2009 California Penal Code - Section 13825.1-13825.6 :: Chapter 3.1. The California Gang, Crime, And Violence Prevention Partnership Program

PENAL CODE
SECTION 13825.1-13825.6

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. The department shall be required to submit an
annual report to the Legislature only in years in which the
California Gang, Crime, and Violence Prevention Partnership Program
receives funds under this chapter.

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.


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