BILL ANALYSIS                                                                                                                                                                                                    







                      SENATE COMMITTEE ON PUBLIC SAFETY
                             Senator Mark Leno, Chair                A
                             2009-2010 Regular Session               B

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          AB 1439 (Solorio)                                          9
          As Amended June 30, 2009 
          Hearing date:  July 7, 2009
          Penal Code
          JM:mc

                     GANG AND YOUTH VIOLENCE PREVENTION PROGRAMS:

                   COORDINATION AND USING EVIDENCE-BASED PRACTICES

           

                                       HISTORY

          Source:  Author

          Prior Legislation: AB 1381 (Nunez) - Ch. 459, Stats. 2007

          Support: Los Angeles Police Protective League; Association for  
                   Los Angeles Deputy Sheriffs; Crime Victims United of  
                   California; Los Angeles County Probation Officers  
                   Union; Riverside Sheriffs' Association

          Opposition:None known

          Assembly Floor Vote:  Ayes 58 - Noes 12


                                      KEY ISSUES
           
          SHOULD THE DIRECTOR OF THE OFFICE OF GANG AND YOUTH VIOLENCE  
          POLICY ("OGYVP") CONSOLIDATE AND STREAMLINE EXISTING GANG AND  
          YOUTH VIOLENCE PREVENTION GRANT PROGRAMS, WITH A GOAL OF GIVING  




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          PRIORITY TO EVIDENCE-BASED PROGRAMS?

                                                                (CONTINUED)



          SHOULD THE DIRECTOR OF OGYVP BE AUTHORIZED TO CONVENE AND HEAD A  
          WORKING GROUP TO MAKE RECOMMENDATIONS FOR CONSOLIDATING PROGRAMS,  
          ALIGNING FUNDING CYCLES AND DEVELOPING COMMON GRANT APPLICATIONS?

          SHOULD THE WORKING GROUP RECOMMEND PROCEDURES AND REQUIREMENTS FOR  
          STATE ENTITIES THAT ADMINISTER GRANTS THAT WOULD PROVIDE INCENTIVES  
          FOR GRANT RECIPIENTS TO USE EVIDENCE-BASED PROGRAMS IN GANG AND  
          YOUTH VIOLENCE PREVENTION PROGRAMS?

          SHOULD THE WORKING GROUP INCLUDE REPRESENTATIVES FROM COMMUNITY  
          ORGANIZATIONS SERVING AT-RISK COMMUNITIES, LAW ENFORCEMENT,  
          EDUCATORS, THE COURTS, POLICY EXPERTS AND SCHOLARS WITH EXPERTISE IN  
          GANG MATTERS? 



                                       PURPOSE

          The purposes of this bill are to 1) require the Director of the  
          Office of Gang and Youth Violence Policy (OGYVP) to consolidate  
          and streamline existing state agency gang and youth violence  
          grant programs with a goal toward giving priority to grant  
          programs that employ evidence-based practices; 2) authorize the  
          Director of OGYVP to convene a working group, as specified, to  
          make recommendations on consolidating programs, aligning funding  
          cycles, developing common grant programs; and 3) direct the  
          working group to recommend procedures and requirements for state  
          agencies that administer grants to create incentives for grant  
          recipients to use evidence based policies in gang and youth  
          violence prevention programs.  
          
          Definition of a Street Gang
          
           Existing law  defines "criminal street gang" as an ongoing  




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          organization, association, or group of three or more persons,  
          whether formal or informal, having as one of its primary  
          activities the commission of one or more enumerated offenses,  
          having a common name or identifying sign, and whose members  
          engage in a pattern of gang activity.  (Pen. Code  186.22,  
          subd. (f).)

