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THE CALIFORNIA GANG, CRIME, AND VIOLENCE
PREVENTION PARTNERSHIP PROGRAM
13825.1. This chapter shall be known and may be cited as the
California Gang, Crime, and Violence Prevention Partnership Program.
13825.2. (a) The California Gang, Crime, and Violence Prevention
Partnership Program shall be administered by the Department of
Justice for the purposes of reducing gang, criminal activity, and
youth violence to the extent authorized pursuant to this chapter in
communities with a high incidence of gang violence, including, but
not limited to, the communities of Fresno, Glendale, Long Beach, Los
Angeles, Oakland, Riverside, Santa Ana, Santa Cruz, San Bernardino,
San Diego, San Jose, San Francisco, San Mateo, Santa Monica, and
Venice. The department shall also consider communities that meet any
one of the following criteria:
(1) An at-risk youth population, as defined in subdivision (c) of
Section 13825.4, that is significantly disproportionate to the
general youth population of that community.
(2) A juvenile arrest rate that is significantly disproportionate
to the general youth population of that community.
(3) Significant juvenile gang problems or a high number of
juvenile gang-affiliated acts of violence.
(b) All state and local juvenile detention facilities, including,
but not limited to, facilities, juvenile halls, youth ranches, and
youth camps of the Department of the Youth Authority, shall also be
considered eligible to receive services through community-based
organizations or nonprofit agencies that are operating programs
funded under this chapter.
13825.3. All funds made available to the Department of Justice for
purposes of this chapter shall be disbursed in accordance with this
chapter to community-based organizations and nonprofit agencies that
comply with the program requirements of Section 13825.4 and the
funding criteria of Section 13825.5 of this chapter.
(a) Funds disbursed under this chapter may enhance, but shall not
supplant local, state, or federal funds that would, in the absence of
the California Gang, Crime, and Violence Prevention Partnership
Program, be made available for the prevention or intervention of
youth involvement in gangs, crime, or violence.
(b) The applicant community-based organization or nonprofit agency
may enter into interagency agreements between it and a fiscal agent
that will allow the fiscal agent to manage the funds awarded to the
community-based organization or nonprofit agency.
(c) Before April 15, 1998, the department shall prepare and file
administrative guidelines and procedures for the California Gang,
Crime, and Violence Prevention Partnership Program consistent with
this chapter.
(d) Before July 1, 1998, the department shall issue a "request for
funding proposal" that informs applicants of the purposes and
availability of funds to be awarded under this chapter and solicits
proposals from community-based organizations and nonprofit agencies
to provide services consistent with this chapter.
(e) The department shall conduct an evaluation of the California
Gang, Crime, and Violence Prevention Partnership Program after two
years of program operation and each year thereafter, for purposes of
identifying the effectiveness and results of the program. The
evaluation shall be conducted by staff or an independent body that
has experience in evaluating programs operated by community-based
organizations or nonprofit agencies.
(f) After two years of program operation, and each year
thereafter, the department shall prepare and submit an annual report
to the Legislature describing in detail the operation of the program
and the results obtained from the California Gang, Crime, and
Violence Prevention Partnership Program receiving funds under this
chapter. The report shall also list the full costs applicable to the
department for processing and reviewing applications, and for
administering the California Gang, Crime, and Violence Prevention
Partnership Program.
13825.4. Community-based organizations and nonprofit agencies that
receive funds under this chapter shall utilize the funds to provide
services and activities designed to prevent or deter at-risk youth
from participating in gangs, criminal activity, or violent behavior.
(a) These prevention and intervention efforts shall include, but
not be limited to, any of the following:
(1) Services and activities designed to do any of the following:
(A) Teach alternative methods for resolving conflicts and
responding to violence, drugs, and crime.
(B) Develop positive and life-affirming attitudes and behaviors.
(C) Build self-esteem.
(2) Recreational, educational or cultural activities.
(3) Counseling or mentoring services.
(4) Economic development activities.
(b) Funds allocated under this chapter may not be used for
services or activities related to suppression, law enforcement,
incarceration, or other purposes not related to the prevention and
deterrence of gangs, crime, and violence.
Nothing in this paragraph shall prevent funds allocated under this
chapter from being used for violence prevention and gang crime
deterrence services provided by community-based organizations and
nonprofit agencies to youths incarcerated in juvenile detention
facilities.
(c) Services and activities provided with funds under this chapter
shall be used for at-risk youth who are defined as persons from age
5 to 20 years of age and who fall into one or more of the following
categories:
(1) Live in a high-crime or high-violence neighborhood as
identified by local or federal law enforcement agencies.
(2) Live in a low-economic neighborhood as identified by the U.S.
Census or come from an impoverished family.
(3) Are excessively absent from school or are doing poorly in
school as identified by personnel from the youth's school.
(4) Come from a socially dysfunctional family as identified by
local or state social service agencies.
(5) Have had one or more contacts with the police.
(6) Have entered the juvenile justice system.
(7) Are identified by the juvenile justice system as being at
risk.
(8) Are current or former gang members.
(9) Have one or more family members living at home who are current
or former members of a gang.
(10) Are identified as wards of the court, as defined in Section
601 of the Welfare and Institutions Code.
(d) Except as provided in subdivision (e), in carrying out a
program of prevention and intervention services and activities with
funds received under this chapter, community-based organizations and
nonprofit agencies shall do all of the following:
(1) Collaborate with other local community-based organizations,
nonprofit agencies or local agencies providing similar services,
local schools, local law enforcement agencies, residents and families
of the local community, private businesses in the local community,
and charitable or religious organizations, for purposes of developing
plans to provide a program of prevention and intervention services
and activities with funds provided under this chapter.
