the meaning of Article IV of the
97
AB 3116 — 22 -
1 Constitution and shall go into immediate effect. The facts
2 constituting the necessity are:
3 As of March 1996, the state prison system was housing i
4 approximately 137,000 inmates in facilities designed to
5 house only 73,000. As a result of the enactment of the
6 "Three Strikes" law and other sentence enhancement
7 laws in 1994, the inmate population is expected. to
8 increase to unprecedented levels. The annual increase in
<�< 9 the inmate population is projected to be more than 15,000
10 inmates during the next five years, approximately
.11 two-thirds more than recent increases. This phenomenal
12 rate of growth is creating a serious public safety crisis.
13 Overcrowding also will significantly increase within the
14 Department of the Youth Authority facilities over the
. 15 next five years. Additionally, local adult and juvenile
16 correctional facilities are operating over capacity or must
17 implement 'emergency release procedures, and the
18 population of these facilities is still increasing. The
19 construction of Youth Authority and local adult and
20 juvenile facilities and renovation of existing facilities must r
21- proceed as expeditiously as possible to relieve
22 overcrowding and maintain public safety and security.
23 -The siting, design, and construction of new prisons at the
24. earliest possible time. is also immediately necessary to
25 address current and future crisis levels of overcrowding j
26 and maintain public safety. To prevent the possibility. of
27 court-ordered releases of violent or repeat felons, it is
�-rM ray y
28 necessary for this act to take effect immediately.
J
i.
i
M
O
9
CONTRA COSTA COUNTY
JUVENILE SYSTEMS PLANNING County Administration
ADVISORY COMMITTEE Building, 10th Floor
Martinez, CA 94553
CHRIS ADAMS, Chair
(510) 646-4855
May 24, 1996
Governor Pete Wilson
1st Floor, State Capitol
Sacramento, CA 95814
Dear Governor Wilson:
The Juvenile Systems Planning Advisory Committee, a Contra Costa
County Board of Supervisors appointed citizens ' committee, has been
involved in a three-year planning process to develop and implement
recommendations regarding juvenile justice facility and program
needs. The planning effort began because of the serious
overcrowding in our Juvenile Hall and the assessment by our staff
and experts hired by the California Youth Authority that Contra
Costa County had one of seven juvenile halls in the State � in
immediate need of replacement for safety reasons (See County
Juvenile Detention Facilities Needs Assessment Update, State of
California, Department of Youth Authority, 1991) .
Projections of youth in Contra Costa County in the crime prone age
group of 12 to 17 indicate an increasing incarcerated population
over the next 15 years . Our juvenile hall population is projected
to rise from 37 percent to 43 percent between 1995 and 2010 (257 to
288 youth will be incarcerated) .
The seriousness of crimes committed by youth is also increasing.
The total number of felony arrests among juveniles in Contra Costa
County nearly doubled from about 275 in 1984 to nearly 500 in 1993,
including a staggering 74% increase in violent offenses of
homicide, rape, robbery, assault and kidnapping.
These problems are typical in local California jurisdictions--
outmoded and overcrowded juvenile halls and under-funded programs
and services, all of which are ill-suited to address a growing
population of violent, emotionally disturbed, and drug addicted
youth. Many policy, program and facility changes have occurred in
the adult justice system over the last 15 years. Virtually nothing
has changed in the juvenile system.
_ Contra Costa County has developed a Continuum of Care model to
address these problems. It includes a full system of graduated
sanctions and treatment interventions, ranging from early
intervention and prevention programs to locked treatment facilities
for adjudicated minors. When implemented, the continuum will move
some youth who are incarcerated to community-based supervision and,
at the same time, dramatically increase the level of community
supervision and the variety of programs available.
A critical component of the continuum is the replacement of
juvenile hall. While we support the intent of AB 3116 (Brulte) -
Juvenile Facilities Bond Act (and SB 2078 - Bond Measure for
Facilities for Juvenile Offenders) , it is clear to us that $150
million bond issue will not meet the need in California. The CYA
report referenced previously in this letter projected the need for
a total of $361 million in funding beyond Propositions 52 and 86 to
correct fire, health, and life safety deficiencies; to replace
unsafe facilities; and to add needed capacity through the year
2000 . That report is now over five years old, and the situation in
terms of need for juvenile facilities has only worsened. We urge
you to consider increasing the value of the bond measure from $150
million to $500 million.
We would be pleased to share the work we have done in developing
our continuum with your office and other counties who are
interested.
Sincerely,
Chris Adams, Chair
Juvenile Systems Planning Advisory Committee