          Office of Gang and Youth Violence Policy
           
          Existing law  (Pen. Code  13827, subd. (b)) states the specific  
          duties of the office and the director:

                 Monitor, assess and coordinate the gang and youth  
               strategies and programs in a way that "maximizes [their]  
               effectiveness and coordination "
                 Develop comprehensive recommendations to defines its  
               mission, role and responsibilities.
                 Collaborate with community-based organizations serving  
               at-risk neighborhoods, law enforcement, courts, educators  
               and policy and academic gang experts.
                 Determine the role of the office in data collection and  
               analysis.
                 Develop a clearinghouse for research in relevant subject  
               areas.
                 Assist state and local government and non-government  
               entities in programs that include evaluations.
                 Develop sustained coordination mechanisms.
                 Identify funding sources of all kinds.
                 Provide, promote, and disseminate education and guidance  
               on effective gang and youth violence programs.
                 Provide or promote training and technical assistance.
            .
          Gang Violence Suppression Program under the California Emergency  
          Management Agency (CalEMA)
          
           Existing law  establishes the Gang Violence Suppression Program  








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          (GVSP) within the California Emergency Management Agency<1>  
          (CalEMA).  The GVSP is responsible for coordinating and  
          assisting gang prevention efforts, particularly innovative  
          strategies, among schools, parents, community organizations and  
          law enforcement agencies.  The GVSP administers various federal  
          juvenile justice and gang prevention grants, as specified.   
          (Pen. Code  13827.)

           Existing law  defines the Gang Violence Suppression Program as  
          financial and technical assistance to prosecutors, local law  
          enforcement, probation departments, school districts and county  
          education offices.  Funds for the program shall be administered  
          by the Director of the Officer of Emergency Services (CalEMA).  
          (Pen. Code  13826.1, subd. (a).)

           Existing law (Pen. Code  13826.1, subd. (c)-(d)) provides that  
          following concerning grants made under the Gang Violence  
          Suppression Program:  

                 Applications shall be made by the head or director of  
               the entity (such as the district attorney, school district  
               or community organization).
                 All funded programs shall work cooperatively to high  
               quality services and to eliminate duplicative efforts.
                 Funds dispersed under this program shall not supplant  
               local gang violence program funds.
                 The (CalEMA) executive director of the program shall  
               issue written program and administrative guidelines that  
               set forth conditions for funding.

           Existing law  provides that the director shall report annually to  
          the Legislature on the operation of the program.  (Pen. Code   
          13826.1, subd. (e).)

           Existing law  provides that grant criteria shall be developed in  
          ---------------------------
          <1> The Office of Emergency Services and the Office of Homeland  
          Security were recently merged into the California Emergency  
          Management Agency (Cal-EMA).  (Gov. Code  8585.)





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          consultation with the Gang Violence Suppression Advisory  
          Committee.  The committee shall include five district attorneys,  
          two probation chiefs, two community organization  
          representatives, three juvenile delinquency defense attorneys,  
          three law enforcement officials with gang investigation  
          experience, one "Youth Authority Gang Task Force"  
          representative, one CDCR Law Enforcement Liaison representative,  
          one DOJ representative, the Superintendent of Public  
          instruction, or a designee, one School Board Association member,  
          one representative from a relevant school program.  Five members  
          shall be from rural or predominantly suburban counties and shall  
          be designated the "Rural Gang Task Force Subcommittee," as  
          specified.  (Pen. Code  13826.1, subd. (g)-(h).) 

           Existing law  includes specified after school programs for  
          students at risk of engaging in gang and drug activity.  (Pen.  
          Code  13826.11.)

           Existing law  sets out funding priority for new agencies in the  
          program, particularly as concerns unfunded "components"  
          (probation, law enforcement, schools, et cetera).  (Pen. Code   
          13826.15.)

           Existing law  requires prosecutors receiving funding under the  
          program to establish the following:

                 "vertical" prosecution - one prosecutor handles a case  
               from charging to sentencing; 
                 assignment of highly qualified prosecutors and  
               investigators; and
                 significantly reduced caseloads.  (Pen. Code  13826.2.)

           Existing law  requires law enforcement agencies receiving funds  
          under the program to form specialized gang units to do the  
          following:

                 increase efforts to arrest hard-core gang members;
                 increase the clearance rate of gang crimes;
                 establish positive relations with and encourage  
               cooperation of local citizens, businesses and  




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               organizations;
                 assist other agencies in protecting witnesses;
                 identify and track active gang members and crime  
               patterns; and
                 collect and maintain relevant data.  (Pen. Code   
               13826.4.)