(2) Identify other community-based organizations, nonprofit
agencies, local agencies, and charitable or religious organizations
in the local community that can serve as a resource in providing
services and activities under this chapter.
(3) Follow the public health model approach in developing and
carrying out a program to prevent, deter or reduce youth gangs, crime
or violence by (A) identifying risk factors of the particular
population to be targeted, (B) implementing protective factors to
prevent or reduce gangs, crime or violence in the particular
community to be serviced, and (C) designing community guidelines for
prevention and intervention.
(4) Provide referral services to at-risk youth who are being
served under this chapter to appropriate organizations and agencies
where the community-based organization or nonprofit agency can
readily identify a need for counseling, tutorial, family support, or
other types of services.
(5) Provide the parents and family of the at-risk youth with
support, information, and services to cope with the problems the
at-risk youth, the parents, and the family are confronting.
(6) Involve members of the at-risk target population in the
development, coordination, implementation, and evaluation of their
program of services and activities.
(7) Objectively evaluate the effectiveness of their services and
activities to determine changes in attitudes or behaviors of the
at-risk youth being served under this chapter towards gangs, crime,
and violence.
(e) Providers of programs that operate in juvenile detention
facilities shall not be required to meet the criteria specified in
paragraph (5) of subdivision (d) for those programs offered only in
those facilities.
13825.5. To be eligible for funding under this chapter,
community-based organizations and nonprofit agencies shall submit a
request for funding proposal in compliance with this chapter to
conduct a program that meets the requirements of Section 13825.4.
The Department of Justice shall establish the minimum standards,
funding schedules, and procedures for awarding grants that shall take
into consideration, but not be limited to, all of the following:
(a) A demonstrated showing of at least two years of experience in
administering a program providing prevention or prevention and
intervention services that have positively affected the attitudes or
behaviors of at-risk youth, as defined in this chapter, toward gangs,
crime, or violence.
(b) New programs, services, or staff that would augment the
existing programs, services, and activities already being provided
the community-based organization or nonprofit agency.
(c) The size of the eligible at-risk youth population that would
be served by the community-based organization or nonprofit agency.
(d) The likelihood that the program will continue to operate after
state grant funding ends.
(e) The ability of the community-based organization or nonprofit
agency to objectively evaluate itself and a demonstrated showing of
its plan to evaluate itself if funds are awarded. For purposes of
this chapter, community-based organizations and nonprofit agencies do
not include libraries, community service organizations, and city,
county, and state-operated departments of parks and recreation.
13825.6. Funding for the California Gang, Crime, and Violence
Prevention Partnership Program shall be subject to the following:
(a) 2 percent of the amounts appropriated in the Budget Act shall
be transferred each year upon the approval of the Director of
Finance, for expenditure as necessary for the Department of Justice
to administer this program.
(b) 3 percent of the amounts appropriated in the Budget Act shall
be transferred each year upon the approval of the Director of
Finance, for expenditure as necessary for the department to provide
technical assistance to community-based organizations and nonprofit
agencies providing services under this chapter. Nothing in this
chapter precludes the department from providing technical assistance
services through an independent agency or organization.
GANG VIOLENCE SUPPRESSION
13826. The Legislature finds and declares all of the following:
(a) That violent activity by gangs is a serious and growing
problem in the State of California.
(b) There is an increasing percentage of school age pupils
involved in gang activity.
(c) There are many schools that serve a disproportionate number of
youth involved in gang activity which are unable to effectively
implement programs designed to prevent youth from becoming involved
in gang activity. There is no statewide funded educational program
developed for this purpose.
(d) There is evidence that gang involvement among youth begins at
an early age.
(e) There is evidence that the parents of gang members lack
appropriate parenting skills.
(f) There is evidence that drug activity is increasing among youth
involved in gang activity.
(g) There is evidence that gang members have no contact with
positive role models.
(h) There is evidence that most gang members lack basic
educational skills.
In enacting this chapter, the Legislature intends to support
increased efforts by district attorneys' offices to prosecute the
perpetrators of gang violence, support increased efforts by local law
enforcement agencies to identify, investigate, and apprehend
perpetrators of gang violence, support increased efforts by county
probation departments to intensively supervise gang members who are
on court-ordered probation, support gang violence prevention and
intervention efforts by school districts and county offices of
education, and support gang violence suppression efforts by
community-based organizations.
13826.1. (a) There is hereby established in the agency or agencies
designated by the Director of Finance pursuant to Section 13820, the
Gang Violence Suppression Program, a program of financial and
technical assistance for district attorneys' offices, local law
enforcement agencies, county probation departments, school districts,
county offices of education, or any consortium thereof, and
community-based organizations which are primarily engaged in the
suppression of gang violence. 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 agency or agencies
designated by the Director of Finance pursuant to Section 13820 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 cities, counties, school districts, county offices of
education, or any consortium thereof, and community-based
organizations in which gang violence suppression programs are
established in substantial compliance with the policies and criteria
set forth in this chapter.
(c) The allocation and award of funds shall be made on the
application of the district attorney, chief law enforcement officer,
or chief probation officer of the applicant unit of government and
approved by the legislative body, on the application of school
districts, county offices of education, or any consortium thereof, or
on the application of the chief executive of a community-based
organization. All programs funded pursuant to this chapter shall
work cooperatively to ensure the highest quality provision of
services and to reduce unnecessary duplication. Funds disbursed
under this chapter shall not supplant local funds that would, in the
absence of the Gang Violence Suppression Program, be made available
to support the activities set forth in this chapter. Funds awarded
under this program as local assistance grants shall not be subject to
review as specified in Section 10295 of the Public Contract Code.
