BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 565
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          Date of Hearing:  January 11, 2000
          Chief Counsel:     Harry M. Dorfman


                        ASSEMBLY COMMITTEE ON PUBLIC SAFETY 
                                  Mike Honda, Chair

                    AB 565 (Florez) - As Amended:  January 3, 2000
           

          SUMMARY  :  Establishes the Violence Prevention and Public Health  
          Act (Act) which creates the Office of Violence, Crime, and Gang  
          Prevention (Office) which is required to consolidate existing  
          prevention programs to enhance efficiency, accountability and  
          cost-effectiveness.  Specifically,  this bill  :  

          1)Requires the Office to consolidate, coordinate, and administer  
            existing state-operated programs undertaken primarily to  
            prevent at-risk youth and at-risk families from entering or  
            continuing the cycle of crime, violence and gangs.

          2)Requires the Office to provide technical assistance and  
            support to local communities, cities and counties in designing  
            and implementing programs and strategies to help youth and  
            families described in #1 above.

          3)Requires the Office to review state-operated prevention  
            programs to determine if they are community based and require  
            collaboration; if they follow the public health model and  
            approach to prevent or reduce violence, crime and gangs; 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.

          4)Requires the Office to make recommendations and changes where  
            appropriate to ensure the state-operated prevention programs  
            contain the components described in #3 above.

          5)Requires the Office to administer a grant program that makes  
            resources available to community-based efforts that take a  
            public health approach to preventing and reducing crime,  
            violence and gangs.

          6)Requires the Office to identify and disseminate information  
            regarding the availability of state, federal, public and  








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            private funding which can be used for prevention or  
            intervention.

          7)Requires the Office to apply for state, federal, public and  
            private funds that can be awarded to organizations through the  
            grant program.

          8)Requires the Office to analyze state public policy to assess  
            California's responses to crime, violence and gangs, and issue  
            recommendations to ensure the state follows the public health  
            model regarding prevention and intervention efforts.

          9)Requires the Office to evaluate existing state-operated  
            programs to determine their effectiveness.

          10)Requires the Office to develop a statewide plan for  
            consolidating, augmenting, allocating and coordinating  
            violence, crime and gang prevention programs and resources.   
            The plan shall be known as the California Violence Prevention  
            and Public Health Plan (Plan).

          11)Requires the Office to promote and advocate 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 to prevent and reduce  
            violence, crime and gangs.

          12)Requires the Office to report annually to the Legislature,  
            starting at the close of the second year of operation, no less  
            than the following information:

             a)Activities taken by the Office and their outcome;

             b)Activities taken to implement the Plan and their outcomes;

             c)The number of at-risk youth and at-risk families  
               participating in state-operated prevention programs and the  
               outcomes of their participation;

             d)The number of youth arrested for violence, crime and gang  
               activity, the disposition of their arrests, and the number  
               of youths made wards of the court; and,

             e)The number of adults arrested for violence, crime or gang  
               activity, the disposition of their arrests, and the number  








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               of adults sentenced to jail, state or federal prison.

          13)Forbids the Office from engaging in, or promoting,  
            containment or suppression-type activities that necessitate  
            the identification, monitoring or disclosure of gang members,  
            juvenile or adult offenders to law enforcement agencies.

          14)Requires that programs administered under the grant program  
            be designed to do, at a minimum, the following:

             a)Improve attitudes and behaviors towards violence, crime or  
               gangs;

             b)Identify specific goals and objectives;

             c)Take a public health model approach to preventing and  
               reducing crime;

             d)Target at-risk youth, young adults and families;

             e)Require the involvement of community-based organizations;

             f)Require collaboration with other organizations and agencies  
               where appropriate; and,

             g)Require each program to be objectively evaluated to  
               determine whether goals are being met.

          15)Specifies the types of prevention and intervention programs  
            that shall receive funding from this grant program:

             a)Community-based youth violence, crime or gang prevention or  
               early intervention programs;

             b)School-based youth violence, crime or gang intervention or  
               prevention programs;

             c)Early childhood intervention programs designed to prevent  
               violence, crime or gangs, and which serve young children  
               and families at risk;

             d)Family violence, domestic violence and sexual assault  
               prevention programs;

             e)Programs that provide shelter and support services to  








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               at-risk youth and families;

             f)Prevention programs that include alcohol and substance  
               abuse prevention efforts;

             g)Intervention programs that provide support services to  
               youth and young adults entering or exiting the juvenile  
               justice system, and their families; and,

             h)Prevention programs that include health care services. 

          16)Establishes the Plan's goal to reduce youth violence, crime  
            and gang activity to a reasonable level within 10 years, and  
            to reduce it further or maintain it at a reasonable level  
            thereafter.