           Existing law  requires probation departments receiving funds  
          under the program to do the following: 

                 create an intensive supervision unit for gang members  
               after receiving approval from the district attorney for  
               criteria used to assign probationers to intensive gang  
               supervision;
                 inform intensely supervised gang probationers of  
               prohibited activity, as specified;
                 reduce caseloads for probation officers in the unit; and
                 coordinate supervision with prosecutors and the  
               community.  (Pen. Code  13826.5.)

           Existing law  requires community-based organizations receiving  
          funds under the program to do the following:

                 inform law enforcement and school administrators about  
               gang activity in the community;
                 provide conflict resolution for gang crises;
                 maintain a 24-hour telephone message center;
                 maintain a rumor control public telephone service;
                 provide technical assistance concerning gang activity to  
               school staff, law enforcement and community members;
                 provide recreation for gang members and potential gang  
               members
                 provide job training and placement for youth;
                 refer gang members to appropriate agencies for health,  
               mental health and drug problems; and
                 administer the Urban Corps Program (optional gang  
               suppression and prevention program, including recruitment  
               of volunteers and identification of programs), as  
               specified.  (Pen. Code  13826.6.)





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           Existing California Budget provisions and federal laws  fund  
          numerous gang suppression and prevention programs, with an  
          emphasis on law enforcement efforts.  (See, CalEMA website,  
          Crime and Gang Branch.)

           This bill  requires the Director of the Office of Gang and Youth  
          Violence Policy (OGYVP) to consolidate and streamline existing  
          state agency gang and youth violence grant programs with a goal  
          toward giving priority to grant programs that employ  
          evidence-based practices.

           This bill  authorizes the director to create a working group to  
          assist in this effort.  The working group, as is currently  
          described in Penal Code Section 13827, subdivision (b)(3), shall  
          include representatives from community organizations serving  
          at-risk communities, law enforcement, educators, the courts,  
          policy experts and scholars with expertise in gang matters.    

           This bill  provides that the Director of the Office of Gang and  
          Youth Violence Policy shall be the head of the working group  
          created by this bill.

           This bill  provides that the working group shall prepare its  
          recommendations concerning consolidation of programs, aligning  
          funding cycles, and developing common applications for grant  
          programs. 

           This bill  provides that the working group shall recommend  
          procedures and requirements for state agencies that administer  
          grants to provide incentives for grant recipients to use  
          evidence-based gang and youth violence prevention programs.

           This bill  states that the working group shall prepare its  
          recommendations on or before March 1, 2010, and shall submit a  
          final report to the Legislature and the Governor on or before  
          June 10, 2010.  

           This bill  provides that agencies that administer grant programs  
          for local assistance in gang matters shall provide incentives  
          for entities that receive grant funding to use evidence-based  




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          programs.  
          
                    RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
          
          California continues to face a severe prison overcrowding  
          crisis.  The Department of Corrections and Rehabilitation (CDCR)  
          currently has about 170,000 inmates under its jurisdiction.  Due  
          to a lack of traditional housing space available, the department  
          houses roughly 15,000 inmates in gyms and dayrooms.   
          California's prison population has increased by 125% (an average  
          of 4% annually) over the past 20 years, growing from 76,000  
          inmates to 171,000 inmates, far outpacing the state's population  
          growth rate for the age cohort with the highest risk of  
          incarceration.<2>

          In December of 2006 plaintiffs in two federal lawsuits against  
          CDCR sought a court-ordered limit on the prison population  
          pursuant to the federal Prison Litigation Reform Act.  On  
          February 9, 2009, the three-judge federal court panel issued a  
          tentative ruling that included the following conclusions with  
          respect to overcrowding:

               No party contests that California's prisons are  
               overcrowded, however measured, and whether considered  
               in comparison to prisons in other states or jails  
               within this state.  There are simply too many  
               prisoners for the existing capacity.  The Governor,  
               the principal defendant, declared a state of emergency  
               in 2006 because of the "severe overcrowding" in  
               California's prisons, which has caused "substantial  
               risk to the health and safety of the men and women who  
               work inside these prisons and the inmates housed in  
               them."  . . .  A state appellate court upheld the  
               ----------------------
          <2>  "Between 1987 and 2007, California's population of ages 15  
          through 44 - the age cohort with the highest risk for  
          incarceration - grew by an average of less than 1% annually,  
          which is a pace much slower than the growth in prison  
          admissions."  (2009-2010 Budget Analysis Series, Judicial and  
          Criminal Justice, Legislative Analyst's Office (January 30,  
          2009).)



