"u.s.a"california penal code

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CALIFORNIA COMMUNITY CRIME RESISTANCE PROGRAM


13840. The Legislature hereby finds the resistance to crime and
juvenile delinquency requires the cooperation of both community and
law enforcement officials; and that successful crime resistance
programs involving the participation of citizen volunteers and
community leaders shall be identified and given recognition. In
enacting this chapter, the Legislature intends to recognize
successful crime resistance and prevention programs, disseminate
successful techniques and information and to encourage local agencies
to involve citizen volunteers in efforts to combat crime and related
problems.



13841. As used in this chapter:
(a) "Community" means city or county governments or portions or
combinations thereof.
(b) "Elderly or senior citizen" means individuals 55 years of age
or older.
(c) "Teenagers and young adults" means individuals between the
ages of 15 and 24 years of age.
(d) "Community policing" means the coalescing of community
organizations, residents, law enforcement, public social services,
education, churches, and local governmental entities to unitedly
combat illegal drug activity within a designated neighborhood, and
create employment opportunity for neighborhood residents. In no case
shall "community policing" include expenditures for the purchase of
law enforcement equipment which would have been purchased from
existing resources in the normal course of business.



13843. (a) Allocation and award of funds made available under this
chapter shall be made upon application to the agency or agencies
designated by the Director of Finance pursuant to Section 13820. All
applications shall be reviewed and evaluated by the agency or
agencies designated by the Director of Finance pursuant to Section
13820.
(b) The Executive Director of the agency or agencies designated by
the Director of Finance pursuant to Section 13820 may allocate and
award funds to communities developing and providing ongoing citizen
involvement and crime resistance programs in compliance with the
established policies and criteria of the agency or agencies
designated by the Director of Finance pursuant to Section 13820.
Applications receiving funding under this section shall be selected
from among those deemed appropriate for funding according to the
criteria, policy, and procedures established by the agency or
agencies designated by the Director of Finance pursuant to Section
13820.
(c) With the exception of funds awarded for programs authorized
under paragraph (2) of subdivision (b) of Section 13844, no single
award of funds under this chapter shall exceed a maximum of two
hundred fifty thousand dollars ($250,000) for a 12-month grant
period.
(d) Funds disbursed under this chapter shall not supplant local
funds that would, in the absence of the California Community Crime
Resistance Program, be made available to support crime resistance
programs.
(e) Funds disbursed under this chapter shall be supplemented with
local funds constituting, at a minimum, 10 percent of the total crime
resistance program budget during the initial year and 20 percent in
subsequent periods of funding.
(f) Annually, up to a maximum of 10 percent of the total funds
appropriated to the Community Crime Resistance Program may be used by
the agency or agencies designated by the Director of Finance
pursuant to Section 13820 to support statewide technical assistance,
training, and public awareness activities relating to crime
prevention.
(g) Funds awarded under this program as local assistance grants
shall not be subject to review as specified in Section 14780 of the
Government Code.
(h) Guidelines shall set forth the terms and conditions upon which
the agency or agencies designated by the Director of Finance
pursuant to Section 13820 is prepared to offer grants of funds
pursuant to statutory authority. The guidelines do not constitute
rules, regulations, orders or standards of general application.



13844. (a) Use of funds granted under the California Community
Crime Resistance Program are restricted to the following activities:

(1) Further the goal of a statewide crime prevention network by
supporting the initiation or expansion of local crime prevention
efforts.
(2) Provide information and encourage the use of new and
innovative refinements to the traditional crime prevention model in
localities that currently maintain a well-established crime
prevention program.
(3) Support the development of a coordinated service network,
including information exchange and case referral between such
programs as local victim-witness assistance programs, ***ual assault
programs, gang violence reduction programs, drug suppression
programs, elderly care custodians, state and local elderly service
programs, or any other established and recognizable local programs
devoted to the lessening of crime and the promotion of the community'
s well-being.
(b) With respect to the initiation or expansion of local crime
prevention efforts, projects supported under the California Community
Crime Resistance Program shall do either of the following:
(1) Carry out as many of the following activities as deemed, in
the judgment of the agency or agencies designated by the Director of
Finance pursuant to Section 13820, to be consistent with available
resources:
(A) Crime prevention programs using tailored outreach techniques
in order to provide effective and consistent services for the elderly
in the following areas:
(i) Crime prevention information to elderly citizens regarding
personal safety, fraud, theft, grand theft, burglary, and elderly
abuse.
(ii) Services designed to respond to the specific and diverse
crime prevention needs of elderly residential communities.
(iii) Specific services coordinated to assist in the installation
of security devices or provision of escort services and victim
assistance.
(B) Programs to provide training, information, and prevention
literature to peace officers, elderly care custodians, health
practitioners, and social service providers regarding physical abuse
and neglect within residential health care facilities for the
elderly.
(C) Programs to promote neighborhood involvement such as, but not
limited to, block clubs and other community or resident-sponsored
anticrime programs.
(D) Personal safety programs.
(E) Domestic violence prevention programs.
(F) Crime prevention programs specifically geared to youth in
schools and school district personnel.
(G) Programs which make available to residents and businesses
information on locking devices, building security and related crime
resistance approaches.
(H) In cooperation with the Commission on Peace Officer Standards
and Training, support for the training of peace officers in crime
prevention and its effects on the relationship between citizens and
law enforcement.
(I) Efforts to address the crime prevention needs of communities
with high proportions of teenagers and young adults, low-income
families, and non-English-speaking residents, including juvenile
delinquency diversion, social service referrals, and making available
crime resistance literature in appropriate languages other than
English.
(2) Implement a community policing program in targeted
neighborhoods that are drug infested. The goal of this program shall
be to empower the people against illegal drug activity. A program
funded pursuant to this chapter shall be able to target one or more
neighborhoods within the grant period. In order to be eligible for
funding, the program shall have the commitment of the community,
local law enforcement, school districts, and community service
groups; and shall be supported by either the city council or the
board of supervisors, whichever is applicable.
(c) With respect to the support of new and innovative techniques,
communities taking part in the California Crime Resistance Program
shall carry out those activities as determined by the agency or
agencies designated by the Director of Finance pursuant to Section
13820, that conform to local needs and are consistent with available
expertise and resources. These techniques may include, but are not
limited to, community policing programs or activities involving the
following:
(1) Programs to reinforce the security of "latchkey" children,
including neighborhood monitoring, special contact telephone numbers,
emergency procedure training for the children, daily telephone
checks for the children's well-being, and assistance in developing
safe alternatives to unsupervised conditions for children.
(2) Programs dedicated to educating parents in procedures designed
to do all of the following:
(A) Minimize or prevent the abduction of children.
(B) Assist children in understanding the risk of child abduction.

