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HomeMy WebLinkAboutNotice of hearing - Corrections Standards Authority 07.25.08 STATE OF CALIFORNIA - DEPARTMENT OF CORRECTIONS AND REHABILITATION ARNOLD SCHWARZENEGGER,GOVERNOR CORRECTIONS STANDARDS AUTHORITY rv.... " 600 Bercut Drive Sacramento, CA 95811 ' 916-445-5073 www.edet.ca.gov/DivisionsBoards,CSA f July 25, 2008 SHERIFFS, CHIEFS OF POLICE, DIRECTORS OF CORRECTIONS, JAIL MANAGERS, COUNTY BOARDS OF SUPERVISORS, COUNTY ADMINISTRATIVE OFFICERS, PRESIDING JUDGES OF THE SUPERIOR COURT, COUNTY GRAND JURIES, COUNTY HEALTH OFFICERS, AND OTHER INTERESTED PARTIES. As you are aware, the Corrections Standards Authority (CSA) is in the process of revising the Adult Titles 15 and 24 California Code of Regulations (CCR), Minimum Standards for Local Detention Facilities. An Executive Steering Committee (ESC) and four workgroups, focusing on Management, Health, Minors in Detention and Physical Plant regulations, participated in the development of the proposed Titles 15 and 24 regulations revisions. The ESC and workgroups were comprised of members with extensive corrections, legal and healthcare backgrounds. The Corrections Standards Authority met on January 10, 2008, approved the proposed revisions, and authorized staff to proceed with the public hearing process. According to Government Code Section 11346.4, this announcement provides an opportunity for all interested parties to comment in writing and/or present commentary during the public hearing regarding the proposed regulations, prior to the finalization and formal adoption by the CSA. Official notices of the proposed regulatory action and informative digest will be published July 25, 2008 in the California Regulatory Notice Register. This letter is a summary of the official notice; attached you will find the Notices of Proposed Action for both Titles 15 and 24. Comments, recommendations, or suggestions regarding the proposed action are encouraged and will be received through 5:00 pm on September 8 2008. Time will be available for any person to present statements or arguments, oral or written, which are relevant to the proposed regulations at the public hearings noted below: PUBLIC HEARINGS Date Time Location Wednesday, September 3, 9:00 am Corrections Standards Authority 2008 660 Bercut Drive Sacramento CA 95811 Thursday, September 11, 9:00 am San Diego Sheriff's Department Headquarters 2008 9621 Ridgehaven Court San Diego CA 92123 The public hearings will continue as long as there are persons to present testimony. The meeting facilities are accessible to the physically handicapped. WRITTEN COMMENT PERIOD We invite any interested person, o[ their authorized F8pnSSeOt8[ive' to submit written comments relevant to the proposed regulatory action to the CGA. Included in the formal regulatory process is 8 45 day written comment period. The Notices of Proposed Amendments to both Titles 15 and 24 are enclosed for your information. The NobmsS. as well as the Initial Statements ofReasons and the strike out and underline text ofthe proposed regulations, can be viewed at the CSA'svvebSite: http://www.cdcr.ca.gov/Divisions Boards/CSA/ If you do not have access to the Internet, you can submit a vvhUen request for these documents to Allison Gonte[ or Ron Bertrand (contact information listed below). In 8dditioO, written cOnonl8ntG may be submitted electronically via the Internet to the CSA (see website information 8bOve\. A||isOnG8nte[. Field Representative Ron Bertrand, Field FlepnesaOt8Uv8 600 BerCUtD[iVe 8O0BerCutDrive Sacramento CAS5811 Sacramento CAS5811 /015\445-5O73 (Q16)445-5O73 All written uonnnnenta must be received no later than 5:00 p.m. on September 8, 2008. Written comments should bedirected to: We look forward to your input and participation in this process. Sincerely, G@ryVViOD. Deputy Director (A) NOTICE OF PROPOSED AMENDMENT TO TITLE 15, MINIMUM STANDARDS FOR LOCAL DETENTION FACILITIES, CALIFORNIA CODE OF REGULATIONS, BY THE STATE CORRECTIONS STANDARDS AUTHORITY TITLE 15. CORRECTIONS STANDARDS AUTHORITY Pursuant to Penal Code 6030, the State Corrections Standards Authority (CSA) hereby gives notice of the proposed regulatory action(s) described in this public notice. It is the intent of the CSA to amend and adopt the regulations contained in Title 15, Division 1, Subchapter 4, California Code of Regulations (known as the Minimum Standards for Local Detention Facilities), after considering all comments, objections, and recommendations regarding these regulations. PUBLIC HEARING The CSA will hold the following public hearings: Wednesday, September 3, 2008 Thursday, September 11, 2008 09:00 am 09:00 am Corrections Standards Authority San Diego Sheriff's Department 660 Bercut Drive Headquarters Sacramento CA 95811 9621 Ridgehaven Court San Diego CA 92123 Both