BILL NUMBER: AB 565 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JANUARY 3, 2000
AMENDED IN ASSEMBLY SEPTEMBER 10, 1999
INTRODUCED BY Assembly Members Florez, Briggs, and Havice
FEBRUARY 19, 1999
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 An act to add Chapter 2.5
(commencing with Section 13814) to Title 6 of Part 4 of the Penal
Code, relating to youthful offenders.
LEGISLATIVE COUNSEL'S DIGEST
AB 565, as amended, Florez. Youthful offenders : prevention
programs .
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.
This bill would establish a grant program to provide funding for
specified types of prevention and intervention programs for youthful
offenders. It also would create within the Office of Criminal
Justice Planning, the Office of Violence, Crime, and Gang Prevention
to administer the grant program, develop a statewide plan for
consolidating, augmenting, allocating, and coordinating violence,
crime, and gang programs and resources, and to report annually to the
Legislature, as specified.
Vote: majority. Appropriation: no. Fiscal committee:
no yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
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.
(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.
(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.
(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.
SECTION 1. Chapter 2.5 (commencing with Section 13814) is added to
Title 6 of Part 4 of the Penal Code, to read:
CHAPTER 2.5. VIOLENCE PREVENTION AND PUBLIC HEALTH ACT
13814. This chapter shall be known and may be cited as the
Violence Prevention and Public Health Act.
13814.2. The Legislature finds and declares all of the following:
(a) Violence and crime are public health issues and must be
treated through a public health approach that (1) identifies risk
factors that contribute to the occurrence of crime and violence, (2)
implements protective factors to prevent and reduce crime and
violence, and (3) implement community guidelines for preventing,
reducing and intervening in the commission of crime and violence.
(b) The United States Department of Justice has estimated that
crime costs four hundred ninety billion dollars ($490,000,000,000)
per year in the form of stolen or damaged property, loss of
productivity to society, loss of work time, costs to operate law
enforcement and the criminal justice system, and pain and suffering
of victims. While these costs can be quantified in monetary terms,
it is the intangible costs of crime, namely fear, isolation, anger,
and loss of trust, that can never truly be quantified or compensated
for.
(c) The health-related costs of crime and violence are enormous.
The average cost to treat a gunshot victim in California in 1993 was
approximately twenty-five thousand eight hundred eighty-three dollars
($25,883). In 1993 it cost seven hundred three million dollars
($703,000,000) in direct medical care to treat wounded gunshot
victims and fatalities. Over 80 percent of the medical care provided
to gunshot victims were uncompensated costs that were passed on to
the California public in 1995.
(d) There are approximately 55 state programs that can be
classified as violence, crime, or gang prevention programs and that
are operated by 11 state departments within six separate agencies.
Of these programs, approximately 17 target at-risk youth and young
adults and are specifically designed to prevent or reduce violence,
crime, or gang activity, while only a few programs specifically
follow the public health model approach.
(e) Consolidating many of the state's violence, crime, and gang
prevention programs into one office will result in greater
efficiency, cost-effectiveness, and the sharing of resources,
information, and experience. The Little Hoover Commission, and the
Task Force to Review Juvenile Crime and the Juvenile Justice Response
have both recommended that youth violence and crime prevention
programs be consolidated into a single state agency to ensure greater
effectiveness.
(f) There is a practical and strong need to improve many of the
state's current prevention programs by requiring that they do all of
the following:
(1) Target at-risk and young adults and at-risk families.
(2) Be community based and collaborative.
(3) Follow the public health model approach for preventing or
reducing violence, crime, and gang activity.
(4) Identify measurable goals and objectives, including the
improvement of attitudes and behaviors toward violence, crime, and
gangs.
(5) Be evaluated to ensure that goals and objectives are being met
and that attitudes and behaviors are being improved.
(g) California has no comprehensive plan or strategy for
preventing violence, crime, and gang activity through preventive,
public health approaches.
(h) Despite recent declines in the arrest and conviction rates of
violent, criminal, and gang offenders, the number of victims,
arrests, and convictions remain unacceptably high.