(C) Maximize the recovery of abducted children.
(3) Programs devoted to developing automated systems for
monitoring and tracking crimes within organized neighborhoods.
(4) Programs devoted to developing timely "feedback mechanisms"
whose goals would be to alert residents to new crime problems and to
reinforce household participation in neighborhood security
organizations.
(5) Programs devoted to creating and packaging special crime
prevention approaches tailored to the special needs and
characteristics of California's cultural and ethnic minorities.
(6) Research into the effectiveness of local crime prevention
efforts including the relationships between crime prevention
activities, participants' economic and demographic characteristics,
project costs, local or regional crime rate, and law enforcement
planning and staff deployment.
(7) Programs devoted to crime and delinquency prevention through
the establishment of partnership initiatives utilizing elderly and
juvenile volunteers.
(d) All approved programs shall utilize volunteers to assist in
implementing and conducting community crime resistance programs.
Programs providing elderly crime prevention programs shall recruit
senior citizens to assist in providing services.
(e) Programs funded pursuant to this chapter shall demonstrate a
commitment to support citizen involvement with local funds after the
program has been developed and implemented with state moneys.



13845. Selection of communities to receive funding shall include
consideration of, but need not be limited to, the following:
(1) Compliance with subdivisions (a), (b), and (c) of Section
13844.
(2) The rate of reported crime, by type, including, but not
limited to, the seven major offenses, in the community making the
application.
(3) The number of elderly citizens residing in the community
compared to the degree of service to be offered by the program for
the elderly population.
(4) The number and ratio of elderly crime victims compared to the
total senior citizen population in that community.
(5) The number of teenagers and young adults residing in the
community.
(6) The number and ratio of crimes committed by teenagers and
young adults.
(7) The proportion of families with an income below the federally
established poverty level in the community.
(8) The proportion of non-English-speaking citizens in the
community.
(9) The display of efforts of cooperation between the community
and their local law enforcement agency in dealing with the crime
problem.
(10) Demonstrated effort on the part of the applicant to show how
funds that may be awarded under this program may be coordinated or
consolidated with other local, state or federal funds available for
the activities set forth in Section 13844.
(11) Applicant must be a city or county government, or portion or
combinations thereof.



13845.5. Notwithstanding Section 13845, the selection of
communities to receive funding pursuant to paragraph (2) of
subdivision (b) of Section 13844 shall include consideration of, but
is not limited to, the following:
(a) The rate of reported drug crime within the community making
the application.
(b) The degree to which the program proposes to empower the people
within the targeted neighborhoods to combat drug crime.
(c) The display of efforts of cooperation between the community
and its local law enforcement agency in dealing with the drug crime
problem.
(d) The commitment of the targeted neighborhoods to fight the drug
problem.
(e) The commitment of local governmental entities to join with law
enforcement and the citizens to fight the drug problem. At a
minimum, this commitment shall be demonstrated by the school
districts, parks and recreation departments, public social services,
and code enforcement agencies.
(f) The approval of the program by either the city council or the
county board of supervisors.
(g) Demonstrated effort on the part of the applicant to show how
funds that may be awarded under this program may be coordinated or
consolidated with other local, state, or federal funds available for
the activities set forth in Section 13844.
(h) Applicant shall be a city or county law enforcement agency, or
portion, or combination thereof.



13846. (a) Evaluation and monitoring of all grants made under this
section shall be the responsibility of the agency or agencies
designated by the Director of Finance pursuant to Section 13820. The
agency or agencies designated by the Director of Finance pursuant to
Section 13820 shall issue standard reporting forms for reporting the
level of activities and number of crimes reported in participating
communities. The information shall be used in the biannual report to
the Legislature required in subdivision (i) of Section 13843. The
biannual report shall include, but not be limited to:
(1) The level of volunteer participation.
(2) The level of home and business security inspections.
(3) The number of programs directed at senior citizens and
teenagers.
(4) The report due November 1, 1992, as set forth in subdivision
(i) of Section 13843, shall also include the plan for implementation
of the program expansion authorized pursuant to this chapter and
shall include the results of a survey conducted by the agency or
agencies designated by the Director of Finance pursuant to Section
13820 to determine the types of community policing programs that
already exist to combat illegal drug activity in targeted
neighborhoods.
(b) Information on successful programs shall be made available and
relayed to other California communities through the technical
assistance procedures of the agency or agencies designated by the
Director of Finance pursuant to Section 13820.