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               Governor's proclamation, holding that the evidence  
               supported the existence of conditions of "extreme  
               peril to the safety of persons and property."  
               (citation omitted)  The Governor's declaration of the  
               state of emergency remains in effect to this day.

               . . .  the evidence is compelling that there is no  
               relief other than a prisoner release order that will  
               remedy the unconstitutional prison conditions.

               . . .

               Although the evidence may be less than perfectly  
               clear, it appears to the Court that in order to  
               alleviate the constitutional violations California's  
               inmate population must be reduced to at most 120% to  
               145% of design capacity, with some institutions or  
               clinical programs at or below 100%.  We caution the  
               parties, however, that these are not firm figures and  
               that the Court reserves the right - until its final  
               ruling - to determine that a higher or lower figure is  
               appropriate in general or in particular types of  
               facilities.

               . . .

               Under the PLRA, any prisoner release order that we  
               issue will be narrowly drawn, extend no further than  
               necessary to correct the violation of constitutional  
               rights, and be the least intrusive means necessary to  
               correct the violation of those rights.  For this  
               reason, it is our present intention to adopt an order  
               requiring the State to develop a plan to reduce the  
               prison population to 120% or 145% of the prison's  
               design capacity (or somewhere in between) within a  









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               period of two or three years.<3>

          The final outcome of the panel's tentative decision, as well as  
          any appeal that may be in response to the panel's final  
          decision, is unknown at the time of this writing.

           This bill  does not appear to aggravate the prison overcrowding  
          crisis outlined above.


                                      COMMENTS

          1. Need for This Bill  

          According to the author:

               The Office of Gang and Youth Violence Policy (OGYVP),  
               located in the California Emergency Management Agency  
               (CalEMA), identifies and evaluates gang and youth  
               violence programs and strategies, as well as funding  
               those efforts through the California Gang Reduction,  
               Intervention, and Prevention Program (CalGRIP).  The  
               Director of the OGYVP is responsible for reviewing,  
               allocating, and distributing CalGRIP grants.  In  
               creating more efficiency and accountability in the  
               CalGRIP grant disbursement process, it is necessary to  
               consolidate the volume of funding streams and give  
               priority to programs that employ evidence-based  
               practices.



          2.  California Emergency Management Agency Gang Program  

          ---------------------------
          <3>  Three Judge Court Tentative Ruling, Coleman v.  
          Schwarzenegger, Plata v. Schwarzenegger, in the United States  
          District Courts for the Eastern District of California and the  
          Northern District of California United States District Court  
          composed of three judges pursuant to Section 2284, Title 28  
          United States Code (Feb. 9, 2009).



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          The California Emergency Management Agency (CalEMA) awards and  
          supervises grants for gang violence suppression and prevention.   
          The CalEMA website states:

               The Gang Violence Section provides over $13.6 million  
               in state and federal funds to local communities to  
               combat gang violence throughout California. The  
               section provides oversight of several programs  
               supporting local law enforcement agencies,  
               prosecutor's offices, probation departments, school  
               districts, county offices of education, and community  
               based organizations.  The projects implemented with  
               these funds include gang prevention, intervention,  
               reentry, education, job training and skills  
               development, family and community services, law  
               enforcement suppression activities, vertical  
               prosecution of gang related offenses, and intensive  
               supervision of gang members on probation.  This  
               section also works to coordinate anti-gang activities  
               on a regional basis throughout the state, and supports  
               the CalGANG database providing investigative leads to  
               all law enforcement agencies throughout California.   
               In addition, the section assists local law enforcement  
               agencies in procuring body armor to enhance police  
               officer's personal safety.  The Gang Violence Section  
               works closely with the Governor's Office of Gang and  
               Youth Violence Policy to implement statewide  
               strategies addressing the serious issue of gang  
               violence throughout California.

