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2009 California Penal Code - Section 13826-13826.7 :: Chapter 3.5. Gang Violence Suppression
PENAL CODESECTION 13826-13826.7
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.
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