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Organization Title

Notice of Proposed Action – Title 24 Minimum Standards for Local Detention Facilities


4-7-2017

NOTICE OF PROPOSED ACTION
TO
BUILDING STANDARDS
OF THE
BOARD OF STATE AND COMMUNITY CORRECTIONS
REGARDING MINIMUM STANDARDS FOR THE DESIGN AND CONSTRUCTION OF LOCAL DETENTION FACILITIES
CALIFORNIA CODE OF REGULATIONS, TITLE 24, PART 1 AND 2

 

Notice is hereby given that the California Building Standards Commission (CBSC) on behalf of the Board of State and Community Corrections (BSCC) proposes to adopt, approve, codify, and publish changes to building standards contained in the California Code of Regulations (CCR), Title 24, Parts 1 and 2. The BSCC is proposing building standards related to minimum standards for the design and construction of local detention facilities.

PUBLIC COMMENT PERIOD
A public hearing has not been scheduled; however, written comments will be accepted from April 7, 2017 until 5:00 PM on May 22, 2017. Please address your comments to:

California Building Standards Commission
2525 Natomas Park Drive, Suite 130
Sacramento, CA 95833
Attention: Mia Marvelli, Executive Director

Written Comments may also be faxed to (916) 263-0959 or E-mailed to CBSC@dgs.ca.gov.

Any interested person or his or her duly authorized representative may request, no later than 15 days prior to the close of the written comment period that a public hearing be held.

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, or repeals the regulation(s). CBSC will accept written comments on the 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 California Building Standards Commission proposes to adopt these building standards under the authority granted by Penal Code Section 6030. The purpose of these building standards is to implement, interpret, and make specific the provisions of Penal Code Sections 6029 and 6030. BSCC is proposing this regulatory action based on Penal Code 6030.

INFORMATIVE DIGEST
An informative digest drafted in plain English in a format similar to the Legislative Counsel’s Digest shall include the following:

Summary of Existing Laws
Section 6030 of the California Penal Code authorize the BSCC to establish standards for local adult and juvenile detention facilities. The standards shall include but not be limited to the following: design and construction of local detention facilities, 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 BSCC 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 BSCC. These regulations are contained in Title 24 – Minimum Standards for the Design and Construction of Local Detention Facilities, Part 1, Section 13-102 and Part 2, Section 1231 of the California Code of Regulations (CCR).

Summary of Effect
The proposed action would update Title 24, Part 1, Section 13-102 CCR by revising requirements on spaces for persons with disabilities to include the need for spaces within local detention facilities to be accessible, and spaces outside local detention facilities to comply with applicable Title 24 regulations. Amendments to regulations on medical examination rooms, toilets/urinals, and showers are proposed to provide clarity on industry standard requirements for examination tables and modesty in toilet/urinal and shower areas. Proposed changes to Title 24 Part 2, Section 1231 will require that examination tables and adequate lighting be provided in examination rooms and that modesty be provided for toilet/urinal and shower areas.

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 update regulations for local adult detention facilities in conformance with sound correctional practices and to ensure the safe and secure detention of incarcerated persons.

Evaluation of consistency
The BSCC has determined that this proposed regulation is not inconsistent or incompatible with existing regulations.

OTHER MATTERS PRESCRIBED BY STATUTE APPLICABLE TO THE AGENCY OR TO ANY SPECIFIC REGULATION OR CLASS OF REGULATIONS
There are no other matters prescribed by statute applicable to the BSCC or to any specific regulation or class of regulations.

MANDATE ON LOCAL AGENCIES OR SCHOOL DISTRICTS
The BSCC has determined that the proposed regulatory action would not impose a mandate on local agencies or school districts.

