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
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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
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<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
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<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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