Penal Code, 1872

Officers who handle public money must keep and pay it over as required by law, or they commit a felony.

This section defines “public moneys” for sections 424 and 425 to include specified bonds, debts, and money held or received in an official capacity by public officers.

A person who willfully obstructs or hinders a public officer from collecting revenue, taxes, or other money the officer is legally empowered to collect commits a misdemeanor.

Telecommunications providers in this state must not intentionally fail to collect or remit certain specified fees and surcharges when required to do so.

The board of supervisors may establish a county advisory committee on adult detention in each county.

The committee must have 6, 9, or 12 members, with one-third appointed by the board of supervisors, one-third by the sheriff, and one-third by the presiding judge of the superior court; one of the judge’s appointees must be a State Bar member.

Committee members serve four-year terms, with staggered terms for the first appointees and replacement appointments tied to vacancies.

Committee members serve without compensation, but their reasonable expenses may be approved and paid by the county under a written order from the presiding judge.

The committee must file a report within 90 days after December 31 of the reporting year and file copies with specified officials.

The committee must inspect city and county adult detention facilities every year and file a report with recommendations.

Every person must not use, give, or alter certain tax or license receipts in the ways described here; doing so is a misdemeanor.

A person who possesses blank licenses or poll tax receipts, intending to circulate or sell them, when they were not furnished by the Controller of State or County Auditor, commits a felony.

Certain county boards of supervisors may authorize the sheriff or county director of corrections to create a Jail Industry Authority.

When the Jail Industry Program or Jail Industry Authority is established, the board of supervisors must establish a Jail Industries Fund.

Money in a Jail Industries Fund may be used only for specified jail industry or detention facility purposes, and it cannot be moved to the county general fund.

This chapter applies to prisoners in certain jails, farms, or camps if they are serving a sentence of 30 days or more.

Prisoners covered by this chapter may voluntarily donate blood to a licensed blood bank, but only after a medical examination and only if the physician finds them suitable.

A person who acts as an auctioneer in violation of state auction laws commits a misdemeanor.

A person in this state may not procure or agree to procure insurance for a resident from an insurance company not incorporated under state law unless the company or its agent has filed the required bond; doing so is a misdemeanor.

Revenue officers must let the Controller or Attorney General inspect specified office records when demanded, or they commit a misdemeanor.

The State General Obligation Bond Law applies to bonds issued under this title, but each series must mature within 20 years of its date.

This section defines key terms used in the title.

The State Treasury must have a fund called the 1986 County Correctional Facility Capital Expenditure Fund, and the fund is created here.

This section creates the 1986 County Correctional Facility Capital Expenditure Finance Committee for bond issuance and sale purposes, sets its members, makes the Treasurer its chair, and designates the Board of Corrections as “the board” for this title and the State General Obligation Bond Law.

The committee may create state debt or liabilities up to $495 million under the title’s rules.

Fund money may be used for county jail projects, with up to $20 million reserved for county juvenile facilities, and expenditures require 25% county matching funds unless the Legislature waives or modifies that requirement.

During planning for certain county jail facilities funded by the bond fund, the design should allow safe accommodation of misdemeanor arrestees seeking bail without unclothed body searches.

A county must take specific steps to qualify for General Obligation Bond funds under this title.

Money in the fund may be used to construct joint-use correctional facilities that house county, state, federal, or mixed groups of prisoners, in proportion to the county’s benefit.

Bond sale proceeds and related state revenues must be used to pay bond principal and interest, and revenue officers must take the steps needed to collect the extra amount required each year.

Money deposited in the fund from repayment provisions may be transferred to the General Fund and then used to reimburse the General Fund for bond principal and interest previously paid from it.

Money is appropriated from the General Fund to pay bond principal and interest and to carry out Section 4489.

The Director of Finance may authorize withdrawals from the General Fund for this title, up to the amount of unsold bonds approved for sale, and the board must deposit, disburse, and repay the money with interest.

If certain bond tax conditions are met, the Treasurer may keep separate accounts for bond proceeds and earnings, and may use those funds for federal rebate, penalty, or other required payments or similar actions to preserve tax-exempt status.

The committee may authorize the Treasurer to sell all or part of the authorized bonds, and the Treasurer fixes the timing of the sale.

Bond sale proceeds must be used for the Section 4485 purpose and cannot be transferred to the General Fund to pay bond principal and interest.

Interest or other investment earnings from money deposited in the fund must be credited back to the fund.

Money in the fund may be spent only for projects listed in this title and only as appropriated by the Legislature.