(d) The executive director shall prepare and issue written program
and administrative guidelines and procedures for the Gang Violence
Suppression Program, consistent with this chapter. 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.
(e) Annually, commencing November 1, 1984, the executive director
shall prepare a report to the Legislature describing in detail the
operation of the statewide program and the results obtained by
district attorneys' offices, local law enforcement agencies, county
probation departments, school districts, county offices of education,
or any consortium thereof, and community-based organizations
receiving funds under this chapter and under comparable federally
financed awards.
(f) Criteria for selection of district attorneys' offices, local
law enforcement agencies, county probation departments, school
districts, county offices of education, or any consortium thereof,
and community-based organizations to receive gang violence
suppression funding shall be developed in consultation with the Gang
Violence Suppression Advisory Committee whose members shall be
appointed by the Executive Director of the agency or agencies
designated by the Director of Finance pursuant to Section 13820,
unless otherwise designated.
(g) The Gang Violence Suppression Advisory Committee shall be
composed of five district attorneys; two chief probation officers;
two representatives of community-based organizations; three attorneys
primarily engaged in the practice of juvenile criminal defense;
three law enforcement officials with expertise in gang-related
investigations; one member from the California Youth Authority Gang
Task Force nominated by the Director of the California Youth
Authority; one member of the Department of Corrections Law
Enforcement Liaison Unit nominated by the Director of the Department
of Corrections; one member from the Department of Justice nominated
by the Attorney General; the Superintendent of Public Instruction, or
his or her designee; one member of the California School Boards
Association; and one representative of a school program specializing
in the education of the target population identified in this chapter.
Five members of the Gang Violence Suppression Advisory Committee
appointed by the Executive Director of the agency or agencies
designated by the Director of Finance pursuant to Section 13820 shall
be from rural or predominately suburban counties and shall be
designated by the Executive Director as comprising the Rural Gang
Task Force Subcommittee.
The Rural Gang Task Force Subcommittee, in coordination with the
Gang Violence Suppression Advisory Committee and the agency or
agencies designated by the Director of Finance pursuant to Section
13820, shall review the Gang Violence Suppression Program
participation requirements and recommend changes in the requirements
which recognize the unique conditions and constraints that exist in
small rural jurisdictions and enhance the ability of small rural
jurisdictions to participate in the Gang Violence Suppression
Program.
(h) The Director of the agency or agencies designated by the
Director of Finance pursuant to Section 13820 shall designate a staff
member in the Gang Violence Suppression Program to act as the Rural
Gang Prevention Coordinator and to provide technical assistance and
outreach to rural jurisdictions with emerging gang activities. It is
the intent of the Legislature that compliance with this subdivision
not necessitate an additional staff person.
(i) This section shall be operative January 1, 1994.
13826.11. (a) The Legislature hereby finds and declares the
following:
(1) There is a greater threat to public safety resulting from
gang- and drug-related activity in and near California's inner
cities.
(2) Young people, especially at-risk youth, are more vulnerable to
gang-and drug-related activity during the potentially unsupervised
hours between the end of school and the time their parents or
guardians return home from work.
(3) Without local prevention and treatment efforts, hard drugs
will continue to threaten and destroy families and communities in and
near the inner cities. Drug-related violence may then escalate
dramatically in every community, and thereby burden the criminal
justice system to the point that it cannot function effectively.
(4) Los Angeles currently leads the nation in the number of gang
members and gang sites, the consumption of drugs, the amount of drugs
confiscated, drug-related violent crimes, and has the greatest
number of young people between 6 and 18 years of age who are "at
risk."
(5) It is the intent of the Legislature that a pilot program, the
"After School Alternative Program" (ASAP), be established and
implemented within a specified Los Angeles community. This community
program would utilize the public schools, businesses, and community
facilities to provide supportive programs and activities to young
people during the time between the end of school and the return home
of their parents or guardians (from approximately 3 p.m. to 7 p.m.).
13826.15. (a) The Legislature hereby finds and declares that the
implementation of the Gang Violence Suppression Program, as provided
in this chapter, has made a positive impact in the battle against
crimes committed by gang members in California.
The Legislature further finds and declares that the program, when
it was originally created in 1981, provided financial and technical
assistance only for district attorneys' offices. Since that time,
however, the provisions of the program have been amended by the
Legislature to enable additional public entities and community-based
organizations to participate in the program. In this respect, the
agency or agencies designated by the Director of Finance pursuant to
Section 13820, pursuant to Section 13826.1, administers funding for
the program by awarding grants to worthy applicants. Therefore, it
is the intent of the Legislature in enacting this measure to assist
the agency or agencies designated by the Director of Finance pursuant
to Section 13820 in setting forth guidelines for this funding.
(b) The agency or agencies designated by the Director of Finance
pursuant to Section 13820 may give priority to applicants for new
grant awards, as follows:
(1) First priority may be given to applicants representing
unfunded single components, as specified in Sections 13826.2,
13826.4, 13826.5, 13826.6, and 13826.65, in those counties that
receive Gang Violence Suppression Program funding for some, but not
all, of the program's components. The purpose of establishing this
priority is to provide funding for a full complement of the five Gang
Violence Suppression Program components in those counties that have
less than all five components established.
