BILL NUMBER: AB 157 CHAPTERED 09/29/99 CHAPTER 564 FILED WITH SECRETARY OF STATE SEPTEMBER 29, 1999 APPROVED BY GOVERNOR SEPTEMBER 28, 1999 PASSED THE ASSEMBLY SEPTEMBER 10, 1999 PASSED THE SENATE SEPTEMBER 8, 1999 AMENDED IN SENATE SEPTEMBER 3, 1999 AMENDED IN SENATE JUNE 29, 1999 AMENDED IN ASSEMBLY JUNE 2, 1999 AMENDED IN ASSEMBLY MAY 28, 1999 AMENDED IN ASSEMBLY APRIL 19, 1999 AMENDED IN ASSEMBLY MARCH 8, 1999 INTRODUCED BY Assembly Members Reyes, Ashburn, Briggs, Cardoza, Florez, and Machado (Coauthors: Senators Costa and Poochigian) JANUARY 15, 1999 An act to add and repeal Title 11.5 (commencing with Section 14170) of Part 4 of the Penal Code, relating to crime prevention, and making an appropriation therefor. LEGISLATIVE COUNSEL'S DIGEST AB 157, Reyes. Crime prevention. Existing law authorizes the County of Tulare to develop within a specified period the Rural Crime Prevention Demonstration Project to be administered by the county district attorney's office pursuant to a joint powers agreement with the county sheriff's office for a 3-year period. The parties to the agreement are required to establish a rural crime task force that is required to develop crime control techniques, encourage timely reporting of crimes, and evaluate the results of these activities. The staff for the project is selected by the sheriff and the district attorney as specified. The provisions authorizing the project are repealed as of January 1, 2000. This bill would instead declare that the County of Tulare has developed the above-named project and that the parties to the agreement have formed a task force. The bill would authorize the Counties of Tulare, Fresno, Kern, Kings, Madera, Merced, San Joaquin, and Stanislaus to develop the Rural Crime Prevention Program, modeled on the above-described Rural Crime Prevention Demonstration Project, as specified. The bill would provide that it is the intent of the Legislature that the $3,541,000 appropriated in the Budget Act of 1999 for the purposes of this program be allocated among the counties, as specified. The bill would further provide that the Legislative Analyst shall, by December 31, 2000, prepare and submit to the Legislature a detailed cost-benefit analysis of the entire program, and that $100,000 shall be appropriated for this purpose. The bill would further provide that the title shall become inoperative on June 30, 2000, and that provisions authorizing the program shall be repealed as of January 1, 2001. Appropriation: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Title 11.5 (commencing with Section 14170) is added to Part 4 of the Penal Code, to read: TITLE 11.5. RURAL CRIME PREVENTION PROGRAM 14170. (a) It is the intent of the Legislature in enacting this measure to enhance crime prevention efforts by establishing a pilot program to strengthen the ability of law enforcement agencies in rural areas to detect and monitor agricultural- and rural-based crimes. (b) The County of Tulare has developed the Rural Crime Demonstration Project administered by the Tulare County District Attorney's Office under a joint powers agreement with the Tulare County Sheriff's Office entered into pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code. The parties to that agreement formed a task force to include the Office of the Tulare County Agricultural Commissioner. The task force is an interactive team working together to develop problem solving and crime control techniques, to encourage timely reporting of crimes, and to evaluate the results of these activities. The task force conducts joint operations in order to facilitate investigative coordination. The task force consults with experts from the United States military, the California Military Department, the Department of Justice, other law enforcement entities, and various other state and private organizations as deemed necessary to maximize the effectiveness of the task force. Media and community support have been solicited to promote the task force. The Rural Crime Demonstration Project has proven its cost effectiveness. It is appropriate that the project be expanded into a program that will allow the County of Tulare to continue to operate the task force formed under the above described joint powers agreement, and to permit the Counties of Fresno, Kern, Kings, Madera, Merced, San Joaquin, and Stanislaus to establish their own programs, pursuant to the provisions of this title, and to collectively establish a task force for the prevention of rural crime in those counties. (c) The Legislature finds and declares that California has experienced an escalation in agricultural crimes in general, both property and personal, and that there has been no concentrated effort applied to the prevention of crimes against the agricultural industry. Currently, no national or state agency keeps track of statistics on agricultural and rural crime. According to media reports, this state lost millions of dollars worth of crops, livestock, and equipment in 1994 and 1995. A majority of these crimes occurred in agricultural-based counties. However, there has been no effort on the part of any state or local agency to accurately record these types of crimes. The Legislature further finds and declares that there are no state or local law enforcement agencies in this state with programs that are specially designed to detect or monitor agricultural- and rural-based criminal