Index
A. A street gang enforcement revolving fund is established consisting of monies appropriated to the fund for the purpose of funding gang prevention programs or for training prosecutors and law enforcement personnel in the area of street gang prosecution and enforcement and investigating and prosecuting any offense that is concurrently charged or investigated with any offense relating to criminal street gangs. The Arizona criminal justice commission shall administer the fund under the conditions and for the purposes provided in this section. Monies in the fund are subject to legislative appropriation.
B. Monies in the fund are exempt from lapsing pursuant to section 35-190.
C. Twenty-five percent of the fund monies shall be distributed to the attorney general and seventy-five percent of the fund monies shall be distributed to the county attorneys.
D. Fund monies shall be used either to provide personnel or for the training of prosecutors and law enforcement personnel in the area of street gang enforcement and prosecution or for the investigation and prosecution of any offense described in this section.
(a) The State Department of Education shall prepare and distribute to school districts and county offices of education guidelines for incorporating in-service training in gang violence and drug and alcohol abuse prevention for teachers, counselors, athletic directors, school board members, and other educational personnel into the staff development plans of all school districts and county offices of education.
(b) The department shall, upon request, assist school districts and county offices of education in developing comprehensive gang violence and drug and alcohol abuse prevention in-service training programs. The department's information and guidelines, to the maximum extent possible, shall encourage school districts and county offices of education to avoid duplication of effort by sharing resources; adapting or adopting model in-service training programs; developing joint and collaborative programs; and coordinating efforts with existing state staff development programs, county gang violence and drug and alcohol staff development programs, county health departments, county and city law enforcement agencies, and other public and private agencies providing health, drug, alcohol, gang violence prevention, or other related services at the local level.
(c) The department shall assist school districts and county offices of education in qualifying for the receipt of federal and state funds to support their gang violence and drug and alcohol abuse prevention in-service training programs.
(d) Each school that chooses to utilize the provisions of this article related to in-service training in gang violence and drug and alcohol abuse prevention is encouraged to develop a single plan to strengthen its gang violence and drug and alcohol abuse prevention efforts. If a school develops or has developed a school improvement plan pursuant to Article 2 (commencing with Section 52010) of Chapter 6 of Part 28, or a school safety plan pursuant to Article 5 (commencing with Section 32280) of Chapter 2.5 of Part 19, it is encouraged to incorporate into that plan, where appropriate, the gang violence and drug and alcohol prevention plan that it has developed.
(e) The department shall consult with the Office of Criminal Justice Planning regarding gang violence.
It is the intent of the Legislature that school districts and county offices of education give high priority to gang violence and drug and alcohol abuse prevention in-service training programs, which shall be part of the overall strategy for comprehensive gang violence and drug and alcohol abuse prevention education.
"Gang violence and drug and alcohol abuse prevention in-service training" for purposes of this article means the presentation of programs, instruction, and curricula that will help educators develop competencies in interacting in a positive manner with children and youth to assist them in developing the positive values, self-esteem, knowledge, and skills to lead productive, gang-free, and drug-free lives; develop knowledge of the causes of gang violence and substance abuse, and the properties and effects of tobacco, alcohol, narcotics, and dangerous drugs, including the risk of contracting acquired immune deficiency syndrome (AIDS) associated with intravenous drug use; receive training regarding available information and resources concerning gang violence and drug and alcohol abuse prevention as well as antigang and antisubstance abuse crime trends; develop familiarity with teaching social skills and resistance skills to children and youth; and develop skills in conducting effective education, which includes methods and techniques for helping children and youth to freely express ideas and opinions in a responsible manner and to understand the nature and consequences of their decisions as they relate to gang involvement and drug and alcohol abuse.
(a) The Office of Criminal Justice Planning, in collaboration with the State Department of Education, shall develop a model gang violence suppression and substance abuse prevention curriculum for grades 2, 4, and 6. The curriculum for grades 2, 4, and 6 shall be modeled after a similar curriculum that has been developed by the Orange County Office of Education for grades 3, 5, and 7. The Office of Criminal Justice Planning, in collaboration with the State Department of Education, may contract with a county office of education for the development of the model curriculum. The model curriculum shall be made available to school districts and county offices of education and shall, at a minimum, provide for each of the following:
(1) Lessons for grades 2, 4, and 6 that are aligned with the state curriculum frameworks for history, social science, and English and language arts.
(2) Instructional resources that address issues of ethnic diversity and at-risk pupils.
(3) The integration of the instructional resources of the Office of Criminal Justice Planning and the School/Law Enforcement Partnership in order to support the school curriculum and assist in the alignment of the state curriculum framework.
(b) The Office of Criminal Justice Planning shall develop an independent evaluation of the pupil outcomes of the model gang violence suppression and substance abuse prevention curriculum program.
The Rural Gang Task Force Subcommittee provided for by Subdivision (g) of Section 13826.1 of the Penal Code, in collaboration with the Gang Violence Suppression Advisory Committee provided for by Subdivision (g) of Section 13826.1 of the Penal Code and the Office of Criminal Justice Planning, shall review the model gang violence suppression and substance abuse prevention curriculum for grades 2, 4, and 6, developed pursuant to Section 51266, and identify methods by which the curriculum can best be utilized in rural school settings.
(a) The California Gang, Crime, and Violence Prevention Partnership Program shall be administered by the Department of Justice for the purposes of reducing gang, criminal activity, and youth violence to the extent authorized pursuant to this chapter in communities with a high incidence of gang violence, including, but not limited to, the communities of Fresno, Glendale, Long Beach, Los Angeles, Oakland, Riverside, Santa Ana, Santa Cruz, San Bernardino, San Diego, San Jose, San Francisco, San Mateo, Santa Monica, and Venice. The department shall also consider communities that meet any one of the following criteria:
(1) An at-risk youth population, as defined in subdivision (c) of Section 13825.4, that is significantly disproportionate to the general youth population of that community.
(2) A juvenile arrest rate that is significantly disproportionate to the general youth population of that community.
(3) Significant juvenile gang problems or a high number of juvenile gang-affiliated acts of violence.
(b) All state and local juvenile detention facilities, including, but not limited to, facilities, juvenile halls, youth ranches, and youth camps of the Department of the Youth Authority shall also be considered eligible to receive services through community-based organizations or nonprofit agencies that are operating programs funded under this chapter.
All funds made available to the Department of Justice for purposes of this chapter shall be disbursed in accordance with this chapter to community-based organizations and nonprofit agencies that comply with the program requirements of Section 13825.4 and the funding criteria of Section 13825.5 of this chapter.
(a) Funds disbursed under this chapter may enhance but shall not supplant local, state, or federal funds that would, in the absence of the California Gang, Crime, and Violence Prevention Partnership Program, be made available for the prevention or intervention of youth involvement in gangs, crime, or violence.
(b) The applicant community-based organization or nonprofit agency may enter into interagency agreements between it and a fiscal agent that will allow the fiscal agent to manage the funds awarded to the community-based organization or nonprofit agency.
(c) Before April 15, 1998, the department shall prepare and file administrative guidelines and procedures for the California Gang, Crime, and Violence Prevention Partnership Program consistent with this chapter.
(d) Before July 1, 1998, the department shall issue a "request for funding proposal" that informs applicants of the purposes and availability of funds to be awarded under this chapter and solicits proposals from community-based organizations and nonprofit agencies to provide services consistent with this chapter.
(e) The department shall conduct an evaluation of the California Gang, Crime, and Violence Prevention Partnership Program after two years of program operation and each year thereafter, for purposes of identifying the effectiveness and results of the program. The evaluation shall be conducted by staff or an independent body that has experience in evaluating programs operated by community-based organizations or nonprofit agencies.
(f) After two years of program operation, and each year thereafter, the department shall prepare and submit an annual report to the Legislature describing in detail the operation of the program and the results obtained from the California Gang, Crime, and Violence Prevention Partnership Program receiving funds under this chapter. The report shall also list the full costs applicable to the department for processing and reviewing applications, and for administering the California Gang, Crime, and Violence Prevention Partnership Program.
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.
(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:
(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.
(a) The Legislature hereby finds and declares the following:
(1) There is a greater threat to public safety resulting from gang- and drug-related activity in and near California's inner cities.
(2) Young people, especially at-risk youth, are more vulnerable to gang- and drug-related activity during the potentially unsupervised hours between the end of school and the time their parents or guardians return home from work.
(3) Without local prevention and treatment efforts, hard drugs will continue to threaten and destroy families and communities in and near the inner cities. Drug-related violence may then escalate dramatically in every community, and thereby burden the criminal justice system to the point that it cannot function effectively.
(4) Los Angeles currently leads the nation in the number of gang members and gang sites, the consumption of drugs, the amount of drugs confiscated, drug-related violent crimes, and has the greatest number of young people between 6 and 18 years of age who are "at risk."
(5) It is the intent of the Legislature that a pilot program, the "After School Alternative Program" (ASAP), be established and implemented within a specified Los Angeles community. This community program would utilize the public schools, businesses, and community facilities to provide supportive programs and activities to young people during the time between the end of school and the return home of their parents or guardians (from approximately 3 p.m. to 7 p.m.).
