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INFORMATION ON RACIAL, ETHNIC AND RELIGIOUS CRIMES
13872. The crimes that shall be the focus of this chapter shall
include a wide variety of incidents, which reflect obvious racial,
ethnic, or religious motivations, ranging from vandalizing a place of
worship to assaults between members of gangs, including, but not
limited to, incidents that occur on school grounds and between gang
members and any other incidents that law enforcement officers on a
case-by-case basis identify as having a racial, ethnic or religious
motivation. They shall not include incidents of discrimination in
employment.
LAW ENFORCEMENT RESPONSE TO DRUG
ENDANGERED CHILDREN


13879.80. (a) Every law enforcement and social services agency in
this state is encouraged to develop, adopt, and implement written
policies and standards for their response to narcotics crime scenes
where a child is either immediately present or where there is
evidence that a child lives, by January 1, 2005. These policies
shall reflect the fact that exposing a child to the manufacturing,
trafficking, and use of narcotics is criminal conduct and that a
response coordinated by law enforcement and social services agencies
is essential to the child's health and welfare.
(b) The needs of a drug endangered child are best served with
written policies encouraging the arrest of an individual for child
endangerment where there is probable cause that an offense has been
committed coordinated with an appropriate investigation of the child'
s welfare by child protective agencies. Protocols that encourage a
dependency investigation contemporaneous with a law enforcement
investigation at a narcotics crime scene, when appropriate, are
consistent with a child's best interest.



13879.81. Communities are encouraged to form multijurisdictional
groups that include law enforcement officers, prosecutors, public
health professionals, and social workers to address the welfare of
children endangered by parental drug use. These coordinated groups
should develop standards and protocols, evidenced by memorandums of
understanding, that address the following:
(a) Felony and misdemeanor arrests.
(b) Immediate response of protective social workers to a narcotics
crime scene involving a child.
(c) Outsourcing protective social workers to law enforcement.
(d) Dependency investigations.
(e) Forensic drug testing and interviewing.
(f) Decontamination of a child found in a lab setting.
(g) Medical examinations and developmental evaluations.
(h) Creation of two hours of P.O.S.T. drug endangered children
awareness training.
CALIFORNIA MAJOR NARCOTIC VENDORS PROSECUTION
LAW
13880. (a) The Legislature finds and declares that the production
and sale of narcotics is an ever increasing problem because of the
substantial illicit profits derived therefrom. The Legislature
further finds and declares that a substantial and disproportionate
amount of serious crime is associated with the cultivation,
processing, manufacturing, and sale of narcotics.
(b) The Legislature finds and declares that the level of
production, distribution, and sale of narcotics in small counties in
this state threatens the well-being not only of citizens of those
counties, but of the rest of the state as well. Since many of these
counties have experienced less growth in their general purpose
revenues than the rest of the state, and yet are required to bear the
burden of funding disproportionate criminal justice costs associated
with the production, distribution, and sale of narcotics, the
Legislature recognizes the need to provide financial assistance for
these counties.
(c) The Legislature intends to support intensified efforts by
district attorneys' offices to prosecute drug producers and sellers
through organizational and operational techniques that have been
proven effective in selected jurisdictions in this and other states.



13881. (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 district attorneys'
offices, designated the California Major Narcotic Vendors
Prosecution Law. 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
California Council on Criminal Justice, and shall to the greatest
extent feasible be coordinated or consolidated with federal funds
that may be made available for these purposes.
(b) The executive director is authorized to allocate and award
funds to counties in which the California Major Narcotic Vendors
Prosecution Law is implemented in substantial compliance with the
policies and criteria set forth in this chapter.
(c) The allocation and award of funds shall be made upon
application executed by the county's district attorney and approved
by its board of supervisors. Funds disbursed under this chapter
shall not supplant local funds that would, in the absence of the
California Major Narcotic Vendors Prosecution Law, be made available
to support the prosecution of felony drug cases. Funds available
under this program shall not be subject to review, as specified in
Section 14780 of the Government Code.
(d) The executive director shall prepare and issue written program
and administrative guidelines and procedures for the California
Major Narcotic Vendors Prosecution Program consistent with this
chapter, which shall be submitted to the Chairpersons of the Assembly
Committee on Public Safety and the Senate Committee on Criminal
Procedure. These guidelines shall permit the selection of a county
for the allocation and award of funds only on a finding by the agency
or agencies designated by the Director of Finance pursuant to
Section 13820 that the county is experiencing a proportionately
significant increase in major narcotic cases. Further, the
guidelines shall provide for the allocation and award of funds to
small county applicants, as designated by the executive director.
The guidelines shall also provide that any funds received by a county
under this chapter shall be used only for the prosecution of cases
involving major narcotic dealers. For purposes of this subdivision,
"small county" means a county having a population of 200,000 or less.



