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Agenda Item
ASR
Control 08-000442 |
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MEETING DATE: |
03/11/08 |
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legal entity taking action: |
Board of Supervisors |
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board of supervisors
district(s): |
All Districts |
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SUBMITTING
Agency/Department: |
Sheriff-Coroner
(Approved) |
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Department contact
person(s): |
Assistant Sheriff Charles Walters (714)
647-1815 |
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Robert Beaver (714) 935-8431 |
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Subject:
Submit Proposal for AB 900
Funding for Musick Expansion
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ceo Concur |
County
Counsel Review |
Clerk of the Board |
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Concur |
Approved Resolution to Form |
Discussion |
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3 Votes Board Majority |
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Budgeted: N/A |
Current Year Cost:
N/A |
Annual Cost:
N/A |
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Staffing Impact: No |
# of Positions:
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Sole Source:
N/A |
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Current Fiscal Year Revenue: N/A |
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Funding Source: N/A |
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Prior Board Action: N/A
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RECOMMENDED ACTION(S)
Adopt Resolution to:
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1. |
Approve and authorize Assistant Sheriff Jack Anderson, or whoever holds the office of Sheriff-Coroner, to execute and submit on behalf of the County of Orange a Request for Proposal (RFP) for Public Safety and Offender Rehabilitation Services Act of 2007 (AB 900) funding in the amount of $100 million to the State of California. |
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2. |
Identify the proposed site location of the State Reentry Facility. |
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3. |
Designate specific Sheriff's Department staff members to act as County Construction Administrator, Project Financial Officer and Project Manager. |
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4. |
Agree that the County will comply with all RFP and grant requirements. |
SUMMARY:
The Sheriff-Coroner requests approval to submit a Request for Proposal to the State of California Department of Corrections and Rehabilitation, Corrections Standards Authority, for Public Safety and Offender Rehabilitation Servcies Act of 2007 (AB 900) funding in the amount of $100 million dollars for jail construction.
BACKGROUND INFORMATION:
On May 3, 2007, the Public Safety and Offender Rehabilitation Services Act of 2007 became law (also known as AB 900). Among its provisions, the State Public Works Board and the California Department of Corrections and Rehabilitation (CDCR) are authorized to enter into agreements with participating counties for acquisition, design and construction of local jail facilities (county adult detention facilities), for projects approved by the State Corrections Standards Authority (CSA) as concurred by the State Public Works Board. There is $650 million available for large and medium counties combined. The maximum amount of funds that can be requested by individual counties is up to 75% of total eligible project costs, not to exceed a maximum state funding amount of $100 million per project for large counties, such as Orange County. Counties may build for needs meeting year 2011 projections, and no further.
To be eligible for funds, counties must submit a Request for Proposal (RFP) which includes a Board of Supervisors Resolution, no later than March 18, 2008. Based on the needs of the Orange County Jail system, and validated through a recently completed Needs Assessment, the County is submitting an RFP for the maximum allotment of $100 million.
The Needs Assessment shows that Orange County has experienced a 13.5% population growth between 1996 and 2006. The jail system experienced an even more significant growth of 24.1% between 1997 and 2007. As a result, the County has been forced to make use of existing jail spaces for levels of occupancy and operational conditions that exceed the jail system’s actual design capacity, resulting in overcrowded jail conditions and frequent use of cite and release practices. Currently, the Orange County Jail system is overcrowded and operating at approximately 129% of its rated capacity.
The current State funding proposal will only fund jail bed needs based on projections through the year 2011. The results of the 2008 Needs Assessment show that the Orange County jail system needs to add 3,218 CSA rated beds simply to meet year 2011 projection of 8,297 system wide beds needed. Orange County Jail inmates are currently housed in overcrowded housing units and many at the Musick Facility live in tents and old wooden modular units that were intended for temporary, short term use. These “temporary” housing units have now been in use for over 20 years, need constant repair and need to be replaced by permanent more secure structures. As a result of the conclusions of the Needs Assessment, and based on available County funding for grant match requirements and ongoing operating costs, the County is proposing a project to add 1,536 CSA rated beds along with associated support facilities and infrastructure.