(2) Second priority may be given to those applicants that propose
a multiagency, or multijurisdictional single component project,
whereby more than one agency would be funded as a joint project under
the single components specified in Sections 13826.2, 13826.4,
13826.5, 13826.6, and 13826.65, and the funding would be provided
through a single grant award.
(3) Third priority may be given to applicants that propose
multijurisdictional multicomponent projects, whereby all five Gang
Violence Suppression Program components, as specified in Sections
13826.2, 13826.4, 13826.5, 13826.6, and 13826.65, would be funded in
a county that does not currently receive Gang Violence Suppression
Program funds.
(4) Fourth priority may be given to those single agency single
component applicants, in counties wherein the program component is
not currently funded.
(c) The agency or agencies designated by the Director of Finance
pursuant to Section 13820 shall consider the unique needs of, and
circumstances of jurisdiction in, rural and suburban counties when
awarding new grant funds.
13826.2. Gang violence prosecution units receiving funds under this
chapter shall concentrate enhanced prosecution efforts and resources
upon cases identified under criteria set forth in Section 13826.3.
Enhanced prosecution efforts shall include, but not be limited to:
(a) "Vertical" prosecutorial representation, whereby the
prosecutor who makes the initial filing or appearance in a
gang-related 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 gang-related cases.
(c) Significant reduction of caseloads for investigators and
prosecutors assigned to gang-related cases.
(d) Measures taken in coordination with law enforcement agencies
to protect cooperating witnesses from intimidation or retribution at
the hands of gang members or associates.
13826.3. (a) An individual shall be subject to gang violence
prosecution efforts who is under arrest for the commission or the
attempted commission of any gang-related violent crime where the
individual is (1) a known member of a gang, and (2) has exhibited a
prior criminal background.
(b) For purposes of this chapter, gang-related means that the
suspect or victim of the crime is a known member of a gang.
(c) For purposes of this chapter, gang violence prosecution
includes both criminal prosecutions and proceedings in Juvenile Court
in which a petition is filed pursuant to Section 602 of the Welfare
and Institutions Code.
13826.4. Law enforcement agencies receiving funds under this
chapter shall concentrate enhanced law enforcement efforts and
resources upon cases identified under criteria set forth in Section
13826.3. Enhanced law enforcement criteria efforts shall include,
but not be limited to:
(a) The formation of a specialized gang violence unit whose staff
shall be composed of the most highly qualified and trained personnel.
(b) The efforts of the gang violence unit shall include, but not
be limited to:
(1) Increased efforts to apprehend, prosecute, and convict violent
"hard core" target gang members.
(2) Increasing the clearance rate of reported crimes which are
targeted as gang related.
(3) Establishing more positive relations with, and encouraging the
support of local citizens, community-based organizations, business
representatives, and other criminal agencies.
(4) Aiding and assisting other criminal justice and governmental
agencies in protecting cooperating witnesses from intimidation or
retribution at the hands of gang members and their associates.
(c) Law enforcement agencies receiving funds under this program
shall maintain a crime analysis capability which provides the
following type of information:
(1) Identification of active gang members who have exhibited a
prior criminal background.
(2) Identification of evolving or existing crime patterns that are
gang related.
(3) Providing investigative leads.
(4) Maintaining statistical information pertaining to gang related
criminal activity.
13826.5. County probation departments receiving funding under this
chapter shall strictly enforce court-ordered conditions of probation
for gang members.
(a) County probation departments supported under the Gang Violence
Suppression Program shall implement the following activities:
(1) A Gang Violence Intensive Supervision Unit dealing with gang
members shall be established.
(2) Criteria used to determine which probationer shall be assigned
to the Gang Violence Intensive Supervision Unit shall be approved by
the district attorney having a Gang Violence Prosecution Unit
described in Section 13826.2.
(3) Probationers whose cases are assigned to the intensive
supervision unit shall be informed of what types of behavior are
prescribed or forbidden. The notice shall be provided in both oral
and written form.
(4) Probationers whose cases are assigned to the intensive
supervision unit shall be informed, in writing, that all
court-ordered conditions of probation will be strictly enforced.
(5) Deputy probation officers in the intensive supervision unit
shall have reduced probationer caseloads and shall coordinate their
supervision efforts with law enforcement and prosecution personnel.
The coordination shall include informing law enforcement and
prosecution personnel of the conditions set for probationers and of
the strict enforcement procedures to be implemented.
(6) Deputy probation officers in the intensive supervision unit
shall coordinate with the district attorney in ensuring that
court-ordered conditions of probation are consistently enforced.
(7) Intensive supervision unit deputy probation officers shall
coordinate, whenever feasible, with community-based organizations in
seeking to ensure that probationers adhere to their court-ordered
conditions.
(b) County probation departments may implement the California TEAM
(Together Each Achieves More) Sports Camp Program, as described in
Article 23.5 (commencing with Section 875) of Chapter 2 of Part 1 of
Division 2 of the Welfare and Institutions Code.
13826.6. For purposes of this chapter, a "community-based"
organization is defined as a nonprofit operation established to serve
gang members, their families, schools, and the community with
programs of community supervision and service that maintain community
participation in the planning, operation, and evaluation of their
programs.
"Community-based" organization also includes public park and
recreation agencies, public libraries, and public community services
departments that provide gang suppression activities, either alone or
in cooperation with other public agencies or other community-based
organizations.
(a) Unless funded pursuant to subdivision (c), community-based
organizations supported under the Gang Violence Suppression Program
shall implement the following activities:
(1) Providing information to law enforcement agencies concerning
gang related activities in the community.
(2) Providing information to school administrators and staff
concerning gang related activities in the community.