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RURAL INDIAN CRIME PREVENTION PROGRAM
13847. (a) There is hereby established in the agency or agencies
designated by the Director of Finance pursuant to Section 13820 a
program of financial and technical assistance for local law
enforcement, called the Rural Indian Crime Prevention Program. The
program shall target the relationship between law enforcement and
Native American communities to encourage and to strengthen
cooperative efforts and to implement crime suppression and prevention
programs.
(b) The Executive Director of the agency or agencies designated by
the Director of Finance pursuant to Section 13820 may allocate and
award funds to those local units of government, or combinations
thereof, in which a special program is established in law enforcement
agencies that meets the criteria set forth in Sections 13847.1 and
13847.2.
(c) The allocation and award of funds shall be made upon
application executed by the chief law enforcement officer of the
applicant unit of government and approved by the legislative body.
Funds disbursed under this chapter shall not supplant local funds
that would, in the absence of the Rural Indian Crime Prevention
Program, be made available to support the suppression and prevention
of crime on reservations and rancherias.
(d) The executive director shall prepare and issue administrative
guidelines and procedures for the Rural Indian Crime Prevention
Program consistent with this chapter.
(e) The guidelines shall set forth the terms and conditions upon
which the agency or agencies designated by the Director of Finance
pursuant to Section 13820 is prepared to offer grants of funds
pursuant to statutory authority. The guidelines do not constitute
rules, regulations, orders, or standards of general application.
(f) Every three years, commencing on and after January 1, 1991,
the executive director shall prepare a report to the Legislature
describing in detail the operation of the program and the results
obtained from law enforcement rural Indian crime prevention programs
receiving funds under this chapter.



13847.1. Law enforcement agencies receiving funds under this
chapter shall meet the following criteria:
(a) Training of law enforcement personnel to be culturally
sensitive in the delivery of services to the Native American
communities. This training shall include, but shall not be limited
to, all of the following:
(1) The creation of an Indian community officer position.
(2) The recruiting and training of Native American volunteers to
assist in implementing and conducting reservation or rancheria crime
prevention programs.
(b) Increasing community crime awareness by establishing community
involvement programs, such as community or neighborhood watch
programs, tailored for reservations and rancherias.
(c) Establishing drug traffic intervention programs on
reservations through the increased use of law enforcement and special
assignment officers.
(d) Developing a delinquency prevention or diversion program for
Indian teenagers and young adults.



13847.2. (a) The Rural Indian and Law Enforcement Local Advisory
Committee shall be composed of a chief executive of a law enforcement
agency, two tribal council members, two tribal elders, one Indian
law enforcement officer, one Indian community officer, one
representative of the Bureau of Indian Affairs, and any additional
members that may prove to be crucial to the committee. All members
of the advisory committee shall be designated by the executive
director of the agency or agencies designated by the Director of
Finance pursuant to Section 13820, who shall provide staff services
to the advisory committee.
(b) The executive director of the agency or agencies designated by
the Director of Finance pursuant to Section 13820, in consultation
with the advisory committee, shall develop specific guidelines, and
administrative procedures, for the selection of projects to be funded
by the Rural Indian Crime Prevention Program which guidelines shall
include the selection criteria described in this chapter.
(c) Administration of the overall program and the evaluation and
monitoring of all grants made under this chapter shall be performed
by the agency or agencies designated by the Director of Finance
pursuant to Section 13820, provided that funds expended for these
functions shall not exceed 5 percent of the total annual amount made
available for the purpose of this chapter.
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HIGH TECHNOLOGY THEFT APPREHENSION AND
PROSECUTION PROGRAM


13848. (a) It is the intent of the Legislature in enacting this
chapter to provide local law enforcement and district attorneys with
the tools necessary to successfully interdict the promulgation of
high technology crime. According to the federal Law Enforcement
Training Center, it is expected that states will see a tremendous
growth in high technology crimes over the next few years as computers
become more available and computer users more skilled in utilizing
technology to commit these faceless crimes. High technology crimes
are those crimes in which technology is used as an instrument in
committing, or assisting in the commission of, a crime, or which is
the target of a criminal act.
(b) Funds provided under this program are intended to ensure that
law enforcement is equipped with the necessary personnel and
equipment to successfully combat high technology crime which
includes, but is not limited to, the following offenses:
(1) White-collar crime, such as check, automated teller machine,
and credit card fraud, committed by means of electronic or
computer-related media.
(2) Unlawful access, destruction of or unauthorized entry into and
use of private, corporate, or government computers and networks,
including wireless and wireline communications networks and law
enforcement dispatch systems, and the theft, interception,
manipulation, destruction, or unauthorized disclosure of data stored
within those computers and networks.
(3) Money laundering accomplished with the aid of computer
networks or electronic banking transfers.
(4) Theft and resale of telephone calling codes, theft of
telecommunications service, theft of wireless communication service,
and theft of cable television services by manipulation of the
equipment used to receive those services.
(5) Software piracy and other unlawful duplication of information.

(6) Theft and resale of computer components and other high
technology products produced by the high technology industry.
(7) Remarking and counterfeiting of computer hardware and
software.
(8) Theft of trade secrets.
(c) This program is also intended to provide support to law
enforcement agencies by providing technical assistance to those
agencies with respect to the seizure and analysis of computer systems
used to commit high technology crimes or store evidence relating to
those crimes.


13848.2. (a) There is hereby established in the agency or agencies
designated by the Director of Finance pursuant to Section 13820 a
program of financial and technical assistance for law enforcement and
district attorneys' offices, designated the High Technology Theft
Apprehension and Prosecution Program. All funds appropriated to the
agency or agencies designated by the Director of Finance pursuant to
Section 13820 for the purposes of this chapter shall be administered
and disbursed by the executive director of the office in consultation
with the High Technology Crime Advisory Committee as established in
Section 13848.6 and shall to the extent feasible be coordinated with
federal funds and private grants or private donations that are made
available for these purposes.
(b) The Executive Director of the agency or agencies designated by
the Director of Finance pursuant to Section 13820 is authorized to
allocate and award funds to regional high technology crime programs
which are established in compliance with Section 13848.4.
(c) The allocation and award of funds under this chapter shall be
made on application executed by the district attorney, county
sheriff, or chief of police and approved by the board of supervisors
for each county that is a participant of a high technology theft
apprehension and prosecution unit.
(d) In identifying program areas that will be eligible for
competitive application during the 1998-99 fiscal year for federal
funding pursuant to the Edward Byrne Memorial State and Local Law
Enforcement Assistance Programs (Subchapter V (commencing with
Section 3750) of Chapter 46 of the United States Code), the agency or
agencies designated by the Director of Finance pursuant to Section
13820 shall include, to the extent possible, an emphasis on high
technology crime by selecting funding areas that would further the
use of federal funds to address high technology crime and facilitate
the establishment of high technology multijurisdictional task forces.

