2009 California Penal Code - Section 13850-13854 :: Chapter 6. California Career Criminal Apprehension Program ..

PENAL CODE
SECTION 13850-13854

13850.  The Legislature hereby finds that a substantial and
disproportionate amount of serious crime is committed against the
people of California by a relatively small number of multiple and
repeat felony offenders, commonly known as career criminals. In
enacting this chapter, the Legislature intends to support increased
efforts by local law enforcement agencies to investigate and
apprehend career criminals through management, organization and
operational techniques that have been demonstrated to be effective in
selected cities and counties in this and other states, and through
advanced state-of-the-art techniques that focus law enforcement
efforts and resources on identifying persons subject to career
criminal apprehension efforts.

13851.  (a) There is hereby established in the agency or agencies
designated by the Director of Finance pursuant to Section 13820 a
program of financial, training, and technical assistance for local
law enforcement, called the California Career Criminal Apprehension
Program. All funds made available 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.
   (b) The executive director is authorized to allocate and award
funds to those local units of government or combinations thereof, in
which a special program is established in law enforcement agencies
that meets the criteria set forth in Sections 13852 and 13853.
   (c) The allocation and award of funds shall be made upon
application executed by the chief law enforcement officer of the
applicant unit of government and approved by the legislative body.
Funds disbursed under this chapter shall not supplant local funds
that would, in the absence of the California Career Criminal
Apprehension Program, be made available to support the apprehension
of multiple or repeat felony criminal offenders.
   (d) The executive director of the agency or agencies designated by
the Director of Finance pursuant to Section 13820 shall prepare and
issue administrative guidelines and procedures for the California
Career Criminal Apprehension Program consistent with this chapter.
   (e) 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.

13852.  Law enforcement agencies receiving funds under this chapter
shall employ enhanced law enforcement management efforts and
resources. Enhanced law enforcement efforts and resources shall
include, but not be limited to:
   (a) Crime analysis, which is the timely collection and study of
local crime data to perform all of the following:
   (1) Identify evolving or existing crime patterns, particularly
those involving career felony criminals.
   (2) Provide investigative leads.
   (3) Identify geographical areas or population groups experiencing
relatively severe crime victimization, in order to improve
effectiveness of crime prevention efforts.
   (4) Provide supporting data for improved allocation of overall law
enforcement agency resources.
   (b) Improved management of patrol and investigative operations
involving use of information resulting from crime analysis, which may
include participation in multijurisdictional investigative units and
measures to increase continuity of investigative efforts from the
initial patrol response through the arrest and prosecution of the
offender. Such measures may include:
   (1) Innovative personnel deployment techniques.
   (2) Innovative techniques of case screening.
   (3) Management of continuing investigations.
   (4) Monitoring of investigation operations.
   (c) (1) Each career criminal apprehension program, supported under
this chapter, shall concentrate on the identification and arrest of
career criminals and the support of their subsequent prosecution. The
determination of which suspected felony offenders shall be the
subject of career criminal apprehension efforts shall be in
accordance with written criteria developed by the applicant law
enforcement agency, consistent with Section 13853 and approved by the
head district attorney. Highly qualified and experienced personnel
shall be assigned to staff career criminal apprehension programs.
   (2) Each career criminal apprehension program as one of its
ongoing functions, shall maintain coordination with the prosecutor
assigned to each case resulting from its efforts. This coordination
should include, but not be limited to, case preparation, processing,
and adjudication.

13853.  An individual who is under investigation for the commission
or attempted commission of one or more of the felonies listed in
paragraph (1) of subdivision (a) of Section 999e and who is
determined to have committed three or more separate felony offenses
not arising out of the same transaction, or has been convicted during
the preceding 10 years for the commission or attempted commission of
any felony listed in subdivision (a), or at least two convictions
during the preceding 10 years for the commission or attempted
commission of any felony listed in subdivision (b) may be the subject
of career criminal apprehension efforts.
   (a) Robbery of the first degree, carjacking, burglary of the first
degree, arson as defined in Section 451 or 452, forcible rape,
sodomy or oral copulation committed with force, lewd or lascivious
conduct committed upon a child, kidnapping as defined in Section 209
or 209.5, murder, or manslaughter.
   (b) Grand theft, grand theft auto, receiving stolen property,
robbery of the second degree, burglary of the second degree,
kidnapping as defined in Section 207, assault with a deadly weapon or
instrument, or any unlawful act relating to controlled substances in
violation of Section 11351 or 11352 of the Health and Safety Code.
   For purposes of this chapter, the 10-year periods specified in
this section shall be exclusive of any time which the arrested person
has served in state prison.

13854.  (a) The Executive Director of the agency or agencies
designated by the Director of Finance pursuant to Section 13820,
shall develop specific guidelines, and administrative procedures, for
the selection of the California Career Criminal Apprehension
Program.
   (b) Administration of the overall program and the evaluation and
monitoring of all grants made under this chapter shall be performed
by the agency or agencies designated by the Director of Finance
pursuant to Section 13820, provided that funds expended for those
functions shall not exceed 7.5 percent of the total annual amount
made available for the purpose of this chapter.
   (c) Local assistance grants made pursuant to this chapter shall
not be subject to review pursuant to Section 10290 of the Public
Contract Code.

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