          3.   Specific Gang Programs Administered by or Funded Through  
            CalEMA  

          CalEMA coordinates grant applications for myriad gang  
          suppression and prevention programs.  It appears that the  
          majority of funds are granted to gang suppression (arrest and  
          prosecution) programs.  The programs are subject to different  
          criteria, supervision and evaluation.  The various programs are  
          described bellow:





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          Anti-Gang Initiative (AGI)
          
          AGI is a federally-funded national program under which the U.S.  
          Attorney for a district selects government and non-profit  
          entities.  The program aims to link "prosecutors and community  
          leaders."  Specifically, the program emphasizes law-enforcement  
          coordination "with an emphasis on prevention, tactical  
          intelligence gathering, more aggressive prosecution, and  
          enhanced accountability through performance measures."  Grants  
          have been made to Los Angeles, Orange, and Riverside counties,  
          and the cities of Oakland, Richmond, Salinas, Santa Rosa, San  
          Francisco, San Jose and Watsonville for firearm, drug and  
          violent crimes.  San Joaquin and Fresno Counties receive  
          juvenile prosecution funding.  The Sacramento crime lab receives  
          funding for testing confiscated weapons.  




          Gang Violence Suppression Program (GVS)
          
          GVS is funded by an appropriation of $1,785,000 from the General  
          Fund.  CalEMA's website states that the latest grant period ran  
          from July 1, 2008, to June 30, 2009.  GVS is described as a  
          comprehensive, coordinated program of prevention, intervention  
          and suppression of violent gang activity in targeted areas.   
          Each GVS must include law enforcement, prosecution, probation,  
                                  prevention (through community-based organizations) and  
          education.  A lead agency shall be designated for each project.

          Regional Anti-Gang Intelligence-LED Policing Program
          
          Federally funded program ($1,400,000) to coordinate and plan  
          gang intelligence regionally in seven "mutual aid" regions.   
          Funding is distributed to sheriff departments in the counties of  
          Los Angeles, Ventura, Shasta, Sacramento, Tulare and San  
          Bernardino.

          Multi-Agency Gang Enforcement Consortium (MAGEC) Program
          




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          Funded by $83,700 from the General Fund in the July 1, 2008 -  
          June 30, 2009, fiscal year.  Fresno County is the sole  
          applicant.  Under the program, uniformed officers are deployed  
          in "a proactive mode" in targeted gang areas.  Officers  
          identify, apprehend and prosecute gang members who are in  
          violation of probation or parole conditions.  Officers collect  
          gang intelligence through the CALGANG system.

          CalGANG 
          
          CalGANG is a gang intelligence database for law enforcement at  
          the federal, state and local level.  Local law enforcement  
          agencies can maintain their own databases.  CalGANG received  
          $270,000 from the General Fund in the 2008-2009 fiscal year.

          CalGRIP - Gang Reduction, Intervention and Prevention Program
          
          CalGRIP makes grants to cities and community-based organizations  
          for gang prevention, intervention, reentry, education, job  
          training, and skills development.  CalGRIP is funded through the  
          Restitution Fund (otherwise mainly used to reimburse victims of  
          violent crime).  CalGRIP received $9,215,000 in the 2008-2009  
          fiscal year.  (See, Comment # 3 for a detailed discussion of  
          CalGRIP programs and funding amounts.)

          4.  Governor's Gang Violence Programs and Grants  


          Governor Schwarzenegger's website includes information about  
          gang programs funded by the administration, particularly the  
          California Gang Reduction, Intervention and Prevention Program  
          (CalGRIP).  The website states:


               Governor Schwarzenegger introduced the California Gang  
               Reduction, Intervention and Prevention (CalGRIP)  
               initiative in May of 2007 to confront the dramatic  
               increase in gangs across the state and their  
               proliferation in suburban and rural areas.  Gang  
               [members commit] murder, witness intimidation, money  




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               laundering, extortion, narcotic production and sales,  
               prostitution, human trafficking, theft and  
               counterfeiting.  In spite of an overall decrease in  
               crime in California  rates of gang-related violent  
               crime remain steady.  Below is the list of grants. 