(a) There is within the Governor's Office of Emergency Services, the Office of Gang and Youth Violence Policy.
(b)
(1) The Office of Gang and Youth Violence Policy shall be responsible for identifying and evaluating state, local, and federal gang and youth violence suppression, intervention, and prevention programs and strategies, along with funding for those efforts. The director shall be responsible for monitoring, assessing, and coordinating the state's programs, strategies, and funding that address gang and youth violence in a manner that maximizes the effectiveness and coordination of those programs, strategies, and resources. The director shall communicate with local agencies and programs in an effort to promote the best practices for addressing gang and youth violence through suppression, intervention, and prevention.
(2) The office shall develop a comprehensive set of recommendations to define its mission, role, and responsibilities as a statewide entity dedicated to reducing violence and the proliferation of gangs and gang violence in California communities.
(3) In developing this set of recommendations, the office shall collaborate with a wide range of state and local stakeholders, including, but not limited to, community-based organizations serving at-risk populations and neighborhoods, law enforcement, educators, the courts, policy experts and scholars with expertise in the area of criminal street gangs, and local policymakers.
(4) The office, in collaboration with the stakeholders specified in paragraph (3), shall include in its deliberations the most effective role for the office with respect to the following:
(A) The collection and analysis of data on gang membership statewide and the effectiveness of various gang prevention efforts.
(B) The development of reliable and accurate sources of data to measure the scale and characteristics of California's gang problems.
(C) The development of a clearinghouse for research on gangs, at-risk youth, and prevention and intervention programs in order to identify best practices and evidence-based programming, as well as unsuccessful practices, and in order to promote effective strategies for reducing gang involvement and gang violence.
(D) Assisting state and local governmental and nongovernmental entities in developing violence and gang prevention strategies, including built-in evaluation components.
(E) The development of sustained coordination mechanisms among state, local, and regional entities.
(F) The identification of available or needed federal, state, regional, local, and private funding resources.
(G) Providing or otherwise promoting public education on effective programs, models, and strategies for the control of violence and serving as a clearinghouse for information on gang violence prevention issues, programs, resources, and research.
(H) Providing or otherwise promoting training and technical assistance to help build the capacity of organizations, communities, and local government to develop, implement, and evaluate gang violence prevention programs.
(I) Providing information and guidance to state and local governmental and nongovernmental entities on accessing state and federal resources to prevent gang violence.
(J) Facilitating greater integration between existing entities with respect to gang prevention efforts.
(a) If a minor is found to be a person described in Section 602 by reason of the commission of a gang-related offense, and the court finds that the minor is a first-time offender and orders that a parent or guardian retain custody of that minor, the court may order the parent or guardian to attend anti-gang violence parenting classes.
(b) The Department of Justice shall establish curriculum for the anti-gang violence parenting classes required pursuant to this section, including, but not limited to, all of the following criteria:
(1) A meeting in which the families of innocent victims of gang violence share their experience.
(2) A meeting in which the surviving parents of a deceased gang member share their experience.
(3) How to identify gang and drug activity in children.
(4) How to communicate effectively with adolescents.
(5) An overview of pertinent support agencies and organizations for intervention, education, job training, and positive recreational activities, including telephone numbers, locations, and contact names of those agencies and organizations.
(6) The potential fines and periods of incarceration for the commission of additional gang-related offenses.
(7) The potential penalties that may be imposed upon parents for aiding and abetting crimes committed by their children.
(c) For purposes of this section, "gang-related" means that the minor was an active participant in a criminal street gang, as specified in subdivision (a) of Section 186.22 of the Penal Code, or committed an offense for the benefit of, or at the direction of, a criminal street gang, as specified in subdivision (b) or (d) of Section 186.22 of the Penal Code.
(d) The father, mother, spouse, or other person liable for the support of the minor, the estate of that person, and the estate of the minor shall be liable for the cost of classes ordered pursuant to this section, unless the court finds that the person or estate does not have the financial ability to pay. In evaluating financial ability to pay, the court shall take into consideration the combined household income, the necessary obligations of the household, the number of persons dependent upon this income, and whether reduced monthly payments would obviate the need to waive liability for the full costs.
(1) (a) There is hereby created, within the Colorado Department of Education Prevention Initiatives Unit, the Colorado Law-Related Education Program for the purpose of promoting behavior which will reduce the incidence of gang or other antisocial behavior and substance abuse by students in the public schools through education.
(b) Under the program, each school district in the state is strongly encouraged to implement a law-related education program pursuant to the requirements of this article, which program shall specifically address the development of resistance to antisocial gang behavior and substance abuse without compromising academics.
(2) (a) A law-related education program implemented by a school district may be designed to promote responsible citizenship and reduce antisocial behavior without compromising academics. Specific grade levels should be determined by school districts based on local curricular frameworks and review of what is known about existing and promising programs. All topics addressed in such law-related education programs shall be taught in a manner which is appropriate for the ages of the students to be instructed.
(b) The topics for instruction in a law-related education program implemented by a school district shall include instruction on the United States Constitution and the Declaration of Independence and may include, but need not be limited to, the following:
(I) The rights and responsibilities of citizenship;
(II) The foundations and principles of American constitutional democracy;
(III) The role of law in American society;
(IV) The organization and purpose of legal and political systems;
(V) The disposition to abide by law;
(VI) The opportunities for responsible participation;
(VII) The alternative dispute resolution approach including mediation and conflict resolution.
(c) (Deleted by amendment, L. 2000, p. 372, Section 25, effective April 10, 2000.)
(3) and (4) (Deleted by amendment, L. 99, p. 106, Section 1, effective March 24, 1999.)
(5) (a) The state board shall promulgate guidelines to provide grants to and to assist school districts in the implementation of effective, comprehensive law-related education programs addressing gang awareness and substance abuse resistance. Such guidelines shall include, but shall not be limited to, the following:
(I) Suggested topics for instruction;
(II) Suggested texts and other instructional materials; and
(III) The necessary training for instructors.
(b) The state board shall make such guidelines available to all school districts for use in implementing law-related education programs.
(c) The Department of Education, through the coordinator and staff of the Prevention Initiatives Unit, shall be responsible for implementation, monitoring, and administration of the program and shall maintain certifications and records and act as a statewide clearinghouse for information and assistance for the school district law-related education programs.
(6) (a) All school districts are encouraged to create programs for the training of instructors and administrators in gang awareness and substance abuse resistance education in order to provide effective instruction to students concerning the dangers of gang involvement and substance abuse by the students in the school district.
(b) Upon the request of school district officials, the state board shall assist school district officials in the preparation of plans for the creation by school districts of training programs for instructors and administrators in gang awareness and substance abuse resistance education.
(7) (a) Each school district may prepare an annual report concerning the progress of the school district in implementing a law-related education program. Such report shall be filed with the state board on or before October 1, 1996, and on or before October 1 of each year thereafter.
(b) Each annual report of a school district prepared pursuant to paragraph (a) of this Subsection (7) shall include, but shall not be limited to, an analysis by school district officials of the effect of the law-related education program on the incidence of gang involvement and substance abuse by the students in the school district.
(a) In the public schools, the program of instruction offered shall include at least the following subject matter, as taught by legally qualified teachers, the arts; career education; consumer education; health and safety, including, but not limited to, human growth and development, nutrition, first aid, disease prevention, community and consumer health, physical, mental, and emotional health, including youth suicide prevention, substance abuse prevention, safety, which may include the dangers of gang membership, and accident prevention; language arts, including reading, writing, grammar, speaking, and spelling; mathematics; physical education; science; social studies, including, but not limited to, citizenship, economics, geography, government and history; and, in addition, on at least the secondary level, one or more foreign languages and vocational education. For purposes of this subsection, language arts may include American sign language or signed English, provided such subject matter is taught by a qualified instructor under the supervision of a teacher who holds a certificate issued by the State Board of Education.
(b) There is hereby established in the Division of Operations the Office of Coordination of Gang Prevention, hereafter referred to as the Office.
The Office shall consult with units of local government and school districts to assist them in gang control activities and to administer a system of grants to units of local government and school districts that, upon application, have demonstrated a workable plan to reduce gang activity in their area. The grants shall not include reimbursement for personnel, nor shall they exceed 75% of the total request by any applicant. The grants may be calculated on a proportional basis, determined by funds available to the Department for this purpose. The Department has the authority to promulgate appropriate rules and regulations to administer this program.
The Office shall establish mobile units of trained personnel to respond to gang activities.
The Office shall also consult with and use the services of religious leaders and other celebrities to assist in gang control activities.
The Office may sponsor seminars, conferences, or any other educational activity to assist communities in their gang crime control activities.
(a) The General Assembly finds that the instance of youth delinquent gangs continues to rise on a statewide basis. Given the higher rates of criminal offending among gang members, as well as the availability of increasingly lethal weapons, the level of criminal activity by gang members has taken on new importance for law enforcement agencies, schools, the community, and prevention efforts.