The section says jail construction under this bond act should move quickly, board decisions on those projects are final, and courts generally may not intervene except in a narrow gross-abuse-of-discretion situation.

If part of this title is invalid, the rest of the title still applies if it can work without the invalid part.

This title may be cited as the County Correctional Facility Capital Expenditure and Youth Facility Bond Act of 1988.

The Legislature states that county jails and juvenile facilities remain overcrowded and deteriorated, and that new facilities and capital improvements are needed to protect safety and relieve overcrowding.

This section defines several terms used in the title, including “Committee,” “Fund,” “County correctional facilities,” “County juvenile facilities,” “Youth center,” and “Youth shelter.”

Bond proceeds issued and sold under this chapter must be deposited into the 1988 County Correctional Facility Capital Expenditure and Youth Facility Bond Fund.

The fund money may be used for county correctional and juvenile facility projects, youth center/shelter awards, and related deferred maintenance, subject to dollar caps and conditions.

A county must meet listed conditions to be eligible for certain bond-funded program funds.

The Department of the Youth Authority must administer funds appropriated for juvenile facilities under the terms referenced in Section 4496.12(a)(2).

Money in the fund may be spent only for projects specified in this chapter and only as provided in legislative appropriations.

Bonds up to $500 million, excluding refunding bonds, may be issued and sold for the title’s purposes and to reimburse a state revolving fund.

The bonds authorized by this title must be handled under the State General Obligation Bond Law, and that law is incorporated into this chapter.

This section creates a finance committee for bond issuance purposes and lets a majority of the committee act for it.

The committee decides whether bonds should be issued under this chapter and how many to issue and sell, if needed.

Each year, an additional sum must be collected to pay bond principal and interest, and revenue-collection officers must do whatever is necessary to collect it.

This section appropriates money from the General Fund in the State Treasury to pay bond principal and interest and to carry out Section 4496.42.

The Director of Finance may authorize withdrawals from the General Fund, up to the amount of unsold bonds approved for sale to carry out this title.

The Treasurer may keep separate accounts for bond proceeds and earnings, and may use them for federal-law payments or other actions needed to preserve the bonds’ tax-exempt status.

Money in the fund from bond premium and accrued interest must be kept in the fund and may be transferred to the General Fund as credit for bond interest expenditures.

The bonds may be refunded under the referenced Government Code article.

The board may ask the Pooled Money Investment Board for a loan, but the request cannot exceed the amount of unsold bonds authorized for sale, and the board must sign whatever documents are required to get and repay the loan.

This section says bond-sale proceeds authorized by this title are not treated as tax proceeds, so their disbursement is not subject to the Article XIII B limits.

State funds under this title may be used for certain jail, medical, juvenile, and detoxification facility projects, but not for facilities counties cannot afford to operate fully and safely.

Defines “Board” and “Fund,” and says the Board of Corrections is not treated as a responsible agency or otherwise subject to CEQA for certain bond-act activities.

This section directs how money appropriated for county jail projects must be allocated, allows some counties to pool smaller allocations for a jail project, and keeps the 25% local match requirement in place.

Two county correctional facility funds may be used together for the same project if the project matches stated purposes and restrictions.

The board must administer allocated funds for adult jail facilities and apply its regulations when approving or disapproving county jail projects.

State money cannot be committed or paid to a county for local jail construction or renovation until the county has fulfilled the chapter’s conditions.

A county seeking funding consideration must meet multiple jail-planning and documentation requirements, including separate housing for juveniles, intoxicated detainees, and people with mental health disorders, plus project proposals and supporting plans.

Counties must provide a county match of at least 25% of total project costs for projects funded under this chapter.

The board may not approve jail-construction spending until a county master site plan is adopted, and counties receiving jail-construction funds must provide required information.

If the board finds a county has not complied after a hearing, it may require the county to repay part of the state bond principal and interest tied to that county.

The Department of the Youth Authority must administer juvenile-facility bond moneys under this chapter, and counties seeking overcrowding funds must submit staffing and operating-cost information for review.

Funds given to the Department of the Youth Authority for this chapter must be allocated according to this chapter.

This section sets aside $2,357,778 for counties that had no juvenile facilities on January 1, 1987, and allocates listed amounts to named counties for constructing county juvenile facilities.

Funds are to be set aside for counties lacking adequate youth facilities, counties may apply jointly to build regional facilities, and awards for each regional facility are capped at $3.3 million.

$48,967,222 is to be set aside initially for counties for juvenile-facility needs.

