Index
A. Except as otherwise prescribed in section 13-3411, a person who is convicted of a felony offense that is committed in a school safety zone is guilty of the same class of felony that the person would otherwise be guilty of if the violation had not occurred within a school safety zone, except that the court may impose a sentence that is one year longer than the minimum, maximum and presumptive sentence for that violation if the person is not a criminal street gang member or up to five years longer than the minimum, maximum and presumptive sentence for that violation if the person is a criminal street gang member. The additional sentence imposed under this subsection is in addition to any other enhanced punishment that may be applicable under section 13-703, section 13-704, section 13-706, section 13-708, subsection D or chapter 34 of this title.
B. In addition to any other penalty prescribed by this title, the court may order a person who is subject to subsection A of this section to pay a fine of not less than two thousand dollars and not more than the maximum authorized by chapter 8 of this title.
C. Each school district governing board or its designee, or chief administrative officer in the case of a nonpublic or charter school, may place and maintain permanently affixed signs that are located in a visible manner at the main entrance of each school and that identify the school and its accompanying grounds as a school safety zone. A school may include information regarding the school safety zone boundaries on a sign that identifies the area as a drug free zone and not post separate school safety zone signs.
D. For the purposes of this section:
1. "School" means any public or nonpublic kindergarten program, common school or high school.
2. "School safety zone" means any of the following:
(a) The area within three hundred feet of a school or its accompanying grounds.
(b) Any public property within one thousand feet of a school or its accompanying grounds.
(c) Any school bus.
(d) A bus contracted to transport pupils to any school during the time when the contracted vehicle is transporting pupils on behalf of the school.
(e) A school bus stop.
(f) Any bus stop where school children are awaiting, boarding or exiting a bus contracted to transport pupils to any school.
(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) Any local or regional board of education may authorize the administration of the schools under its direction to suspend from school privileges any pupil whose conduct on school grounds or at a school-sponsored activity is violative of a publicized policy of such board or is seriously disruptive of the educational process or endangers persons or property or whose conduct off school grounds is violative of such policy and is seriously disruptive of the educational process. In making a determination as to whether conduct is seriously disruptive of the educational process, the administration may consider, but such consideration shall not be limited to, (1) whether the incident occurred within close proximity of a school; (2) whether other students from the school were involved or whether there was any gang involvement; and (3) whether the conduct involved violence, threats of violence, or the unlawful use of a weapon, as defined in Section 29-38, and whether any injuries occurred.
(a)(1) Any local or regional board of education, at a meeting at which three or more members of such board are present, or the impartial hearing board established pursuant to Subsection (b) of this section, may expel, subject to the provisions of this subsection, any pupil whose conduct on school grounds or at a school-sponsored activity is violative of a publicized policy of such board or is seriously disruptive of the educational process or endangers persons or property or whose conduct off school grounds is violative of such policy and is seriously disruptive of the educational process, provided a majority of the board members sitting in the expulsion hearing vote to expel and that at least three affirmative votes for expulsion are cast. In making a determination as to whether conduct is seriously disruptive of the educational process, the board of education or impartial hearing board may consider, but such consideration shall not be limited to, (A) whether the incident occurred within close proximity of a school; (B) whether other students from the school were involved or whether there was any gang involvement; and (C) whether the conduct involved violence, threats of violence, or the unlawful use of a weapon, as defined in Section 29-38, and whether any injuries occurred.
(a) Each school district and charter school shall ensure that its public school employees receive combined training each year totaling one hour in the identification and reporting of criminal youth gang activity pursuant to § 617 of Title 11 and bullying prevention pursuant to § 4112D of this title. The training materials shall be prepared by the Department of Justice and the Department of Education in collaboration with law enforcement agencies, the Delaware State Education Association, the Delaware School Boards Association, and the Delaware Association of School Administrators.
Each educational facility which employs campus policemen, including institutions of the University System of Georgia, shall report to the Georgia Bureau of Investigation and to the local law enforcement agency incidents of criminal gang activity as defined by Code Section 16-15-3 which occur on or adjacent to the campus of such educational facility.
(a) A person commits the offense of criminal street gang recruitment on school grounds or public property adjacent to school grounds when on school grounds or public property adjacent to school grounds, he or she threatens the use of physical force to coerce, solicit, recruit, or induce another person to join or remain a member of a criminal street gang, or conspires to do so.
(a-5) A person commits the offense of criminal street gang recruitment of a minor when he or she threatens the use of physical force to coerce, solicit, recruit, or induce another person to join or remain a member of a criminal street gang, or conspires to do so, whether or not such threat is communicated in person, by means of the Internet, or by means of a telecommunications device.
