SB 458, as introduced, Wright. Gangs: statewide database.
Existing law establishes the California Gang, Crime, and Violence Prevention Partnership Program to be administered by the Department of Justice for the purposes of reducing gang, criminal activity, and youth violence in communities with a high incidence of gang violence, as specified.
This bill would require, whenever a local law enforcement entity submits a document to the Attorney General’s office for the purpose of enrolling, or whenever a local law enforcement agency enrolls, a person who is under 18 years of age into a statewide gang database that is overseen by the Attorney General’s office, the local law enforcement entity to simultaneously send a notification to the parents or guardians of the person regarding that enrollment. By imposing new duties on local law enforcement agencies, the bill would impose a state-mandated local program.
The bill would also require, if the Attorney General’s office houses a statewide gang database, the Attorney General’s office to update policies and procedures regarding that database every 5 years.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 13825.2 of the Penal Code is amended
2to read:
(a) The California Gang, Crime, and Violence
4Prevention Partnership Program shall be administered by the
5Department of Justice for the purposes of reducing gang, criminal
6activity, and youth violence to the extent authorized pursuant to
7this chapter in communities with a high incidence of gang violence,
8including, but not limited to, the communities of Fresno, Glendale,
9Long Beach, Los Angeles, Oakland, Riverside, Santa Ana, Santa
10Cruz, San Bernardino, San Diego, San Jose, San Francisco, San
11Mateo, Santa Monica, and Venice. The department shall also
12consider communities that meet any one of the following criteria:
13(1) An at-risk youth population, as defined in subdivision (c)
14of Section 13825.4, that is significantly
disproportionate to the
15general youth population of that community.
16(2) A juvenile arrest rate that is significantly disproportionate
17to the general youth population of that community.
18(3) Significant juvenile gang problems or a high number of
19juvenile gang-affiliated acts of violence.
20(b) All state and local juvenile detention facilities, including,
21but not limited to, facilities, juvenile halls, youth ranches, and
22youth camps of thebegin delete Department of the Youth Authorityend deletebegin insert Division
23of Juvenile Facilitiesend insert, shall also be considered eligible to receive
24services through community-based organizations or nonprofit
25agencies that are
operating programs funded under this chapter.
26(c) (1) Whenever a local law enforcement entity submits a
27document to the Attorney General’s office for the purpose of
28enrolling, or whenever a local law enforcement agency enrolls, a
29person who is under 18 years of age into a statewide gang database
30that is overseen by the Attorney General’s office, the local law
31enforcement entity shall simultaneously send a notification to the
32parents or guardians of the person regarding that enrollment.
P3 1(2) If the Attorney General’s office houses a statewide gang
2database, the
Attorney General’s office shall update policies and
3procedures regarding that database every five years.
If the Commission on State Mandates determines that
5this act contains costs mandated by the state, reimbursement to
6local agencies and school districts for those costs shall be made
7pursuant to Part 7 (commencing with Section 17500) of Division
84 of Title 2 of the Government Code.
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