Counties will be awarded points for a variety of factors in their proposals. Competition for the available funds is expected to be fierce. The Public Safety and Offender Rehabilitation Services Act of 2007 requires that preference be given when distributing state funding to counties that assist the State in siting a Reentry Facility. A Reentry Facility is a secure facility that provides educational, vocational, life skills and substance abuse programs to State inmates before they are released into their local community. The purpose is to reduce crime and combat the effects of recidivism. Orange County is the place of last residence for over 9,000 inmates in the CDCR prisons, and approximately 7,900 parolees under the jurisdiction of the CDCR currently live in Orange County. According to the CDCR, approximately 15% of County offenders commit new crimes within a year of their release and are returned to state prison on new sentences. An estimated 47% of parolees have their paroles revoked during their first year of parole. California’s current recidivism rate for the first three years after release is approximately 70%. These people pass through Orange County jails and contribute to jail overcrowding. Providing reentry programs where State inmates and parolees can receive educational, vocational, life skills and substance abuse programs that will help them successfully reintegrate back into the community will subsequently reduce crime and resulting jail overcrowding.
Points will be awarded within a 300 point range as follows:
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(150 points) – The County has signed an Agreement to Cooperate with the California Department of Corrections and Rehabilitation to assist in the siting of a Reentry Facility. |
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The County has fulfilled this requirement by Board action on October 2, 2007. |
OR,
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(300 points) – A Reentry Facility site location is identified and stipulated in a Board of Supervisors Resolution. |
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a. |
The Sheriff-Coroner Department proposes to allocate 292 beds at the Theo Lacy Jail Facility as a location for a State reentry facility. The Theo Lacy Facility is owned by the County of Orange and is an existing County jail facility. Specific housing within this jail facility has been identified for reentry housing and programs assisting the State with reentry. (OCSD is requesting that the Board identify and stipulate to a portion of the Theo Lacy as a Reentry site location by way of the attached Resolution). |
CEQA Compliance: The subject activity is categorically exempt from the California Environmental Quality Act (CEQA), Class 1, pursuant to CEQA Guidelines, Section 15301.
General Plan: Not Applicable
FINANCIAL IMPACT:
This agenda item requests authorization to submit a proposal to the State to compete for up to $100 million for the expansion of the James A. Musick facility. The County’s share of design and construction costs was recommended for funding in the 2007 Strategic Financial Plan. This includes $7.7 million from Fund 14Q, $25.3 million of General Funds, and $9 million of General Funds per year for annual debt service beginning in FY 2010-11 to finance about $150 million.
Annual operating costs for Musick are expected to increase by about $20 million per year to fully operate the facility beginning in FY 2013-14. The funding plan identified in the Proposal utilizes:
- A commitment of $27 million already included in the 2007 Strategic Financial Plan.
2. The annual accumulation of an estimated $2.8 million per year that could be generated by a new fee charged to arrestees under California Government Code Section 29550.2. The Sheriff’s Department will request Board approval of the fee prior to FY 2008-09.
3. The annual accumulation of about $2 million from the General Fund, Prop 172 growth, or another funding source beginning in FY 2011-12.
4. Allocation of $18 million per year of General Funds beginning in FY 2016-17 at the same time that the Bankruptcy Recovery Bonds will be paid off which frees up $18 million of General Funds per year.
The funding plan submitted in the Proposal is intended to demonstrate to the State the County’s financial ability to staff and operate the facility within 90 days of completion of construction (estimated in FY 2013-14) as required by the RFP. Actual funding sources of the facility’s operations may change depending upon economic conditions at that time.
STAFFING IMPACT:
N/A
EXHIBIT(S):
Request for Proposal
ATTACHMENT(S):
Resolution