BILL ANALYSIS Ó AB 310 Page 1 Date of Hearing: April 2, 2013 Chief Counsel: Gregory Pagan ASSEMBLY COMMITTEE ON PUBLIC SAFETY Tom Ammiano, Chair AB 310 (Alejo) - As Amended: March 20, 2013 SUMMARY : Adds South Monterey and Salinas Counties to the list of specified counties that have high incidences of gang violence and are included in the California Gang, Crime, and Violence Prevention Partnership Program (CGCVPP). Specifically, this bill : 1)Adds South Monterey and Salinas Counties to the list of specified counties that have high incidences of gang violence and are included in the CGCVPP administered by the Department of Justice (DOJ) 2)Appropriates $3 million from the General Fund to the DOJ for the purpose of implementing the CGCVPP Program. EXISTING LAW : 1)Authorizes the DOJ to administer the CGCVPP Program for the purpose of reducing gang, criminal activity, and youth violence in communities with a high incidence of gang violence or communities that meet specified additional criteria. (Penal Code Section 13825.2.) 2)Defines the services to be provided by community-based organizations and nonprofit agencies operating under the CGCVPP Program including, but not limited to, conflict resolution, self-esteem, recreational, educational and cultural activities. Provides that no funds shall be used for suppression, law enforcement, incarceration, or other purposes not related to prevention and deterrence. (Penal Code Section 13825.4.) 3)States that to be eligible for funding by the CGCVPP Program, community-based, and nonprofit agencies shall submit a request for funding proposal in compliance with the program requirements of the CGCVPP. The DOJ shall establish the AB 310 Page 2 minimum standards, funding schedules, and procedures for awarding grants that shall take into account specified criteria. (Penal Code Section 13825.5.) 4)Provides that up to 2% of the amounts appropriated in the Budget Act shall be transferred each year, on approval of the Director of Finance, to the DOJ to administer the CGCVPP Program, and provides that up to 3% of the amounts appropriated in the Budget Act shall be transferred to the DOJ to provide technical assistance to community-based organizations and nonprofit agencies providing services. (Penal Code Section 13825.6.) 5)Provides that the Office of Gang and Youth Violence Policy (OGYVP), located within the Emergency Management Agency ( EMA), is responsible for "identifying and evaluating state, local, and federal gang and youth violence suppression, intervention, and prevention programs and strategies, along with funding for those efforts." [Penal Code Section 13827(b).] 6)States that the OGYVP is "responsible for monitoring, assessing, and coordinating the state's programs, strategies, and funding that address gang and youth violence in a manner that maximizes the effectiveness and coordination of those programs, strategies, and resources." [Penal Code Section 13827(b).] The OGYVP is also responsible for collaborating with a wide range of state and local stakeholders to develop comprehensive recommendations "to define its mission, role, and responsibilities as a statewide entity dedicated to reducing violence and the proliferation of gangs and gang violence in California communities." [Penal Code Section 13827(b).] 7)States that the OGYVP must play a role in the collection and analysis of data on gang membership statewide and the effectiveness of various gang prevention efforts, the development of reliable and accurate sources of data to measure the scale and characteristics of California's gang problems, the development of a clearinghouse for research on gangs, at-risk youth, and prevention and intervention programs in order to identify best practices and evidence-based programming, as well as unsuccessful practices, and in order to promote effective strategies for reducing gang involvement and gang violence. [Penal Code Section 13827(b).] In AB 310 Page 3 addition, the OGYVP must play a role in assisting state and local governmental and nongovernmental entities in developing violence and gang prevention strategies, including built-in evaluation components, developing sustained coordination mechanisms among state, local, and regional entities, and identifying available or needed federal, state, regional, local, and private funding resources. [Penal Code Section 13827(b).] 8)Defines "criminal street gang" as any ongoing organization, association, or group of three or more persons, whether formal or informal, having as one of its primary activities the commission of one or more enumerated offenses, having a common name or identifying sign or symbol, and whose members engage in a pattern of gang activity. [Penal Code Section 186.22(f).] 9)Provides that a pattern of criminal gang activity can be established by a single prior offense and the crime charged in the current prosecution. [People v. Gardeley, supra, 14 Cal.4th 605, 625 (1996).] 10)Provides that it is not required that a person convicted of active participation in a street gang, or whose sentence is enhanced for committing a felony for the benefit of a gang have been involved in the conduct establishing a pattern of gang activity. [People v. Gardeley,14 Cal.4th 605, 621-622 (1996).] 