(i) California expends a significant amount of its resources for
law enforcement, incarceration, courts, prosecution, and public
defense, approximately fifteen billion five hundred million dollars
($15,500,000,000) in 1994-95, while spending under two hundred fifty
million dollars ($250,000,000) for prevention programs targeting
at-risk youth and young adults.
(j) The criminal justice approach to violence, crime, and gang
activity cannot adequately bring violence, crime, and gang activity
to an acceptable level, and must be balanced with other strategies,
such as the prevention and public health approach, that can serve,
prevent, and reduce violence, crime, and gang activity.
(k) There is a strong and practical need to develop new prevention
policies to require the following:
(1) At-risk youth and young adults and at-risk families are
targeted to receive services, support, or activities.
(2) Prevention efforts be community based and collaborative.
(3) Prevention efforts follow the public health model approach for
preventing or reducing violence, crime, and gang activity.
(4) Prevention efforts identify measurable goals and objectives,
including the improvement of attitudes and behaviors toward violence,
crime, and gangs.
(5) Prevention efforts are evaluated to ensure that goals and
objectives are being met and that attitudes and behaviors are being
improved.
(l) Local communities need assistance and resources for developing
and implementing effective strategies and programs to prevent,
intervene, and reduce violence, crime, and gang activity.
(m) It is the intent of the Violence Prevention and Public Health
Act that the Office of Violence, Crime, and Gang Prevention be
created to prevent and reduce violence, crime, and gang activity
through preventive and public health strategies, that existing
prevention programs be consolidated into and coordinated by the
office for purposes of efficiency and cost-effectiveness, that
existing prevention programs be improved to ensure effectiveness and
accountability, that a statewide plan be developed to ensure that
prevention strategies are carried out throughout the state in a
methodical and effective manner, and that new policy be established
to fill in gaps in services that can prevent and reduce at-risk youth
and young adults and at-risk families from beginning or continuing
the cycle of violence, crime, or gangs. However, in consolidating
existing prevention programs into the office, it is not the
Legislature's intent that resources for those programs be eliminated,
reduced, or affected in any way.
13814.3. (a) The Office of Violence, Crime, and Gang Prevention
is hereby created within the Office of the Criminal Justice Planning.
(b) The duties and responsibilities of the office shall include,
but not be limited to, all of the following:
(1) Consolidating, coordinating, and administering existing
state-operated programs that are undertaken primarily for purposes of
preventing at-risk youth and young adults and at-risk families from
entering or continuing the cycle of crime, violence, and gangs.
These programs do not include those programs operated by local
government, such as probation programs.
(2) Providing technical assistance and support to local
communities, cities, and counties in designing and implementing
effective programs and strategies for preventing and reducing the
number of at-risk youth and young adults and at-risk families from
engaging in crime, violence, and gangs.
(3) Reviewing state-operated violence, crime, and gang prevention
programs to determine if they are community based and require
collaboration, if they follow the public health model approach in
preventing or reducing violence, crime, and gang activity, if they
identify specific goals and objectives, if they require measurable
outcomes such as changes in attitudes and behaviors, and if each
program requires effective evaluation of the program, and making
recommendations and changes where appropriate to ensure these
programs contain these components.
(4) Administering a grant program as described in Section 13814.9
that makes resources available to community-based efforts that take a
public health approach to preventing and reducing crime, violence,
and gangs.
(5) Identifying and disseminating information regarding the
availability of state, federal, public, and private funding which can
be used for violence, crime, or gang prevention or intervention
activities and services.
(6) Applying for funding from state, federal, public, and private
sources that can be awarded to organizations through the grant
program.
(7) Analyzing state public policy to assess California's responses
to crime, violence, and gangs, and issuing recommendations to ensure
the state follows the public health model approach in undertaking
significant and effective prevention and intervention efforts to
prevent and reduce violence, crime, and gangs.
(8) Evaluating existing state-operated prevention and intervention
programs to determine their effectiveness in preventing or reducing
violence, crime, and gangs, as well as in improving attitudes toward
violence, crime, and gangs.