(e) The agency or agencies designated by the Director of Finance
pursuant to Section 13820 shall allocate any increase in federal
funding pursuant to the Anti-Drug Abuse Act (Public Law 100-690) for
the 1998-99 fiscal year to those programs described in subdivision
(d).


13848.4. (a) All funds appropriated to the agency or agencies
designated by the Director of Finance pursuant to Section 13820 for
the purposes of this chapter shall be deposited in the High
Technology Theft Apprehension and Prosecution Program Trust Fund,
which is hereby established. The fund shall be under the direction
and control of the executive director. Moneys in the fund, upon
appropriation by the Legislature, shall be expended to implement this
chapter.
(b) Moneys in the High Technology Theft Apprehension and
Prosecution Program Trust Fund shall be expended to fund programs to
enhance the capacity of local law enforcement and prosecutors to
deter, investigate, and prosecute high technology related crimes.
After deduction of the actual and necessary administrative costs
referred to in subdivision (f), the High Technology Theft
Apprehension and Prosecution Program Trust Fund shall be expended to
fund programs to enhance the capacity of local law enforcement, state
police, and local prosecutors to deter, investigate, and prosecute
high technology related crimes. Any funds distributed under this
chapter shall be expended for the exclusive purpose of deterring,
investigating, and prosecuting high technology related crimes.
(c) Up to 10 percent of the funds shall be used for developing and
maintaining a statewide database on high technology crime for use in
developing and distributing intelligence information to
participating law enforcement agencies. In addition, the Executive
Director of the agency or agencies designated by the Director of
Finance pursuant to Section 13820 may allocate and award up to 5
percent of the funds available to public agencies or private
nonprofit organizations for the purposes of establishing statewide
programs of education, training, and research for public prosecutors,
investigators, and law enforcement officers relating to deterring,
investigating, and prosecuting high technology related crimes. Any
funds not expended in a fiscal year for these purposes shall be
distributed to regional high technology theft task forces pursuant to
subdivision (b).
(d) Any regional task force receiving funds under this section may
elect to have the Department of Justice administer the regional task
force program. The department may be reimbursed for any
expenditures incurred for administering a regional task force from
funds given to local law enforcement pursuant to subdivision (b).
(e) The agency or agencies designated by the Director of Finance
pursuant to Section 13820 shall distribute funds in the High
Technology Theft Apprehension and Prosecution Program Trust Fund to
eligible agencies pursuant to subdivision (b) in consultation with
the High Technology Crime Advisory Committee established pursuant to
Section 13848.6.
(f) Administration of the overall program and the evaluation and
monitoring of all grants made pursuant to this chapter shall be
performed by the agency or agencies designated by the Director of
Finance pursuant to Section 13820, provided that funds expended for
these functions shall not exceed 5 percent of the total amount made
available under this chapter.