(b) Sentence. Criminal street gang recruitment on school grounds or public property adjacent to school grounds is a Class 1 felony and criminal street gang recruitment of a minor is a Class 1 felony.
(c) In this Section:
"Criminal street gang" has the meaning ascribed to it in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act [740 ILCS 140/10].
"School grounds" means the building or buildings or real property comprising a public or private elementary or secondary school, community college, college, or university and includes a school yard, school playing field, or school playground.
"Minor" means any person under 18 years of age.
"Internet" means an interactive computer service or system or an information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, and includes, but is not limited to, an information service, system, or access software provider that provides access to a network system commonly known as the Internet, or any comparable system or service and also includes, but is not limited to, a World Wide Web page, newsgroup, message board, mailing list, or chat area on any interactive computer service or system or other online service.
"Telecommunications device" means a device that is capable of receiving or transmitting speech, data, signals, text, images, sounds, codes, or other information including, but not limited to, paging devices, telephones, and cellular and mobile telephones.
The department shall establish the anti-gang counseling pilot program to provide financial assistance to participating school corporations to establish pilot projects designed to do the following:
(1) Educate students and parents:
(A) of the extent to which criminal gang activity exists in the school corporation's community;
(B) on the negative societal impact that criminal gangs have on the community; and
(C) on methods to discourage participation in criminal gangs.
(2) Encourage the use of community resources not directly affiliated with the school corporation, including law enforcement officials, to participate in the particular pilot project.
(3) Enable the participating school corporations on a case-by-case basis and with the prior written approval of the student's parent to contract with community mental health centers to provide appropriate anti-gang counseling to a student identified by the student's school guidance counselor as being at risk of becoming a member of a criminal gang or at risk of engaging in criminal gang activity.
1. The general assembly finds and declares that the students and the administrative and instructional staffs of Iowa’s public schools have the right to be safe and secure at school. Gang-related apparel worn at school draws attention away from the school’s learning environment and directs it toward thoughts or expressions of violence, bigotry, hate, and abuse.
2. The board of directors of a school district may adopt, for the district or for an individual school within the district, a dress code policy that prohibits students from wearing gang-related or other specific apparel if the board determines that the policy is necessary for the health, safety, or positive educational environment of students and staff in the school environment or for the appropriate discipline and operation of the school. Adoption and enforcement of a dress code policy is not a violation of section 280.22.
(a) Activities on or near school vehicles or property. -- A person may not threaten an individual, or a friend or family member of an individual, with or use physical violence to coerce, induce, or solicit the individual to participate in or prevent the individual from leaving a criminal gang:
(1) in a school vehicle, as defined under § 11-154 of the Transportation Article; or
(2) in, on, or within 1,000 feet of real property owned by or leased to an elementary school, secondary school, or county board of education and used for elementary or secondary education.
(b) Applicability. -- Subsection (a) of this section applies whether or not:
(1) school was in session at the time of the crime; or
(2) the real property was being used for purposes other than school purposes at the time of the crime.
(c) Penalties. -- A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 4 years or a fine not exceeding $ 4,000 or both.
(d) Merger with § 9-802 conviction prohibited. -- Notwithstanding any other law, a conviction under this section may not merge with a conviction under § 9-802 of this subtitle.
(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.
(1) At least annually, each school board shall prepare and submit to the superintendent of public instruction, in the form and manner prescribed by the superintendent of public instruction, a report stating the number of pupils expelled from the school district during the immediately preceding school year, with a brief description of the incident that caused each expulsion.
(2) In order to obtain an accurate local and statewide picture of school crime and to develop the partnerships necessary to plan and implement school safety programs, at least annually, each school board shall report to the superintendent of public instruction, in the form and manner prescribed by the superintendent of public instruction, incidents of crime occurring at school within the school district. In determining the form and manner of this report, the superintendent of public instruction shall consult with local and intermediate school districts and law enforcement officials. The reporting shall include at least crimes involving physical violence; gang-related activity; illegal possession of a controlled substance or controlled substance analogue or other intoxicant; trespassing; and property crimes including, but not limited to, theft and vandalism. For a property crime, the report shall include an estimate of the cost to the school district resulting from the property crime. The school crime reporting requirements of this subsection are intended to do all of the following:
(a) Help policymakers and program designers at the local and state levels develop appropriate prevention and intervention programs.
(b) Provide the continuous assessment tools needed for revising and refining school safety programs.
(c) Assist schools and school districts to identify the most pressing safety issues confronting their school communities, to direct resources appropriately, and to enhance campus safety through prevention and intervention strategies.