locations are wheelchair accessible. At the hearings, any person may present statements or arguments, orally or in writing, relevant to the proposed action described in the Informative Digest. The CSA requests, but does not require, that persons who make oral comments at the hearing also submit a written copy of their testimony at the hearing. The hearing will remain open only as long as persons in attendance are presenting testimony. WRITTEN COMMENT PERIOD Any interested person, or his or her authorized representative, may submit written comments relevant to the proposed regulatory action to the CSA. The written comment period closes at 5:00 pm on September 8, 2008. The CSA will consider only comments received at CSA offices by that time. Submit comments to: Allison Ganter, Field Representative Ron Bertrand, Field Representative 600 Bercut Drive 600 Bercut Drive Sacramento CA 95811 Sacramento CA 95811 (916) 445-5073 (916) 445-5073 allison.ganterEt,eder.ca.go ron.bertrand(ci—,,-cder.ca.,,,ov CSA 2008 Adult T 15 Notice of Proposed Rulemaking I 7111812008 AUTHORITY AND REFERENCE Penal Code Section 6030 authorizes the CSA to adopt and amend the proposed regulations, which would implement, interpret, or make specific Sections 6029 and 6030 of the Penal Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Summary of Existing Laws Sections 6029 and 6030 of the California Penal Code authorize the Corrections Standards Authority to establish standards for local adult and juvenile detention facilities. The standards shall include but not be limited to the following: health and sanitary conditions, fire and life safety, security, rehabilitation programs, recreation, treatment of persons confined in local detention facilities and personnel training. Section 6030 requires the Corrections Standards Authority to review such standards biennially and make any appropriate revisions. Summary of Existing Regulations Existing standards which prescribe requirements for local detention facilities are promulgated by the Corrections Standards Authority. These regulations are contained in Title 15 — Crime Prevention and Corrections, Division 1, Chapter 1, Subchapter 4 of the California Code of Regulations (CCR). Summary of Effect The proposed action would update Title 15, Division 1, Chapter 1, Subchapter 4 CCR adopting new and revised definitions to add clarity to the regulations; update reference to the Board of Corrections to Corrections Standards Authority to reflect legislative change; require facility administrators to comprehensively review policy and procedures every two years rather than annually; update reference to State Fire Marshal inspections; allow a facility manager's designee to accept incident reports in his/her stead; update reference to Building Standard Commission regulatory citations; delete requirements for reporting the use of force for, DNA collection to the CSA due to this requirement sunsetting; update regulations regarding correspondence for clarity; updating regulations to include writing with books newspapers and periodicals and clarify the intent of the regulation regarding such publications; correct grammatical errors; update regulations regarding contact between adult inmates and minors to ensure consistency with state and federal statute; delete outdated reference to minors under 16 in adult jails; clarify the requirements for obtaining a medical clearance for minors in temporary holding facilities and lockups; clarify the requirements for a facility that elects to implement provisions for transfer to a mental health facility; revise requirements for administering involuntary psychotropic medication; update references to the California Retail Food Code; correct an error from past revisions regarding minimum diet; update references to the correct Dietary Guide; and, update reference to test standards for penal mattresses. The effect of the proposed changes is further described below. Comparable Federal Statute or Regulations There are no comparable federal regulations or statutes. CSA 2008 Adult T 15 Notice of Proposed Rulemaking 2 7/1812008 Policy Statement Overview The broad objective of the proposed action is to maintain regulations for local adult detention facilities in conformance with sound correctional practices and to ensure the safe and secure detention of incarcerated persons. 1004. Severability. This regulation describes the severability of an unconstitutional or contrary regulation. Proposed revisions replace Board of Corrections with Corrections Standards Authority; there is no operational impact. 1006. Definitions. This regulation defines terms used throughout these regulations. To provide clarity and consistency to these regulations, five have been amended, and one has been deleted. 