(b) As used in this Section:
"Gang resistance education and training" means and includes instruction in, without limitation, each of the following subject matters when accompanied by a stated objective of reducing gang activity and educating children in grades K through 12 about the consequences of gang involvement:
(1) conflict resolution;
(2) cultural sensitivity;
(3) personal goal setting; and
(4) resisting peer pressure.
(c) Each school district and non-public, non-sectarian elementary or secondary school in this State may make suitable provisions for instruction in gang resistance education and training in all grades and include that instruction in the courses of study regularly taught in those grades. For the purposes of gang resistance education and training, a school board or the governing body of a non-public, non-sectarian elementary or secondary school must collaborate with State and local law enforcement agencies. The State Board of Education may assist in the development of instructional materials and teacher training in relation to gang resistance education and training.
As used in this chapter, "anti-gang counseling" refers to efforts described under section 8 [IC 20-20-30-8] of this chapter that are designed to discourage students from the following:
(1) Becoming members of criminal gangs.
(2) Engaging in criminal gang activity.
(a) The anti-gang counseling pilot program fund is established to provide grants to participating school corporations to establish and operate the school corporation's pilot project.
(b) The department shall administer the fund.
(c) The expenses of administering the fund shall be paid from money in the fund.
(d) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public funds may be invested.
(a) By June 1 of each school year, each participating school corporation shall submit to the department a written report, on forms developed by the department, outlining the activities undertaken as part of the school corporation's pilot project.
(b) By November 1 of each year, the department shall submit a comprehensive report to the governor and the general assembly on the pilot program, including the department's conclusions and recommendations with regard to the impact that the pilot program has made on decreasing criminal gang activity in Indiana. A report submitted under this subsection to the general assembly must be in an electronic format under IC 5-14-6.
The legislature recognizes that, despite the large investment of resources committed to address the needs of the criminal justice system of this state, the crime rate continues to increase, overcrowding the state's juvenile detention centers, jails, and prisons and placing the state in jeopardy of being unable to effectively manage these facilities. The economic cost of crime to the state continues to drain existing resources, and the cost to victims, both economic and psychological, is traumatic and tragic. The legislature further recognizes that many adults in the criminal justice system were once delinquents in the juvenile justice system. The legislature also recognizes that the most effective juvenile delinquency programs are programs that not only prevent children from entering the juvenile justice system, but also meet local community needs and have substantial community involvement and support. Therefore, it is the belief of the legislature that one of the best investments of the scarce resources available to combat crime is in the prevention of delinquency with special emphasis on youth and street gang prevention. Juvenile involvement in gang activity is becoming more prevalent in certain areas of this state and continues to break down family and community support systems. The legislature recognizes that youth and street gangs may best be viewed as a symptom of underlying social and economic problems that reach far beyond the usual alienation found in youth subcultures in urban areas. The existence of an urban underclass, with its attendant socially disorganized and fragmented living conditions, gives rise to many social pathologies, of which the gang problem is just one. Youth and street gangs are symptomatic of many of the same social and economic problems as adult crime: substance abuse, alcoholism, mental illness, homelessness, unemployment, and multigeneration "welfare families" living in hopelessness and despair. The lure of juveniles into gangs stems from many factors, including extensive geographic mobility, rapid urbanization and population growth, substantial pockets of poverty, unemployment, increasing rates of dropouts and expulsions, a rich racial and ethnic mix, and a transient population of youth. Consequently, it is the intent of the legislature to authorize in each of the eight law enforcement planning districts the development of a comprehensive delinquency prevention plan, to be included in the state juvenile justice and delinquency prevention plan, including gang prevention where appropriate. It is further the intent of the legislature that cooperative agreements be developed among parishes within and between those districts and public and private agencies to implement such plans through effective local programs aimed at reducing juvenile crime and gangs and increasing the number of juveniles engaged in positive alternatives to crime.
A. Within each law enforcement planning district advisory council, a juvenile delinquency and gang prevention advisory board shall be established consisting of at least eleven members, at least three of whom shall be minorities. The chairman of the commission or his designee shall serve as a member and shall appoint at least four members representing child advocates in the community, business leaders, parents, and a student attending high school.
B. Each advisory board shall also include the following representatives:
(1) Two law enforcement officials appointed by the chairman of the commission from a list submitted by the Louisiana Sheriff's Association and the Louisiana Association of Chiefs of Police.
(2) An assistant district attorney assigned to a court having juvenile jurisdiction appointed by the chairman of the commission from a list submitted by the Louisiana District Attorneys Association.
(3) An assistant public defender or an attorney residing in the district who handles juvenile matters, appointed by the chairman of the indigent defender board.
(4) Two persons employed by the city or parish school board appointed by the chairman of the commission from a list furnished by the Louisiana Association of Educators and Louisiana Federation of Teachers.
(5) A judge who handles juvenile matters appointed by the chairman of the commission from a list submitted by the Louisiana Association of Juvenile and Family Court Judges.
The purposes of each juvenile delinquency and gang prevention advisory board are to develop a delinquency prevention plan which meets the needs of each of the local communities in the law enforcement planning district, to advise the chairman of the commission on prevention and diversion programs in the district, to approve grants submitted to the governor's Juvenile Justice and Delinquency Prevention Advisory Board regarding juvenile delinquency and gang prevention program grant applications, and to act in an advisory capacity to each of the juvenile delinquency and gang prevention programs under such plan. The Juvenile Justice and Delinquency Prevention Advisory Board and the commission shall coordinate efforts among the councils and develop a comprehensive delinquency prevention state plan which shall conform to applicable federal and state laws and rules and regulations and shall coordinate funding between the two programs.
Each gang prevention council shall have the following powers and duties:
(1) Develop and implement a delinquency prevention plan for the provision and coordination of delinquency programs and services to meet the needs of the communities represented in the district.
(2) Advise and assist the judicial administrators or other local officials in the provision of optional, innovative delinquency services in the district to meet the unique needs of delinquent children.
(3) Develop, in consultation with the Law Enforcement Planning District Advisory Council, funding sources external to the commission for the provision and maintenance of additional programs and services in the district for delinquent children and their families in consultation with the Juvenile Justice and Delinquency Prevention and Advisory Board. The Juvenile Delinquency and Gang Prevention Advisory Board may apply for and receive funds, under contract or other funding arrangement, from federal, state, parish, city, and other public agencies, and from public and private foundations, agencies, and charities for the purpose of funding optional, innovative prevention, diversion, or treatment services in the district to meet the unique needs of delinquent children.
(4) Contract with city, parish, or other public agencies or private entities for the provision and maintenance of optional, innovative additional prevention and diversion programs and services in the district for delinquent children and their families, in consultation with the Law Enforcement Planning District Advisory Council. In contracting with public and private entities, the Juvenile Delinquency and Gang Prevention Advisory Board may use any funds available to it. The Juvenile Delinquency and Gang Prevention Advisory Board shall actively solicit proposals for new contract and purchase of service programs and services from community organizations, associations, and groups representing the racial and ethnic mix of the community which is being served.
(5) Programs may utilize up to fifteen percent of grant funds for audit costs, not to exceed the prorated share and shall require that each grant, contract, and purchase of service agreement entered into between the Juvenile Delinquency and Gang Prevention Advisory Board and any public or private entity to carry out any purpose or responsibility of the commission and of each program grant awarded by the commissioner. An evaluation component is required of each grantee. Evaluations must be submitted to the Juvenile Delinquency and Gang Prevention Advisory Board and Juvenile Justice and Delinquency Prevention Advisory Board.
(6) Collect information and statistical data helpful in assessing the need for delinquent children services in the district.
(7) Consult and coordinate with other districts and agencies dedicated to the provision of delinquent children services and the Juvenile Justice and Delinquency Prevention Advisory Board in order to ensure availability of sufficient services and prevent overlapping of services.
(8) Meet at least quarterly and convene special meetings at the call of the chair or the judicial administrator.
(9) Advise, assist, and approve juvenile delinquency and gang prevention program grants submitted by the local public or private entities and submit such applications as are approved for funding consideration by the Juvenile Justice and Delinquency Prevention Advisory Board and the commission.
A. Each gang prevention council shall:
(1) Immediately after the members are appointed, elect a chair and a vice chair from among its members, and elect other officers as deemed necessary by the council. The judicial administrator or his designee may not serve as the chair, vice chair, or other officer.
(2) Immediately after the members are appointed and officers are elected, identify and assess the needs of delinquent children and their families in the district served by the council and submit to the Juvenile Justice and Delinquency Prevention Advisory Board a written description of:
(a) Existing services provided; the anticipated schedule for providing those services; and the manner in which the services are to be provided, including a description of arrangements and agreements with community organizations, state and local educational agencies, federal agencies, public assistance agencies, the juvenile courts, foster care agencies, and other applicable public and private agencies and organizations.
(b) The strategy to be used for service coordination.
