BILL NUMBER: AB 1498	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member De Leon

                        FEBRUARY 27, 2009

   An act to amend Section 13826.1 of the Penal Code, relating to
crime prevention.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1498, as introduced, De Leon. Crime prevention: gang violence.
   Existing law establishes the Gang Violence Suppression Program to
provide financial and technical assistance for district attorneys'
offices, school districts, and other local agencies and
organizations. Existing law provides guidelines, procedures, and
reporting requirements for the program. Existing law establishes
criteria for funding this program and requires that gang violence
prosecution units receiving funds under this program concentrate
enhanced prosecution efforts and resources upon specified
gang-related cases.
   This bill would authorize school districts to enter into memoranda
of understanding with local city attorney and district attorney
offices to ensure the safety of their students pursuant to the
program.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 13826.1 of the Penal Code is amended to read:
   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. 
   (j) Local school districts may enter into memoranda of
understanding with local city attorney and district attorney offices
to ensure the safety of their students pursuant to this chapter.