1007. Pilot Projects. This regulation describes the requirements if a facility elects to apply for a pilot project. Proposed revisions replace Board of Corrections with Corrections Standards Authority; there is no operational impact. 1008. Alternate Means of Compliance. This regulation describes the requirements if a facility elects to apply for an Alternate Means of Compliance. Proposed revisions replace Board of Corrections with Corrections Standards Authority; there is no operational impact. 1012. Emergency Suspension of Standards. This regulation outlines the steps that must be taken to suspend applicability of standards in the event of an emergency. Proposed revisions replace Board of Corrections with Corrections Standards Authority; there is no operational impact. 1013. Criminal History Information. This regulation allows certain information to be accessible to CSA staff. Proposed revisions replace Board of Corrections with Corrections Standards Authority; there is no operational impact, 1018. Appeal. This regulation outlines the appeal process if a jurisdiction does not agree with the application of a particular standard. Proposed revisions replace Board of Corrections with Corrections Standards Authority; there is no operational impact. 1027. Number of Personnel. This regulation outlines the requirements for staffing and safety checks in a detention facility. Proposed revisions replace Board of Corrections with Corrections Standards Authority; there is no operational impact. - 1028. Fire and Life Safety Staff. This regulation requires that there be at least one staff member trained in fire and life safety on duty at all times in a detention facility. Proposed revisions replace Board of Corrections with Corrections Standards Authority; there is no operational impact. 1029. Policy and Procedures Manual. Current regulations require that the facility manager develop and publish a manual of policies and procedures and requires that this manual be updated at least annually. The proposed revision would extend this process to every two years CSA 2408 Adult T 15 Notice of Proposed Rulemaking, 3 71/18/2008 and adds the term "comprehensively reviewed" to the process to allow necessary time for such a review. 1032. Fire Suppression Preplanning. This regulation outlines the requirements for a facility's fire suppression preplan. Revisions bring the regulation in line with current Health and Safety Code requirements for biennial fire prevention inspections. There is no operational impact. 1040. Population Accounting. This regulation describes the requirements for population accounting systems. Proposed revisions replace Board of Corrections with Corrections Standards Authority; there is no operational impact. 1044. Incident Reports. Current regulation requires that a written record of all incidents which result in physical harm, or serious threat of physical harm, to an employee or inmate of a detention facility or other person shall be submitted to the facility manager within 24 hours of the event of the incident. Proposed revisions add the words "or his/her designee" to regulation to allow the facility manager to designate a subordinate to accept the written record; the facility manager may be in a higher-level position and may not be the individual who actually reviews the report within 24 hours. There is no operational change. 1045. Public Information Plan. This regulation describes the information that must be made available to both inmates and the public. Proposed revisions replace Board of Corrections with Corrections Standards Authority; there is no operational impact. Revisions also update reference to Title 15, Section 1066; the title of this regulation was revised. 1046. Death in Custody. This regulation outlines specific procedures in the event of a death in custody. Proposed revisions replace Board of Corrections with Corrections Standards Authority; there is no operational impact. 1055. Use of Safety Cell. This regulation describes the requirements for use of a safety Cell. Proposed revisions update the reference to Safety Cells in Title 24; the code sections were recently revised by the Building Standards Commission. 1056. Use of Sobering Cell. This regulation describes the requirements for use of a sobering cell. Proposed revisions update the reference to Sobering Cells in Title 24; the code sections were recently revised by the Building Standards Commission. 