(3) Make and adopt bylaws and rules for the operation of the Juvenile Delinquency and Gang Prevention Advisory Board, provided such bylaws and rules are not inconsistent with federal or state laws or parish ordinances. The bylaws and rules must be submitted to the Juvenile Justice and Delinquency Prevention Advisory Board for approval.
(4) Provide an annual written report to the chairman of the commission and the Juvenile Justice and Delinquency Prevention Advisory Board no later than October first of each year. The annual report shall contain such information as is required by the Juvenile Justice and Delinquency Prevention Advisory Board for effective program planning, for example: information on the effectiveness of delinquent children services in the district, including cost-effectiveness; detailed information on the various programs, services, and activities available in the district and the degree to which the programs, services, and activities have been successfully used; and information on programs, services, and activities that should be eliminated, continued, or added with respect to services in the district for delinquent children and their families.
B. Members of each Juvenile Delinquency and Gang Prevention Advisory Board shall serve without compensation and shall use existing available staff.
A. A delinquency prevention plan submitted to and approved by the Juvenile Justice and Delinquency Prevention Advisory Board and the commission is authorized in each district for the purpose of reducing delinquent acts, juvenile arrests, and gang activity. Juvenile delinquency and gang prevention programs under such plan shall be administered by the commission in cooperation with other appropriate governmental organizations and public and private agencies.
B. Delinquency prevention plans that include youth and street gang prevention should be developed from a proactive policy stance regarding juveniles involved in gangs. Law enforcement should be active and aggressive against gang leaders and hard-core gang members by utilizing special gang units, centralized efforts, and statewide intelligence. Intervention programs should be used to initiate prevention efforts directed at marginal and potential gang members.
C. The Juvenile Delinquency and Gang Prevention Advisory Board may use public hearings and other appropriate processes to solicit input regarding the development and updating of the delinquency prevention plan. Input may be provided by parties which include but are not limited to:
(1) Local-level public and private service providers, advocacy organizations, and other organizations working with delinquent children.
(2) Parish and municipal governments.
(3) The Department of Public Safety and Corrections, the Department of Social Services, and other departments or state agencies that provide services to delinquent children.
(4) University youth centers.
(5) Judges, district attorneys, public defenders, and the Louisiana State Bar Association.
(6) Victims of crimes committed by children.
(7) Law enforcement.
(8) Delinquent children and their families and caregivers.
D. The Juvenile Delinquency and Gang Prevention Advisory Board must develop its delinquency prevention plan in close cooperation with the commission, Department of Public Safety and Corrections, Department of Social Services, Department of Health and Hospitals, local school districts, and with local law enforcement in order to maximize services for delinquent children. The Juvenile Delinquency and Gang Prevention Advisory Board must update the plan for delinquent children policies and programs every year.
E. The commission shall develop a formula grant program based on such factors as population at risk, number of juvenile and young adult arrests, juvenile weapons and drug arrests, and other factors as may be found to be applicable.
F. Beginning with the 1993-1994 Fiscal Year, from funds specifically appropriated by the legislature for this purpose, the commission may award grants based on competitive basis. Local public or private entities interested in implementing juvenile delinquency and gang prevention programs may apply for these funds through the local Juvenile Delinquency and Gang Prevention Advisory Board. Such grants shall be awarded pursuant to R.S. 15:1429.
G. An amount not to exceed ten percent of the total appropriation may be used by the commission to administer the program.
A. An entity may apply for an annual juvenile delinquency and gang prevention program grant, which may be renewed for up to two additional years, if funding is available, by submitting a grant proposal for funding or continued funding to the Juvenile Delinquency and Gang Prevention Advisory Board by December 1, 1993, and by May first every year thereafter. The commission shall establish the grant application procedures, giving priority consideration to proposals which include a youth and street gang prevention component. In order to be considered for funding, the grant proposal shall include the following assurances and information:
(1) A letter from the chairman of the Juvenile Delinquency and Gang Prevention Advisory Board of the district confirming that the grant application has been reviewed and approved and that it conforms to the district's delinquency prevention plan as developed by the Juvenile Delinquency and Gang Prevention Advisory Board.
(2) A rationale and description of the program and the services to be provided, including goals and objectives.
(3) A method of identification for the appropriate clients in the program.
(4) Provisions for the participation of parents and custodians in the program.
(5) Coordination with other community-based and social service prevention efforts such as drug and alcohol abuse prevention, dropout prevention, and child abuse prevention, including hotlines and volunteers who serve the target neighborhood.
(6) An evaluation component to measure the effectiveness of the program in accordance with the provisions.
(7) A program budget, including the amount of local resources committed to the budget.
(8) The necessary program staff.
B. The department shall consider the following in awarding such grants:
(1) The number of juvenile arrests within the geographical area to be served by the program. Those geographical areas with the highest number of juvenile arrests shall have priority for selection.
(2) The extent to which the program targets high-juvenile-crime neighborhoods and those public schools serving juveniles from high-crime neighborhoods.
(3) The validity and cost-effectiveness of the program.
(4) The degree to which the program is located in and managed by local leaders of the target neighborhoods and public schools serving the target neighborhoods.
C. The commission and Juvenile Justice and Delinquency Prevention Advisory Board shall make available to anyone wishing to apply for such a grant information on all of the criteria to be used by the commission and Juvenile Justice and Delinquency Prevention Advisory Board in the selection of the proposals for funding pursuant to the provisions of this Section.
D. The commission and Juvenile Justice and Delinquency Prevention Advisory Board shall review all program proposals submitted. Entities submitting proposals shall be notified of approval by March 2, 1994, for the 1993-1994 Fiscal Year and by September first of every fiscal year thereafter.
E. Each entity which is awarded a grant as provided for in this Chapter shall submit an annual evaluation report to the chairman of the commission and the chairman of the Juvenile Justice and Delinquency Prevention Advisory Board, and the chairman of the Juvenile Delinquency and Gang Prevention Advisory Board, by a date subsequent to the end of the contract period established by the commission, documenting the extent to which the program objectives have been met, the effect of the program on the juvenile arrest rate, and any other information required by the commission.
F. The commission may promulgate rules and regulations necessary to implement the provisions of this Chapter.
(a) "School security officer" defined. --
(1) In this section, "school security officer" includes a school principal, another school administrator, a law enforcement officer, or other individual employed by a local school system or a local government who is designated by the county superintendent or a school principal to help maintain the security and safety of a school.
(2) "School security officer" does not include a teacher.
(b) Model policy. -- By March 31, 2011, the State Board, after consultation with and input from the Department of Juvenile Services, the Department of State Police, the Department of Human Resources, and local school systems, shall develop a model policy to address gangs, gang activity, and similar destructive or illegal group behavior in schools.
(c) Model policy -- Contents. -- The model policy developed under subsection (b) of this section shall include:
(1) A statement prohibiting gang activity in schools;
(2) A statement prohibiting reprisal or retaliation against individuals who report suspected gang activity;
(3) A definition of gang and gang activity;
(4) Standard consequences and remedial actions for individuals engaged in gang activity or similar destructive or illegal group behavior;
(5) Standard consequences and remedial actions for individuals found to have made false accusations;
(6) Model procedures for reporting suspected gang activity or similar destructive or illegal group behavior;
(7) Model procedures for the prompt investigation of suspected gang activity or similar destructive or illegal group behavior;
(8) Information about the types of support services, including family support services, for a student suspected of participating in gang activity; and
(9) Recommendations concerning gang prevention and intervention services and programs for students that maximize community participation and the use of federal funding.
(d) Policy or regulations by local school system. --
(1) Each local school system shall establish a policy or regulations to address gangs, gang activity, and similar destructive or illegal group behavior in schools based on the model policy.
(2) The policy or regulations shall address the components of the model policy specified in subsection (c) of this section.
(3) Each local school system shall develop the policy or regulations in consultation with representatives of the following groups:
(i) Parents or guardians of students;
(ii) School employees and administrators;
(iii) School volunteers;
(iv) Students;
(v) Local law enforcement;
(vi) Gang prevention and intervention programs;
(vii) The Office of the Public Defender;
(viii) The Maryland State's Attorneys Association; and
(ix) Members of the community.
(e) Policy or regulations by local school system -- Submission to State Superintendent. -- Each local school system shall submit its policy or regulations to the State Superintendent by September 1, 2011.
(f) Policy or regulations by local school system -- Publication. -- Each local school system shall publicize its policy or regulations in student handbooks, on school system websites, and at any other location or venue the local school system determines is necessary or appropriate.
(g) Policy or regulations by local school system -- Education programs. -- Each local school system shall develop the following educational programs in its efforts to address gangs, gang activity, and similar destructive or illegal group behavior in schools:
(1) An educational gang awareness program for students, staff, volunteers, and parents; and
(2) A teacher and administrator development program that trains teachers and administrators to implement the policy or regulations.
(h) Reporting of gang activity. --
(1) A school employee shall report any incidence of suspected gang activity or similar destructive or illegal group behavior promptly to the principal and, for a school that has a school security officer, to the school security officer.