11)Provides that any person who actively participates in a criminal street gang with knowledge that its members engage in or have engaged in a pattern of criminal gang activity and who promotes, furthers, or assists in any felonious conduct by members of the gang shall be punished by imprisonment in the county jail for up to one year or by 16 months, 2 or 3 years in state prison. [Penal Code Section 186.22(a).] 12)Provides that any person convicted of a felony committed for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further, or assist in criminal conduct by gang members, shall receive a sentence enhancement, as specified. [Penal Code Section 186.22(b).] 13)Provides that the minimum enhancements (in addition to the AB 310 Page 4 prison term for the underlying felony) are: a felony (other than specified) - two, three, or four years; a serious felony - five years; a violent felony - 10 years; a home invasion robbery - life with a minimum of 15 years before parole eligibility; a carjacking - life with a minimum of 15 years; a shooting from a vehicle - life with a minimum of 15 years; and extortion or witness intimidation - life with a minimum of seven years. [Penal Code Section 186.22(b).] 14)Provides that any person convicted of either a felony or misdemeanor that is committed for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members, shall be punished by imprisonment in the county jail for up to one year or by one, two, or three years in state prison. Any misdemeanor sentence, or term imprisonment as a condition of probation, must be at least 180 days in length. [Penal Code Section 186.22(d).] 15)Holds that Penal Code Section 186.22(d) is neither a substantive offense nor an enhancement. Rather, Penal Code Section 186.22(d) is an alternate penalty provision that may be imposed where a defendant is convicted of either a misdemeanor or a felony committed for the benefit of a gang. Where the defendant, for the benefit of a gang, commits what would otherwise be a misdemeanor, Penal Code Section 186.22(d) allows prosecutors to charge the defendant with either a felony or a misdemeanor. [Robert L. v. Superior Court, 30 Cal.4th 894 (2003).] 16)Defines "pattern of criminal gang activity" as the commission of two or more of enumerated offenses, provided at least one of the offenses occurred after the effective date of the statute and the last of the offenses occurred within three years after a prior offense, and the offenses were committed on separate occasions, or by two or more persons. [Penal Code Section 186.22(e).] FISCAL EFFECT : Unknown COMMENTS : 1)Author's Statement : According to the author, "Every year, crime costs millions of dollars to our communities in the form AB 310 Page 5 of stolen or damaged property, loss of work time, costs to operate the criminal justice system, and the pain and suffering of crime victims. Over the past decade researchers have identified intervention strategies and programs that reduce delinquency and save lives. It is important to invest in community-based programs that can divert first-time offenders from further encounters with the justice system. When law enforcement and communities come together to run proven programs in cities with high rates of gang activity, we have a better chance at being successful. That is why I decided to introduce AB 310, to make sure our communities are equipped with resources to stop violent crime. "The city of Salinas had the highest per capita youth murder rate in 2008 and 2009, comparative to that of Chicago. In 2008 and 2009, there were 55 homicides, more than three times the national average. Only two of the 55 homicides were unrelated to gang violence. During this same reporting period, there were more than 200 reported shootings related to gang violence. According to the Center for Disease Control and Prevention, homicide is the second leading cause of death for those between ages 15-24. "There have been too many shootings, too much violence. This funding can make a real difference in making our neighborhoods safer." 2)Argument in Support : Greg Caputa, Santa Cruz County Supervisor states, "Every year, crime costs millions of dollars to our communities in the form of stolen or damaged property, loss of work time, costs to operate the criminal justice system, and the pain and suffering of crime victims. I believe the resources should be invested in proven and successful violence prevention and intervention programs in order to prevent violence in our communities. By appropriating $3 million to the California Gang, Crime and Violence Prevention Partnership Program, we can give our communities more opportunities to fight against violence." REGISTERED SUPPORT / OPPOSITION : Support American Federation of State, County and Municipal Employees California Police Chiefs Association AB 310 Page 6 Greg Caput, Santa Cruz County Supervisor Watsonville Police Department Opposition None Analysis Prepared by : Gregory Pagan / PUB. S. / (916) 319-3744