1059. DNA Collection, Use of Force. Current regulations require that a report be submitted to the CSA within 10 days whenever reasonable force is used to collect specimens, samples or prints to comply with Penal Code Section 298.1. The original intent of the reporting requirement was to provide a meal-is for the Corrections Standards Authority to collect data from the agencies to meet the requirements of PC 298.1 to report to the legislature by January 1, 2005. Proposed revisions delete section 1059(b)(2) as there are no future reporting requirements by the CSA to the legislature. Additional revisions update the numbering in the regulation for consistency. CSA 2008 Adult T 15 Notice of Proposed Rulemaking 4 7/18/2008 1063. Correspondence. This regulation delineates the requirements for inn-late correspondence. The recommended changes add provision for the facility manager to designate staff to determine when a valid security reason would require mail to be read. Changes also delete reference to inmates confidentially corresponding with certain public officials. This change does not change the intent of the regulation, since mail should not be read in any situation unless a valid security reason exists; however, the confidentiality of such correspondence cannot be guaranteed in the event that there is a valid security reason and also cannot be guaranteed once the correspondence leaves the facility. Revisions also replace Board of Corrections with Corrections Standards Authority; there is no operational impact. 1066. Books, Newspapers, Periodicals, and Writings. This regulation outlines what reading material is allowed in certain facilities and delineates some restrictions on such material. Revisions include adding "Writings" to the title and require facility administrators to include writings in the types of reading material that an inmate may receive. Revisions add a new section I which captures the intent of the original section 2, which excludes reading material if there is a legitimate penological interest. Language is added to the new section 2 (originally section 1) to include that material may be excluded if it contains information on unlawful activities. There is no operational impact; these changes clarify the intent of the regulation, and the options available to facility administrators. 1082. Forms of Discipline. This regulation describes the limitations that may be placed on disciplinary actions. Proposed revisions correct a grammatical error. 1101. Restrictions on Contact with Adult Prisoners. Current regulations restrict contact between detained minors and adults and specify situations in which they can be in the same room, area or corridor. Proposed revisions incorporate language that is consistent with the Juvenile Justice and Delinquency Prevention Act and clarify that contact must be brief or accidental and further require that side-by-side supervision must occur to assure that communication does not occur. The revisions also delete the option of routinely using inmate workers in areas where minors are present; this is in direct conflict with both federal and state statute. 1105. Recreation Programs. This regulation outlines the requirements for recreation for minors that may be housed in an adult facility. The changes delete the requirements for recreation for minors under 16 since statute prohibits minors under 16 to be housed in an adult jail. The language relative to minors who are 16 or older was deleted, since there is no need for specific reference to age once the minors who are under 16 were deleted from the regulation. There is no anticipated operational impact. 1144. Contact Between Minors and Adult Prisoners. Current regulations restrict contact between detained minors and adults and specify situations in which they can be in the same room, area or corridor. Proposed revisions incorporate language that is consistent with the CSA 2008 Adult T 15 Notice of Proposed Rulemaking 5 7/18/2008 Juvenile Justice and Delinquency Prevention Act and clarify that contact must be brief or accidental and further require that side-by-side supervision must occur to assure that communication does not occur. The revisions also delete the option of routinely using inmate workers in areas where minors are present; this is in direct conflict with both federal and state statute. 1151. Intoxicated and Substance Abusing Minors in a Lockup. Current language requires a medical clearance prior to reception at the facility for any minor who displays outward sips of intoxication or who is known or suspected to have ingested any substance that could result in a medical emergency. Proposed revisions would require facility administrators to have policies and procedures to ensure that a medical clearance is obtained for minors who are intoxicated, by any substance, to the extent that they are unable to care for themselves. Additionally, proposed revisions clarify that minors in secure detention must have documented safety checks no less than every 15 minutes pending release or a resolution of the intoxicated state and that minors in non-secure detention must remain under constant observation, as required by Section 1150. 