2009 California Penal Code - Section 13840-13846 :: Chapter 5. California Community Crime Resistance ProgramPENAL CODE
13840. The Legislature hereby finds the resistance to crime and juvenile delinquency requires the cooperation of both community and law enforcement officials; and that successful crime resistance programs involving the participation of citizen volunteers and community leaders shall be identified and given recognition. In enacting this chapter, the Legislature intends to recognize successful crime resistance and prevention programs, disseminate successful techniques and information and to encourage local agencies to involve citizen volunteers in efforts to combat crime and related problems. 13841. As used in this chapter: (a) "Community" means city or county governments or portions or combinations thereof. (b) "Elderly or senior citizen" means individuals 55 years of age or older. (c) "Teenagers and young adults" means individuals between the ages of 15 and 24 years of age. (d) "Community policing" means the coalescing of community organizations, residents, law enforcement, public social services, education, churches, and local governmental entities to unitedly combat illegal drug activity within a designated neighborhood, and create employment opportunity for neighborhood residents. In no case shall "community policing" include expenditures for the purchase of law enforcement equipment which would have been purchased from existing resources in the normal course of business. 13843. (a) Allocation and award of funds made available under this chapter shall be made upon application to the agency or agencies designated by the Director of Finance pursuant to Section 13820. All applications shall be reviewed and evaluated by the agency or agencies designated by the Director of Finance pursuant to Section 13820. (b) The Executive Director of the agency or agencies designated by the Director of Finance pursuant to Section 13820 may allocate and award funds to communities developing and providing ongoing citizen involvement and crime resistance programs in compliance with the established policies and criteria of the agency or agencies designated by the Director of Finance pursuant to Section 13820. Applications receiving funding under this section shall be selected from among those deemed appropriate for funding according to the criteria, policy, and procedures established by the agency or agencies designated by the Director of Finance pursuant to Section 13820. (c) With the exception of funds awarded for programs authorized under paragraph (2) of subdivision (b) of Section 13844, no single award of funds under this chapter shall exceed a maximum of two hundred fifty thousand dollars ($250,000) for a 12-month grant period. (d) Funds disbursed under this chapter shall not supplant local funds that would, in the absence of the California Community Crime Resistance Program, be made available to support crime resistance programs. (e) Funds disbursed under this chapter shall be supplemented with local funds constituting, at a minimum, 10 percent of the total crime resistance program budget during the initial year and 20 percent in subsequent periods of funding. (f) Annually, up to a maximum of 10 percent of the total funds appropriated to the Community Crime Resistance Program may be used by the agency or agencies designated by the Director of Finance pursuant to Section 13820 to support statewide technical assistance, training, and public awareness activities relating to crime prevention. (g) Funds awarded under this program as local assistance grants shall not be subject to review as specified in Section 14780 of the Government Code. (h) Guidelines shall set forth the terms and conditions upon which the agency or agencies designated by the Director of Finance pursuant to Section 13820 is prepared to offer grants of funds pursuant to statutory authority. The guidelines do not constitute rules, regulations, orders or standards of general application. 13844. (a) Use of funds granted under the California Community Crime Resistance Program are restricted to the following activities: (1) Further the goal of a statewide crime prevention network by supporting the initiation or expansion of local crime prevention efforts. (2) Provide information and encourage the use of new and innovative refinements to the traditional crime prevention model in localities that currently maintain a well-established crime prevention program. (3) Support the development of a coordinated service network, including information exchange and case referral between such programs as local victim-witness assistance programs, sexual assault programs, gang violence reduction programs, drug suppression programs, elderly care custodians, state and local elderly service programs, or any other established and recognizable local programs devoted to the lessening of crime and the promotion of the community' s well-being. (b) With respect to the initiation or expansion of local crime prevention efforts, projects supported under the California Community Crime Resistance Program shall do either of the following: (1) Carry out as many of the following activities as deemed, in the judgment of the agency or agencies designated by the Director of Finance pursuant to Section 13820, to be consistent with available resources: (A) Crime prevention programs using tailored outreach techniques in order to provide effective and consistent services for the elderly in the following areas: (i) Crime prevention information to elderly citizens regarding personal safety, fraud, theft, grand theft, burglary, and elderly abuse. (ii) Services designed to respond to the specific and diverse crime prevention needs of elderly residential communities. (iii) Specific services coordinated to assist in the installation of security devices or provision of escort services and victim assistance. (B) Programs to provide training, information, and prevention literature to peace officers, elderly care custodians, health practitioners, and social service providers regarding physical abuse and neglect within residential health care facilities for the elderly. (C) Programs to promote neighborhood involvement such as, but not limited to, block clubs and other community or resident-sponsored anticrime programs. (D) Personal safety programs. (E) Domestic violence prevention programs. (F) Crime prevention programs specifically geared to youth in schools and school district personnel. (G) Programs which make available to residents and businesses information on locking devices, building security and related crime resistance approaches. (H) In cooperation with the Commission on Peace Officer Standards and Training, support for the training of peace officers in crime prevention and its effects on the relationship between citizens and law enforcement. (I) Efforts to address the crime prevention needs of communities with high proportions of teenagers and young adults, low-income families, and non-English-speaking residents, including juvenile delinquency diversion, social service referrals, and making available crime resistance literature in appropriate languages other than English. (2) Implement a community policing program