          CENTRAL VALLEY $2,287,057


                 Fresno County $703,634- City of Sanger - $398,763; - CBO  
               - Genesis Family Center-145,107- CBO - Youth Centers of  
               America - $159,764

                 Madera County - City of Madera - $400,000

                 Sacramento County - City of Sacramento - $400,000

                 San Joaquin County - City of Stockton - $400,000

                 Stanislaus County - City of Modesto - $383,42



          BAY AREA $2,095,160


                 Alameda County $1,433,64 - City of Hayward - $400,000 -  
               City of Oakland - $400,000 - Union City - $314,103 - CBO -  
               California Youth Outreach - $160,000 - CBO - Oakland  
               Private Industry Council, Incorporated - $159,541

                 Contra Costa County - City of Richmond - $400,000

                 San Francisco County - CBO - Boys & Girls Clubs of San  
               Francisco - $160,000

                 Sonoma County - CBO - Community Action Partnership of  
               Sonoma County - $101,516





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          LOS ANGELES COUNTY $1,602,000


                 City of Los Angeles - $962,000 - CBO - African American  
               Unity Center - $160,000

                 - CBO - Children's Institute, Incorporated - $160,000-  
               CBO - Los Angeles Boys & Girls Club - $160,000 - CBO - Los  
               Angeles Brotherhood Crusade - $160,000



          SOUTHERN COUNTIES $1,999,690


                 Orange County - City of Santa Ana - $400,000

                 San Bernardino County - City of San Bernardino -  
               $400,000

                 San Diego County - City of Oceanside - $400,000

                 Santa Barbara County - City of Santa Barbara - $400,000

                 Ventura Count - City of Oxnard - $399,690











        NORTHERN COUNTIES $1,231,093





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                 EL  Dorado County - CBO - Boys & Girls Club of Lake  
               Tahoe - $154,072

                 Monterey County $517,021- City of Salinas - $357,021-  
               CBO - Second Chance Youth Program - $160,000

                 Santa Cruz County - City of Watsonville - $400,000

                 Yolo County - BO - Yolo Family Resource Center -  
               $160,000



          The Governor's website explained more fully its gang strategies:



                The ? Safe Community Partnership, a unique  
               public-private partnership between the Governor's  
               Office of Gang and Youth Violence Policy and three  
               foundations [will] provide technical assistance to  
               five cities that obtained grants to implement a proven  
               anti-violence strategy.  The three participating  
               foundations, which contributed a total of one million  
               dollars ? are The California Wellness Foundation, The  
               California Endowment and Kaiser Permanente  

               The  Partnership will [use] a strategy  regarded as  
               the most effective [in] reducing gang violence.   
               Developed in Boston in 1993 [as] Ceasefire, it has  
               been used in various cities, including Stockton.    
               [It has]  quickly and substantially reduc[ed] gang  
               violence with a "carrot and stick" approach.  Gangs  
               are ? warned ? that violence will result in the  
               prosecution of all members ? At the same time, gang  
               members are offered [the alternatives of] job training  
               and jobs.





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               In January, the  Labor and Workforce Development  
               Agency announced $5.4 million in competitive grants  
               [for]  job training and education [for] youth at risk  
               of joining gangs or seeking to leave them. Youth (aged  
               14-24) will receive a broad range of [mental health,  
               counseling vocational and educational services].



          ARE CALIFORNIA GANG CONTROL PROGRAMS COORDINATED AND CONSISTENT,  
          OR SHOULD THESE EFFORTS BE MADE PURSUANT TO A CONSISTENT  
          STRATEGY?


          5.  Evidence-Based Practices Generally

           This bill would encourage the use of evidence-based practices in  
          gang programs.  In particular, the bill provides that programs  
          that use evidence-based programs will be a priority for grants.   
          Further, the working group headed by the Director of OGYVP is  
          directed to recommend incentives for state agencies and  
          departments to use evidence-based gang programs.