(3) Providing conflict resolution by means of intervention or
mediation to prevent and limit gang crisis situations.
(4) Increasing witness cooperation through coordination with local
law enforcement and prosecutors and by education of the community
about the roles of these government agencies and the availability of
witness protection services.
(b) Community-based organizations funded pursuant to subdivision
(a) shall also implement at least one of the following activities:
(1) Maintaining a 24-hour public telephone message center for the
receipt of information and to assist individuals seeking services
from the organization.
(2) Maintaining a "rumor control" public telephone service to
provide accurate and reliable information to concerned citizens.
(3) Providing technical assistance and training concerning gang
related activities to school staff members, law enforcement
personnel, and community members including parental groups. This
training and assistance shall include coverage of how to prevent and
minimize intergang confrontations.
(4) Providing recreational activities for gang members or
potential gang members.
(5) Providing job training and placement services for youth.
(6) Referring gang members, as needed, to appropriate agencies for
the treatment of health, psychological, and drug-related problems.
(7) Administration of the Urban Corps Program pursuant to Section
13826.62.
(8) Mobilizing the community to share joint responsibility with
local criminal justice personnel to prevent and suppress gang
violence.
(c) Community-based organizations funded under the Gang Violence
Suppression Program for specialized school prevention and
intervention activities shall only be required to implement
activities in the schools which are designed to discourage students
from joining gangs and which offer or encourage students to
participate in alternative programs.
(d) Community-based organizations funded pursuant to the Gang
Violence Suppression Program as of January 1, 1997, shall receive
preference over public agencies in any future funding awards.
13826.62. (a) There is hereby established in the agency or agencies
designated by the Director of Finance pursuant to Section 13820, the
Urban Corps Program. The Urban Corps Program is established as an
optional activity under Section 13826.6. Community-based
organizations receiving grants to participate in the Urban Corps
Program shall implement the following activities:
(1) Identification of publicly and privately administered programs
in the county dealing with the suppression or prevention of criminal
gang activities, or both.
(2) Maintenance of a listing of programs within the county
identified as dealing with the suppression or prevention of criminal
gang activities, or both.
(3) Surveying gang suppression and prevention organizations for
the types of services and activities each is engaged in, and
identifying needs among these organizations for resources to provide
services and fulfill their activities.
(4) Recruitment of volunteers, identification of their skills,
abilities and interests, and matching volunteers with the resources
needs of gang prevention and suppression organizations.
(5) Establishment of an urban respite program for the purpose of
preventing self-destructive activities and diverting (A) identified
youth gang members, and (B) youths who are at risk of becoming gang
members, for the purposes of reducing or eliminating incentives for
those youths to participate in gang-related crime activities.
(b) The Urban Corps Program shall operate within the agency or
agencies designated by the Director of Finance pursuant to Section
13820 for two years following the establishment of a contract with a
community-based organization to administer the program.
(c) This section shall be implemented to the extent that funds are
available to the agency or agencies designated by the Director of
Finance pursuant to Section 13820 for this purpose.
13826.65. School districts, county offices of education, or any
consortium thereof, receiving funding under this chapter shall
develop or adopt and implement a gang violence prevention curriculum,
provide gang violence prevention and intervention services for
school-aged children, and shall be encouraged to do all of the
following:
(a) Establish a local steering committee comprised of
representatives of each local program funded under this chapter,
corporations, small businesses, and other appropriate local, county,
and community organization knowledgeable in the area of youth gang
violence.
(b) Develop and distribute information concerning parent education
and parenting classes, including methods whereby parents may
recognize youth gang involvement.
(c) Identify and utilize the resources of appropriate
community-based organizations involved in the coordination of after
school activities for school-aged youth.
(d) Establish contact between positive role models and youth
involved in gang activity through adopt-a-youth programs and similar
programs.
(e) Incorporate into gang prevention activities references to the
relationship between drug abuse and gang violence.
(f) Develop partnerships between schools and businesses for the
purpose of enhancing pupil achievement through such methods as
tutorial services, field trips, role modeling, and other supportive
services.
(g) Develop methods of assuring followup services for children
receiving the initial gang violence prevention and intervention
services.
13826.7. The agency or agencies designated by the Director of
Finance pursuant to Section 13820 and the California Council on
Criminal Justice are encouraged to utilize any federal funds that may
become available for purposes of this chapter. This chapter becomes
operative only if federal funds are made available for its
implementation.
OFFICE OF GANG AND YOUTH VIOLENCE POLICY
13827. (a) There is within the Governor's Office of Emergency
Services, the Office of Gang and Youth Violence Policy.
(b) (1) The Office of Gang and Youth Violence Policy shall be
responsible for identifying and evaluating state, local, and federal
gang and youth violence suppression, intervention, and prevention
programs and strategies, along with funding for those efforts. The
director shall be responsible for monitoring, assessing, and
coordinating the state's programs, strategies, and funding that
address gang and youth violence in a manner that maximizes the
effectiveness and coordination of those programs, strategies, and
resources. The director shall communicate with local agencies and
programs in an effort to promote the best practices for addressing
gang and youth violence through suppression, intervention, and
prevention.
(2) The office shall develop a comprehensive set of
recommendations to define its mission, role, and responsibilities as
a statewide entity dedicated to reducing violence and the
proliferation of gangs and gang violence in California communities.
(3) In developing this set of recommendations, the office shall
collaborate with a wide range of state and local stakeholders,
including, but not limited to, community-based organizations serving
at-risk populations and neighborhoods, law enforcement, educators,
the courts, policy experts and scholars with expertise in the area of
criminal street gangs, and local policymakers.