(d) Foster the creation of partnerships among schools, school districts, state agencies, communities, law enforcement, and the media to prevent further crime and violence and to assure a safe learning environment for every pupil.
(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.
The local school board shall adopt and make available to all teachers, school personnel, students and parents or guardians, at the beginning of each school year, a code of student conduct developed in consultation with teachers, school personnel, students and parents or guardians. The code shall be based on the rules governing student conduct and discipline adopted by the school board and shall be made available at the school level in the student handbook or similar publication. The code shall include, but not be limited to:
(g) Policies and procedures specifically concerning gang-related activities in the school, on school property or vehicles, or at school-related activities.
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. 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.
a. The Attorney General shall develop and maintain, in coordination with the Commissioner of Education, a gang education seminar program to educate public and nonpublic school administrators on how to recognize signs of gang involvement or activity. A seminar shall be offered annually in each county and shall be held in the office of the county superintendent of schools or such other facility as the Attorney General or Commissioner of Education shall designate.
b. A superintendent, assistant superintendent, principal, or other administrator employed by a public school district shall attend a gang education seminar offered pursuant to this section within the first year of initial employment as an administrator with a public school district. An administrator employed by a school district prior to the effective date [Oct.12, 2007] of this act shall attend the first seminar offered in the county subsequent to its enactment. A superintendent, assistant superintendent, principal, or other administrator shall be exempt from the requirements of this section if that person has successfully completed a gang education seminar conducted by a public school district which is substantially equivalent to the seminar required pursuant to this section.
c. A gang education seminar offered pursuant to this section shall be open to all public and nonpublic school administrators.
A law enforcement agency may disseminate an assessment of criminal intelligence information to the principal of a school when necessary to avoid imminent danger to the life of a student or employee of the school or to the public school property pursuant to 28 C.F.R. § 23.20. The notification may be made in person or by telephone. As used in this subsection, the term "school" means any public or private school in the State under Chapter 115C of the General Statutes.
(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) 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.
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 LEAs of this state are hereby authorized to promulgate and adopt rules and regulations to prohibit the activities of criminal gangs on school property. Such rules and regulations may prohibit students in grades six through twelve (6–12) from:
(1) Wearing, while on school property, any type of clothing, apparel or accessory, including that which denotes such students' membership in or affiliation with any criminal gang;
(2) Any activity that encourages participation in a criminal gang or facilitates illegal acts of a criminal gang; and
(3) Any conduct that is seriously disruptive to the educational process or endangers persons or property.
(b) The local law enforcement agency shall advise the local board, upon request, of criminal gangs and associated criminal gang activity.
(c) As used in this section, "criminal gang" means a formal or informal ongoing organization, association, or group consisting of three (3) or more persons that has:
(1) As one (1) of its activities the commission of criminal acts; and
(2) Two (2) or more members who, individually or collectively, engage in or have engaged in a pattern of criminal gang activity.
The superintendent of each public school district and the administrator of each private elementary or secondary school located in the public school district shall ensure that the student handbook for each campus in the public school district includes information on gang-free zones and the consequences of engaging in organized criminal activity within those zones.
(a) A person commits an offense if the person:
(1) is a member of, pledges to become a member of, joins, or solicits another person to join or pledge to become a member of a public school fraternity, sorority, secret society, or gang; or
(2) is not enrolled in a public school and solicits another person to attend a meeting of a public school fraternity, sorority, secret society, or gang or a meeting at which membership in one of those groups is encouraged.
(b) A school district board of trustees or an educator shall recommend placing in a disciplinary alternative education program any student under the person's control who violates Subsection (a).
(c) An offense under this section is a Class C misdemeanor.
(d) In this section, "public school fraternity, sorority, secret society, or gang" means an organization composed wholly or in part of students of public primary or secondary schools that seeks to perpetuate itself by taking in additional members from the students enrolled in school on the basis of the decision of its membership rather than on the free choice of a student in the school who is qualified by the rules of the school to fill the special aims of the organization. The term does not include an agency for public welfare, including Boy Scouts, Hi-Y, Girl Reserves, DeMolay, Rainbow Girls, Pan-American Clubs, scholarship societies, or other similar educational organizations sponsored by state or national education authorities.
The governing board of each institution of higher education shall ensure that any student handbook or similar publication for the institution includes information on gang-free zones and the consequences of engaging in organized criminal activity within those zones.
(a) A person commits an offense if the person:
(1) is a member of, pledges to become a member of, joins, or solicits another person to join or pledge to become a member of a public school fraternity, sorority, secret society, or gang; or
(2) is not enrolled in a public school and solicits another person to attend a meeting of a public school fraternity, sorority, secret society, or gang or a meeting at which membership in one of those groups is encouraged.