1161. Conditions of Detention. This regulation specifies the conditions of detention for minors in Court Holding Facilities. The revisions replace Board of Corrections with Corrections Standards Authority; there is no operational impact. 1209. Mental Health Services and Transfer to Treatment Facility. This regulation requires the health authority, in cooperation with the facility administrator, to develop policies and procedures to provide mental health services. In addition, it references statutory language that states that a mentally disordered inmate who appears to be a danger to himself or others, or to be gravely disabled, shall be transferred for further evaluation to a designated Lanterman Petris Short treatment facility. If the county Board of Supervisors authorizes the administration of involuntary medication inside their local adult detention facility, it will require some changes in facility operations to ensure the safety and security of inmates being involuntarily treated. The proposed revisions outline the requirements that the health authority and facility manager must follow when implementing Penal Code Section 1369.1. The changes will only affect those counties who elect to implement the statute's requirements. 1217. Psychotropic Medications. This regulation outlines the requirements for the administration of psychotropic medications. If the county elects to provide on-site emergency psychotropic medications, proposed revisions will require both policy regarding a physician responding to the facility to conduct a clinical evaluation or conduct a clinical evaluation on the telephone and an agreement with a physician to provide this service. It is expected that most small, rural facilities without twenty-four hour nursing will not administer involuntary medications. The current practice in these locations is to transport the iiiinate to a community emergency department. CSA 2008 Adult T 15 Notice of Proposed Rulemaking 6 7/18/2008 1230. Food Handlers. This regulation requires the responsible physician to develop policy and procedures for inmate food service workers, including adherence to statute. The changes involve non-substantive code and section reference changes only; there is no operational impact. 1241. Minimum Diet. This regulation outlines the references that facility managers should use when developing the diet. Proposed revisions include updating reference to the most current Dietary Guidelines for Americans. Proposed revisions also update the amount of retinol equivalents in section (c) from 2000 to 200. 200 RE is the correct amount;however, it appeared as 2000 in the published version of Title 15. Additional revisions include deleting the specific examples for bread and cereal products; this section was erroneously omitted from the previous regulation revisions and remained in the 2005 regulations. There is no operational change. 1243. Food Service Plan. This regulation outlines the items to be included in a facility's food service plan. Changes include non-substantive code and section reference changes only. There is no operational change. 1245. Kitchen Facilities, Sanitation, and Food Storage. This regulation outlines specific requirements and statutory references for sanitation and food service in kitchen facilities. Proposed revisions update relevant code and section reference changes only; there is no operational impact. 1247. Disciplinary Isolation Diet. This regulation outlines the requirements to be followed if an inmate is placed on a disciplinary diet. Proposed revisions replace Board of Corrections with Corrections Standards Authority; there is no operational impact. 1262. Clothing Exchange. This regulation requires written policy and procedures for scheduled clothing exchange and cite reference to statute for certain clothing exchange. Proposed revisions update the title of the new California Retail Food Code; there is no operational change. 1272. Mattresses. This regulation describes the requirements for mattresses in a detention facility. The proposed language will clarify that mattresses meet applicable standards at the time of purchase, rather than citing a specific standard that may be out of date. There is no operational impact. DISCLOSURE REGARDING THE PROPOSED ACTION The CSA has made the following initial deten-ninations: Mandate on local agencies and school districts: None. Cost or savings to any state agency: None CSA 2008 Adult T 15 Notice of Proposed Rulernak-iing 7 7/18/2008 Cost to any local agency or school district which must be reimbursed in accordance with Government Code Sections 17500 through 17630: None Other nondiscretionary costs or savings imposed on local agencies: None Costs or savings in federal funding to the state: None. Significant, statewide adverse economic impact directly affecting business including the ability of California businesses to compete with businesses in other states: None. Cost