(4) The office, in collaboration with the stakeholders specified
in paragraph (3), shall include in its deliberations the most
effective role for the office with respect to the following:
(A) The collection and analysis of data on gang membership
statewide and the effectiveness of various gang prevention efforts.
(B) The development of reliable and accurate sources of data to
measure the scale and characteristics of California's gang problems.
(C) The development of a clearinghouse for research on gangs,
at-risk youth, and prevention and intervention programs in order to
identify best practices and evidence-based programming, as well as
unsuccessful practices, and in order to promote effective strategies
for reducing gang involvement and gang violence.
(D) Assisting state and local governmental and nongovernmental
entities in developing violence and gang prevention strategies,
including built-in evaluation components.
(E) The development of sustained coordination mechanisms among
state, local, and regional entities.
(F) The identification of available or needed federal, state,
regional, local, and private funding resources.
(G) Providing or otherwise promoting public education on effective
programs, models, and strategies for the control of violence and
serving as a clearinghouse for information on gang violence
prevention issues, programs, resources, and research.
(H) Providing or otherwise promoting training and technical
assistance to help build the capacity of organizations, communities,
and local government to develop, implement, and evaluate gang
violence prevention programs.
(I) Providing information and guidance to state and local
governmental and nongovernmental entities on accessing state and
federal resources to prevent gang violence.
(J) Facilitating greater integration between existing entities
with respect to gang prevention efforts.
13827.1. There is within the Office of Emergency Services, the
following offices:
(a) Director of the Office of Gang and Youth Violence Policy. The
director shall report directly to the office of the Governor.
(b) Chief Deputy Director of Gang and Youth Violence Policy.
13827.2. The Office of Gang and Youth Violence Policy shall
establish an Internet Web site, in coordination with the Office of
Emergency Services, that provides an Internet hyperlink to the
various grants administered by the Office of Emergency Services and
technical assistance on the process for applying for grants.
JUDICIAL TRAINING PROGRAMS FOR CHILD ***UAL
ABUSE CASES
13828. The Legislature hereby finds and declares that there is a
need to develop and provide training programs regarding the handling
of judicial proceedings involving the victims of child ***ual abuse.
It is the intent of the Legislature in enacting this chapter to
provide training programs which will ensure that children who are the
victims of ***ual abuse shall be treated with special consideration
during all proceedings related to allegations of child ***ual abuse,
including all trials and administrative hearings.
13828.1. From funds appropriated for those purposes, the Judicial
Council shall establish and maintain an ongoing program to provide
training for the judicial branch of government relating to the
handling of child ***ual abuse cases.
CRIMINAL JUSTICE PLANNING COMMITTEE FOR STATE
JUDICIAL SYSTEM
General Provisions
13830. There is hereby created in state government a Judicial
Criminal Justice Planning Committee of seven members. The Judicial
Council shall appoint the members of the committee who shall hold
office at its pleasure. In this respect the Legislature finds as
follows:
(a) The California court system has a constitutionally established
independence under the judicial and separation of power clauses of
the State Constitution.
(b) The California court system has a statewide structure created
under the Constitution, state statutes and state court rules, and the
Judicial Council of California is the constitutionally established
state agency having responsibility for the operation of that
structure.
(c) The California court system will be directly affected by the
criminal justice planning that will be done under this title and by
the federal grants that will be made to implement that planning.
(d) For effective planning and implementation of court projects it
is essential that the agency or agencies designated by the Director
of Finance pursuant to Section 13820 have the advice and assistance
of a state judicial system planning committee.
13831. The California Council on Criminal Justice may request the
advice and assistance of the Judicial Criminal Justice Planning
Committee in carrying out its functions under Chapter 2 of this
title.
13832. The agency or agencies designated by the Director of Finance
pursuant to Section 13820 shall consult with, and shall seek the
advice of, the Judicial Criminal Justice Planning Committee in
carrying out its functions under Chapter 3 of this title insofar as
they affect the California court system.
In addition, any grant of federal funds made or approved by the
office which is to be implemented in the California court system
shall be submitted to the Judicial Criminal Justice Planning
Committee for its review and recommendations before being presented
to the California Council on Criminal Justice for its action.
13833. The expenses necessarily incurred by the members of the
Judicial Criminal Justice Planning Committee in the performance of
their duties under this title shall be paid by the Judicial Council,
but it shall be reimbursed by the agency or agencies designated by
the Director of Finance pursuant to Section 13820 to the extent that
federal funds can be made available for that purpose. Staff support
for the committee's activities shall be provided by the Judicial
Council, but the cost of that staff support shall be reimbursed by
the agency or agencies designated by the Director of Finance pursuant
to Section 13820 to the extent that federal funds can be made
available for that purpose.
Local Assistance Centers for Victims and
Witnesses
13835. The Legislature finds and declares as follows:
(a) That there is a need to develop methods to reduce the trauma
and insensitive treatment that victims and witnesses may experience
in the wake of a crime, since all too often citizens who become
involved with the criminal justice system, either as victims or
witnesses to crime, are further victimized by that system.
(b) That when a crime is committed, the chief concern of criminal
justice agencies has been apprehending and dealing with the criminal,
and that after police leave the scene of the crime, the victim is
frequently forgotten.
(c) That victims often become isolated and receive little
practical advice or necessary care.
(d) That witnesses must make arrangements to appear in court
regardless of their own schedules, child care responsibilities, or
transportation problems, and that they often find long waits, crowded
courthouse hallways, confusing circumstances and, after testifying,
receive no information as to the disposition of the case.