(9) Developing a statewide plan for consolidating, augmenting,
allocating, and coordinating violence, crime, and gang prevention
programs and resources. The plan shall be developed with the input
and approval of the advisory board described in Section 13814.8 and
shall be known as the California Violence Prevention and Public
Health Plan.
(10) Promoting and advocating at all levels of government for the
provision, expansion, and funding of effective community-based
prevention and public health programs as part of a balanced strategy
for preventing and reducing violence, crime, and gangs.
(11) Reporting annually to the Legislature, beginning at the close
of the second year of operation, no less than the following
information:
(A) Activities taken by the office and their outcomes.
(B) Activities taken to implement the California Violence
Prevention and Public Health Plan, and their outcomes.
(C) The number of at-risk youth and young adults and at-risk
families, as defined in this chapter, participating in violence,
crime, and gang prevention programs operated by the state and by the
office, and the outcomes of their participation.
(D) The number of youth arrested for violence, crime, or gang
activity, the disposition of their arrest, and the number of youth
made wards of the courts.
(E) The number of adults arrested for violence, crime or gang
activity, the disposition of their arrest, and the number of adults
sentenced to jail, state or federal prison.
(12) The office shall not engage, promote, or otherwise support
containment or suppression-type activities which include, but are not
limited to, types of activities that require the identification,
monitoring, or disclosure of gang members, juvenile, or adult
offenders to law enforcement agencies.
13814.4. (a) A grant program is hereby established to carry out
the goals specified in subdivision (b), and shall be administered by
the Office of Crime, Violence, and Gang Prevention in accordance with
the provisions of this chapter.
(b) Programs administered under the grant program required by this
section shall be designed at a minimum to do
the following:
(1) Improve attitudes and behaviors toward violence, crime, or
gangs.
(2) Identify specific goals and objectives.
(3) Take a public health model approach to preventing and reducing
crime by identifying risk factors, implementing protective factors,
and undertaking community campaign efforts.
(4) Target at-risk youth and young adults, including both males
and females and those in or exiting the juvenile justice system, and
at-risk families.
(5) Require the involvement of community-based organizations.
(6) Require collaboration with other organizations and agencies
where appropriate.
(7) Require that each program be objectively evaluated to
determine whether attitudes and behaviors toward violence, crime, or
gangs are being improved and whether program goals and objectives are
being met.
(c) This grant program shall provide funding to, but not be
limited to, funding the following types of prevention and
intervention programs:
(1) Community-based youth violence, crime, or gang prevention or
early intervention programs.
(2) School-based youth violence, crime, or gang prevention
programs.
(3) Early childhood intervention programs designed to prevent
violence, crime, or gangs, and which serve young children and
families at risk.
(4) Family violence, domestic violence, and sexual assault
prevention programs.
(5) Programs that provide shelter and support services to at risk
youth and their families.
(6) Prevention programs that include alcohol and substance abuse
prevention efforts.
(7) Intervention programs that provide support services to youth
and young adults in or exiting the juvenile justice system, and their
families.
(8) Prevention programs that include health care services.
13814.5. (a) The goal of the California Violence Prevention and
Public Health Plan is to reduce youth violence, crime and gang
activity to a reasonable level within 10 years, and to reduce it
further or to maintain it at a reasonable level thereafter. The plan
shall contain measurable objectives for reaching this goal, which
shall include, but not be limited to, the following:
(1) Identification of effective and promising prevention and
public health strategies that can reduce violence, crime and gang
activity.
(2) Implementation of effective and promising prevention and
public health strategies in communities experiencing significant
levels of violence, crime or gang activity.
(3) The identification and procurement of resources which can
assist in reaching the plan's goal.
(4) Recommendations for improving the effective delivery of
current and new prevention services, including the consolidation and
coordination of such services.
(5) An evaluation of how local and state government responds to
youth violence, crime and gang activity and recommendations for
improving these responses.
(6) Evaluation efforts to determine whether prevention and public
health strategies are reducing youth violence, crime and gang
activity.
(b) The statewide California Violence Prevention and Public Health
Plan shall contain the following:
(1) Current information regarding the commission of crime and
violence in California, gangs and gang activity, research on the
effectiveness and cost-effectiveness of violence, crime, and gang
prevention programs and strategies, and any other pertinent
information.