impacts on a representative private person or businesses: The CSA is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. Adoption of these regulations will not: (1) create or eliminate jobs within California; (2) create new businesses or eliminate existing businesses within California; or (3) affect the expansion of businesses currently doing business within California Significant effect on housing costs: None. Small Business Determination: The CSA has determined that the proposed regulations will have no effect on small businesses. These proposed regulations affect the operations and programs for Local Adult Detention Facilities. CONSIDERATION OF ALTERNATIVES In accordance with Government Code Section 11346.5, subdivision (a)(13), the CSA must determine that no reasonable alternative it considered or that has otherwise been identified and brought to its attention would be more effective in carrying out the purpose for which the action is proposed or would be as effective and less burdensome to affected private persons than the proposed action, The CSA invites interested parties to present statements or arguments with respect to alternatives to the proposed regulations at the scheduled hearings or during the written comment period. CONTACT PERSONS Inquiries concerning the proposed administrative action maybe directed to: Allison E. Ganter, Field Representative (916) 445-5073 600 Bercut Drive allison.2antergedcr.ca.gov Sacramento, CA 95814 Ron Bertrand,Field Representative CSA 2008 Adult T 15 Notice of Proposed Rulemaking 8 7/18/2008 600 Bercut Drive (916) 445-5073 Sacramento, CA 95811 Ron.beitrandgeder.ca.go Questions on the substance of the proposed regulation may be directed to either Ms. Ganter or Mr. Bertrand. Please direct requests for copies of the proposed text of the regulation, the initial statement of reasons, the modified text of the regulation, if any, or other information upon which this rulemaking is based to Allison Ganter or Ron Bertrand at the above address. AVAILABLILITY OF STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATIONS The Rulemaking File, which includes all the infori-nation on which this proposal is based, is available for viewing at the CSA*s office at the above address. AVAILABILITY OF MODIFIED TEXT If the CSA makes modifications that are sufficiently related to the originally proposed text, it will make the modified text (with the changes clearly indicated) available to the public for at least 15 days before the CSA adopts the regulations as revised. AVAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons may be accessed through the CSA website at http://www.eder.ca.gov/Divisions_Boards/CSA/. Those persons who do not have access to the Internet may submit a written request to Allison Ganter or Ron Bertrand at the above address. AVAILABILITY OF DOCUMENTS; INTERNET ACCESS Copies of the Notice of Proposed Action, the Irlitial Statement of Reasons, and the text of the regulation in strikeout and underline can be accessed through our website at http://wvr,A,.cdcr.ca.gov/Divisions—Boards/CSA/. Those persons who do not have access to the Internet may submit a written request to Allison Ganter or Ron Bertrand at the above address. CSA 2008 Adult T 15 Notice of Proposed Rulemaking 9 7/18/2009 NOTICE OF PROPOSED CHANGES TO BUILDING STANDARDS OF THE CORRECTIONS STANDARDS AUTHORITY REGARDING THE MINIMUM STANDARDS FOR LOCAL DETENTION FACILITIES CALIFORNIA CODE OF REGULATIONS, TITLE 24, PART 1, SECTION 13-102 AND PART 11, CHAPTER 12, SECTION 1231 Minimum Standards for the Design and Construction of Local Detention Facilities Notice is hereby given that the Corrections Standards Authority(CSA)proposes to adopt,approve,codify,and publish changes to building standards contained in the California Code of Regulations(CCR),Title 24, Part I, Chapter 13,Section 13-102 and Part II,Chapter 12, Section 1231. The CSA is proposing building standards related to the design and construction of local detention facilities. PUBLIC COMMENT PERIOD The California Building Standards Commission on behalf of CSR will hold the following public hearings during which time any person may present statements or arguments relevant to the proposed regulatory action summarized below. Wednesday, September 3, 2008 Thursday, September 11, 2008 9:00 AM 9:00 AM Corrections Standards Authority San Diego Sheriff's Department Headquarters 660 Bercut Drive 9621 Ridgehaven Court Sacramento CA 95811 San Diego CA 92123 Written comments will be accepted by the California Building Standards Commission regarding the proposed changes from July 25, 2008 until 5:00 PM on September 8, 2008. Please address your comments to: Corrections Standards Authority 600 Bercut Drive Sacramento CA 95811 Attention: Allison Ganter, Field Representative Written Comments may also be faxed to (916) 