BILL NUMBER: SB 1313 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Maldonado
FEBRUARY 19, 2010
An act to amend Section 13825.4 of the Penal Code, relating to
crimes.
LEGISLATIVE COUNSEL'S DIGEST
SB 1313, as introduced, Maldonado. Crime prevention.
Existing law requires the Department of Justice to administer the
California Gang, Crime, and Violence Prevention Partnership Program,
pursuant to which the department is required to disburse any
appropriated funds to community organizations and nonprofit agencies
for prevention and intervention activities for at-risk youth, as
specified.
This bill would provide that, on and after January 1, 2011, no
funds shall be provided under the program to a community-based
organization or nonprofit agency to provide gang intervention
services, unless the organization or agency enters into a contract
with each person providing gang intervention services, as specified,
expressly providing that the conviction of the person for an offense
on or after January 1, 2011, must be reported, as specified, and
constitutes a breach of contract for which funds received after the
conviction must be repaid, as specified.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 13825.4 of the Penal Code is amended to read:
13825.4. Community-based organizations and nonprofit agencies
that receive funds under this chapter shall utilize the funds to
provide services and activities designed to prevent or deter at-risk
youth from participating in gangs, criminal activity, or violent
behavior.
(a) These prevention and intervention efforts shall include, but
not be limited to, any of the following:
(1) Services and activities designed to do any of the following:
(A) Teach alternative methods for resolving conflicts and
responding to violence, drugs, and crime.
(B) Develop positive and life-affirming attitudes and behaviors.
(C) Build self-esteem.
(2) Recreational, educational or cultural activities.
(3) Counseling or mentoring services.
(4) Economic development activities.
(b) Funds allocated under this chapter may not be used for
services or activities related to suppression, law enforcement,
incarceration, or other purposes not related to the prevention and
deterrence of gangs, crime, and violence.
Nothing in this paragraph shall prevent funds allocated under this
chapter from being used for violence prevention and gang crime
deterrence services provided by community-based organizations and
nonprofit agencies to youths incarcerated in juvenile detention
facilities.
(c) Services and activities provided with funds under this chapter
shall be used for at-risk youth who are defined as persons from age
5 to 20 years of age and who fall into one or more of the following
categories:
(1) Live in a high-crime or high-violence neighborhood as
identified by local or federal law enforcement agencies.
(2) Live in a low-economic neighborhood as identified by the U.S.
Census or come from an impoverished family.
(3) Are excessively absent from school or are doing poorly in
school as identified by personnel from the youth's school.
(4) Come from a socially dysfunctional family as identified by
local or state social service agencies.
(5) Have had one or more contacts with the police.
(6) Have entered the juvenile justice system.
(7) Are identified by the juvenile justice system as being at
risk.
(8) Are current or former gang members.
(9) Have one or more family members living at home who are current
or former members of a gang.
(10) Are identified as wards of the court, as defined in Section
601 of the Welfare and Institutions Code.
(d) Except as provided in subdivision (e), in carrying out a
program of prevention and intervention services and activities with
funds received under this chapter, community-based organizations and
nonprofit agencies shall do all of the following:
(1) Collaborate with other local community-based organizations,
nonprofit agencies or local agencies providing similar services,
local schools, local law enforcement agencies, residents and families
of the local community, private businesses in the local community,
and charitable or religious organizations, for purposes of developing
plans to provide a program of prevention and intervention services
and activities with funds provided under this chapter.
(2) Identify other community-based organizations, nonprofit
agencies, local agencies, and charitable or religious organizations
in the local community that can serve as a resource in providing
services and activities under this chapter.
(3) Follow the public health model approach in developing and
carrying out a program to prevent, deter or reduce youth gangs, crime
or violence by (A) identifying risk factors of the particular
population to be targeted, (B) implementing protective factors to
prevent or reduce gangs, crime or violence in the particular
community to be serviced, and (C) designing community guidelines for
prevention and intervention.
(4) Provide referral services to at-risk youth who are being
served under this chapter to appropriate organizations and agencies
where the community-based organization or nonprofit agency can
readily identify a need for counseling, tutorial, family support, or
other types of services.
(5) Provide the parents and family of the at-risk youth with
support, information, and services to cope with the problems the
at-risk youth, the parents, and the family are confronting.
(6) Involve members of the at-risk target population in the
development, coordination, implementation, and evaluation of their
program of services and activities.
(7) Objectively evaluate the effectiveness of their services and
activities to determine changes in attitudes or behaviors of the
at-risk youth being served under this chapter towards gangs, crime,
and violence.
(e) Providers of programs that operate in juvenile detention
facilities shall not be required to meet the criteria specified in
paragraph (5) of subdivision (d) for those programs offered only in
those facilities.
(f) On and after January 1, 2011, no funds shall be provided under
this chapter to a community-based organization or nonprofit agency
to provide gang intervention services, unless the organization or
agency enters into a signed agreement with each person providing
those services that includes all of the following provisions:
(1) The person shall be required to report to the Department of
Justice, in writing, the conviction of the person of any offense that
occurred on or after January 1, 2011, within 90 days of the date the
person has knowledge of the conviction.
(2) A conviction shall constitute a breach of the gang
intervention services contract.
(3) The person shall be entitled to payment for gang intervention
services in an amount commensurate with those services provided prior
to a conviction, and any funds received by the person in excess of
this amount shall be required to be repaid to the disbursing state
agency.