13848.6. (a) The High Technology Crime Advisory Committee is hereby
established for the purpose of formulating a comprehensive written
strategy for addressing high technology crime throughout the state,
with the exception of crimes that occur on state property or are
committed against state employees, and to advise the agency or
agencies designated by the Director of Finance pursuant to Section
13820 on the appropriate disbursement of funds to regional task
forces.
(b) This strategy shall be designed to be implemented through
regional task forces. In formulating that strategy, the committee
shall identify various priorities for law enforcement attention,
including the following goals:
(1) To apprehend and prosecute criminal organizations, networks,
and groups of individuals engaged in the following activities:
(A) Theft of computer components and other high technology
products.
(B) Violations of Penal Code Sections 211, 350, 351a, 459, 496,
537e, 593d, and 593e.
(C) Theft of telecommunications services and other violations of
Penal Code Sections 502.7 and 502.8.
(D) Counterfeiting of negotiable instruments and other valuable
items through the use of computer technology.
(E) Creation and distribution of counterfeit software and other
digital information, including the use of counterfeit trademarks to
misrepresent the origin of that software or digital information.
(2) To apprehend and prosecute individuals and groups engaged in
the unlawful access, destruction, or unauthorized entry into and use
of private, corporate, or government computers and networks,
including wireless and wire line communications networks and law
enforcement dispatch systems, and the theft, interception,
manipulation, destruction, and unauthorized disclosure of data stored
within those computers.
(3) To apprehend and prosecute individuals and groups engaged in
the theft of trade secrets.
(4) To investigate and prosecute high technology crime cases
requiring coordination and cooperation between regional task forces
and local, state, federal, and international law enforcement
agencies.
(c) The Executive Director of the agency or agencies designated by
the Director of Finance pursuant to Section 13820 shall appoint the
following members to the committee:
(1) A designee of the California District Attorneys Association.
(2) A designee of the California State Sheriffs Association.
(3) A designee of the California Police Chiefs Association.
(4) A designee of the Attorney General.
(5) A designee of the California Highway Patrol.
(6) A designee of the High Technology Crime Investigation
Association.
(7) A designee of the agency or agencies designated by the
Director of Finance pursuant to Section 13820.
(8) A designee of the American Electronic Association to represent
California computer system manufacturers.
(9) A designee of the American Electronic Association to represent
California computer software producers.
(10) A designee of the California Cellular Carriers Association.
(11) A representative of the California Internet industry.
(12) A designee of the Semiconductor Equipment and Materials
International.
(13) A designee of the California Cable Television Association.
(14) A designee of the Motion Picture Association of America.
(15) A designee of either the California Telephone Association or
the California Association of Competitive Telecommunication
Companies. This position shall rotate every other year between
designees of the two associations.
(16) A representative of the California banking industry.
(17) A representative of the Office of Privacy Protection.
(18) A representative of the Department of Finance.
(d) The Executive Director of the agency or agencies designated by
the Director of Finance pursuant to Section 13820 shall designate
the Chair of the High Technology Crime Advisory Committee from the
appointed members.
(e) The advisory committee shall not be required to meet more than
12 times per year. The advisory committee may create subcommittees
of its own membership, and each subcommittee shall meet as often as
the subcommittee members find necessary. It is the intent of the
Legislature that all advisory committee members shall actively
participate in all advisory committee deliberations required by this
chapter.
Any member who, without advance notice to the executive director
and without designating an alternative representative, misses three
scheduled meetings in any calendar year for any reason other than
severe temporary illness or injury (as determined by the Executive
Director of the agency or agencies designated by the Director of
Finance pursuant to Section 13820) shall automatically be removed
from the advisory committee. If a member wishes to send an
alternative representative in his or her place, advance written
notification of this substitution shall be presented to the executive
director. This notification shall be required for each meeting the
appointed member elects not to attend.
Members of the advisory committee shall receive no compensation
for their services, but shall be reimbursed for travel and per diem
expenses incurred as a result of attending meetings sponsored by the
agency or agencies designated by the Director of Finance pursuant to
Section 13820 under this chapter.
(f) The executive director, in consultation with the High
Technology Crime Advisory Committee, shall develop specific
guidelines and administrative procedures for the selection of
projects to be funded by the High Technology Theft Apprehension and
Prosecution Program, which guidelines shall include the following
selection criteria:
(1) Each regional task force that seeks funds shall submit a
written application to the committee setting forth in detail the
proposed use of the funds.
(2) In order to qualify for the receipt of funds, each proposed
regional task force submitting an application shall provide written
evidence that the agency meets either of the following conditions:
(A) The regional task force devoted to the investigation and
prosecution of high technology-related crimes is comprised of local
law enforcement and prosecutors, and has been in existence for at
least one year prior to the application date.
(B) At least one member of the task force has at least three years
of experience in investigating or prosecuting cases of suspected
high technology crime.
(3) Each regional task force shall be identified by a name that is
appropriate to the area that it serves. In order to qualify for
funds, a regional task force shall be comprised of local law
enforcement and prosecutors from at least two counties. At the time
of funding, the proposed task force shall also have at least one
investigator assigned to it from a state law enforcement agency.
Each task force shall be directed by a local steering committee
composed of representatives of participating agencies and members of
the local high technology industry.
(4) The California High Technology Crimes Task Force shall be
comprised of each regional task force developed pursuant to this
subdivision.
(5) Additional criteria that shall be considered by the advisory
committee in awarding grant funds shall include, but not be limited
to, the following:
(A) The number of high technology crime cases filed in the prior
year.
(B) The number of high technology crime cases investigated in the
prior year.
(C) The number of victims involved in the cases filed.
(D) The total aggregate monetary loss suffered by the victims,
including individuals, associations, institutions, or corporations,
as a result of the high technology crime cases filed, and those under
active investigation by that task force.
(6) Each regional task force that has been awarded funds
authorized under the High Technology Theft Apprehension and
Prosecution Program during the previous grant-funding cycle, upon
reapplication for funds to the committee in each successive year,
shall be required to submit a detailed accounting of funds received
and expended in the prior year in addition to any information
required by this section. The accounting shall include all of the
following information:
(A) The amount of funds received and expended.
(B) The use to which those funds were put, including payment of
salaries and expenses, purchase of equipment and supplies, and other
expenditures by type.
(C) The number of filed complaints, investigations, arrests, and
convictions that resulted from the expenditure of the funds.
(g) The committee shall annually review the effectiveness of the
California High Technology Crimes Task Force in deterring,
investigating, and prosecuting high technology crimes and provide its
findings in a report to the Legislature and the Governor. This
report shall be based on information provided by the regional task
forces in an annual report to the committee which shall detail the
following:
(1) Facts based upon, but not limited to, the following:
(A) The number of high technology crime cases filed in the prior
year.
(B) The number of high technology crime cases investigated in the
prior year.
(C) The number of victims involved in the cases filed.
(D) The number of convictions obtained in the prior year.
(E) The total aggregate monetary loss suffered by the victims,
including individuals, associations, institutions, corporations, and
other relevant public entities, according to the number of cases
filed, investigations, prosecutions, and convictions obtained.
(2) An accounting of funds received and expended in the prior
year, which shall include all of the following:
(A) The amount of funds received and expended.
(B) The uses to which those funds were put, including payment of
salaries and expenses, purchase of supplies, and other expenditures
of funds.
(C) Any other relevant information requested.




13848.8. (a) The executive director of the agency or agencies
designated by the Director of Finance pursuant to Section 13820 shall
also appoint the following members to the High Technology Crime
Advisory Committee established by Section 13848.6:
(1) A designee of the Recording Association of America.
(2) A designee of the Consumers Union.
(b) The High Technology Crime Advisory Committee, in formulating a
comprehensive written strategy for addressing high technology crime
throughout the state, shall identify, in addition to the various
priorities for law enforcement attention specified in subdivision (b)
of Section 13848.6, the goal of apprehending and prosecuting
criminal organizations, networks, and groups of individuals engaged
in the following activities:
(1) Violations of Sections 653h, 653s, and 635w.
(2) The creation and distribution of pirated sound recordings or
audiovisual works or the failure to disclose the origin of a
recording or audiovisual work.
CALIFORNIA CAREER CRIMINAL APPREHENSION PROGRAM



13850. The Legislature hereby finds that a substantial and
disproportionate amount of serious crime is committed against the
people of California by a relatively small number of multiple and
repeat felony offenders, commonly known as career criminals. In
enacting this chapter, the Legislature intends to support increased
efforts by local law enforcement agencies to investigate and
apprehend career criminals through management, organization and
operational techniques that have been demonstrated to be effective in
selected cities and counties in this and other states, and through
advanced state-of-the-art techniques that focus law enforcement
efforts and resources on identifying persons subject to career
criminal apprehension efforts.