327-3317 or E-mailed to Allison. anter(a-bcdcr.ca.aov POST-HEARING MODIFICATIONS TO THE TEXT OF THE REGULATIONS Following the public comment period,the CBSC may adopt the proposed building standards substantially as proposed in this notice or with modifications that are sufficiently related to the original proposed text and notice of proposed changes. If modifications are made,the full text of the proposed modifications,clearly indicated, will be made available to the public for at least 15 days prior to the date on which the CBSC adopts, amends, Notice of Proposed Action 1 OF 5 04/15/2008 Minimum Standards for the Design and Construction of Local Detention Facilities] 7118/2008 ` orrepeals the regu|ation(o). CSA will accept written comments onthe modified building standards during the 15-day period. NOTE:To be notified of any modifications,you must submit written/oral comments or request that you be notified of any modifications. AUTHORITY AND REFERENCE The Corrections Standards Authority proposes to adopt these building standards under the authority granted by Penal Code Section 0030. The purpose of these building standards istoimplement, interpret, and make specific the provisions ofPenal Code Sections 602Qand 6D3O. The CSA ioproposing this regulatory action based onPenal Code 6038. INFORMATIVE DIGEST Summary of Existing Laws Sections 6029 and 6030 of the California Penal Code authorize the CSA to establish building standards for local adult and juvenile detention facilities. Summary of Existing Regulations Existing building standards which prescribe requirements for building design and construction of |nma| detention facilities are promulgated bythe CSA. These regulations are contained inTitle 24. Part 1and Title 24 Part 2,Volume 1. Further,Appendix Chapter 3A(AC3A), Division 11,Title 24, California Building Code regulations have been adopted by the State Fire Marshal and they are frequently referred to as"the State Fire Marshal's Regulations."These regulations apply to both adult and juvenile detention facilities. Summary of Effect The proposed action would update Title 24Parts 1 and 2. adopting new and revised definitions toadd clarity to the regulations, deleting definitions that are no longer relevant, changing the name"Board"and "Board of Corrections"to Corrections Standards Authority"to reflect legislative change, delete outdated references to State Fire K8eroha| review of plans and specifications, update code citationo, add requirements for responsible sewage system design,correct grammatical errors,revise the requirements for audio monitoring to be required in all secure areas of a detention facility,and revise the requirements regarding weapons being brought into the secure area of a detention facility to be in line with statutory requirements. Comparable Federal Statute or Regulations There are no comparable federal regulations or statutes. Policy Statement Overview The broad objective of the proposed action is to maintain building regulations for local adult detention facilities in conformance with sound correctional practices and to ensure the safe and secure detention of incarcerated persons. Notice ofProposed Action 2OF5 04/15/2008 Minimum Standards for the Designand Construction of Local Detention Facilities] 7Y18/28O8 OTHER MATTERS PRESCRIBED BY STATUTE APPLICABLE TO THE AGENCY OR TO ANY SPECIFIC REGULATION OR CLASS OF REGULATIONS There are noother matters prescribed by statute applicable to the CSA or to any specific regulation or class of regulations. MANDATE ON LOCAL AGENCIES OR SCHOOL DISTRICTS The CSA has determined that the proposed regulatory action would not impose a mandate on local agencies orschool districts. ESTIMATE OF COST OR SAVINGS (An estimate, accordance with instructions adopted byDepartment mFinance,of cost msavings many state agency,local agency,o,school district. Provide acopy'xthe"Economic and Fiscal Impact Statement"(Form aoEV) ` A. Cost orSavings tnany state agency: NO B. Cost to any local agency required to be reimbursed under Part 7(commenoingwith Section 17500) of Division 4: NO C. Cost to any school district required to be reimbursed under Part 7(commencing with Section 17500)of Division 4: N<] D. Other nondiscrehnnarycost orsavings imposed onlocal agencies: NO E. Cost nrsavings |nfederal funding hothe state: ND Estimate: Not applicable. INITIAL DETERMINATION OF NO SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT ON BUSINESSES (if the agency makes an initial determination that the adoption/amendment/repeal of this regulation will not have a significant,statewide adverse economic impact directly affecting business,including the ability of California businesses to compete with businesses in other states,it shall make a declaration to that effect.) The Corrections Standards Authority has made an initial