(2) The principal and the school security officer may take appropriate action to maintain a safe and secure school environment, including the provision of appropriate intervention services.
(i) Meetings. --
(1) Each county superintendent shall require regular school security meetings for each middle school and high school to ensure coordination of gang prevention, intervention, and suppression efforts.
(2) The following individuals shall participate in the meetings described in paragraph (1) of this subsection:
(i) School principals;
(ii) School security officers;
(iii) Guidance counselors;
(iv) Local law enforcement officers;
(v) Representatives from the county State's Attorney's Office;
(vi) Representatives from the Office of the Public Defender;
(vii) Gang prevention and intervention program representatives; and
(viii) Any other individuals that the county superintendent considers appropriate.
(j) Coordination of efforts. -- Each county superintendent shall enter into a memorandum of understanding with the county State's Attorney's Office to foster coordination of gang prevention, intervention, and suppression efforts.
(k) Report. -- On or before January 1, 2011, and each year thereafter, the Department shall submit a report to the General Assembly, in accordance with § 2-1246 of the State Government Article, on the implementation of State and local policies and regulations to address gangs, gang activity, and similar destructive or illegal group behavior described in this section.
(4) The before- or after-school programs funded under this section shall include, at a minimum, at least 3 of the following topics:
(a) Abstinence-based pregnancy prevention.
(b) Chemical abuse and dependency including nonmedical services.
(c) Gang violence prevention.
(d) Academic assistance, including assistance with reading and writing.
(e) Preparation toward future self-sufficiency.
(f) Leadership development.
(g) Case management or mentoring.
(h) Parental involvement.
(i) Anger management.
(3) If the state imposes a wagering tax under Subsection (1) equal to 18% of adjusted gross receipts, money in the state casino gaming fund that is not from a tax imposed under Subsections (5) to (8) shall be allocated as follows:
(a) 55% to the city in which a casino is located for use in connection with the following:
(i) The hiring, training, and deployment of street patrol officers.
(ii) Neighborhood and downtown economic development programs designed to create local jobs.
(iii) Public safety programs, such as emergency medical services, fire department programs, and street lighting.
(iv) Antigang and youth development programs.
(v) Other programs that are designed to contribute to the improvement of the quality of life in the city.
(vi) Relief to the taxpayers of the city from one or more taxes or fees imposed by the city.
(vii) The costs of capital improvements.
(viii) Road repairs and improvements.
Each district may make a levy on all taxable property located within the district for the purposes specified in this section. The maximum amount which may be levied for all costs under this section shall be equal to $27 multiplied by the district's adjusted marginal cost pupil units for the school year. The proceeds of the levy must be reserved and used for directly funding the following purposes or for reimbursing the cities and counties that contract with the district for the following purposes: (1) to pay the costs incurred for the salaries, benefits, and transportation costs of peace officers and sheriffs for liaison in services in the district's schools; (2) to pay the costs for a drug abuse prevention program as defined in section 609.101, subdivision 3, paragraph (e), in the elementary schools; (3) to pay the costs for a gang resistance education training curriculum in the district's schools; (4) to pay the costs for security in the district's schools and on school property; or (5) to pay the costs for other crime prevention, drug abuse, student and staff safety, and violence prevention measures taken by the school district. For expenditures under clause (1), the district must initially attempt to contract for services to be provided by peace officers or sheriffs with the police department of each city or the sheriff's department of the county within the district containing the school receiving the services. If a local police department or a county sheriff's department does not wish to provide the necessary services, the district may contract for these services with any other police or sheriff's department located entirely or partially within the school district's boundaries.
1. The department of elementary and secondary education shall identify and adopt an existing program or programs of educational instruction regarding violence prevention to be administered by public school districts pursuant to subsection 2 of this section, and which shall include, but shall not be limited to, instructing students of the negative consequences, both to the individual and to society at large, of membership in or association with criminal street gangs or participation in criminal street gang activity, as those phrases are defined in section 578.421, and shall include related training for school district employees directly responsible for the education of students concerning violence prevention and early identification of and intervention in violent behavior. The state board of education shall adopt such program or programs by rule as approved for use in Missouri public schools. The program or programs of instruction shall encourage nonviolent conflict resolution of problems facing youth; present alternative constructive activities for the students; encourage community participation in program instruction, including but not limited to parents and law enforcement officials; and shall be administered as appropriate for different grade levels and shall not be offered for academic credit.
2. All public school districts within this state with the approval of the district's board of education may administer the program or programs of student instruction adopted pursuant to subsection 1 of this section to students within the district starting at the kindergarten level and every year thereafter through the twelfth-grade level.
3. Any district adopting and providing a program of instruction pursuant to this section shall be entitled to receive state aid pursuant to section 163.031. If such aid is determined by the department to be insufficient to implement any program or programs adopted by a district pursuant to this section:
(1) The department may fund the program or programs adopted pursuant to this section or pursuant to subsection 2 of section 160.530, or both, after securing any funding available from alternative sources; and
(2) School districts may fund the program or programs from funds received pursuant to subsection 1 of section 160.530.
4. No rule or portion of a rule promulgated pursuant to this section shall become effective unless it has been promulgated pursuant to chapter 536.
1. Subject to availability of funds within the Missouri crime prevention information and programming fund, the director, or his designee, may contract with local law enforcement or prevention-related organizations to assist in establishing or enhancing local crime prevention programs. Such programs would include, but not be limited to:
(6) Gang-related activity prevention;
(1) The Office of Violence Prevention and its director shall be administered and supervised, respectively, by the Nebraska Commission on Law Enforcement and Criminal Justice. Among its responsibilities, the Office of Violence Prevention and its director shall be responsible for developing, fostering, promoting, and assessing violence prevention programs. To accomplish this mission, the duties of the director shall include, but not be limited to, program fundraising, program evaluation, coordination of programs, and assistance with the administration and distribution of funds to violence prevention programs.
(2) The advisory council to the Office of Violence Prevention shall meet at least quarterly. Among its responsibilities, the advisory council shall recommend to the commission rules and regulations regarding program fundraising, program evaluation, coordination of programs, and the criteria used to assess and award funds to violence prevention programs. Priority for funding shall be given to communities and organizations seeking to implement violence prevention programs which appear to have the greatest benefit to the state and which have, as goals, the reduction of street and gang violence and the reduction of homicides and injuries caused by firearms. The duties of the advisory council shall include, but not be limited to, receiving applications for violence prevention funds, evaluating such applications, and making recommendations to the commission regarding the merits of each application and the amount of any funds that should be awarded. If any funds are awarded to a violence prevention program, the advisory council shall continuously monitor how such funds are being used by the program, conduct periodic evaluations of such programs, assess the progress and success regarding the stated goals of each program awarded funds, and recommend to the commission any modification, continuation, or discontinuation of funding.
The state board in cooperation with the board of trustees of the various county school districts shall develop for pupils in the first through eighth grades:
(a) Programs designed to reduce the number of pupils who drop out of school; and
(b) Programs for the prevention of the abuse of alcohol and controlled substances.
2. The state board in cooperation with the board of trustees of the various county school districts may seek the cooperation of private industry in developing for pupils in all grades programs and activities designed to reduce the number of pupils who participate in the activities of criminal gangs, as defined in NRS 213.1263.
1. The board of trustees of each school district shall establish a policy that prohibits the activities of criminal gangs on school property.
2. The policy established pursuant to subsection 1 may include, without limitation:
(a) the provision of training for the prevention of the activities of criminal gangs on school property.
(b) If the policy includes training:
(1) a designation of the grade levels of the pupils who must receive the training.
(2) a designation of the personnel who must receive the training, including, without limitation, personnel who are employed in schools at the grade levels designated pursuant to subparagraph (1).
The board of trustees of each school district shall ensure that the training is provided to the pupils and personnel designated in the policy.
(c) Provisions which prohibit:
(1) A pupil from wearing any clothing or carrying any symbol on school property that denotes membership in or an affiliation with a criminal gang; and
(2) Any activity that encourages participation in a criminal gang or facilitates illegal acts of a criminal gang.
(d) Provisions which provide for the suspension or expulsion of pupils who violate the policy.
3. The board of trustees of each school district may develop the policy required pursuant to subsection 1 in consultation with:
(a) local law enforcement agencies;
(b) school police officers, if any;
(c) persons who have experience regarding the actions and activities of criminal gangs;
(d) organizations which are dedicated to alleviating criminal gangs or assisting members of criminal gangs who wish to disassociate from the gang; and
(e) any other person deemed necessary by the board of trustees.
4. As used in this section, "criminal gang" has the meaning ascribed to it in NRS 213.1263.
Each board of education that operates an educational program for elementary school students shall offer instruction in gang violence prevention and in ways to avoid membership in gangs. The instruction shall take place as part of the district's implementation of the Core Curriculum Content Standards in Comprehensive Health and Physical Education, and the comprehensive health and physical education curriculum framework shall provide school districts with sample materials that may be used to support implementation of the instructional requirement.
