Today's Law As Amended


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AB-2587 Correctional facility construction: local agreements.(2011-2012)



As Amends the Law Today


SECTION 1.

 Section 7007 is added to the Penal Code, to read:

7007.
 (a) Notwithstanding any other provision of law, the Secretary of the Department of Corrections and Rehabilitation may enter into a long-term agreement not to exceed 25 years, with the City of Adelanto to finance and build a state prison facility for the incarceration of medium and maximum security inmates. The facility shall meet the specifications of the secretary.
(b) A facility erected pursuant to this section shall be staffed by employees of the Department of Corrections and Rehabilitation.
(c) In determining the reimbursement rate pursuant to an agreement entered into pursuant to this section, the secretary shall take into consideration the cost incurred by the city for the financing and construction of the facility, and any other factors that are necessary and appropriate to fix the obligations, responsibilities, and rights of the respective parties. The payment to the City of Adelanto shall include a service fee component that takes into consideration the investment, risk, and assistance of the city in siting, financing, and constructing the facility.
(d) Inmates incarcerated at a facility erected pursuant to this section, shall be subject, at all times, to the rules and regulations of the department, and the facility constructed pursuant to this section, shall in all respects be a state prison facility.
(e) The secretary, in his or her discretion, may elect to contract with the City of Adelanto to maintain the facility, including maintaining the fixtures and improvements which comprise the facility.
SEC. 2.
 The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances in the City of Adelanto that allow for needed prison construction to begin in a timely manner.