Chapter 3.5. Gang Violence Suppression of California Penal Code >> Title 6. >> Part 4. >> Chapter 3.5.
The Legislature finds and declares all of the following:
(a) That violent activity by gangs is a serious and growing
problem in the State of California.
(b) There is an increasing percentage of school age pupils
involved in gang activity.
(c) There are many schools that serve a disproportionate number of
youth involved in gang activity which are unable to effectively
implement programs designed to prevent youth from becoming involved
in gang activity. There is no statewide funded educational program
developed for this purpose.
(d) There is evidence that gang involvement among youth begins at
an early age.
(e) There is evidence that the parents of gang members lack
appropriate parenting skills.
(f) There is evidence that drug activity is increasing among youth
involved in gang activity.
(g) There is evidence that gang members have no contact with
positive role models.
(h) There is evidence that most gang members lack basic
In enacting this chapter, the Legislature intends to support
increased efforts by district attorneys' offices to prosecute the
perpetrators of gang violence, support increased efforts by local law
enforcement agencies to identify, investigate, and apprehend
perpetrators of gang violence, support increased efforts by county
probation departments to intensively supervise gang members who are
on court-ordered probation, support gang violence prevention and
intervention efforts by school districts and county offices of
education, and support gang violence suppression efforts by
(a) There is hereby established in the Board of State and
Community Corrections, the Gang Violence Suppression Program, a
program of financial and technical assistance for district attorneys'
offices, local law enforcement agencies, county probation
departments, school districts, county offices of education, or any
consortium thereof, and community-based organizations which are
primarily engaged in the suppression of gang violence.
(b) Funds made available pursuant to this chapter are intended to
ensure the highest quality provision of services and to reduce
unnecessary duplication. Funds disbursed under this chapter shall not
be used by local agencies to supplant other funding for Public
Safety Services, as defined in Section 36 of Article XIII of the
California Constitution. Funds awarded under this program as local
assistance grants shall not be subject to review as specified in
Section 10295 of the Public Contract Code.
(a) The Legislature hereby finds and declares the
(1) There is a greater threat to public safety resulting from
gang- and drug-related activity in and near California's inner
(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
(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) The Legislature hereby finds and declares that the
implementation of the Gang Violence Suppression Program, as provided
in this chapter, has made a positive impact in the battle against
crimes committed by gang members in California.
(b) The Legislature further finds and declares that the program,
when it was originally created in 1981, provided financial and
technical assistance only for district attorneys' offices. Since that
time, however, the provisions of the program have been amended by
the Legislature to enable additional public entities and
community-based organizations to participate in the program.
Gang violence prosecution units receiving funds under this
chapter are encouraged to concentrate enhanced prosecution efforts
and resources upon cases identified under the suggested criteria set
forth in Section 13826.3. Enhanced prosecution efforts may include,
but not be limited to:
(a) "Vertical" prosecutorial representation, whereby the
prosecutor who makes the initial filing or appearance in a
gang-related case will perform all subsequent court appearances on
that particular case through its conclusion, including the sentencing
(b) Assignment of highly qualified investigators and prosecutors
to gang-related cases.
(c) Significant reduction of caseloads for investigators and
prosecutors assigned to gang-related cases.
(d) Measures taken in coordination with law enforcement agencies
to protect cooperating witnesses from intimidation or retribution at
the hands of gang members or associates.
(a) An individual is subject to gang violence prosecution
efforts if he or she is under arrest for the commission or the
attempted commission of any gang-related violent crime where the
individual is (1) a known member of a gang, and (2) has exhibited a
prior criminal background.
(b) For purposes of this chapter, "gang-related" means that the
suspect or victim of the crime is a known member of a gang.
(c) For purposes of this chapter, gang violence prosecution
includes both criminal prosecutions and proceedings in Juvenile Court
in which a petition is filed pursuant to Section 602 of the Welfare
and Institutions Code.
Law enforcement agencies receiving funds under this
chapter are encouraged to concentrate enhanced law enforcement
efforts and resources upon cases identified under criteria set forth
in Section 13826.3. Enhanced law enforcement criteria efforts may
include, but not be limited to:
(a) The formation of a specialized gang violence unit whose staff
shall be composed of the most highly qualified and trained personnel.
(b) The efforts of the gang violence unit may include, but not be
(1) Increased efforts to apprehend, prosecute, and convict violent
"hard core" target gang members.
(2) Increasing the clearance rate of reported crimes which are
targeted as gang related.
(3) Establishing more positive relations with, and encouraging the
support of local citizens, community-based organizations, business
representatives, and other criminal agencies.
(4) Aiding and assisting other criminal justice and governmental
agencies in protecting cooperating witnesses from intimidation or
retribution at the hands of gang members and their associates.