          According to the University of California Irvine's Center for  
          Evidence-Based Corrections, "Evidence-based policy is an  
          approach that helps people make well-informed decisions about  
          policies and programs by putting the best available evidence  
          from research at the heart of policy development and  
          implementation.  This approach stands in contrast to  
          opinion-based policy, which relies heavily on either the  
          selective use of evidence (e.g., on single studies irrespective  
          of quality) or on the untested views of individuals or groups,  
          often inspired by ideological views and speculative conjecture."  
           (Univ. of Cal. Irvine Center for Evidence-Based Corrections,  
           (as of April 23, 2009).)









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          6. Gang Programs have Traditionally Relied Heavily on Law  
            Enforcement Suppression and have been Based on Incorrect  
            Assumptions  

          Increase in Gang Penalties and Expansion of Gang Crimes -  
          Limited Benefit in Reducing Gang Activity and Offenses
          
          California gang penalties have steadily increased over time.  A  
          crime that is committed for the benefit of a gang or in  
          association with a gang is punished much more severely than a  
          crime that is not gang-related.  For example defendants  
          convicted of gang-related crimes such as extortion and  
          residential robbery received life-term prison sentences.  The  
          reach of the gang statutes - the Street Terrorism Enforcement  
          and Prevention Act (STEP) - has increased as well.  New  
          "predicate" crimes (crimes that essentially reflect the nature  
          of a gang) now greatly outnumber the original STEP act offenses.  
           Nevertheless, the incidence of gang-related offenses and likely  
          the number of young people drawn to gangs has increased.   
          Arguably, our current approach to gang crimes - which stresses  
          arrest, conviction and severe punishment - has been less than  
          effective.

          Researchers have Concluded that Relying Mostly on Gang  
          Suppression can be Counter-Productive
          
          Gang control policies have relied largely on increasing  
          penalties and aggressive law enforcement suppression of gang  
          activity.  Gang researchers have concluded that government  
          policies that create gang cohesion and identity increases gang  
          activity and membership.  Focusing on gang suppression through  
          aggressive arrests and prosecutions has been shown to be  
          ineffective, as it may have the perverse effect of increasing  
          gang cohesion.  Suppression is helpful only as part of  
          comprehensive approach to gang problems.  Essentially, gang  
          researchers have recommended gang programs that involve the  
          entire community.  Troubled and broken communities tend to  
          produce gangs.  Suppression and intervention by outside entities  
          will not break the pattern of gang formation and participation.   




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          (Klein, The American Street Gang, Oxford Univ. Press, 1995;  
          Spergel, Evaluation of the Little Village Project; Univ. of  
          Chicago 2003;  Rice - LA Advancement  A Call to Action:   
          Comprehensive Solution to LA's Gang Violence, 2007.)    

          Popular culture includes many references to the idea that a gang  
          member is a gang member for life.  Research does not support  
          that assumption.  Malcolm Klein, a long-time gang researcher and  
          a (now retired) faculty member at the University of Southern  
          California, has published numerous books and articles on gangs  
          in Los Angeles and around the world.  Klein's most recent work -  
          written with Cheryl Maxson of the University of California,  
          Irvine - summarizes hundreds of gang studies.  Klein and Maxson  
          conclude:  "Most gang members do not remain gang members;  
          membership is a transitory status."  A major study released in  
          2004 concluded that more than half of youths who join gangs  
          sever those ties within one year."  (Klein and Maxson, Street  
          Gang Patterns and Policies (2006) Oxford Univ. Press, pp.  
          153-154.)

          On March 23, 2009, the Assembly Public Safety Committee held a  
          hearing on gang activity in California.  Paul Seave, the  
          Governor's Director of Gang and Youth Violence Policy testified  
          that the average gang member leaves the gang within a year.

          DO CALIFORNIA EFFORTS AT GANG CONTROL RELY HEAVILY ON LAW  
          ENFORCEMENT SUPPRESSION - ARREST, CONVICTION AND PUNISHMENT?

          HAVE SUPPRESSION EFFORTS BEEN EFFECTIVE IN LIMITING GANG  
          ACTIVITY?


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