determination that the adoption/am end m ent/repeal) of this regulation will not have a significant statewide adverse economic impact on businesses, including the ability ofCalifornia businesses to compete with business in other states, DECLARATION OF EVIDENCE (The declaration the agency shall provide in the record of facts,evidence,documents,testimony,or other evidence that the agency relies upon tosupport its initial determination ofnoeffect.) The proposed regulatory action will not affect businesses because the scope of these regulations is specific to the operation of local detention facilities in California. FINDING OF NECESSITY FOR THE PUBLICS HEALTH, SAFETY, OR WELFARE (Any regulation that requires preport shall not apply mbusinesses,unless the agency makes ufinding that uinnecessary for the health, safety,nrwelfare ofthe public that the regulations apply mbusineoans.) The proposed action does not require areport byany business or agency, so the Corrections Standards Authority has not made a finding of necessity for the public health, safety or welfare. Notice nfProposed Action aOFs 04V15/2008 Minimum Standards for the Design and Construction ofLocal Detention Facilities] n1e/2oog COST IMPACT ON REPRESENTIVE PRIVATE PERSON OR BUSINESS all cost impacts that a representative private person mbusiness would necessarily incur in reasonable compliance with the proposed action. Knucost impact provide the following statement) The CSA is not aware of any cost impacts that a representative private person or business would necessarily incur inreasonable compliance with the proposed action. ASSESSMENT OF EFFECT OF REGULATIONS UPON JOBS AND BUSINESS EXPANSION, ELIMINATION OR CREATION The CSA has assessed whether or not and to what extent this proposal will affect the following: O The creation orelimination ofjobs within the State ofCalifornia. The CSA has determined that the proposed regulatory action will not eliminate jobs in the State of California. O The creation of new businesses or the elimination of existing businesses within the State of California. The CSA has determined that the proposed regulatory action will not create or eliminate existing businesses within the State of California. O The expansion of businesses currently doing business with the State of California. The CGA has determined that the proposed regulatory action will not expand businesses currently doing business in the State of California. INITIAL DETERMINATION OF SIGNIFICANT EFFECT ON HOUSING COSTS The Corrections Standards Authority has made an initial determination that this proposal would not have a significant effect on housing coda. CONSIDERATION OF ALTERNATIVES The CSA has determined that no reasonable alternative considered by the state agency orthat has otherwise been identified and brought to the attention of the agency would be more effective in carrying out the purpose for which the action isproposed orwould beuaeffective and less burdensome tnaffected private persons than the proposed action. AVAILABILITY OF RULEMAKING DOCUMENTS All of the information upon which the proposed regulations are based is contained in the rulemaking file,which is available for public review, by contacting the person named below. This notice,the express terms and initial statement of reasons can be accessed from the California Building Standards Commission website: Notice nfProposed Action 4OF5 04/15/2008 Minimum Standards for the Design and Construction nfLocal Detention Facilities] 7/1m20oe http://wwtw.bar.ca.gov/ The information may also be located at the Corrections Standards Authority Website: hMp://vwwv.odor.oa.yov/Divisimnu_BoardoKCS/V Interested parties may obtain a copy of the final statement of reasons once it has been prepared, by making a written request to the contact person named below or at the California Building Standards Commission website. CBSC CONTACT PERSON FOR PROCEDURAL AND ADMINISTRATIVE QUESTIONS General questions regarding procedural and administrative issues should be addressed to: JaneTay|or—SeniorArohitoot 2526NetomnamPark Drive, Suite 13Q Sacramento, C496B33 Telephone Nm.: (@1S)2G3-BS16 Facsimile No.: (91G)26D-O@S8 PROPOSING STATE AGENCY CONTACT PERSON FOR SUBSTANTIVE AND/OR TECHNICAL QUESTIONS ON THE PROPOSED CHANGES TO BUILDING STANDARDS Specific questions regarding the substantive and/or technical aspects ofthe proposed changes hothe building standards should beaddressed to: A||iuonGnnter. Field Representative Ron Bertrand, Field Representative Corrections Standards Authority Corrections Standards Authority 600BeroutDrive 80OBeroutDrive Sacramento CAQ5D11 Sacramento CAA5811 A||imon.ganter@udor.oa.gov Ron.bertrand@cdcr.oa.gov (01G)445'5873 (Q16)446-5O73 Notice ofProposed Action oOra 04/15m008 Minimum Standards for the Design and Construction ofLocal Detention Facilities] r/1m2nox