(2) A summary of violence, crime, and gang prevention programs
operated by the state, and the level of funding allocated annually to
such programs.
(3) Identification of "gaps" in prevention and early intervention
policies and services at the state and local levels.
(4) Identification of risk factors that place at-risk youth and
young adults and at-risk families at risk for entering or continuing
the cycle of violence, crime, or gangs.
(5) Identification of protective factors that can prevent and
reduce violence, crime, or gangs.
(6) Identification of community guidelines for preventing and
reducing violence, crime, and gangs.
(7) Short-term and long-term strategies and plans for implementing
protective factors and community guidelines which can prevent and
reduce violence, crime, and gang activity in each county of
California that experiences significant violence, crime, or gang
activity.
(8) A plan for securing resources and working with local
communities to implement these strategies and plan throughout the
state.
(9) An identification of state-operated prevention and
intervention programs which shall be consolidated into the office and
an identification of those programs which shall be coordinated with
by the office.
(c) In developing the plan, the office and advisory board shall
take in consideration existing prevention and intervention efforts
being carried out, such as those undertaken by the California
Children and Families First Commission, and attempt to coordinate and
collaborate with and complement those efforts, where appropriate.
The office and advisory board shall also consider developing
short-term and long-term strategies and implementing them on a pilot
basis in certain counties and regions of the state.
(d) The plan shall be submitted to the Legislature within two
years of the enactment of this chapter.
13814.6. (a) For purposes of this chapter at-risk youth and young
adults are defined to include, but not be limited to, persons
between the ages of five and 25 years who fall into no less than two
of the following categories:
(1) Live in a high crime or high violence neighborhood as
identified by state or federal agencies.
(2) Live in a low-income neighborhood as identified by the United
States Census Bureau.
(3) Are excessively absent from school or performing poorly in
schools.
(4) Come from socially dysfunctional families as diagnosed by a
social service or health professional.
(5) Have been emotionally, physically, or sexually abused.
(6) Have entered the juvenile justice system.
(7) Are identified by the juvenile justice system as being at
risk.
(8) Are current or former gang members.
(9) Have one or more family members who are current or former gang
members.
(10) Are wards of the court, as defined in Section 601 or 602 of
the Welfare and Institutions Code.
(11) Have recently been released from the California Youth
Authority, juvenile hall, boot camp, or other state or local
governmental youth detention facility.
(b) At-risk families are defined to include, but not limited to,
families that meet one of the following two circumstances:
(1) Are comprised of at least one at-risk youth or young adult as
defined in this section.
(2) Have been identified as at risk of engaging in negligent,
abusive, or criminal behavior.
13814.7. (a) The following state programs and the personnel that
operate them shall be transferred into the Office of Violence, Crime,
and Gang Prevention within one to two years of enactment of this
chapter in accordance with a plan adopted by the Legislature:
(1) From the office of the Attorney General, the California Gang,
Crime, and Violence Prevention Partnership Program.
(2) From the Board of Corrections, the At-Risk Youth Early
Intervention Program, the Juvenile Crime Enforcement and
Accountability Challenge Grant Program, and the Repeat Offender
Prevention Grant Program.
(3) From the California Department of Education, the Conflict
Resolution and Youth Mediation Program, the Gang Risk Intervention
Program Grant, the High Risk Youth Education and Public Safety
Program, and the Targeted Truancy and Public Safety Program.
(4) From the Department of Social Services, the Community
Alternatives to Violence Program, and the Juvenile Crime Prevention
Initiative Program.
(b) In consolidating the programs specified in subdivision (a),
into the Office of Violence, Crime and Gang Prevention, it is the
intent of the Legislature that these programs continue to receive
funding subject to applicable legislation, if they are found to be
promising or effective in preventing or reducting violence, crime or
gang activity, and if they are found to be promising or effective in
improving attitudes and behaviors of at-risk youth, young adults or
families toward violence, crime and gangs.
(c) The office shall not be precluded from entering into a
memorandum of understanding with state departments operating any of
the programs identified in this section for purposes of allowing the
state departments to continue operating any of those programs if the
program is schedule to terminate within one year of the date the
program is to be transferred to the office.
