Adopt a resolution authorizing the President of the Board to execute a non-binding Agreement of Cooperation between the State of California, Department of Corrections and Rehabilitation (CDCR) and the County, to jointly plan for a state constructed secure reentry program facility in conjunction with a new San Mateo County Jail designed to house and provide increased programming for adult offenders.
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In May of this year Governor Arnold Schwarzenegger signed Assembly Bill (AB) 900, the Public Safety and Offender Rehabilitation Services Act of 2007. This action represents a shift in California’s correctional system, provides for the largest prison capital outlay program in decades and provides opportunities to fundamentally improve corrections systems throughout California. Chief among the shifts of AB 900 are funding for increased offender programming, authorization for 16,000 beds in secure reentry program facilities (SRPF), and an appropriation of $1.2 billion in jail construction funding through state lease revenue bonds.
The mission and goals of AB 900 appear congruent with contemporary issues of overcrowding, recidivism reduction, gender-responsive programming and planning for new county jail facilities that are currently being considered in San Mateo County. On April 24, 2007, through Resolution No. 68667, this Board expressed support for the notion of allowing counties to “opt-in” on the construction of additional local jail beds, as well as on the construction and operation of county-located state re-entry beds, anticipating the passage of legislation of this nature.
The SRPF model funded by AB 900 is one in which smaller facilities and stronger rehabilitation programs prepare offenders for life outside of prisons and jails. The provisions of AB 900 include funding opportunities for local jail beds as well. The governor intends to expedite construction of new beds to reduce unsafe prison overcrowding conditions. Inherent in the Governor’s plans are provisions for counties, cities, and CDCR to work together to devise programs that will assist inmates, reduce recidivism and enhance public safety. An antecedent step to that collaboration is through the establishment of non-binding Agreements of Cooperation among counties willing to sign such documents and CDCR.
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The State of California will release approximately $750 million in funding for Phase I of the AB 900 earmarked monies, with up to $125 million available to our County. The preliminary Request for Proposals for Phase I was released and the final RFP will be released in December. Our response to the RFP is due March 18, 2008 with conditional funding decisions to be made by the State in June 2008.
CDCR has indicated that the first preference in consideration of the distribution of AB 900 funds will be given to those counties who have signed non-binding Agreements of Cooperation with CDCR. A later step in the process of funding will be to sign construction agreements: these are specifically not addressed in this resolution or the agreement sought at present.
The proposed agreement provides that the CDCR and the County shall jointly plan for a state constructed secure reentry facility in conjunction with a new San Mateo County Jail to house adult offenders. On September 25, 2007, this Board adopted Resolution number 69039 and authorized the execution of such an agreement but we have been subsequently notified by the State that a modification needs to be made to the agreement. The modification provides more specificity regarding the re-entry facility that is to be the subject of the joint negotiations. Because the State did not sign the original agreement, we are presenting the Board with a new agreement, not an amendment.
County Counsel has reviewed and approved the resolution and non-binding agreement as to form.
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