The section sets aside specified bond funds for juvenile-facility-related costs, a statewide county needs assessment, and limited assistance for county project planning and development.

Unused funds must be reallocated by the Department of the Youth Authority to certain counties, and allocations cannot exceed 75% of total eligible costs.

Counties with overcrowded juvenile facilities cannot get funding for juvenile facility projects unless they adopt an approved corrective plan. Counties must also meet contract and construction deadlines to keep funding, and the department can reallocate unused awards.

Applications for funds must follow the manner and form set by the Department of the Youth Authority.

County matching funds must be at least 25% for awards, with a possible deferral process for certain juvenile detention facility projects.

Counties and city and counties seeking certain bond funds must use specified correctional-industry products in facility plans, consult with the relevant staff, and obtain plan review and approval before a contract is entered.

A county or city and county may buy specified products from the California Correctional Training and Rehabilitation Authority or a local Jail Industry Authority without bidding or complying with the Public Contract Code.

The California Correctional Training and Rehabilitation Authority must appoint a County Jail and Juvenile Facility Liaison.

The Legislature states its intent to maximize use of California Correctional Training and Rehabilitation Authority products for jail projects and related furnishings.

This section defines terms used in the arson chapter, including “structure,” “forest land,” “property,” “inhabited,” “maliciously,” and “recklessly.”

A person serving a life sentence and sentenced to state prison who, with malice aforethought, assaults another with a deadly weapon or force likely to cause great bodily injury is subject to severe punishment.

A prisoner who assaults another person with a deadly weapon or with force likely to cause great bodily injury commits a felony and must be imprisoned for 2, 4, or 6 years consecutively, except as provided in Section 4500.

People confined in state prison who commit battery by gassing on a peace officer or prison employee commit aggravated battery and face imprisonment. Prison officials must investigate and refer suspected cases, and medical staff may order testing in some cases.

A person confined in a state prison must not commit battery on someone who is not also confined there.

People in or under custody of a penal institution must not possess, carry, manufacture, or try to manufacture specified weapons or similar dangerous items.

A person confined in a prison or similar facility who takes hostages or uses force or threats to hold people against their will commits a felony and can be sent to state prison for 3, 5, or 7 years, served consecutively.

This section defines when a person counts as confined in a state prison or prison for this chapter.

This section makes arson a crime and sets prison terms that vary by the harm caused.

A person convicted of a felony violation of Section 451 gets a 3-, 4-, or 5-year enhancement if specified aggravating facts are found true.

A person commits unlawful causing of a fire by recklessly setting fire to, burning, or causing to be burned a structure, forest land, or property.

A person convicted of a felony violation of Section 452 can receive a one-, two-, or three-year sentencing enhancement for each listed circumstance that is proven true.

A person who possesses, manufactures, or disposes of flammable or combustible material, or an incendiary device, with intent to use it to set fire to or burn property commits an offense and may be imprisoned for up to one year in county jail or under Section 1170(h).

Prisoners who escape or try to escape from custody are punishable by state prison imprisonment, with different terms depending on whether force or violence was used.

Prisoners who escape, attempt to escape, or willfully fail to return to confinement commit offenses, with penalties that vary by custody status, force or violence, and subdivision.

Certain prison officials and guards who help a prisoner escape can be punished with imprisonment and a fine.

A person who willfully helps certain prisoners or custody detainees escape, or try to escape, is punishable under Section 4533.

It is a felony for any person to bring or send into a prison or jail items that can help a prisoner escape, if done with the intent to help the escape.

A person committed as a mentally disordered sex offender who escapes from a state or private mental health facility, or while being transported to or from it, can be imprisoned. The facility’s medical director or person in charge must notify police or the sheriff, request help to apprehend the person, and notify the court, prosecutor, and Department of Justice within 48 hours.

A hospital or mental health facility director must promptly report a committed person’s escape to specified law enforcement and corrections officials, request help apprehending the person, and orally notify the court, prosecutor, and Department of Justice within 48 hours.

People in charge of secure detention facilities must promptly report escapes and, in some cases, share escapee information with law enforcement and the media.

People who violate Sections 451 or 452 in a proclaimed state of insurrection or state of emergency face state-prison imprisonment, and probation is generally barred.

A person who willfully and maliciously tries to set fire to, burn, or help burn a structure, forest land, or property commits an offense and may be imprisoned.

A person who rescues, tries to rescue, or helps rescue a prisoner from custody is punishable by imprisonment.

The court may impose fines for violations of this chapter, including up to $50,000 for a felony violation, or twice the anticipated or actual gross gain if the violation was for pecuniary gain.