activities. In addition, local law enforcement agencies do not possess the jurisdictional authority, investigative facilities, or data systems to coordinate a comprehensive approach to the state's agricultural and rural crime problem. The Legislature additionally finds and declares that the proliferation of agricultural and rural crime in the various rural counties of this state is a threat to the vitality of our rich agrarian tradition. Agricultural and rural crime, if left unchecked, endangers an entire industry that is vital to America's continued economic role in the world, and therefore requires a proactive response from the Legislature. The intent of the Legislature in authorizing the Rural Crime Prevention Program pursuant to this act is to provide for the protection and safety of the state's agriculture industry by creating statewide standards and methods of detecting and tracking agrarian and rural crime. 14171. (a) Each of the Counties of Fresno, Kern, Kings, Madera, Merced, San Joaquin, Stanislaus, and Tulare may develop within its respective jurisdiction a Rural Crime Prevention Program, which shall be administered by the county district attorney's office of each respective county under a joint powers agreement with the corresponding county sheriff's office entered into pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code. (b) The parties to each agreement shall form a regional task force that shall be known as the Rural Crime Task Force, that includes the respective county office of the county agricultural commissioner, the county district attorney, the county sheriff, and interested property owner groups or associations. The task force shall be an interactive team working together to develop crime prevention, problem solving, and crime control techniques, to encourage timely reporting of crimes, and to evaluate the results of these activities. The task force shall operate from a joint facility in order to facilitate investigative coordination. The task force shall also consult with experts from the United States military, the California Military Department, the Department of Justice, other law enforcement entities, and various other state and private organizations as deemed necessary to maximize the effectiveness of this program. Media and community support shall be solicited to promote this program. Each of the designated counties shall adopt rules and regulations for the implementation and administration of this program. (1) In order to receive funds for this program, each designated county shall agree to participate in a regional task force, to be known as the Rural Crime Task Force, and shall appoint a representative to that task force. (2) The Rural Crime Task Force shall develop rural crime prevention programs containing a system for reporting rural crimes, as defined in paragraph (4) of subdivision (d), that enables the swift recovery of stolen goods and the apprehension of criminal suspects for prosecution. The task force shall develop computer software and use communication technology to implement the reporting system, although the task force is not limited to the use of these means to achieve the stated goals. (c) The staff for each program shall consist of the personnel designated by the district attorney and sheriff for each county in accordance with the joint powers agreement. 14172. By September 30, 2000, each designated county shall prepare and submit to the Legislative Analyst a detailed cost-benefit analysis of the entire program, wherein the cost to operate the program shall be measured against savings realized from crime prevention, crime suppression, and the number of prosecutions resulting from the program. These savings shall include the reduction of economic loss resulting from crime during the life of the project. The Legislative Analyst shall evaluate the program, in consultation with the Office of Criminal Justice Planning, and shall present its evaluation, including a detailed cost-benefit analysis of the entire program, to the Governor, the Joint Legislative Budget Committee, and the fiscal committees of the Legislature, by December 31, 2000. 14173. It is the intent of the Legislature that the sum of three million five hundred forty-one thousand dollars ($3,541,000) appropriated for the purposes of this act in Schedule (vy) of Item 8100-101-0001 of the Budget Act of 1999 be distributed, in the following amounts: Fresno ............................. $792,625 Kern ............................... 592,625 Kings .............................. 292,625 Madera ............................. 192,625 Merced ............................. 292,625 San Joaquin ........................ 292,625 Stanislaus ......................... 292,625 Tulare ............................. 692,625 14174. The sum of one hundred thousand dollars ($100,000) is hereby appropriated from the General Fund, Schedule (vy) of Item 8100-101-0001 of the Budget Act of 1999, to the Legislative Analyst for the costs of preparing an evaluation of the Rural Crime Prevention Program, including a detailed cost-benefit analysis of the entire program, as required by Section 14172. 14175. This title shall become inoperative on June 30, 2000, and, is repealed as of January 1, 2001, unless a later enacted statute, which is enacted before January 1, 2001, deletes or extends the dates on which the title becomes inoperative and is repealed.