BILL ANALYSIS
------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 1439|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: AB 1439
Author: Solorio (D)
Amended: 8/18/09 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 7/7/09
AYES: Leno, Benoit, Cedillo, Hancock, Huff, Steinberg,
Wright
SENATE APPROPRIATIONS COMMITTEE : 13-0, 7/23/09
AYES: Kehoe, Cox, Corbett, Denham, Hancock, Leno, Oropeza,
Price, Runner, Walters, Wolk, Wyland, Yee
ASSEMBLY FLOOR : 58-12, 5/26/09 - See last page for vote
SUBJECT : Gang and youth violence prevention programs:
coordination
and using evidence-based practices
SOURCE : Author
DIGEST : This bill requires, as specified, 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, authorizes the Director of the Office of Gang
and Youth Violence Policy to convene a working group, as
specified, to make recommendations on consolidating
programs, aligning funding cycles, developing common grant
CONTINUED
AB 1439
Page
2
programs, and directs the working group to recommend
procedures for state agencies that administer grants to
create incentives for grant recipients to use evidence
based policies in gang and youth violence prevention
programs.
ANALYSIS :
Definition of a Street Gang
Existing law defines "criminal street gang" as an ongoing
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.
(Section 186.22, subdivision (f) of the Penal Code)
Office of Gang and Youth Violence Policy (OGYVP)
Existing law (Section 13827, subdivision (b) of the Penal
Code) states the specific duties of the office and the
director:
1. Monitor, assess and coordinate the gang and youth
strategies and programs in a way that "maximizes [their]
effectiveness and coordination "
2. Develop comprehensive recommendations to define its
mission, role and responsibilities.
3. Collaborate with community-based organizations serving
at-risk neighborhoods, law enforcement, courts,
educators and policy and academic gang experts.
4. Determine the role of the office in data collection and
analysis.
5. Develop a clearinghouse for research in relevant subject
areas.
6. Assist state and local government and non-government
entities in programs that include evaluations.
AB 1439
Page
3
7. Develop sustained coordination mechanisms.
8. Identify funding sources of all kinds.
9. Provide, promote, and disseminate education and guidance
on effective gang and youth violence programs.
10.Provide or promote training and technical assistance.
Gang Violence Suppression Program (GVSP) under the
California Emergency Management Agency (CalEMA)
Existing law establishes the GVSP within 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.
(Section 13827 of the Penal Code)
Existing law defines the GVSP 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 CalEMA. (Section 13826.1, subdivision (a) of
the Penal Code)
Existing law (Section 13826.1, subdivisions (c)-(d) of the
Penal Code) provides that following concerning grants made
under the GVSP:
1. Applications shall be made by the head or director of
the entity (such as the district attorney, school
district or community organization).
2. All funded programs shall work cooperatively to high
quality services and to eliminate duplicative efforts.
3. Funds dispersed under this program shall not supplant
local gang violence program funds.
4. The CalEMA executive director of the program shall issue
written program and administrative guidelines that set
forth conditions for funding.
AB 1439
Page
4
Existing law provides that the director shall report
annually to the Legislature on the operation of the
program. (Section 13826.1, subdivision (e) of the Penal
Code)
Existing law provides that grant criteria shall be
developed in 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 Department
of Corrections and Rehabilitation 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.
(Section 13826.1, subdivisions (g)-(h) of the Penal Code)
Existing law includes specified after school programs for
students at risk of engaging in gang and drug activity.
(Section 13826.11 of the Penal Code)
Existing law sets out funding priority for new agencies in
the program, particularly as concerns unfunded "components"
(probation, law enforcement, schools, et cetera). (Section
13826.15 of the Penal Code)
Existing law requires prosecutors receiving funding under
the program to establish the following:
1. "Vertical" prosecution - one prosecutor handles a case
from charging to sentencing.
2. Assignment of highly qualified prosecutors and
investigators.