          17)Requires the Plan to include the following "measurable  
            objectives":

             a)Identification of prevention and public health strategies  
               to reduce violence, crime and gang activity;

             b)Implementation of prevention and public health strategies  
               in communities experiencing "significant levels" of  
               violence, crime and gang activity;

             c)Identification and procurement of resources to assist in  
               reaching the Plan's goal;

             d)Recommendations for improving the delivery of current and  
               new prevention services; and,

             e)Evaluation of how local and state government responds to  
               youth violence and crime.

          18)The Plan shall contain the following:

             a)Current information regarding crime and violence, gangs and  
               gang activity, in California;

             b)A summary of violence, crime and gang prevention programs  
               operated by the state and the funding level allocated  
               annually to each program;

             c)Identification of gaps in prevention and early intervention  








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               programs;

             d)Identification of risk factors that make youth and families  
               vulnerable to the cycle of violence, crime and gangs;

             e)Identification of protective factors that can prevent and  
               reduce violence, crime and gangs;

             f)Identification of community guidelines for preventing and  
               reducing crime and gangs;

             g)Short-term and long-term strategies for implementing  
               protective factors;

             h)A plan to secure resources and work with local communities  
               statewide; and,

             i)Identification of state-operated programs to be  
               consolidated into the Office.

          19)Requires the Plan to be submitted to the Legislature within  
            two years of enactment.

          20)Defines at-risk youth and young adults to include persons  
            between five and twenty-five years of age who fall into no  
            less than two of the following categories:

             a)Live in a high crime or high violence neighborhood as  
               identified by state or federal agencies;

             b)Live in a low-income neighborhood as identified by the U.S.  
               Census Bureau;

             c)Excessively absent from school or performing poorly in  
               school;

             d)Come from socially dysfunctional families as diagnosed by a  
               social service or health professional;

             e)Have been emotionally, physically, or sexually abused;

             f)Have entered the juvenile justice system;

             g)Are identified by the juvenile justice system as being at  
               risk;








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             h)Are current or former gang members;

             i)Have one or more family members who are current or former  
               gang members;

             j)Are wards of the court; or,

             aa)  Have recently been released from the California Youth  
               Authority, juvenile hall, boot camp, or other state or  
               local governmental youth detention facility.

          21)Defines at-risk families to include one of the following two  
            circumstances:

             a)Include at least one at-risk youth or young adult; or,

             b)Have been identified as at risk of engaging in negligent,  
               abusive or criminal behavior.

          22)Mandates the transfer to the Office the following programs  
            "within one to two years" of this bill being enacted into law:

             a)The California Gang, Crime, and Violence Prevention  
               Partnership Program from the Office of the Attorney  
               General;

             b)The At-Risk Youth Early Intervention Program, the Juvenile  
               Crime Enforcement and Accountability Challenge Grant  
               Program, and the Repeat Offender Prevention Grant Program  
               from the Board of Corrections;

             c)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 from the California  
               Department of Education; and,

             d)The Community Alternatives to Violence Program, and the  
               Juvenile Crime Prevention Initiative Program from the  
               Department of Social Services.

          23)Declares the Legislature's intent that each program mentioned  
            in #22 above continue to receive funding if they are found to  
            be "promising or effective in preventing or reducing violence,  








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            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 towards violence, crime and  
            gangs."

          24)Authorizes the Office to enter into a memorandum of  
            understanding with state departments operating any program  
            described in #22 above in order to allow the department to  
            continue to operate a program if it is scheduled to terminate  
            within one year of the date the program is transferred to the  
            Office.

          25)Requires formation of an advisory board (Board) to meet at  
            least four times a year to carry out the following duties:

             a)Provide direction and make recommendations regarding the  
               activities, priorities, and policies of the Office;

             b)Provide input and recommendations for the Plan;

             c)Take a visible and active role to inform the public of the  
               need to expand and fund public health and prevention  
               strategies which can prevent and reduce violence, gangs and  
               crime;

             d)Develop relationships with the public and private sector  
               for purposes of applying for and securing resources for the  
               grant program;

             e)Help the Office promote prevention programs in local  
               communities; and,

             f)Help the Office develop 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.