13851. (a) There is hereby established in the agency or agencies
designated by the Director of Finance pursuant to Section 13820 a
program of financial, training, and technical assistance for local
law enforcement, called the California Career Criminal Apprehension
Program. All funds made available to the agency or agencies
designated by the Director of Finance pursuant to Section 13820 for
the purposes of this chapter shall be administered and disbursed by
the executive director of the agency or agencies designated by the
Director of Finance pursuant to Section 13820.
(b) The executive director is authorized to allocate and award
funds to those local units of government or combinations thereof, in
which a special program is established in law enforcement agencies
that meets the criteria set forth in Sections 13852 and 13853.
(c) The allocation and award of funds shall be made upon
application executed by the chief law enforcement officer of the
applicant unit of government and approved by the legislative body.
Funds disbursed under this chapter shall not supplant local funds
that would, in the absence of the California Career Criminal
Apprehension Program, be made available to support the apprehension
of multiple or repeat felony criminal offenders.
(d) The executive director of the agency or agencies designated by
the Director of Finance pursuant to Section 13820 shall prepare and
issue administrative guidelines and procedures for the California
Career Criminal Apprehension Program consistent with this chapter.
(e) These guidelines shall set forth the terms and conditions upon
which the agency or agencies designated by the Director of Finance
pursuant to Section 13820 is prepared to offer grants of funds
pursuant to statutory authority. The guidelines do not constitute
rules, regulations, orders or standards of general application.



13852. Law enforcement agencies receiving funds under this chapter
shall employ enhanced law enforcement management efforts and
resources. Enhanced law enforcement efforts and resources shall
include, but not be limited to:
(a) Crime analysis, which is the timely collection and study of
local crime data to perform all of the following:
(1) Identify evolving or existing crime patterns, particularly
those involving career felony criminals.
(2) Provide investigative leads.
(3) Identify geographical areas or population groups experiencing
relatively severe crime victimization, in order to improve
effectiveness of crime prevention efforts.
(4) Provide supporting data for improved allocation of overall law
enforcement agency resources.
(b) Improved management of patrol and investigative operations
involving use of information resulting from crime analysis, which may
include participation in multijurisdictional investigative units and
measures to increase continuity of investigative efforts from the
initial patrol response through the arrest and prosecution of the
offender. Such measures may include:
(1) Innovative personnel deployment techniques.
(2) Innovative techniques of case screening.
(3) Management of continuing investigations.
(4) Monitoring of investigation operations.
(c) (1) Each career criminal apprehension program, supported under
this chapter, shall concentrate on the identification and arrest of
career criminals and the support of their subsequent prosecution.
The determination of which suspected felony offenders shall be the
subject of career criminal apprehension efforts shall be in
accordance with written criteria developed by the applicant law
enforcement agency, consistent with Section 13853 and approved by the
head district attorney. Highly qualified and experienced personnel
shall be assigned to staff career criminal apprehension programs.
(2) Each career criminal apprehension program as one of its
ongoing functions, shall maintain coordination with the prosecutor
assigned to each case resulting from its efforts. This coordination
should include, but not be limited to, case preparation, processing,
and adjudication.


13853. An individual who is under investigation for the commission
or attempted commission of one or more of the felonies listed in
paragraph (1) of subdivision (a) of Section 999e and who is
determined to have committed three or more separate felony offenses
not arising out of the same transaction, or has been convicted during
the preceding 10 years for the commission or attempted commission of
any felony listed in subdivision (a), or at least two convictions
during the preceding 10 years for the commission or attempted
commission of any felony listed in subdivision (b) may be the
subject of career criminal apprehension efforts.
(a) Robbery of the first degree, carjacking, burglary of the first
degree, arson as defined in Section 451 or 452, forcible rape,
sodomy or oral copulation committed with force, lewd or lascivious
conduct committed upon a child, kidnapping as defined in Section 209
or 209.5, murder, or manslaughter.
(b) Grand theft, grand theft auto, receiving stolen property,
robbery of the second degree, burglary of the second degree,
kidnapping as defined in Section 207, assault with a deadly weapon or
instrument, or any unlawful act relating to controlled substances in
violation of Section 11351 or 11352 of the Health and Safety Code.
For purposes of this chapter, the 10-year periods specified in
this section shall be exclusive of any time which the arrested person
has served in state prison.



13854. (a) The Executive Director of the agency or agencies
designated by the Director of Finance pursuant to Section 13820,
shall develop specific guidelines, and administrative procedures, for
the selection of the California Career Criminal Apprehension
Program.
(b) Administration of the overall program and the evaluation and
monitoring of all grants made under this chapter shall be performed
by the agency or agencies designated by the Director of Finance
pursuant to Section 13820, provided that funds expended for those
functions shall not exceed 7.5 percent of the total annual amount
made available for the purpose of this chapter.
(c) Local assistance grants made pursuant to this chapter shall
not be subject to review pursuant to Section 10290 of the Public
Contract Code.
SUPPRESSION OF DRUG ABUSE IN SCHOOLS


13860. The Legislature finds and declares that a substantial drug
abuse and drug trafficking problem exists among school-age children
on and around school campuses in the State of California. By
enacting this chapter, it is the intention of the Legislature to
support increased efforts by local law enforcement agencies, working
in conjunction with school districts and county drug offices to
suppress trafficking and prevent drug abuse among school age children
on and around school campuses through the development of innovative
and model programs by local law enforcement agencies and schools and
drug abuse agencies. As used in this chapter, drugs are defined as
marijuana, inhalants, narcotics, dangerous drugs, pharmaceuticals,
glue and alcohol. It is the further intention of the Legislature to
establish a program of financial and technical assistance for local
law enforcement and school districts.



