2009 California Penal Code - Section 14110-14121 :: Title 10. Community Violence Prevention And Conflict ResolutionPENAL CODE
14110. The Legislature finds the following: (a) The incidence of violence in our state continues to present an increasing and dominating societal problem that must be addressed at its root causes in order to reduce significantly its effects upon our society. (b) As an initial step toward that goal, the Legislature passed Assembly Bill No. 23 of the 1979-80 Regular Session which created the California Commission on Crime Control and Violence Prevention which was charged with compiling the latest research on root causes of violence, in order to lay the foundation for a credible, effective violence eradication program. (c) The commission produced a final report in 1982 entitled "Ounces of Prevention," which established that long-term prevention is a valuable and viable public policy and demonstrated that there are reachable root causes of violence in our society. (d) The report contains comprehensive findings and recommendations in 10 broad categorical areas for the removal of individual, familial, and societal causal factors of crime and violence in California. (e) The recommendations in the report are feasible and credible, propose an effective means of resolving conflict and removing the root causes of violence in our society, and should be implemented, so that their value may be provided to our citizenry. 14111. The Legislature further finds that: (a) It is in the public interest to translate the findings of the California Commission on Crime Control and Violence Prevention into community-empowering, community-activated violence prevention efforts that would educate, inspire, and inform the citizens of California about, coordinate existing programs relating to, and provide direct services addressing the root causes of, violence in California. (b) The recommendations in the report of the commission can serve as both the foundation and guidelines for short-, intermediate-, and long-term programs to address and alleviate violence in California. (c) It is in the public interest to facilitate the highest degree of coordination between, cooperation among, and utilization of public, nonprofit, and private sector resources, programs, agencies, organizations, and institutions toward maximally successful violence prevention and crime control efforts. (d) Prevention is a sound fiscal, as well as social, policy objective. Crime and violence prevention programs can and should yield substantially beneficial results with regard to the exorbitant costs of both violence and crime to the public and private sectors. (e) The agency or agencies designated by the Director of Finance pursuant to Section 13820 is the appropriate state agency to contract for programs addressing the root causes of violence. 14112. The Legislature therefore intends: (a) To develop community violence prevention and conflict resolution programs, in the state, based upon the recommendations of the California Commission on Crime Control and Violence Prevention, that would present a balanced, comprehensive educational, intellectual, and experiential approach toward eradicating violence in our society. (b) That these programs shall be regulated, and funded pursuant to contracts with the agency or agencies designated by the Director of Finance pursuant to Section 13820. 14114. (a) First priority shall be given to programs that provide community education, outreach, and coordination, and include creative and effective ways to translate the recommendations of the California Commission on Crime Control and Violence Prevention into practical use in one or more of the following subject areas: (1) Parenting, birthing, early childhood development, self-esteem, and family violence, to include child, spousal, and elderly abuse. (2) Economic factors and institutional racism. (3) Schools and educational factors. (4) Alcohol, diet, drugs, and other biochemical and biological factors. (5) Conflict resolution. (6) The media. (b) At least three of the programs shall do all of the following: (1) Use the recommendations of the California Commission on Crime Control and Violence Prevention and incorporate as many of those recommendations as possible into its program. (2) Develop an intensive community-level educational program directed toward violence prevention. This educational component shall incorporate the commission's works "Ounces of Prevention" and "Taking Root," and shall be designed appropriately to reach the educational, ethnic, and socioeconomic individuals, groups, agencies, and institutions in the community. (3) Include the imparting of conflict resolution skills. (4) Coordinate with existing community-based, public and private, programs, agencies, organizations, and institutions, local, regional, and statewide public educational systems, criminal and juvenile justice systems, mental and public health agencies, appropriate human service agencies, and churches and religious organizations. (5) Seek to provide specific resource and referral services to individuals, programs, agencies, organizations, and institutions confronting problems with violence and crime if the service is not otherwise available to the public. (6) Reach all local ethnic, cultural, linguistic, and socioeconomic groups in the service area to the maximum extent feasible. 14114.5. Other programs shall include subdivisions (a) and (f) of Section 14114 and may include public lectures or sponsoring of conferences, or both. 14115. (a) First priority programs may additionally provide specific direct services or contract for those services in one or more of the program areas as necessary to carry out the recommendations of the commission when those services are not otherwise available in the community and existing agencies do not furnish them. Direct services may include, but are not limited to, any of the following: (1) Training seminars for law enforcement and human service agencies and operatives. (2) Crisis intervention training and counseling. (3) Casework and program consultation with local human service providers. (4) Drug and alcohol counseling and treatment referral. (5) Conflict resolution training and services, including the principles and practices of conflict mediation, arbitration, and "citizen tribunal" programs. (b) All direct services are subject to Section 5328 of the Welfare and Institutions Code. 14116. Second priority shall be given to programs that conform to the requirements of Section 14114, except that the educational component of subdivision (f) of that section shall not be mandatory in each subject area, but shall be provided in at least three of those areas, and the programs shall provide specific direct services or contract for services in one or more program areas. 