(a) Each County Council shall review annually the needs of juveniles in the county who are at risk of delinquency or who have been adjudicated undisciplined or delinquent and the resources available to address those needs. In particular, each county council shall assess the needs of juveniles in the county who are at risk or who have been associated with gangs or gang activity, and the local resources that are established to address those needs. The Council shall develop and advertise a request for proposal process and submit a written plan of action for the expenditure of juvenile sanction and prevention funds to the board of county commissioners for its approval. Upon the county's authorization, the plan shall be submitted to the Department for final approval and subsequent implementation.
b) Each County Council shall ensure that appropriate intermediate dispositional options are available and shall prioritize funding for dispositions of intermediate and community-level sanctions for court-adjudicated juveniles under minimum standards adopted by the Department.
(c) On an ongoing basis, each County Council shall:
(1) Assess the needs of juveniles in the community, evaluate the adequacy of resources available to meet those needs, and develop or propose ways to address unmet needs.
(2) Evaluate the performance of juvenile services and programs in the community. The Council shall evaluate each funded program as a condition of continued funding.
(3) Increase public awareness of the causes of delinquency and of strategies to reduce the problem.
(4) Develop strategies to intervene and appropriately respond to and treat the needs of juveniles at risk of delinquency through appropriate risk assessment instruments.
(5) Provide funds for services for treatment, counseling, or rehabilitation for juveniles and their families. These services may include court-ordered parenting responsibility classes.
(6) Plan for the establishment of a permanent funding stream for delinquency prevention services.
(7) Develop strategies to intervene and appropriately respond to the needs of juveniles who have been associated with gang activity or who are at risk of becoming associated with gang activity.
(d) The Councils may examine the benefits of joint program development between counties within the same judicial district.
A. Sections 2-7-701 through 2-7-705 of this title shall be known and may be cited as the "Delinquency and Youth Gang Intervention and Prevention Act".
B. The Legislature recognizes that the economic cost of crime to the state and communities continues to drain existing resources, and the cost to victims, both economic and psychological, is traumatic and tragic. The Legislature further recognizes that many adults in the criminal justice system were once delinquents in the juvenile justice system. The Legislature also recognizes that the most effective juvenile delinquency programs are programs that prevent children from entering the juvenile justice system, meet local community needs, and have substantial community involvement and support. Therefore, it is the belief of the Legislature that one of the best investments of scarce resources available to combat crime is to counteract the negative social and economic factors that contribute to criminal and delinquent behavior by engaging youth who are determined to have the highest risk of involvement with gangs or delinquent behaviors or live in at-risk neighborhoods and communities in positive programs and opportunities at the local, neighborhood and community level.
C. For the purpose of reducing the likelihood of later or continued involvement in criminal or delinquent activities, the intent of the Legislature in enacting the Delinquency and Youth Gang Intervention and Prevention Act is to provide programs for adjudicated delinquents and highest risk children and their families who live in at-risk neighborhoods and communities, as defined in Section 2-7-702 of this title, and to aid all communities in developing delinquency and gang intervention and prevention programs and activities.
For the purposes of the Delinquency and Youth Gang Intervention and Prevention Act:
1. "At-risk neighborhoods and communities" means residential and business areas within a specific political subdivision with a history of assault or battery offenses, shootings or firearm-related offenses, substance abuse-related offenses, property and theft-related offenses, and known gang activity that are documented by local law enforcement agencies, and an incidence of reported juvenile crime or referrals for juvenile court intakes, or some combination of both such incidence and referrals as approved by the Office of Juvenile Affairs and substantiated by local law enforcement agencies, that is significantly higher than the statewide statistical mean for such offenses, incidence, referrals or combination;
2. "Children at highest risk of involvement with gangs or delinquent behaviors" means:
a. children and their family members living in at-risk
neighborhoods and communities as defined in this section,
b. children living with family members who are gang members or
associate with gang members,
c. children living with family members who have been adjudicated or
convicted of a criminal offense,
d. children adjudicated delinquent and their family members, or
e. children who use alcohol or controlled substances or who have
behavioral problems in school, with peers, family members or
authority figures, or some combination thereof;
3. "Delinquency and gang intervention and prevention programs and activities" includes but is not limited to the following for participating youth: Intensive school and school-related programs, such as tutoring and other educational services, vocational training and counseling, employment services, recreational opportunities, and counseling services, such as family counseling, mental health counseling, substance abuse outpatient treatment, education programs, and programs and services involving the family members of participating youth; and
4. "Family members" means children, siblings, parents and other persons living in the immediate household.
A. From funds appropriated for the Delinquency and Youth Gang Intervention and Prevention Act or otherwise available for that purpose, the Office of Juvenile Affairs shall:
1. Issue requests for proposals or enter into agreements pursuant to the Interlocal Cooperation Act and contract for delinquency and gang intervention and prevention programs for children and their family members who live in at-risk neighborhoods and communities, as defined by Section 2-7-702 of this title;
2. Provide information and technical assistance to individuals and entities receiving contracts pursuant to the Delinquency and Youth Gang Intervention and Prevention Act, schools, neighborhood and community organizations, and agencies within the children and youth service system, as that term is defined in the Juvenile Offender Tracking Program, for the purpose of assisting such agencies in making application for federal, state and private grants for delinquency and gang intervention and prevention programs; and
3. Coordinate efforts among the Office of Juvenile Affairs, Department of Human Services, State Department of Education, State Department of Health, Department of Mental Health and Substance Abuse Services, Oklahoma Arts Council, Oklahoma Commission on Children and Youth, the Oklahoma Health Care Authority, 4-H Clubs, Oklahoma Cooperative Extension Service and other organizations identified by the Office of Juvenile Affairs that provide services to children and youth on the creation of an out-of-school resource center subject to the availability of funds.
B. The Office of Juvenile Affairs, with the assistance of and information provided by the Oklahoma Commission on Children and Youth and the Oklahoma State Bureau of Investigation, shall establish criteria and procedures for:
1. Identifying at-risk neighborhoods and communities, as defined by Section 2-7-702 of this title, for the purposes of determining eligibility for any grants for at-risk areas available pursuant to the Delinquency and Youth Gang Intervention and Prevention Act; and
2. Determining eligibility of individuals and other organizations seeking other grants pursuant to the Delinquency and Youth Gang Intervention and Prevention Act.
The Oklahoma Commission on Children and Youth and the Oklahoma State Bureau of Investigation shall provide the Office of Juvenile Affairs with information and assistance, as requested by the Office, for the purpose of establishing the criteria required by this section.
A. The Office of Juvenile Affairs shall establish procedures and criteria for selecting and implementing program models and awarding contracts. The Board of Juvenile Affairs shall promulgate rules as necessary for the implementation of the Delinquency and Youth Gang Intervention and Prevention Act.
B. In order to be eligible for a contract in an at-risk neighborhood or community, as defined by Section 2-7-702 of this title, pursuant to the Delinquency and Youth Gang Intervention and Prevention Act the contract shall, at minimum:
1. Be made by an individual or organization, a neighborhood or community organization, a municipality or county or a municipal or county agency from the at-risk neighborhood or community. If a school or local law enforcement agency is not a participant in the contract, the contract shall document and describe the active participation in and support of either the local school or local law enforcement agency in the program and activities for which the contract is submitted;
2. Be a program or activity for children at highest risk of involvement in gangs or delinquent behaviors, as defined by Section 2-7-702 of this title, and their family members;
3. Describe the respective roles and responsibilities for the administration and operation of the program and activities, including but not limited to the designation of the entity responsible for the receipt and expenditure of any funds awarded pursuant to the Delinquency and Youth Gang Intervention and Prevention Act;
4. Specifically identify the at-risk neighborhood or community where the programs and activities will be implemented and provide either statistical information concerning the at-risk area or a letter of support from a local school or local law enforcement agency;
5. Describe how the program will coordinate and cooperate with programs and services administered by the Office of Juvenile Affairs, the Department of Human Services, the State Department of Education, and other state or local agencies, such as law enforcement, courts and other agencies within the juvenile, children and youth service system; and
6. Provide the program and activities on-site in a school, community center, or other similar location within the identified at-risk neighborhood or community.
C. In order to be eligible for training or continuing education contracts or any other contracts pursuant to the Delinquency and Youth Gang Intervention and Prevention Act, the contract shall, at a minimum:
1. Describe the respective roles and responsibilities for the administration and operation of the training or activity, including but not limited to, the designation of the entity responsible for the receipt and expenditure of any funds awarded pursuant to the Delinquency and Youth Gang Intervention and Prevention Act; and
2. Describe how the training or activity will coordinate and cooperate with existing programs and services administered by the Office of Juvenile Affairs, the Department of Human Services, the State Department of Education, and other state or local agencies, such as law enforcement, courts and other agencies within the juvenile, children and youth service system.
D. Each entity receiving a contract pursuant to the Delinquency and Youth Gang Intervention and Prevention Act shall work with local community leaders, neighborhood associations, direct service providers, local school officials, law enforcement and other stakeholders to create a local youth and gang violence coordinating council to help facilitate the implementation of the program. The entity shall also submit an annual evaluation report to the Office of Juvenile Affairs, by a date subsequent to the end of the contract period as established by the Office, documenting the extent to which the program objectives were met and any other information required by the Office.
