BILL ANALYSIS AB 565 Page 1 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 AB 565 Page 2 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 AB 565 Page 3 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 AB 565 Page 4 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 AB 565 Page 5 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; AB 565 Page 6 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, AB 565 Page 7 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 AB 565 Page 8 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 AB 565 Page 9 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 AB 565 Page 10 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 AB 565 Page 11 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