13882. California major narcotic vendors prosecution units
receiving funds under this chapter shall concentrate enhanced
prosecution efforts and resources upon individuals identified under
selection criteria set forth in Section 13883. Enhanced prosecution
efforts and resources shall include, but not be limited to, all of
the following:
(a) "Vertical" prosecutorial representation, whereby the
prosecutor who makes the initial filing or appearance in a drug case
will perform all subsequent court appearances on that particular case
through its conclusion, including the sentencing phase.
(b) Assignment of highly qualified investigators and prosecutors
to drug cases.
(c) Significant reduction of caseloads for investigators and
prosecutors assigned to drug cases.



13883. (a) An individual may be the subject of the California Major
Narcotic Vendors Prosecution Law prosecution efforts who is under
arrest for the commission or attempted commission of one or more
felonies relating to controlled substances in violation of Section
11351, 11352, 11358, 11378, 11378.5, 11379, 11379.5, or 11383 of the
Health and Safety Code.
(b) In applying the criteria set forth in subdivision (a), a
district attorney may, consistent with the provisions of subdivision
(d) of Section 13881, elect to limit drug prosecution efforts to
persons arrested for any one or more of the felonies listed in
subdivision (a) if crime statistics demonstrate that the incidence of
that felony or felonies presents a particularly serious problem in
the county.
(c) In exercising the prosecutorial discretion granted by this
section, the district attorney shall consider (1) the character,
background, and prior criminal background of the defendant, and (2)
the number and the seriousness of the offenses currently charged
against the defendant.



13884. (a) Each district attorney's office establishing a
California major narcotic vendors prosecution unit and receiving
state support under this chapter shall adopt and pursue the following
policies for the California Major Narcotic Vendors Prosecution Law
cases:
(1) All reasonable prosecutorial efforts shall be made to resist
the pretrial release of a charged defendant selected for prosecution
under the California Major Narcotic Vendors Prosecution Law.
(2) All reasonable prosecutorial efforts shall be made to persuade
the court to impose the most severe authorized sentence upon a
person convicted after prosecution under the California Major
Narcotic Vendors Prosecution Law.
(3) All reasonable prosecutorial efforts shall be made to reduce
the time between arrest and disposition of charge against an
individual selected for prosecution under the California Major
Narcotic Vendors Prosecution Law.
(b) The selection criteria set forth in Section 13883 shall be
adhered to for each California Major Narcotic Vendors Prosecution Law
case unless, in the reasonable exercise of prosecutor's discretion,
extraordinary circumstances require the departure from those policies
in order to promote the general purposes and intent of this chapter.
STATEWIDE ***UAL PREDATOR APPREHENSION TEAM
13885. The Legislature hereby finds that a substantial and
disproportionate amount of ***ual offenses are committed against the
people of California by a relatively small number of multiple and
repeat *** offenders. In enacting this chapter, the Legislature
intends to support efforts of the criminal justice community through
a focused effort by law enforcement and prosecuting agencies to
identify, locate, apprehend, and prosecute ***ual habitual offenders.



13885.1. The Attorney General shall maintain, upon appropriation of
funds by the Legislature, a statewide ***ual Predator Apprehension
Team force within the California Bureau of Investigation. The ***ual
Predator Apprehension Team force shall be comprised of California
Bureau of Investigation special agent teams throughout California.
The teams shall focus on repeat *** offenders, and perform the
following activities:
(a) Coordinate state and local investigative resources to
apprehend ***ual habitual offenders and persons required to register
under Section 290 who violate the law or conditions of probation or
parole.
(b) Target and monitor chronic repeat violent *** offenders before
the commission of additional ***ual offenses.
(c) Develop profiles in unsolved ***ual assault cases.




13885.15. (a) The special agent teams established pursuant to
Section 13885.1 shall also take a proactive role in the investigation
and prosecution of preferential child molesters and ***ual
exploiters.
(b) For purposes of this section, "preferential child molester"
means a person whose primary *** drive is directed toward children.
A preferential child molester is distinguished from a situational
child molester, who will use children ***ually in times of stress
because of a lack of impulse control or as a result of circumstances.



13885.2. The Attorney General, subject to the availability of
funds, shall establish in the Department of Justice the ***ual
Habitual Offender Program, which is hereby created, which shall
evaluate the number of arrests and convictions for *** offenses and
the length of sentences for repeat offenders. This shall be a
statewide program.
It is the intent of the Legislature that this statewide program
shall not affect the operation of the Serious Habitual Offender
Program authorized by Chapter 10 (commencing with Section 13890)
involving the Counties of San Francisco, San Mateo, Santa Clara,
Santa Cruz, Alameda, Contra Costa, Napa, Sonoma, Solano, and Marin
which shall become inoperative on July 1, 1994.