(d) The office and the advisory board shall develop the plan for
transferring these programs into the office in a timely and orderly
fashion.
13814.8. (a) An advisory board shall be formed to meet at least
four times a year and to carry out the following duties:
(1) Provide direction and make recommendations regarding the
activities, priorities, and policies of the office.
(2) Provide input and recommendations for the statewide prevention
plan to be developed by the office pursuant to paragraph (9) of
subdivision (b) of Section 13814.3.
(3) Take a visible and active role to inform the public of the
need for expanding and funding public health and prevention
strategies which can effectively prevent and reduce violence, gangs,
and crime.
(4) Develop relationships with the public and private sector for
purposes of applying for and securing resources for the grant
program.
(5) Assist the office in promoting prevention programs and
strategies in local communities.
(6) Assist the office in developing state prevention and
intervention policy that "fill in the gap" in existing policy
relating to at-risk youth, young adults, and wards under the
jurisdiction of the juvenile justice system.
(b) The advisory board shall be comprised of the following
members:
(1) The Director of the Office of Criminal Justice Planning.
(2) The Director of the Department of Health Services.
(3) The Director of the Department of the California Youth
Authority.
(4) A chief probation officer to be appointed by the Governor.
(5) A local law enforcement officer to be appointed by the
Governor.
(6) A health professional with expertise in violence, crime, or
gang prevention issues to be appointed by the Director of the Office
of Criminal Justice Planning.
(7) A social or health practitioner having expertise in violence,
crime, or gang prevention matters to be appointed by the Director of
the Office of Criminal Justice Planning.
(8) A criminologist or juvenile justice expert having specialized
knowledge with violence, crime or gang prevention matters to be
appointed by the Director of the Office of Criminal Justice Planning.
(9) A representative of a school district or county office of
education that has implemented a collaborative, school-based
violence, crime or gang prevention program, to be appointed by the
Director of the Office of Criminal Justice Planning.
(10) Representatives of no less than three community-based
organizations that follow the public health model approach in
preventing or reducing youth violence, crime, or gang activity to be
appointed by the Director of the Office of Criminal Justice Planning.
(11) Two youth members under the age of 25 years who have
experience in programs, services, or activities relating to
preventing violence, crime, or gangs.
(12) Two members who shall be former youth offenders or former
gang members who are presently working in a community-based setting
to prevent youth from engaging or continuing the cycle of violence,
crime, or gangs, to be appointed by the Director of the Office of
Criminal Justice Planning.
(13) A representative of the community-based organization that
provides alcohol abuse education, prevention, or treatment services
to be appointed by the Director of the Office of Criminal Justice
Planning.
(14) A representative of a community-based organization that
provides substance abuse education, prevention, or treatment services
to be appointed by the Director of the Office of Criminal Justice
Planning.
13814.9. (a) The Youth Violence, Crime, and Gang Prevention Fund
is hereby created in the State Treasury. Funds received from
private, state, or federal sources for violence, crime, or gang
prevention purposes may be deposited into the fund. Upon
appropriation for those purposes by the Legislature, these funds
shall be used by the Office of Youth Violence, Crime, and Gang
Prevention to carry out the purposes of this chapter. Funds received
by the office shall also be used to fund the Runaway Youth and
Families in Crisis Project as enacted pursuant to Chapter 1065 of the
Statutes of 1998 for the purpose of providing services in the
Central Valley, northern California and in southern California, and
to the California Gang, Crime and Violence Prevention Partnership
Program, as enacted pursuant to Chapter 885 of the Statutes of 1997,
for the purpose of providing services to the 30 grantees who were
awarded funds in 1998 under that chapter and who have satisfactorily
met their contract obligations.
(b) Funding for the Office of Youth Violence, Crime, and Gang
Prevention shall come from the General Fund in an amount equal to
____ percent of the operating budget of the Department of the Youth
Authority, and shall increase annually by between 5 percent and 10
percent until the operating budget of the office equals the operating
budget of the Department of the Youth Authority.