(b) A school district board of trustees or an educator shall recommend placing in an alternative education program any student under the person’s control who violates Subsection (a).
(c) An offense under this section is a Class C misdemeanor.
(d) In this section, "public school fraternity, sorority, secret society, or gang" means an organization composed wholly or in part of students of public primary or secondary schools that seeks to perpetuate itself by taking in additional members from the students enrolled in school on the basis of the decision of its membership rather than on the free choice of a student in the school who is qualified by the rules of the school to fill the special aims of the organization. The term does not include an agency for public welfare, including Boy Scouts, Hi-Y, Girl Reserves, DeMolay, Rainbow Girls, Pan-American Clubs, scholarship societies, or other similar educational organizations sponsored by state or national education authorities.
Each day-care center shall, in accordance with rules adopted by the executive commissioner, distribute to parents and guardians of children who attend the center information on gang-free zones and the consequences of engaging in organized criminal activity within those zones.
(a) In this section:
(1) "Institution of higher education," "playground," "premises," "school," "video arcade facility," and "youth center" have the meanings assigned by Section 481.134, Health and Safety Code.
(2) "Shopping mall" means an enclosed public walkway or hall area that connects retail, service, or professional establishments.
(b) This section applies to an offense listed in Section 71.02(a)(1), (4), or (7), other than burglary, theft, burglary of a motor vehicle, or unauthorized use of a motor vehicle.
(c) Except as provided by Subsection (d), the punishment prescribed for an offense described by Subsection (b) is increased to the punishment prescribed for the next highest category of offense if the actor is 17 years of age or older and it is shown beyond a reasonable doubt on the trial of the offense that the actor committed the offense at a location that was:
(1) in, on, or within 1,000 feet of any:
(A) real property that is owned, rented, or leased by a school or school board;
(B) premises owned, rented, or leased by an institution of higher education;
(C) premises of a public or private youth center; or
(D) playground;
(2) in, on, or within 300 feet of any:
(A) shopping mall;
(B) movie theater;
(C) premises of a public swimming pool; or
(D) premises of a video arcade facility; or
(3) on a school bus.
(d) The punishment for an offense described by Subsection (b) may not be increased under this section if the offense is punishable under Section 71.02 as a felony of the first degree.
The conduct and discipline policies required under Section 53A-11-901 shall include:
(7) specific provisions for preventing and responding to gang-related activities in the school, on school grounds, on school vehicles, or in connection with school-related activities or events.
(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).
Any person who violates § 18.2-46.2 (i) upon the property, including buildings and grounds, of any public or private elementary, secondary, or postsecondary school, or any public or private two-year or four-year institution of higher education; (ii) upon public property or any property open to public use within 1,000 feet of such school property; (iii) on any school bus as defined in § 46.2-100; or (iv) upon the property, including buildings and grounds, of any publicly owned or operated community center or any publicly owned or operated recreation center is guilty of a felony punishable as specified in § 18.2-46.2, and shall be sentenced to a mandatory minimum term of imprisonment of two years. A person who violates subsection A of § 18.2-46.3 upon any property listed in this section is guilty of a Class 6 felony, except that any person 18 years of age or older who violates subsection A of § 18.2-46.3 upon any property listed in this section, when such offense is committed against a juvenile, is guilty of a Class 5 felony. Any person who violates subsection B of § 18.2-46.3 upon any property listed in this section is guilty of a Class 5 felony. It is a violation of this section if the person violated § 18.2-46.2 or 18.2-46.3 on the property described in clauses (i) through (iii) regardless of where the person intended to commit such violation.
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) A task force on gangs in schools is created to examine current adult and youth gang activities that are affecting school safety. The task force shall work under the guidance of the superintendent of public instruction school safety center, the school safety center advisory committee, and the Washington Association of Sheriffs and Police Chiefs.
(2) The task force shall be comprised of representatives, selected by the superintendent of public instruction, who possess expertise relevant to gang activity in schools. The task force shall outline methods for preventing new gangs, eliminating existing gangs, gathering intelligence, and sharing information about gang activities.
(3) Beginning December 1, 2007, the task force shall annually report its findings and recommendations to the education committees of the legislature.
(1) A student who is enrolled in a public school or an alternative school may be suspended or expelled if the student is a member of a gang and knowingly engages in gang activity on school grounds.
(2) "Gang" means a group which (a) consists of three or more persons; (b) has identifiable leadership; and (c) on an ongoing basis, regularly conspires and acts in concert mainly for criminal purposes.