3. Significantly reduced caseloads. (Section 13826.2 of
the Penal Code)
AB 1439
Page
5
Existing law requires law enforcement agencies receiving
funds under the program to form specialized gang units to
do the following:
1. Increase efforts to arrest hard-core gang members.
2. Increase the clearance rate of gang crimes.
3. Establish positive relations with and encourage
cooperation of local citizens, businesses and
organizations.
4. Assist other agencies in protecting witnesses.
5. Identify and track active gang members and crime
patterns.
6. Collect and maintain relevant data. (Section 13826.4 of
the Penal Code)
Existing law requires probation departments receiving funds
under the program to do the following:
1. 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.
2. Inform intensely supervised gang probationers of
prohibited activity, as specified.
3. Reduce caseloads for probation officers in the unit.
4. Coordinate supervision with prosecutors and the
community. (Section 13826.5 of the Penal Code)
Existing law requires community-based organizations
receiving funds under the program to do the following:
1. Inform law enforcement and school administrators about
gang activity in the community.
2. Provide conflict resolution for gang crises.
AB 1439
Page
6
3. Maintain a 24-hour telephone message center.
4. Maintain a rumor control public telephone service.
5. Provide technical assistance concerning gang activity to
school staff, law enforcement and community members.
6. Provide recreation for gang members and potential gang
members.
7. Provide job training and placement for youth.
8. Refer gang members to appropriate agencies for health,
mental health and drug problems.
9. Administer the Urban Corps Program (optional gang
suppression and prevention program, including
recruitment of volunteers and identification of
programs), as specified. (Section 13826.6 of the Penal
Code)
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, subject to statutory limits and directives,
requires the Director of 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 requires the director to create a working group
to assist in this effort. The working group, as is
currently described in Section 13827, subdivision (b)(3) of
the Penal Code, 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 OGYVP shall be the head of
the working group created by this bill.
This bill provides that the Office of Gang and Youth
Violence Policy shall prepare the recommendations of the
AB 1439
Page
7
working group on or before March 1, 2010, and shall submit
a final report of its findings to the Legislature and the
Governor on or before June 1, 2010. This bill does not
require the other stakeholders in the working group to
participate in the preparation of the final report.
This bill requires that the Office of Gang and Youth
Violence Policy 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2009-10 2010-11
2011-12 Fund
Codifies existing practice $0
$0General
Requires new working Likely minor
costs*Various*
group report
* If the bill specifies that OGYVP is responsible
for the report, the costs are very minor and
absorbable. As written, 14 agencies and departments
with varied funding sources are responsible for the
report, and there will likely be minor costs to those
departments.
SUPPORT : (Verified 8/18/09)
Association for Los Angeles Deputy Sheriffs
Crime Victims United of California
Los Angeles County Probation Officers Union
Los Angeles Police Protective League
Riverside Sheriffs' Association
AB 1439
Page
8
ARGUMENTS IN SUPPORT : 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."
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Arambula, Beall, Blakeslee, Block,
Blumenfield, Brownley, Buchanan, Caballero, Charles
Calderon, Carter, Chesbro, Cook, Coto, Davis, De La
Torre, De Leon, Emmerson, Eng, Evans, Feuer, Fletcher,
Fong, Fuentes, Furutani, Galgiani, Hall, Hayashi,
Hernandez, Hill, Huber, Huffman, Jeffries, Jones,
Krekorian, Lieu, Bonnie Lowenthal, Ma, Mendoza, Monning,
Nava, Niello, John A. Perez, V. Manuel Perez, Portantino,
Ruskin, Salas, Saldana, Skinner, Solorio, Swanson,
Torlakson, Torres, Torrico, Tran, Yamada, Bass
NOES: Anderson, Conway, Fuller, Gaines, Garrick, Gilmore,
Hagman, Knight, Logue, Silva, Smyth, Villines
NO VOTE RECORDED: Bill Berryhill, Tom Berryhill, DeVore,
Duvall, Harkey, Miller, Nestande, Nielsen, Price, Audra
Strickland
RJG:mw 8/19/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****