          26)Names the following individuals to the Board:

             a)The Director of the Office of Criminal Justice Planning  
               (OCJP);

             b)The Director of the Department of Health Services;

             c)The Director of the Department of the California Youth  








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               Authority;

             d)A chief probation officer to be appointed by the Governor;

             e)A local law enforcement officer to be appointed by the  
               Governor;

             f)A health professional with expertise in violence, crime or  
               gang prevention issues to be appointed by the Director of  
               OCJP;

             g)A social or health practitioner having expertise in  
               violence, crime or gang prevention to be appointed by the  
               Director of OCJP;

             h)A criminologist or juvenile justice expert having  
               specialized knowledge regarding violence, crime or gang  
               prevention issues to be appointed by the Director of OCJP;

             i)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 OCJP;

             j)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 OCJP;

             aa)  Two youth members under 25 who have experience in  
               programs, services, or activities relation to preventing  
               violence, crime or gangs;

             bb)  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 OCJP;

             cc)  A representative of the community-based organization  
               that provides alcohol abuse education, prevention, or  
               treatment services to be appointed by the Director of OCJP;  
               and,

             dd)  A representative of the community-based organization  








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               that provides substance abuse education, prevention, or  
               treatment services to be appointed by the Director of OCJP.

          27)Creates the Youth Violence, Crime, and Gang Prevention Fund  
            in the State Treasury as the deposit for funds received from  
            private, state or federal sources, and authorizes the Office,  
            upon appropriation by the Legislature, to use these funds to  
            carry out the purpose of this bill.  Moneys received will also  
            be used to fund the Runaway Youth and Families in Crisis  
            Project, and the California Gang, Crime and Violence  
            Prevention Partnership Program.

          28)Mandates that funds for the Office shall increase annually  
            between 5 to 10% until the operating budget of the Office  
            equals the operating budget of the Department of the Youth  
            Authority.

           EXISTING LAW  :

          1)Establishes the Gang Violence Suppression Program within the  
            OCJP to assist law enforcement agencies, school districts and  
            community-based organizations primarily engaged in the  
            suppression of gang violence.  (Penal Code Section 13826 et  
            seq.)

          2)Establishes the California Community Crime Resistance Program  
            whose broad goal is to initiate or expand crime prevention  
            efforts, including gang violence reduction programs, among  
            others.  (Penal Code Section 13840 et seq.)

          3)Establishes the Suppression of Drug Abuse in Schools Program  
            within the OCJP.  (Penal Code Section 13860 et seq.)

          4)Establishes the California Gang, Crime, and Violence  
            Prevention Partnership Program to be administered by the  
            Department of Justice and whose goal is to reduce gang  
            activity, crime and youth violence in specified communities  
            across the state.  (Penal Code Section 13825.1 et seq.)

           FISCAL EFFECT  :  Unknown

           COMMENTS  :   

           1)Author's Statement.   "While recognizing the need to punish  
            those who commit crimes in California, there is also a need to  








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            try and prevent crime, violence, and gang activity among  
            California's youth.  AB 565 will help ensure greater  
            efficiency in our juvenile crime prevention efforts by  
            consolidating existing programs into one office.  AB 565  
            differs from other juvenile crime prevention bills by  
            providing a clear definition of 'at-risk youth,' allowing the  
            Office of Violence, Crime and Gang Prevention to take a  
            proactive approach in 
          juvenile crime prevention and intervention." 

           2)How Much Funding for Such a Large Undertaking?   This bill is  
            an expanded version of AB 235 (Kuehl) which was held in  
            Appropriations.  AB 235 appropriated $375,000 "to support the  
            staffing, research, and operations of the authority from  
            January 1, 2000 to June 30, 2000."  This bill does not set a  
            precise figure for its operations.  How much will this Office  
            cost?

           3)Why Should This Operating Budget Grow to Match the Youth  
            Authority Operating Budget?   Although this Office by  
            definition will oversee numerous state-operated programs  
            dealing with youth and gang violence, the terms of this bill  
            provide that the Office's operating budget will eventually  
            equal the operating budget of the Youth Authority.  The  
            operating budget of the Youth Authority for 1999-2000 is  
            $426.9 million, which includes $19.9 million in local  
            assistance and $26.7 million in capital outlays.

           4)Related Legislation.   AB 235 (Kuehl) is currently on the  
            Assembly Inactive file.

           5)Prior Legislation.   SB 483 (Schiff) and SB 822 (Lockyer) of  
            the 1997-98 Legislative Session were vetoed.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support  

          YMCA Community Services
          Center for Non-Partisan Public Policy Development
          Fresno County Economic Opportunities Commission
          Fresno Barrios Unidos
          Boys & Girls Clubs of Fresno County
          Hollywood Community Services
          Community Development Institute








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          Familias Unidas
          Round Valley Indian Health Center, Inc.
          Los Padrinos Youth Services
          SafeHouse
          Libreria del Pueblo, Inc.
          Three Private Citizens

           Opposition  

          None on file
           
          Analysis Prepared by  : Harry Dorfman / PUB. S. / (916) 319-3744