A. The Office of Juvenile Affairs shall have the responsibility for implementation and evaluation of the Delinquency and Youth Gang Intervention and Prevention Act and any modifications thereto.
B. Any contract executed by the Office of Juvenile Affairs with an eligible entity on and after the effective date of this act for delinquency prevention and early intervention programs, subject to the Delinquency and Youth Gang Intervention and Prevention Act, shall require the eligible entity to prepare and submit to the Office, in a manner prescribed by the Office, an outcome-based performance report including, but not limited to, the following:
1. A description of the target population, service eligibility criteria, and risk factors;
2. A description of program services, the number of clients referred each year, the number of clients served each year, and the number of clients discharged each year;
3. The average cost per client participating in program services each year; and
4. Performance measures referencing service completion and recidivism which employ uniform definitions developed by the Office.
C. The Office of Juvenile Affairs shall submit to the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the Governor by January 15 of each year, an annual report, including a summary detailing the following information derived from the outcome-based performance reports submitted by the eligible entities pursuant to the provisions of subsection A of this section and other information available to the Office:
1. Total amount of funds per state fiscal year expended for the delinquency prevention programs subject to the Delinquency and Youth Gang Intervention and Prevention Act;
2. Average expenditures per juvenile during the most recent state fiscal year;
3. Analyses of the nature and effectiveness of gang-related delinquency prevention and early intervention programs provided by eligible entities pursuant to contracts;
4. Effectiveness of each of the programs provided by the eligible entities;
5. Recommendations regarding distribution of the funds based upon the effectiveness of the programs provided by the eligible entities; and
6. Any other information or recommendations deemed necessary by the Board of Juvenile Affairs.
(1) After consultation with appropriate agencies and officials, including the Department of Education, each school district is encouraged to develop and adopt a comprehensive policy to reduce gang involvement, violent activities, and drug abuse by public school students in the school district, including but not limited to:
(a) A statement that evaluates:
(A) The nature and extent of gang involvement, violent activities, and drug abuse by public school students of the school district and (B) The impact of gang involvement, violent activities, and drug abuse on the ability of public schools in the school district to meet curriculum requirements and improve the attendance of public school students.
(b) A statement that emphasizes the need to reduce gang involvement, violent activities, and drug abuse by public school students.
(c) Strategies to reduce gang involvement, violent activities, and drug abuse by students of the school district considering the needs of the public school students.
(d) Methods to communicate conflict resolution skills to the teachers and public school students of the school district.
(e) Strategies to inform the teachers of the school district, the parents of public school students, and the public about the policy the school district developed pursuant to this section.
(2) As used in this section, "gang" means a group that identifies itself through the use of a name; unique appearance or language, including hand signs; the claiming of geographical territory; or the espousing of a distinctive belief system that frequently results in criminal activity.
(a) There is established in the Rhode Island justice commission the gang violence prevention advisory committee. The committee exists as a permanent subcommittee of the Rhode Island justice commission, juvenile justice advisory committee. The committee shall be composed of members of the Rhode Island justice commission, juvenile justice advisory committee, which currently exists within the Rhode Island justice commission and is charged by the governor and the office of juvenile justice and delinquency prevention to address issues relating to delinquency and youth violence within the state. Membership qualifications are described in subparagraphs (i)–(iii) of Section 223(A)(3) of the Juvenile Justice and Delinquency Prevention Act of 1974 [42 U.S.C. Section 5633(a)(A)(i)–(iii)] as amended. The function and structure of this committee along with its historic activities in gang intervention/prevention will enable it to carry out the intent of this section.
(b) The gang violence prevention advisory committee shall coordinate, review, purpose, and oversee gang prevention, intervention, and suppression programs on a state level. The committee shall also coordinate with the Rhode Island justice commission in efforts to obtain federal funds, grants, or other appropriations necessary and useful to carry out the purpose of this section.
(a) The legislature hereby finds and declares the following:
(1) There is greater threat to public safety resulting from gang- and drug-related activity in and near Rhode Island's inner cities.
(2) Young people, especially at-risk youth, are more vulnerable to gang and drug-related activity during the potentially unsupervised hours between the end of school and the time their parents or guardians return home from work.
(3) Without local prevention and treatment efforts, hard drugs will continue to threaten and destroy families and communities in and near the inner cities. Drug-related violence may then escalate dramatically in every community and thereby burden the criminal justice system to the point that it cannot function effectively.
(4) It is the intent of the Legislature that a pilot program, the "After School Alternative Program" (ASAP), be established and implemented within a specified Rhode Island community. This community program would utilize the public schools, businesses, and community facilities to provide supportive programs and activities to young people during the time between the end of school and the return home of their parents or guardians (from approximately 2:00 p.m. to 7:00 p.m.).
(a) There is hereby created within the Rhode Island justice commission, a pilot program known as the "After School Alternative Program" (ASAP). The establishment of the pilot program pursuant to this section shall be contingent upon the availability and receipt of federal and/or private funding for this purpose. The goal of the pilot program shall be to reduce gang activity and drug-related crime in and near the targeted schools, businesses, and community sites. This shall be accomplished by coordinating the efforts of community-based organizations, public schools, law enforcement officials, parents, and business leaders in participating communities to prevent the illicit activities of current and potential gang members and drug users by making alternative activities available. These activities may be provided at school or community sites and may include:
(1) Recreational, arts, crafts, computer, or academic tutorial programs.
(2) Job counseling and training, with the participation of community business representatives.
(3) Presentations by law enforcement officials and informal get-togethers.
(4) Group and individual (as needed) drug and/or gang counseling.
(5) Community awareness presentations.
(b) A Rhode Island community may elect to participate in the pilot project established pursuant to Subdivision (a) by establishing an ASAP program. The community may be any designated area that contains up to two (2) public high schools and feeder schools, as well as active business enterprises and a viable local community-based organization.
(c) The community shall submit its program to the gang violence prevention advisory committee for review. The committee upon receipt of all programs from applying communities shall select one project to receive funding. The project selected shall receive funding for one calendar year from the date of selection. All rules and regulations for application, review, and award shall be promulgated by the committee.
(d) This section shall remain operative only until June 30, 2000, and is repealed on that date unless a later enacted statute extends that date.
There is established in the appropriate office of the State Budget and Control Board a Community Safety Anti-Gang Matching Grants program to provide funding for local programs to prevent youth idleness and intervene with at-risk youth. These grants may be awarded to counties and municipalities upon application for after-school programs, summer youth employment programs, and police and sheriff anti-gang task forces. Grants must be awarded on a two-for-one matching basis with the local match component consisting of cash. Grant applications must be reviewed and rated by the Governor's Committee on Criminal Justice, Crime, and Delinquency, but responsibility for the award of grants is solely with the board. Funding for these grants must be in the amount as the General Assembly shall provide by law.
(a) The commissioner of education, in consultation with the commissioner of safety, shall develop advisory guidelines for LEAs to use in developing safe and secure learning environments in schools by January 1, 1997. Such guidelines shall emphasize consultation at the local level with appropriate law enforcement authorities.
(b) The department of education may prepare and distribute to LEAs guidelines for incorporating into local staff development and in-service training the materials and speakers necessary to help educators reduce gang and individual violence, to assist in drug and alcohol abuse prevention, and to provide educators with the tools for nonintrusive identification of potentially violent individuals in and around schools. The department may, upon request, assist LEAs in developing comprehensive violence, drug and alcohol abuse prevention in-service training programs. Department guidelines shall encourage the sharing of resources, the development of joint or collaborative programs, and the coordination of efforts with local health departments, county and city law enforcement agencies, and other public agencies providing health, drug, alcohol, gang violence prevention, and other related services.
Each LEA, in consultation with local law enforcement, shall annually evaluate the threat to and influence on school children by gangs in the community. If the LEA finds that there is a substantial threat to or influence on school children by gangs, then the LEA shall institute gang awareness education for elementary and middle school students and their parents in schools in neighborhoods with gang activity or the potential for gang activity. The purpose of such curriculum shall be to strengthen students' abilities to resist engagement in gangs and gang-like activities and to help parents guide their children away from gangs and gang influence by providing information and understanding of gangs and gang activities. The curriculum for elementary and middle school students shall be a part of the regular curriculum of such schools. The Department of Education shall assist LEAs in development of curricula appropriate to each LEA's circumstances.
(a) The criminal justice division established under Section 772.006 shall administer a competitive grant program to support regional, multidisciplinary approaches to combat gang violence through the coordination of gang prevention, intervention, and suppression activities.
(b) The grant program administered under this section must be directed toward regions of this state that have demonstrably high levels of gang violence.
(c) The criminal justice division shall award grants to qualified applicants, as determined by the division, that demonstrate a comprehensive approach that balances gang prevention, intervention, and suppression activities to reduce gang violence.