14117. (a) Each program shall have a governing board or an interagency coordinating team, or both, of at least nine members representing a cross section of existing and recipient, community-based, public and private persons, programs, agencies, organizations, and institutions. Each team shall do all of the following: (1) As closely as possible represent the socioeconomic, ethnic, linguistic, and cultural makeup of the community and shall evidence an interest in and commitment to the categorical areas of violence prevention and conflict resolution. (2) Be responsible for the implementation, evaluation, and operation of the program and all its constituent elements, including those specific direct services as may be provided pursuant to Section 14115. (3) Be accountable for the distribution of all funds. (4) Designate and appoint a responsible administrative authority acceptable to the agency or agencies designated by the Director of Finance pursuant to Section 13820 prior to the receipt of a grant. (5) Submit an annual report to the agency or agencies designated by the Director of Finance pursuant to Section 13820 which shall include information on all of the following: (A) The number of learning events. (B) The number of persons trained. (C) An overview of the changing level of information regarding root causes of violence. (D) An overview of the changing level of attitude regarding root causes of violence. (E) The changing level of behavior regarding root causes of violence. (F) The degree to which the program has been successful in satisfying the requirements set forth in subdivisions (e) and (f) of Section 14114. (G) Other measures of program efficacy as specified by the agency or agencies designated by the Director of Finance pursuant to Section 13820. (b) Coordinating teams established under this section may adopt local policies, procedures, and bylaws consistent with this title. 14118. (a) The agency or agencies designated by the Director of Finance pursuant to Section 13820 shall prepare and issue written program, fiscal, and administrative guidelines for the contracted programs that are consistent with this title, including guidelines for identifying recipient programs, agencies, organizations, and institutions, and organizing the coordinating teams. The agency or agencies designated by the Director of Finance pursuant to Section 13820 shall then issue a request for proposals. The responses to the request for proposals shall be rated according to the priorities set forth in subdivision (b) and additional criteria established by the guidelines. The highest rated responses shall be selected. The agency or agencies designated by the Director of Finance pursuant to Section 13820 shall do all of the following: (1) Subject the proposed program and administrative guidelines to a 30-day period of broad public evaluation with public hearings commencing in May 1985, prior to adoption, including specific solicitation of input from culturally, geographically, socioeconomically, educationally, and ethnically diverse persons, programs, agencies, organizations, and institutions. (2) Provide adequate public notice of the public evaluation around the state in major metropolitan and rural newspapers and related media outlets, and to local public, private, and nonprofit human service executives and advisory boards, and other appropriate persons and organizations. (3) Establish a mechanism for obtaining, evaluating, and incorporating when appropriate and feasible, public input regarding the written program and administrative guidelines prior to adoption. (b) Applicants for contracts under this title may be existing community-based public and nonprofit programs, agencies, organizations, and institutions, newly developed nonprofit corporations, or joint proposals from combinations of either or both of the above. 14119. (a) The agency or agencies designated by the Director of Finance pursuant to Section 13820 shall promote, organize, and conduct a series of one-day crime and violence prevention training workshops around the state. The agency or agencies designated by the Director of Finance pursuant to Section 13820 shall seek participation in the workshops from ethnically, linguistically, culturally, educationally, and economically diverse persons, agencies, organizations, and institutions. (b) The training workshops shall have all of the following goals: (1) To identify phenomena which are thought to be root causes of crime and violence. (2) To identify local manifestations of those root causes. (3) To examine the findings and recommendations of the California Commission on Crime Control and Violence Prevention. (4) To focus on team building and interagency cooperation and coordination toward addressing the local problems of crime and violence. (5) To examine the merits and necessity of a local crime and violence prevention effort. (c) There shall be at least three workshops. 14120. (a) Programs shall be funded, depending upon the availability of funds, for a period of two years. (b) The agency or agencies designated by the Director of Finance pursuant to Section 13820 shall provide 50 percent of the program costs, to a maximum amount of fifty thousand dollars ($50,000) per program per year. The recipient shall provide the remaining 50 percent with other resources which may include in-kind contributions and services. The administrative expenses for the pilot programs funded under Section 14120 shall not exceed 10 percent. (c) Programs should be seeking private sector moneys and developing ways to become self-sufficient upon completion of pilot program funding. (d) The recipient programs shall be responsible for a yearend independent audit. (e) The agency or agencies designated by the Director of Finance pursuant to Section 13820 shall do an interim evaluation of the programs, commencing in July 1986, and shall report to the Legislature and the people with the results of the evaluation prior to October 31, 1986. The evaluation shall include, but not be limited to, an assessment and inventory of all of the following: (1) The number of learning events. (2) The number of persons trained. (3) The changing level of information regarding root causes of violence. (4) The changing level of attitude regarding root causes of violence. (5) The changing level of behavior regarding root causes of violence. (6) The reduced level of violence in our society. (7) The degree to which the program has succeeded in reaching and impacting positively upon local ethnic, cultural, and socioeconomic groups in the service area. A final evaluation shall be made with a report prior to October 31, 1987, which shall also include specific recommendations to the Legislature and the people of this state regarding methods and means by which these violence prevention and crime control programmatic efforts can be enhanced and improved. 14121. The agency or agencies designated by the Director of Finance pursuant to Section 13820 may hire support staff and utilize resources necessary to carry out the purposes of this title.
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