(e) That a large number of victims and witnesses are unaware of
both their rights and obligations.
(f) That although the State of California has a fund for needy
victims of violent crimes, and compensation is available for medical
expenses, lost income or wages, and rehabilitation costs, the
application process may be difficult, complex, and time-consuming,
and victims may not be aware that the compensation provisions exist.
It is, therefore, the intent of the Legislature to provide
services to meet the needs of both victims and witnesses of crime
through the funding of local comprehensive centers for victim and
witness assistance.
13835.2. (a) Funds appropriated from the Victim-Witness Assistance
Fund shall be made available through the agency or agencies
designated by the Director of Finance pursuant to Section 13820 to
any public or private nonprofit agency for the assistance of victims
and witnesses that meets all of the following requirements:
(1) It provides comprehensive services to victims and witnesses of
all types of crime. It is the intent of the Legislature to make
funds available only to programs that do not restrict services to
victims and witnesses of a particular type of crime, and do not
restrict services to victims of crime in which there is a suspect in
the case.
(2) It is recognized by the board of supervisors as the major
provider of comprehensive services to victims and witnesses in the
county.
(3) It is selected by the board of supervisors as the agency to
receive funds pursuant to this article.
(4) It assists victims of crime in the preparation, verification,
and presentation of their claims to the California Victim
Compensation and Government Claims Board for indemnification pursuant
to Article 1 (commencing with Section 13959) of Part 4 of Division 3
of Title 2 of the Government Code.
(5) It cooperates with the California Victim Compensation and
Government Claims Board in verifying the data required by Article 1
(commencing with Section 13959) of Part 4 of Division 3 of Title 2 of
the Government Code.
(b) The agency or agencies designated by the Director of Finance
pursuant to Section 13820 shall consider the following factors,
together with any other circumstances it deems appropriate, in
awarding funds to public or private nonprofit agencies designated as
victim and witness assistance centers:
(1) The capability of the agency to provide comprehensive services
as defined in this article.
(2) The stated goals and objectives of the center.
(3) The number of people to be served and the needs of the
community.
(4) Evidence of community support.
(5) The organizational structure of the agency that will operate
the center.
(6) The capability of the agency to provide confidentiality of
records.
(c) The agency or agencies designated by the Director of Finance
pursuant to Section 13820 shall conduct an evaluation of the
activities and performance of the centers established pursuant to
Chapter 1256 of the Statutes of 1977 to determine their ability to
comply with the intent of this article, and shall report the findings
thereon to the Legislature by January 1, 1985.
13835.4. In order to insure the effective delivery of comprehensive
services to victims and witnesses, a center established by an agency
receiving funds pursuant to this article shall carry out all of the
following activities in connection with both primary and optional
services:
(a) Translation services for non-English speaking victims and
witnesses or the hearing-impaired.
(b) Follow-up contact to determine whether the client received the
necessary assistance.
(c) Field visits to a client's home, place of business, or other
location, whenever necessary to provide services.
(d) Service to victims and witnesses of all types of crime.
(e) Volunteer participation to encourage community involvement.
(f) Services for elderly victims of crime, appropriate to their
special needs.
13835.5. (a) Comprehensive services shall include all of the
following primary services:
(1) Crisis intervention, providing timely and comprehensive
responses to the individual needs of victims.
(2) Emergency assistance, directly or indirectly providing food,
housing, clothing, and, when necessary, cash.
(3) Resource and referral counseling to agencies within the
community which are appropriate to meet the victim's needs.
(4) Direct counseling of the victim on problems resulting from the
crime.
(5) Assistance in the processing, filing, and verifying of claims
filed by victims of crime pursuant to Article 1 (commencing with
Section 13959) of Part 4 of Division 3 of Title 2 of the Government
Code.
(6) Assistance in obtaining the return of a victim's property held
as evidence by law enforcement agencies, if requested.
(7) Orientation to the criminal justice system.
(8) Court escort.
(9) Presentations to and training of criminal justice system
agencies.
(10) Public presentations and publicity.
(11) Monitoring appropriate court cases to keep victims and
witnesses apprised of the progress and outcome of their case.
(12) Notification to friends, relatives, and employers of the
occurrence of the crime and the victim's condition, upon request of
the victim.
(13) Notification to the employer of the victim or witness, if
requested by the victim or witness, informing the employer that the
employee was a victim of or witness to a crime and asking the
employer to minimize any loss of pay or other benefits which may
result because of the crime or the employee's participation in the
criminal justice system.
(14) Upon request of the victim, assisting in obtaining
restitution for the victim, in ascertaining the victim's economic
loss, and in providing the probation department, district attorney,
and court with information relevant to his or her losses prior to the
imposition of sentence.
(b) Comprehensive services may include the following optional
services, if their provision does not preclude the efficient
provision of primary services:
(1) Employer intervention.
(2) Creditor intervention.
(3) Child care.
(4) Notification to witnesses of any change in the court calendar.
(5) Funeral arrangements.
(6) Crime prevention information.
(7) Witness protection, including arranging for law enforcement
protection or relocating witnesses in new residences.
(8) Assistance in obtaining temporary restraining orders.
(9) Transportation.
(10) Provision of a waiting area during court proceedings separate
from defendants and families and friends of defendants.
13835.6. (a) The agency or agencies designated by the Director of
Finance pursuant to Section 13820, in cooperation with
representatives from local victim and witness assistance centers,
shall develop standards defining the activities and services
enumerated in this article.