(d) The criminal justice division shall include in the biennial report required by Section 772.006(a)(9) detailed reporting of the results and performance of the grant program administered under this section.
(e) The criminal justice division may use any revenue available for purposes of this section.
(1) The Legislature shall provide an annual appropriation from the Uniform School Fund to the State Board of Education for a gang prevention and intervention program designed to help students at risk for gang involvement stay in school, enhance their self-
esteem, and improve their intellectual and life skills.
(2) The program shall:
(a) provide independent gang prevention and intervention both inside and outside of school grounds when necessary, including:
(i) meetings with gang members and other students whose activities negatively impact students in the program;
(ii) intervening in situations involving gangs that impact students in the program or can
result in violence;
(iii) in-home visits with families of students in the program designed to encourage parents to become involved in their child’s education; and
(iv) notifying law enforcement personnel when a particular problem cannot be defused or when required by law; and
(b) maintaining required individual information including profiles on each student receiving direct services through the program, including:
(i) attendance records;
(ii) academic records; and
(iii) extra-curricular activities.
(3) The program coordinator at each school shall:
(a) be on the school grounds during school hours;
(b) have received training on gang prevention and intervention strategies in the schools;
(c) have an understanding of the cultural backgrounds of gang members and at-risk students and be aware of the potential for gang involvement in all situations; and
(d) have a minimum of one year’s experience or on-site training in gang related issues inside the schools.
(4) Individual schools within each school district interested in providing a gang prevention and intervention program shall apply to the school board for funds.
(5) Individual schools shall be required to provide a percentage of the funding necessary for the program in their school, at least one-half of which must be provided through in-kind services. In-kind services may not include office space and support. Percentage requirements shall be as follows:
(a) elementary schools, 12%;
(b) middle, intermediate, or junior high schools, 18%;
(c) high schools, 25%.
(6) Individual schools receiving funds may provide the program to their students by contracting with a private entity whose program meets the requirements set out in Subsections (2) and (3).
(1) (a) The State Board of Education shall adopt rules that require a local school board or governing board of a charter school to enact gang prevention and intervention policies for all schools within the board's jurisdiction.
(b) The rules described in Subsection (1)(a) shall provide that the gang prevention and intervention policies of a local school board or charter school governing board may include provisions that reflect the individual school district's or charter school's unique needs or circumstances.
(2) The rules described in Subsection (1) may include the following provisions:
(a) school faculty and personnel shall report suspected gang activities relating to the school and its students to a school administrator and law enforcement;
(b) a student who participates in gang activities may be excluded from participation in extracurricular activities, including interscholastic athletics, as determined by the school administration after consultation with law enforcement;
(c) gang-related graffiti or damage to school property shall result in parent or guardian notification and appropriate administrative and law enforcement actions, which may include obtaining restitution from those responsible for the damage;
(d) if a serious gang-related incident, as determined by the school administrator in consultation with local law enforcement, occurs on school property, at school related activities, or on a site that is normally considered to be under school control, notification shall be provided to parents and guardians of students in the school:
(i) informing them, in general terms, about the incident, but removing all personally identifiable information about students from the notice;
(ii) emphasizing the school's concern for safety; and
(iii) outlining the action taken at the school regarding the incident;
(e) school faculty and personnel shall be trained by experienced evidence based trainers that may include community gang specialists and law enforcement as part of comprehensive strategies to recognize early warning signs for youth in trouble and help students resist serious involvement in undesirable activity, including joining gangs or mimicking gang behavior;
(f) prohibitions on the following behavior:
(i) advocating or promoting a gang or any gang-related activities;
(ii) marking school property, books, or school work with gang names, slogans, or signs;
(iii) conducting gang initiations;
(iv) threatening another person with bodily injury or inflicting bodily injury on another in connection with a gang or gang-related activity;
(v) aiding or abetting an activity described under Subsections (1)(f)(i) through (iv) by a person's presence or support;
(vi) displaying or wearing common gang apparel, common dress, or identifying signs or symbols on one's clothing, person, or personal property that is disruptive to the school environment; and
(vii) communicating in any method, including verbal, non-verbal, and electronic means, designed to convey gang membership or affiliation.
(3) The rules described in Subsection (1) may require a local school board or governing board of a charter school to publicize the policies enacted by the local school board or governing board of a charter school in accordance with the rules described in Subsection (1) to all students, parents, guardians, and faculty through school websites, handbooks, letters to parents and guardians, or other reasonable means of communication.
(4) The State Board of Education may consult with appropriate committees, including committees that provide opportunities for the input of parents, law enforcement, and community agencies, as it develops, enacts, and administers the rules described in Subsection (1).
A local school board may establish after school programs designed to prevent at-risk youth from engaging in illegal or gang-related activities for school aged children.
Local funds appropriated for K through 12 education may be used to support such after-school programs.
(1) The department of social and health services may contract with a community-based nonprofit organization to establish a three-step transitional treatment program for gang and drug-involved juvenile offenders committed to the custody of the department under chapter 13.40 RCW. Any such program shall provide six to twenty-four months of treatment. The program shall emphasize the principles of self-determination, unity, collective work and responsibility, cooperative economics, and creativity. The program shall be culturally relevant and appropriate and shall include:
(a) A culturally relevant and appropriate institution-based program that provides comprehensive drug and alcohol services, individual and family counseling, and a wilderness experience of constructive group living, rigorous physical exercise, and academic studies;
(b) A culturally relevant and appropriate community-based structured group living program that focuses on individual goals, positive community involvement, coordinated drug and alcohol treatment, coordinated individual and family counseling, academic and vocational training, and employment in apprenticeship, internship, and entrepreneurial programs; and
(c) A culturally relevant and appropriate transitional group living program that provides support services, academic services, and coordinated individual and family counseling.
(2) Participation in any such program shall be on a voluntary basis.
(3) The department shall adopt rules as necessary to implement any such program.
It is the intent of the legislature to cause the development of positive prevention and intervention pilot programs for elementary- and secondary-aged youth through cooperation between individual schools, local organizations, and government. It is also the intent of the legislature that, if the prevention and intervention pilot programs are determined to be effective in reducing problems associated with youth gang violence, other counties in the state be eligible to receive special state funding to establish similar positive prevention and intervention programs.
Unless the context otherwise requires, the following definitions shall apply throughout RCW 43.310.005 through 43.310.040 and *sections 5 and 7 through 10, chapter 497, Laws of 1993:
(1) "School" means any public school within a school district any portion of which is in a county with a population of over one hundred ninety thousand.
(2) "Community organization" means any organization recognized by a city or county as such, as well as private, nonprofit organizations registered with the secretary of state.
(3) "Gang risk prevention and intervention pilot program" means a community-based positive prevention and intervention program for gang members, potential gang members, at-risk youth, and elementary- through high school-aged youth directed at all of the following:
(a) Reducing the probability of youth involvement in gang activities and consequent violence.
(b) Establishing ties, at an early age, between youth and community organizations.
(c) Committing local business and community resources to positive programming for youth.
(d) Committing state resources to assist in creating the gang risk prevention and intervention pilot programs.
(4) "Cultural awareness retreat" means a program that temporarily relocates at-risk youth or gang members and their parents from their usual social environment to a different social environment, with the specific purpose of having them performing activities which will enhance or increase their positive behavior and potential life successes.
(1) The department of community, trade, and economic development may recommend existing programs or contract with either school districts or community organizations, or both, through a request for proposal process for the development, administration, and implementation in the county of community-based gang risk prevention and intervention pilot programs.
(2) Proposals by the school district for gang risk prevention and intervention pilot program grant funding shall begin with school years no sooner than the 1994-95 session, and last for a duration of two years.
(3) The school district or community organization proposal shall include:
(a) A description of the program goals, activities, and curriculum. The description of the program goals shall include a list of measurable objectives for the purpose of evaluation by the department of community, trade, and economic development. To the extent possible, proposals shall contain empirical data on current problems, such as drop-out rates and occurrences of violence on and off campus by school-aged individuals.
(b) A description of the individual school or schools and the geographic area to be affected by the program.
(c) A demonstration of broad-based support for the program from business and community organizations.
(d) A clear description of the experience, expertise, and other qualifications of the community organizations to conduct an effective prevention and intervention program in cooperation with a school or a group of schools.
(e) A proposed budget for expenditure of the grant.
(4) Grants awarded under this section may not be used for the administrative costs of the school district or the individual school.
Gang risk prevention and intervention pilot programs shall include, but are not limited to:
(1) Counseling for targeted at-risk students, parents, and families, individually and collectively.
(2) Exposure to positive sports and cultural activities, promoting affiliations between youth and the local community.
(3) Job training, which may include apprentice programs in coordination with local businesses, job skills development at the school, or information about vocational opportunities in the community.
(4) Positive interaction with local law enforcement personnel.
(5) The use of local organizations to provide job search training skills.
(6) Cultural awareness retreats.
(7) The use of specified state resources, as requested.
(8) Full service schools under *section 9 of this act.
(9) Community service such as volunteerism and citizenship.