13885.4. As used in this chapter, "***ual habitual offenders" means
those persons who have been either of the following:
(a) Convicted of two or more violent offenses against a person
involving force or violence which include at least one *** offense.
(b) Convicted of an offense listed in Section 290 and also meet
one of the following criteria:
(1) Have three or more felony arrests for *** offenses specified
in Section 290 on their criminal record.
(2) Have five or more felony arrests for any type of offense on
their criminal record.
(3) Have 10 or more arrests, either felony or misdemeanor, for any
type of offense on their criminal record.
(4) Have five or more arrests, either felony or misdemeanor, for
any type of offense, including either of the following:
(A) At least one conviction for multiple *** offenses which shall
mean a conviction arising from the commission of two or more offenses
listed in subdivision (a) of Section 290 in one transaction.
(B) At least two arrests for a single *** offense listed in
subdivision (a) of Section 290.



13885.6. The Department of Justice shall establish and maintain a
comprehensive file of existing information maintained by law
enforcement agencies, the Department of Corrections, the Department
of Motor Vehicles, and the Department of Justice. The Department of
Justice may request the Department of Corrections, the Department of
Motor Vehicles, and law enforcement agencies to provide existing
information from their files regarding persons identified as ***ual
habitual offenders. The Department of Corrections, the Department of
Motor Vehicles, and law enforcement agencies, when requested by the
Department of Justice, shall provide copies of existing information
maintained in their files regarding persons identified by the
Department of Justice as ***ual habitual offenders and shall provide
followup information to the Department of Justice as it becomes
available. This ***ual habitual offender file shall be maintained by
the Department of Justice and shall contain a complete physical
description and method of operation of the ***ual habitual offender,
information describing his or her interaction with criminal justice
agencies, and his or her prior criminal record. The Department of
Justice also shall prepare a summary profile of each ***ual habitual
offender for distribution to law enforcement agencies.



13885.8. The Department of Justice shall provide a summary profile
of each ***ual habitual offender to each law enforcement agency when
the individual registers in, or moves to, the area in which the law
enforcement agency is located.
Upon request, the department shall provide the complete file of
information on a ***ual habitual offender to law enforcement
agencies, district attorneys, and the courts for the purpose of
identifying, apprehending, prosecuting, and sentencing ***ual
habitual offenders.
COUNTY ***UAL ASSAULT FELONY ENFORCEMENT
(SAFE) TEAM PROGRAM


13887. Any county may establish and implement a ***ual assault
felony enforcement (SAFE) team program pursuant to the provisions of
this chapter.


13887.1. (a) The mission of this program shall be to reduce violent
***ual assault offenses in the county through proactive surveillance
and arrest of habitual ***ual offenders, as defined in Section
667.71, and strict enforcement of registration requirements for ***
offenders pursuant to Section 290.
(b) The proactive surveillance and arrest authorized by this
chapter shall be conducted within the limits of existing statutory
and constitutional law.
(c) The mission of this program shall also be to provide community
education regarding the purposes of Chapter 5.5 (commencing with
Section 290) of Title 9 of Part 2. The goal of community education is
to do all of the following:
(1) Provide information to the public about ways to protect
themselves and families from ***ual assault.
(2) Emphasize the importance of using the knowledge of the
presence of registered *** offenders in the community to enhance
public safety.
(3) Explain that harassment or vigilantism against registrants may
cause them to disappear and attempt to live without supervision, or
to register as transients, which would defeat the purpose of ***
offender registration.


13887.2. The regional SAFE teams may consist of officers and agents
from the following law enforcement agencies:
(a) Police departments.
(b) Sheriff's departments.
(c) The Bureau of Investigations of the Office of the District
Attorney.
(d) County probation departments.
(e) To the extent that these agencies have available resources,
the following law enforcement agencies:
(1) The Bureau of Investigations of the California Department of
Justice.
(2) The California Highway Patrol.
(3) The State Department of Corrections.
(4) The Federal Bureau of Investigation.



13887.3. The program established pursuant to this chapter shall
have the following objectives:
(a) To identify, monitor, arrest, and assist in the prosecution of
habitual ***ual offenders who violate the terms and conditions of
their probation or parole, who fail to comply with the registration
requirements of Section 290, or who commit new ***ual assault
offenses.
(b) To collect data to determine if the proactive law enforcement
procedures adopted by the program are effective in reducing violent
***ual assault offenses.
(c) To develop procedures for operating a multijurisdictional
regional task force.


13887.4. Nothing in this chapter shall be construed to authorize
the otherwise unlawful violation of any person's rights under the
law.


13887.5. The Office of Emergency Services shall establish standards
by which grants are awarded on a competitive basis to counties for
SAFE teams. The grants shall be awarded to innovative teams designed
to promote the purposes of this chapter.
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