BILL NUMBER: AB 565	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY   SEPTEMBER 10, 1999

INTRODUCED BY   Assembly  Member   Members
Florez, Briggs, and  Havice

                        FEBRUARY 19, 1999

    An act to add Section 259 to the Welfare and Institutions
Code, relating to juveniles.   An act to amend Sections
8482.3, 8482.6, and 8483.7 of the Education Code, to add Section
13825.7 to the Penal Code, and to add Sections 749.28 and 1794 to the
Welfare and Institutions Code, relating to youthful offenders. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 565, as amended,  Havice   Florez  .
 Juveniles:  graffiti offenses:  pilot project 
 Youthful offenders  . 
   Existing law establishes the After School Learning and Safe
Neighborhoods Partnerships Program that consists of 2 components:  an
educational and literacy component that provides academic tutoring,
and an educational enrichment component that may provide, among other
things, recreation and prevention activities.  Existing law
authorizes a local education agency or a city, county, or nonprofit
organization in partnership with a local education agency or agencies
to apply to establish a program.
   This bill would require the 2 components of the program to
additionally provide mentoring, community-based recreational
activities, cultural and diversity activities, social competency
skills, problem solving skills, decisionmaking skills, and, where
appropriate, anger management.  The bill would require an after
school program to enter into a partnership with a community-based
organization to provide services not offered by the school as part of
the education and literacy component or the educational enrichment
component, to provide adequate resources to the community-based
organization to provide services not offered by the school as part of
the education and literacy component or the educational enrichment
component, to provide adequate resources to the community-based
organization so that it may provide those services, and to offer
training programs on child development and parenting skills for
parents of pupils participating in the program.  The bill would
require a parent or guardian of a pupil participating in the program
to participate in the child development and parenting training
offered by the program, where feasible, and at least one of the
parents of a child participating in the program to actively
participate in no less than one of the activities in which their
child is participating throughout the course of the program.
   Existing law makes every school that establishes an After School
Learning and Safe Neighborhoods Partnerships Program eligible to
receive a 3-year renewable incentive grant and a supplemental grant
to operate the program during any combination of summer,
intersession, or vacation periods.  Existing law requires each
program to provide at least 50% cash or in-kind local matching funds
from the school district, governmental agencies, community
organizations, or the private sector for each dollar received in
grant funds and prohibits using facilities and space usage to fulfill
the match requirement.
   This bill would require every school that establishes an after
school program to expend no less than 50% of the program grant funds
to provide outreach services to, and to serve, at-risk youth, as
defined.
   Existing law establishes the California Gang, Crime, and Violence
Prevention Partnership Program, the Juvenile Crime Enforcement and
Accountability Challenge Grant Programs, and the Runaway Youth and
Families in Crises Projects, as specified.
   This bill would set forth the intent of the Legislature to
maintain funding for the California Gang, Crime, and Violence
Prevention Partnership Program, and require counties participating in
the Juvenile Crime Enforcement and Accountability Challenge Grant
Programs to revise their local plans, as specified.  
   Existing law specifies certain types of punishment for misdemeanor
violations by minors of offenses involving graffiti, as specified.
   This bill would authorize the establishment of a pilot project in
the Los Padrinos District of the Los Angeles County Superior Court to
bring together minors convicted of those offenses, their parents,
the victims of the offense, and the judge, hearing officer, or
referee, to determine the appropriate disposition of the minor's
case, as specified. 
   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 259 is added to the Welfare and Institutions
Code, to read:
   259.  (a) Upon approval by the presiding judge of the juvenile
court, there shall be established in the Los Padrinos District of the
Superior Court of the County of Los Angeles a pilot program pursuant
to which minors who have been convicted of an offense described in
subdivision (b) shall, prior to the entry of an order disposing of
the minor's case, meet with all involved parties, including the minor'
s parents or guardian, the victims of the offenses or a
representative of the victims, and the judge, juvenile hearing
officer, or referee, for the purpose of determining the appropriate
disposition of the minor's case.  That disposition may consist of the
punishment specified in the Penal Code for the offense committed or
an alternative form of disposition as specified in Section 258 or as
determined by the minor and the involved parties at the meeting.  If
the minor and the involved parties are able to agree on an
appropriate disposition, the judge, referee, or juvenile hearing
officer shall enter an order accordingly.
   (b) This section shall apply to minors who have been convicted of
a misdemeanor violation of Section 594 of the Penal Code involving
graffiti, as defined in that section, or a violation of Section 594.1
or 594.2 of the Penal Code.  
  SECTION 1.  In order to further the public safety of California and
its residents, the Legislature hereby approves the augmentation of
the California Gang, Crime, and Violence Prevention Partnership
Program, the Runaway Youth and Families in Crisis Project, the
Juvenile Crime Enforcement and Accountability Challenge Grant
Program, and the After School Learning and Safe Neighborhoods
Partnerships Program with the objective of further preventing and
reducing gang, crime, and violent activity in communities throughout
California.
  SEC. 2.  Section 8482.3 of the Education Code is amended to read:

   8482.3.  (a) The After School Learning and Safe Neighborhoods
Partnerships Program shall be established to serve pupils in
kindergarten and grades 1 to 9, inclusive, at participating
elementary, middle, and junior high schoolsites.
   (b) A program may operate on one or multiple schoolsites.  If a
program operates at multiple schoolsites, only one application shall
be required for its establishment.
   (c) An after school program established pursuant to this article
shall consist of the following two components:
   (1) An educational and literacy component whereby tutoring or
homework assistance is provided in one or more of the following
areas:  language arts, mathematics, history and social science, or
science.
   (2) A component whereby educational enrichment, which may include,
but need not be limited to, recreation and prevention activities, is
provided.
   (d)  The two components described in subdivision (c) shall
also consist of mentoring, community-based recreational activities,
cultural and diversity activities, social competency skills, problem
solving skills, decisionmaking skills, and, where appropriate, anger
management.
   (e) An after school program shall enter into a partnership with a
community-based organization to provide services not offered by the
school as part of the education and literacy component or the
educational enrichment component and shall provide adequate resources
to the community-based organization so that it may provide those
services.
   (f) An after school program shall offer training programs on child
development and parenting skills for parents of pupils participating
in the program.  These training programs shall be offered at
community sites, for example, at community centers, apartment
complexes, schoolsites, and other places that are conveniently
located for parental attendance.
   (g)  Applicants for programs established pursuant to this
article may include any of the following:
   (1) A local education agency.
   (2) A city, county, or nonprofit organization in partnership with,
and with the approval of, a local education agency or agencies.

   (e)  
   (h)  Applicants for grants pursuant to this article shall
ensure that each of the following requirements is fulfilled, if
applicable:
   (1) The application documents the commitments of each partner to
operate a program on that schoolsite or schoolsites.
   (2) The application has been approved by the school district and
the principal of each schoolsite.
   (3) Each partner in the application agrees to share responsibility
for the quality of the program.
   (4) The application designates the public agency or local
education agency partner to act as the fiscal agent.  For purposes of
this section, "public agency" means only a county board of
supervisors or, where the city is incorporated or has a charter, a
city council.
   (5) Applicants agree to follow all fiscal reporting and auditing
standards required by the State Department of Education.   
  SEC. 3.  Section 8482.6 of the Education Code is amended to read:

   8482.6.   (a)  Every pupil attending a school operating
an after school program pursuant to this article is eligible to
participate in the program, subject to program capacity.   An
 
   (b) An  after school program established pursuant to this
article is not required to charge family fees or conduct individual
eligibility determination based on need or income.  
   (c) Where feasible, a parent or guardian of a pupil participating
in the program shall participate in the child development and
parenting training offered by the program.
   (d) At least one of the parents of a child participating in the
program shall actively participate in no less than one of the
activities in which their child is participating throughout the
course of the program.   
  SEC. 4.  Section 8483.7 of the Education Code is amended to read:

   8483.7.  (a) It is the intent of the Legislature that a minimum of
fifty million dollars ($50,000,000) be appropriated for the program
established pursuant to this article, through the annual Budget Act.
Of the funds appropriated for the program, 50 percent shall be
reserved for programs that operate at elementary schools and 50
percent shall be reserved for programs that operate at middle and
junior high schools.  If there are not a sufficient number of
qualified applicants to use all of the funding in one category, the
remaining funds may be used for qualified applicants in the other
category.
   (b) (1) Every school that establishes a program pursuant to this
article is eligible to receive a three year renewable incentive
grant, subject to annual reporting and recertification as required by
the State Department of Education, for up to five dollars ($5) per
day per pupil, with a maximum total grant amount of seventy-five
thousand dollars ($75,000) for each regular school year for each
elementary school and one hundred thousand dollars ($100,000) for
each regular school year for each middle or junior high school.
   (2) For large schools, the maximum total grant amounts described
in paragraph (1) may be increased based on the following formulas, up
to a maximum amount of twice the respective limits specified in
paragraph (1):
   (A)  For elementary schools, multiply seventy-five dollars ($75)
by the number of pupils enrolled at the schoolsite for the normal
schoolday program that exceeds 600.
   (B) For middle schools, multiply seventy-five dollars ($75) by the
number of pupils enrolled at the schoolsite for the normal schoolday
program that exceeds 900.
   (3) A school that establishes a program pursuant to this article
is eligible to receive a supplemental grant to operate the program
during any combination of summer, intersession, or vacation periods
for a maximum of the lesser of the following amounts:
   (A) Five dollars ($5) per day per pupil.
   (B) Thirty percent of the total grant amount awarded to the school
per school year pursuant to this subdivision.
   (4) Each program shall provide at least 50 percent cash or in-kind
local matching funds from the school district, governmental
agencies, community organizations, or the private sector for each
dollar received in grant funds.  Neither facilities nor space usage
may fulfill the match requirement.
   (c)  Every school that establishes an after school program
shall expend no less than 50 percent of the funds it receives
pursuant to this article to provide outreach services to, and to
serve, at-risk youth.  For purposes of this subdivision at-risk youth
means youth who are eligible for enrollment in kindergarten or any
of grades 1 to 9, inclusive, and meet two or more of the following
criteria:
   (1) Live in a community with a high rate of crime, violence, or
gang activity or a low economic community.
   (2) Are excessively absent from school, doing poorly in school, or
have dropped out of school.
   (3) Come from a clinically defined dysfunctional family.
   (4) Have had one or more contacts with the police.
   (5) Are gang members or former gang members or have a family
relative who is a gang member or former gang member.
   (6) Has exhibited a pattern of violent or delinquent behavior.
   (d)  The administrator of a program established pursuant to
this article may supplement, but not supplant existing funding for
after school programs with grant funds awarded pursuant to this
article.  State categorical funds for remedial education activities
shall not be eligible as matching funds for those after school
programs.  
   (d)  
   (e)  Up to 15 percent of the initial year's grant amount for
each grant recipient may be utilized for startup costs.  Under no
circumstance shall funding for startup costs result in an increase in
the grant recipient's total funding above the approved grant amount.
   
  SEC. 5.  Section 13825.7 is added to the Penal Code, to read:
   13825.7.  It is the intent of the Legislature to fund the
California Gang, Crime, and Violence Prevention Partnership Program
annually at no less than six million dollars ($6,000,000) per year to
existing projects that are satisfactorily meeting their contract
obligations.
  SEC. 6.  Section 749.28 is added to the Welfare and Institutions
Code, to read:
   749.28.  All counties participating in the program under this
article shall amend their local plans within 90 days of the enactment
of this section to include prevention and early intervention
activities which target at-risk youth.  These activities shall be
conducted by community-based organizations and other entities which
meet all of the following criteria:
   (a) They have been operating for no less than two years to provide
effective prevention or early intervention services which positively
affect attitudes or behaviors, or both, toward crime, gangs, and
violence.
   (b) They follow the public health model approach by (1)
identifying risk factors of the population to be targeted; (2)
implementing protective factors to prevent or reduce crime and
violence in the particular community to be served; and (3) designing
community guidelines for prevention and early interventions.
   (c) The target at-risk youth who are defined as persons between
the ages of 5 and 25, inclusive, who meet two or more of the
following criteria:  (1) they live in a high crime or violence
community, (2) they live in a law economic community, (3) they are
excessively absent from school or doing poorly in school, (4) they
come from a dysfunctional family, (5) they have had one or more
contacts with the police, (6) they are gang or former gang members,
and (7) they have a family member or members who are gang or former
gang members.
   (d) They objectively evaluate the effectiveness of their
prevention and intervention activities to ensure that participants
are positively affecting the attitudes and or behaviors of the
at-risk youth they are serving.
  SEC. 7.  Section 1794 is added to Article 5.4 (commencing with
Section 1790) of Chapter 1 of Division 2.5 of the Welfare and
Institutions Code, to read:
   1794.  (a) At least four qualified project applicants shall each
receive funding of approximately seven hundred twenty-five thousand
dollars ($725,000) for one year.  However, one of the four applicants
shall receive funding to provide services in a county where there is
a demonstrable need and no existing runaway youth shelters or
transitional living shelters for youth.
   (b) Between 10 percent and 15 percent of an applicant's award
shall be used to secure an independent evaluation of the applicant's
services for purposes of determining, at a minimum, (1) whether
runaway shelter support services are preventing runaway youth from
entering the juvenile justice system and whether such services are
successfully returning runaway youth to the home of their parent or
guardian or to an alternative living condition where reunification is
not possible, (2) whether transitional living program services are
effectively enabling participants to live independent, law-abiding
and reasonably functional lifestyles, and (3) whether family in
crisis services are preventing families from engaging in neglectful,
abusive, or criminal behavior and whether such services are enabling
family members to successfully function together in the same
household.
   (c) Up to three percent of the amount allocated under this section
may be used by the Office of Criminal Justice Planning for
expenditure as necessary to administer, monitor, evaluate, and report
the results of this project.
   (d) It is the intent of the Legislature to fund this project
annually at no less than six million dollars ($6,000,000) per year.