(b) The agency or agencies designated by the Director of Finance
pursuant to Section 13820 in cooperation with representatives from
local victim and witness assistance centers, shall develop a method
of evaluating the activities and performance of centers established
pursuant to this article.
By January 1, 1985, the agency or agencies designated by the
Director of Finance pursuant to Section 13820 shall prepare and
submit to the Legislature a report summarizing the effectiveness of
victim and witness assistance centers established pursuant to this
article. That report shall include, but not be limited to, the
effectiveness in achieving the functions and the services enumerated
in the article.
13835.7. There is in the State Treasury the Victim-Witness
Assistance Fund. Funds appropriated thereto shall be dispensed to
the agency or agencies designated by the Director of Finance pursuant
to Section 13820 exclusively for the purposes specified in this
article and for the support of the centers specified in Section
13837.
13835.10. (a) The Legislature finds and declares all of the
following:
(1) That the provision of quality services for victims of crime is
of high priority.
(2) That existing victim service programs do not have sufficient
financial resources to consistently recruit and employ fully trained
personnel.
(3) That there is no consistency in the training provided to the
various agencies serving victims.
(4) That comprehensive training for victim service agencies is
geographically limited or unavailable.
(5) That there is currently no statewide comprehensive training
system in place for the state to insure that all service providers
receive adequate training to provide quality services to victims of
crime.
(6) It is the intention of the Legislature to establish a
statewide training program within the agency or agencies designated
by the Director of Finance pursuant to Section 13820 to provide
comprehensive standardized training to victim service providers.
(b) The agency or agencies designated by the Director of Finance
pursuant to Section 13820 shall establish a statewide
victim-assistance training program, the purpose of which is to
develop minimum training and selection standards, certify training
courses, and provide funding to enable local victim service providers
to acquire the required training.
(c) (1) For the purpose of raising the level of competence of
local victim service providers, the office shall adopt guidelines
establishing minimum standards of training for employees of
victim-witness and ***ual assault programs funded by the office to
provide services to victims of crime. The agency or agencies shall
establish an advisory committee composed of recognized statewide
victim service organizations, representatives of local victim service
programs, and others selected at the discretion of the executive
director to consult on the research and development of the training,
selection, and equivalency standards.
(2) Any local unit of government, community-based organization, or
any other public or private nonprofit entity funded by the agency or
agencies as a victim-witness or ***ual assault program to provide
services to victims of crime shall adhere to the training and
selection standards established by the agency or agencies. The
standards for ***ual assault victim service programs developed by the
advisory committee established pursuant to Section 13836 shall be
the standards for purposes of this section. With the exception of
the ***ual assault standards, the agency or agencies shall conduct or
contract with an appropriate firm or entity for research on
validated standards pursuant to this section in consultation with the
advisory committee established pursuant to paragraph (1). The
agency or agencies may defer the adoption of the selection standards
until the necessary research is completed. Until the standards are
adopted, affected victim service programs may receive state funding
from the agency or agencies upon certification of their willingness
to adhere to the training standards adopted by the agency or
agencies.
(3) Minimum training and selection standards may include, but
shall not be limited to, basic entry, continuation, supervisory,
management, specialized curricula, and confidentiality.
(4) Training and selection standards shall apply to all victim
service and management personnel of the victim-witness and ***ual
assault agencies funded by the agency or agencies to provide services
to victims of crime. Exemptions from this requirement may be made
by the agency or agencies. An agency which, despite good faith
efforts, is unable to meet the standards established pursuant to this
section, may apply to the agency or agencies for an exemption. For
the purpose of exemptions, the agency or agencies may establish
procedures that allow for partial adherence. The agency or agencies
may develop equivalency standards which recognize professional
experience, education, training, or a combination of the above, for
personnel hired before July 1, 1987.
(5) Nothing in this section shall prohibit an agency, funded by
the agency or agencies to provide services to victims of crime, from
establishing training and selection standards which exceed the
minimum standards established by the agency or agencies pursuant to
this section.
(d) For purposes of implementing this section, the agency or
agencies has all of the following powers:
(1) To approve or certify, or both, training courses selected by
the agency or agencies.
(2) To make those inquiries which may be necessary to determine
whether every local unit of government, community-based organization,
or any other public or private entity receiving state aid from the
agency or agencies as a victim-witness or ***ual assault program for
the provision of services to victims of crime, is adhering to the
standards for training and selection established pursuant to this
section.
(3) To adopt those guidelines which are necessary to carry out the
purposes of this section.
(4) To develop or present, or both, training courses for victim
service providers, or to contract with coalitions, councils, or other
designated entities, to develop or present, or both, those training
courses.
(5) To perform other activities and studies necessary to carry out
the intent of this section.
(e) (1) The agency or agencies may utilize any funds that may
become available from the Victim-Witness Assistance Fund to fund the
cost of training staff of victim service agencies which are funded by
the agency or agencies from the fund. The agency or agencies may
utilize federal or other state funds that may become available to
fund the cost of training staff of victim service agencies which are
not eligible for funding from the Victim-Witness Assistance Fund.
(2) Peace officer personnel whose jurisdictions are eligible for
training subvention pursuant to Chapter 1 (commencing with Section
13500) of Title 4 of this part and correctional or probation
personnel whose jurisdictions are eligible for state aid pursuant to
Article 2 (commencing with Section 6035) of Chapter 5 of Title 7 of
Part 3 are not eligible to receive training reimbursements under this
section unless the person receiving the training is assigned to
provide victim services in accordance with a grant award agreement
with the agency or agencies and is attending training to meet the
established standards.
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