in targeted neighborhoods that are drug infested. The goal of this program shall be to empower the people against illegal drug activity. A program funded pursuant to this chapter shall be able to target one or more neighborhoods within the grant period. In order to be eligible for funding, the program shall have the commitment of the community, local law enforcement, school districts, and community service groups; and shall be supported by either the city council or the board of supervisors, whichever is applicable. (c) With respect to the support of new and innovative techniques, communities taking part in the California Crime Resistance Program shall carry out those activities as determined by the agency or agencies designated by the Director of Finance pursuant to Section 13820, that conform to local needs and are consistent with available expertise and resources. These techniques may include, but are not limited to, community policing programs or activities involving the following: (1) Programs to reinforce the security of "latchkey" children, including neighborhood monitoring, special contact telephone numbers, emergency procedure training for the children, daily telephone checks for the children's well-being, and assistance in developing safe alternatives to unsupervised conditions for children. (2) Programs dedicated to educating parents in procedures designed to do all of the following: (A) Minimize or prevent the abduction of children. (B) Assist children in understanding the risk of child abduction. (C) Maximize the recovery of abducted children. (3) Programs devoted to developing automated systems for monitoring and tracking crimes within organized neighborhoods. (4) Programs devoted to developing timely "feedback mechanisms" whose goals would be to alert residents to new crime problems and to reinforce household participation in neighborhood security organizations. (5) Programs devoted to creating and packaging special crime prevention approaches tailored to the special needs and characteristics of California's cultural and ethnic minorities. (6) Research into the effectiveness of local crime prevention efforts including the relationships between crime prevention activities, participants' economic and demographic characteristics, project costs, local or regional crime rate, and law enforcement planning and staff deployment. (7) Programs devoted to crime and delinquency prevention through the establishment of partnership initiatives utilizing elderly and juvenile volunteers. (d) All approved programs shall utilize volunteers to assist in implementing and conducting community crime resistance programs. Programs providing elderly crime prevention programs shall recruit senior citizens to assist in providing services. (e) Programs funded pursuant to this chapter shall demonstrate a commitment to support citizen involvement with local funds after the program has been developed and implemented with state moneys. 13845. Selection of communities to receive funding shall include consideration of, but need not be limited to, the following: (1) Compliance with subdivisions (a), (b), and (c) of Section 13844. (2) The rate of reported crime, by type, including, but not limited to, the seven major offenses, in the community making the application. (3) The number of elderly citizens residing in the community compared to the degree of service to be offered by the program for the elderly population. (4) The number and ratio of elderly crime victims compared to the total senior citizen population in that community. (5) The number of teenagers and young adults residing in the community. (6) The number and ratio of crimes committed by teenagers and young adults. (7) The proportion of families with an income below the federally established poverty level in the community. (8) The proportion of non-English-speaking citizens in the community. (9) The display of efforts of cooperation between the community and their local law enforcement agency in dealing with the crime problem. (10) Demonstrated effort on the part of the applicant to show how funds that may be awarded under this program may be coordinated or consolidated with other local, state or federal funds available for the activities set forth in Section 13844. (11) Applicant must be a city or county government, or portion or combinations thereof. 13845.5. Notwithstanding Section 13845, the selection of communities to receive funding pursuant to paragraph (2) of subdivision (b) of Section 13844 shall include consideration of, but is not limited to, the following: (a) The rate of reported drug crime within the community making the application. (b) The degree to which the program proposes to empower the people within the targeted neighborhoods to combat drug crime. (c) The display of efforts of cooperation between the community and its local law enforcement agency in dealing with the drug crime problem. (d) The commitment of the targeted neighborhoods to fight the drug problem. (e) The commitment of local governmental entities to join with law enforcement and the citizens to fight the drug problem. At a minimum, this commitment shall be demonstrated by the school districts, parks and recreation departments, public social services, and code enforcement agencies. (f) The approval of the program by either the city council or the county board of supervisors. (g) Demonstrated effort on the part of the applicant to show how funds that may be awarded under this program may be coordinated or consolidated with other local, state, or federal funds available for the activities set forth in Section 13844. (h) Applicant shall be a city or county law enforcement agency, or portion, or combination thereof. 13846. (a) Evaluation and monitoring of all grants made under this section shall be the responsibility of the agency or agencies designated by the Director of Finance pursuant to Section 13820. The agency or agencies designated by the Director of Finance pursuant to Section 13820 shall issue standard reporting forms for reporting the level of activities and number of crimes reported in participating communities. The information shall be used in the biannual report to the Legislature required in subdivision (i) of Section 13843. The biannual report shall include, but not be limited to: (1) The level of volunteer participation. (2) The level of home and business security inspections. (3) The number of programs directed at senior citizens and teenagers. (4) The report due November 1, 1992, as set forth in subdivision (i) of Section 13843, shall also include the plan for implementation of the program expansion authorized pursuant to this chapter and shall include the results of a survey conducted by the agency or agencies designated by the Director of Finance pursuant to Section 13820 to determine the types of community policing programs that already exist to combat illegal drug activity in targeted neighborhoods. (b) Information on successful programs shall be made available and relayed to other California communities through the technical assistance procedures of the agency or agencies designated by the Director of Finance pursuant to Section 13820.
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