ESTIMATE OF COST OR SAVINGS

  1. Cost or Savings to any state agency: NO
  2. Cost to any local agency required to be reimbursed under Part 7 (commencing with Section 17500) of Division 4: NO
  3. Cost to any school district required to be reimbursed under Part 7 (commencing with Section 17500) of Division 4: NO
  4. Other nondiscretionary cost or savings imposed on local agencies: NO
  5. Cost or savings in federal funding to the state: NO

Estimate: Not applicapable

INITIAL DETERMINATION OF NO SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT ON BUSINESSES

The BSCC has made an initial determination that the adoption/amendment/ repeal of this regulation will not have a significant statewide adverse economic impact on businesses, including the ability of California businesses to compete with business in other states.

DECLARATION OF EVIDENCE
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 PUBLIC'S HEALTH, SAFETY, OR WELFARE
The proposed action does not require a report by any business or agency, so the BSCC has not made a finding of necessity for the public health, safety or welfare.

COST IMPACT ON REPRESENTIVE PRIVATE PERSON OR BUSINESS
The BSCC is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action.

ASSESSMENT OF EFFECT OF REGULATIONS UPON JOBS AND BUSINESS EXPANSION, ELIMINATION OR CREATION
The BSCC has assessed whether or not and to what extent this proposal will affect the following:

  • The creation or elimination of jobs within the State of California

The BSCC has determined that the proposed regulatory action will not eliminate jobs in the State of California.

  • The creation of new businesses or the elimination of existing businesses within the State of California.

The BSCC has determined that the proposed regulatory action will not create or eliminate existing businesses with the State of California.

  • The expansion of businesses currently doing business with the State of California.

The BSCC has determined that the proposed regulatory action will not expand businesses currently doing business in the State of California.

  • The benefits of the regulation to the health and welfare of California residents, worker safety, and the state’s environment.

The BSCC has determined that there may be a positive impact on the health and welfare of California residents and worker’s safety. The welfare of incarcerated persons and worker safety will be affected positively by the implementation of more in-depth requirements for spaces accessible to disabled persons, provision of examination tables and adequate lighting in medical examination rooms, and modesty in toilet/urinal and shower areas.

The BSCC has determined that the state’s environment will not be affected by the adoption of these regulations because the regulation is the subject of minimum standards for local detention facilities which do not address any factors which would cause a positive or negative effect on the environment.

ESTIMATED COST OF COMPLIANCE OF STANDARDS THAT WOULD IMPACT HOUSING
The proposed regulatory action will not impact housing because the scope of these regulations is specific to the operation of local detention facilities in California.

CONSIDERATION OF ALTERNATIVES
The BSCC must determine that no reasonable alternative considered by the state agency or that 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 is proposed or would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost-effective to affected private persons and equally effective in implementing the statutory policy or other provisions of law.

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:

http://www.bsc.ca.gov

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.

Government Code Section 11346.5(a)(21) states that the BSCC shall provide, upon request, a description of proposed changes included in the proposed action, in the manner provided by Section 11346.6, to accommodate a person with a visual or other disability for which effective communication is required under state or federal law and that providing the description of proposed changes may require extending the period of public comment for the proposed action.

CBSC CONTACT PERSON FOR PROCEDURAL AND ADMINISTRATIVE QUESTIONS
General questions regarding procedural and administrative issues should be addressed to:

Michael L. Nearman
2525 Natomas Park Drive, Suite 130
Sacramento, CA 95833
Telephone No.: (916) 263-0916
Facsimile No.: (916) 263-0959

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 of the proposed changes to the building standards should be addressed to:

Ginger Wolfe, Associate Governmental Program Analyst
Board of State and Community Corrections
2590 Venture Oaks Way, Suite 200
Sacramento, CA 95833

ginger.wolfe@bscc.ca.gov
Telephone No.: (916) 323-8621
Facsimile No.: (916) 322-2461

(or)

Allison Ganter, Deputy Director
Board of State and Community Corrections
2590 Venture Oaks Way, Suite 200
Sacramento, CA 95833

allison.ganter@bscc.ca.gov
Telephone No.: (916) 323-8617