13861. There is hereby created in the agency or agencies designated
by the Director of Finance pursuant to Section 13820 the Suppression
of Drug Abuse in Schools Program. All funds made available to the
agency or agencies designated by the Director of Finance pursuant to
Section 13820 for the purposes of this chapter shall be administered
and disbursed by the executive director of the office in consultation
with the State Suppression of Drug Abuse in Schools Advisory
Committee established pursuant to Section 13863.
(a) The executive director, in consultation with the State
Suppression of Drug Abuse in Schools Advisory Committee, is
authorized to allocate and award funds to local law enforcement
agencies and public schools jointly working to develop drug abuse
prevention and drug trafficking suppression programs in substantial
compliance with the policies and criteria set forth in Sections 13862
and 13863.
(b) The allocation and award of funds shall be made upon the joint
application by the chief law enforcement officer of the coapplicant
law enforcement agency and approved by the law enforcement agency's
legislative body and the superintendent and board of the school
district coapplicant. The joint application of the law enforcement
agency and the school district shall be submitted for review to the
Local Suppression on Drug Abuse in Schools Advisory Committee
established pursuant to paragraph (4) of subdivision (a) of Section
13862. After review, the application shall be submitted to the
agency or agencies designated by the Director of Finance pursuant to
Section 13820. Funds disbursed under this chapter may enhance but
shall not supplant local funds that would, in the absence of the
Suppression of Drug Abuse in Schools Program, be made available to
suppress and prevent drug abuse among schoolage children and to
curtail drug trafficking in and around school areas.
(c) The coapplicant local law enforcement agency and the
coapplicant school district may enter into interagency agreements
between themselves which will allow the management and fiscal tasks
created pursuant to this chapter and assigned to both the law
enforcement agency and the school district to be performed by only
one of them.
(d) Within 90 days of the effective date of this chapter, the
Executive Director of the agency or agencies designated by the
Director of Finance pursuant to Section 13820 in consultation with
the State Suppression of Drug Abuse in Schools Advisory Committee
established pursuant to Section 13863 shall prepare and issue
administrative guidelines and procedures for the Suppression of Drug
Abuse in Schools Program consistent with this chapter. In addition
to all other formal requirements that may apply to the enactment of
these guidelines and procedures, a complete and final draft shall be
submitted within 60 days of the effective date of this chapter to the
Chairpersons of the Committee on Criminal Law and Public Safety of
the Assembly and the Judiciary Committee of the Senate of the
California Legislature.



13862. Law enforcement agencies and school districts receiving
funds under this chapter shall concentrate enhanced apprehension,
prevention, and education efforts and resources on drug abuse and
drug trafficking in and around school campuses.
(a) These enhanced apprehension, prevention, and education
efforts shall include, but not be limited to:
(1) Drug traffic intervention programs.
(2) School and classroom-oriented programs, using tested drug
abuse education curriculum that provides indepth and accurate
information on drugs, which may include the participation of local
law enforcement agencies and qualified drug abuse prevention
specialists and which are designed to increase teachers' and students'
awareness of drugs and their effects.
(3) Family oriented programs aimed at preventing drug abuse which
may include the participation of community-based organizations
experienced in the successful operation of such programs.
(4) The establishment of a Local Suppression of Drug Abuse in
Schools Advisory Committee. The committee shall be established and
appointed by the board of supervisors of each county and city and
county. However, if the agency receiving funds under this chapter is
a city agency and the program does not involve any county agency, or
if a county agency is involved and the county board of supervisors
consents, the committee shall be established and appointed by the
city council. The committee may be a newly created committee or an
existing local drug abuse committee as designated by the board or
city council. The committee shall be composed of, at a minimum, the
following:
(A) Local law enforcement executives.
(B) School district executives.
(C) Schoolsite staff, which includes administrators, teachers, or
other credentialed personnel.
(D) Parents.
(E) Students.
(F) School peace officers.
(G) County drug program administrators designated pursuant to
Section 11962 of the Health and Safety Code.
(H) Drug prevention program executives.
(5) Development and distribution of appropriate written and
audio-visual aids for training of school and law enforcement staff
for handling drug-related problems and offenses. Appropriate
existing aids may be utilized in lieu of development of new
materials.
(6) Development of prevention and intervention programs for
elementary school teachers and students, including utilization of
existing prevention and intervention programs.
(7) Development of a coordinated intervention system that
identifies students with chronic drug abuse problems and facilitates
their referral to a drug abuse treatment program.
(b) Enhanced apprehension, prevention, and education efforts
commenced under this section shall be a joint effort between local
law enforcement and local school districts in cooperation with county
drug program offices. These efforts shall include, but not be
limited to, the concentration of apprehension efforts in "problem"
areas identified by local school authorities.
(c) Funds appropriated pursuant to this chapter may be used in
part to support state-level development and statewide distribution of
appropriate written and audio-visual aids for public awareness and
training of school and law enforcement staff for handling
drug-related problems and offenses. When existing aids can be
identified, these aids may be utilized in lieu of the development of
new aids.



13864. There is hereby created, in the agency or agencies
designated by the Director of Finance pursuant to Section 13820, the
Comprehensive Alcohol and Drug Prevention Education component of the
Suppression of Drug Abuse in Schools Program in public elementary
schools in grades 4 to 6, inclusive. Notwithstanding Section 13861
or any other provision in this code, all Comprehensive Alcohol and
Drug Prevention Education component funds made available to the
agency or agencies designated by the Director of Finance pursuant to
Section 13820 in accordance with the Classroom Instructional
Improvement and Accountability Act shall be administered by and
disbursed to county superintendents of schools in this state by the
executive director of the agency or agencies designated by the
Director of Finance pursuant to Section 13820. All applications for
that funding shall be reviewed and evaluated by the agency or
agencies designated by the Director of Finance pursuant to Section
13820, in consultation with the State Department of Alcohol and Drug
Programs and the State Department of Education.
(a) The executive director is authorized to allocate and award
funds to county department superintendents of schools for allocation
to individual school districts or to a consortium of two or more
school districts. Applications funded under this section shall
comply with the criteria, policies, and procedures established under
subdivision (b) of this section.
(b) As a condition of eligibility for the funding described in
this section, the school district or consortium of school districts
shall have entered into an agreement with a local law enforcement
agency to jointly implement a comprehensive alcohol and drug abuse
prevention, intervention, and suppression program developed by the
agency or agencies designated by the Director of Finance pursuant to
Section 13820, in consultation with the State Department of Alcohol
and Drug Programs and the State Department of Education, containing
all of the following components:
(1) A standardized age-appropriate curriculum designed for pupils
in grades 4 to 6, inclusive, specifically tailored and sensitive to
the socioeconomic and ethnic characteristics of the target pupil
population. Although new curricula shall not be required to be
developed, existing curricula may be modified and adapted to meet
local needs. The elements of the standardized comprehensive alcohol
and drug prevention education program curriculum shall be defined and
approved by the Governor's Policy Council on Drug and Alcohol Abuse,
as established by Executive Order # D-70-80.
(2) A planning process that shall include both assessment of the
school district's characteristics, resources and the extent of
problems related to juvenile drug abuse, and input from local law
enforcement agencies.
(3) A school district governing board policy that provides for a
coordinated intervention system that, at a minimum, includes
procedures for identification, intervention, and referral of at-risk
alcohol- and drug-involved youth, and identifies the roles and
responsibilities of law enforcement, school personnel, parents, and
pupils.
(4) Early intervention activities that include, but are not
limited to, the identification of pupils who are high risk or have
chronic drug abuse problems, assessment, and referral for appropriate
services, including ongoing support services.
(5) Parent education programs to initiate and maintain parental
involvement, with an emphasis for parents of at-risk pupils.
(6) Staff and in-service training programs, including both
in-depth training for the core team involved in providing program
services and general awareness training for all school faculty and
administrative, credentialed, and noncredentialed school personnel.
(7) In-service training programs for local law enforcement
officers.
(8) School, law enforcement, and community involvement to ensure
coordination of program services. Pursuant to that coordination, the
school district or districts and other local agencies are encouraged
to use a single community advisory committee or task force for drug,
alcohol, and tobacco abuse prevention programs, as an alternative to
the creation of a separate group for that purpose under each state
or federally funded program.
(c) The application of the county superintendent of schools shall
be submitted to the agency or agencies designated by the Director of
Finance pursuant to Section 13820. Funds made available to the
agency or agencies designated by the Director of Finance pursuant to
Section 13820 for allocation under this section are intended to
enhance, but shall not supplant, local funds that would, in the
absence of the Comprehensive Alcohol and Drug Prevention Education
component, be made available to prevent, intervene in, or suppress
drug abuse among schoolage children. For districts that are already
implementing a comprehensive drug abuse prevention program for pupils
in grades 4 to 6, inclusive, the county superintendent shall propose
the use of the funds for drug prevention activities in school grades
other than 4 to 6, inclusive, compatible with the program components
of this section. The expenditure of funds for that alternative
purpose shall be approved by the executive director.
(1) Unless otherwise authorized by the agency or agencies
designated by the Director of Finance pursuant to Section 13820, each
county superintendent of schools shall be the fiscal agent for any
Comprehensive Alcohol and Drug Prevention Education component award,
and shall be responsible for ensuring that each school district
within that county receives the allocation prescribed by the agency
or agencies designated by the Director of Finance pursuant to Section
13820. Each county superintendent shall develop a countywide plan
that complies with program guidelines and procedures established by
the agency or agencies designated by the Director of Finance pursuant
to Section 13820 pursuant to subdivision (d). A maximum of 5
percent of the county's allocation may be used for administrative
costs associated with the project.
(2) Each county superintendent of schools shall establish and
chair a local coordinating committee to assist the superintendent in
developing and implementing a countywide implementation plan. This
committee shall include the county drug administrator, law
enforcement executives, school district governing board members and
administrators, school faculty, parents, and drug prevention and
intervention program executives selected by the superintendent and
approved by the county board of supervisors.
(d) The Executive Director of the agency or agencies designated by
the Director of Finance pursuant to Section 13820, in consultation
with the State Department of Alcohol and Drug Programs and the State
Department of Education, shall prepare and issue guidelines and
procedures for the Comprehensive Alcohol and Drug Prevention
Education component consistent with this section.
(e) The Comprehensive Alcohol and Drug Prevention Education
component guidelines shall set forth the terms and conditions upon
which the agency or agencies designated by the Director of Finance
pursuant to Section 13820 is prepared to award grants of funds
pursuant to this section. The guidelines shall not constitute rules,
regulations, orders, or standards of general application.
(f) Funds awarded under the Comprehensive Alcohol and Drug
Prevention Education Program shall not be subject to Section 10318 of
the Public Contract Code.
(g) Funds available pursuant to Item 8100-111-001 and Provision 1
of Item 8100-001-001 of the Budget Act of 1989, or the successor
provision of the appropriate Budget Act, shall be allocated to
implement this section.
(h) The executive director of the agency or agencies designated by
the Director of Finance pursuant to Section 13820 shall collaborate,
to the extent possible, with other state agencies that administer
drug, alcohol, and tobacco abuse prevention education programs to
streamline and simplify the process whereby local educational
agencies apply for drug, alcohol, and tobacco education funding under
this section and under other state and federal programs. The agency
or agencies designated by the Director of Finance pursuant to
Section 13820, the State Department of Alcohol and Drug Programs, the
State Department of Education, and other state agencies, to the
extent possible, shall develop joint policies and collaborate
planning in the administration of drug, alcohol, and tobacco abuse
prevention education programs.
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