(c) Law enforcement agencies receiving funds under this program
shall maintain a crime analysis capability which provides the
following type of information:
(1) Identification of active gang members who have exhibited a
prior criminal background.
(2) Identification of evolving or existing crime patterns that are
(3) Providing investigative leads.
(4) Maintaining statistical information pertaining to gang related
County probation departments receiving funding under this
chapter shall strictly enforce court-ordered conditions of probation
for gang members.
(a) County probation departments supported under the Gang Violence
Suppression Program may implement the following activities:
(1) A Gang Violence Intensive Supervision Unit dealing with gang
members may be established.
(2) Criteria used to determine which probationer may be assigned
to the Gang Violence Intensive Supervision Unit may be approved by
the district attorney having a Gang Violence Prosecution Unit
described in Section 13826.2.
(3) County probation departments are encouraged to inform
probationers whose cases are assigned to the intensive supervision
unit of what types of behavior are prescribed or forbidden. The
counties are encouraged to provide notice in both oral and written
(4) County probation departments are encouraged to inform
probationers whose cases are assigned to the intensive supervision
unit, in writing, that all court-ordered conditions of probation will
be strictly enforced.
(5) County probation departments are encouraged to ensure that
deputy probation officers in the intensive supervision unit have
reduced probationer caseloads and coordinate their supervision
efforts with law enforcement and prosecution personnel. The
coordination is encouraged to include informing law enforcement and
prosecution personnel of the conditions set for probationers and of
the strict enforcement procedures to be implemented.
(6) Deputy probation officers in the intensive supervision unit
are encouraged to coordinate with the district attorney in ensuring
that court-ordered conditions of probation are consistently enforced.
(7) Intensive supervision unit deputy probation officers are
encouraged to coordinate, whenever feasible, with community-based
organizations in seeking to ensure that probationers adhere to their
(b) County probation departments may implement the California TEAM
(Together Each Achieves More) Sports Camp Program, as described in
Article 23.5 (commencing with Section 875) of Chapter 2 of Part 1 of
Division 2 of the Welfare and Institutions Code.
For purposes of this chapter, a "community-based"
organization is defined as a nonprofit operation established to serve
gang members, their families, schools, and the community with
programs of community supervision and service that maintain community
participation in the planning, operation, and evaluation of their
"Community-based" organization also includes public park and
recreation agencies, public libraries, and public community services
departments that provide gang suppression activities, either alone or
in cooperation with other public agencies or other community-based
(a) Unless funded pursuant to subdivision (c), community-based
organizations supported under the Gang Violence Suppression Program
may implement the following activities:
(1) Providing information to law enforcement agencies concerning
gang related activities in the community.
(2) Providing information to school administrators and staff
concerning gang related activities in the community.
(3) Providing conflict resolution by means of intervention or
mediation to prevent and limit gang crisis situations.
(4) Increasing witness cooperation through coordination with local
law enforcement and prosecutors and by education of the community
about the roles of these government agencies and the availability of
witness protection services.
(b) Community-based organizations funded pursuant to subdivision
(a) may also implement the following activities:
(1) Maintaining a 24-hour public telephone message center for the
receipt of information and to assist individuals seeking services
from the organization.
(2) Maintaining a "rumor control" public telephone service to
provide accurate and reliable information to concerned citizens.
(3) Providing technical assistance and training concerning gang
related activities to school staff members, law enforcement
personnel, and community members, including parental groups. This
training and assistance may include coverage of how to prevent and
minimize intergang confrontations.
(4) Providing recreational activities for gang members or
potential gang members.
(5) Providing job training and placement services for youth.
(6) Referring gang members, as needed, to appropriate agencies for
the treatment of health, psychological, and drug-related problems.
(7) Administration of the Urban Corps Program pursuant to Section
(8) Mobilizing the community to share joint responsibility with
local criminal justice personnel to prevent and suppress gang
(c) Community-based organizations funded under the Gang Violence
Suppression Program for specialized school prevention and
intervention activities shall only be required to implement
activities in the schools which are designed to discourage students
from joining gangs and which offer or encourage students to
participate in alternative programs.
(d) Community-based organizations funded pursuant to the Gang
Violence Suppression Program as of January 1, 1997, shall receive
preference over public agencies in any future funding awards.
(a) There is hereby established in the Office of
Emergency Services the Urban Corps Program. The Urban Corps Program
is established as an optional activity under Section 13826.6.
Community-based organizations receiving grants to participate in the
Urban Corps Program may implement the following activities:
(1) Identification of publicly and privately administered programs
in the county dealing with the suppression or prevention of criminal
gang activities, or both.
(2) Maintenance of a listing of programs within the county
identified as dealing with the suppression or prevention of criminal
gang activities, or both.
(3) Surveying gang suppression and prevention organizations for
the types of services and activities each is engaged in, and
identifying needs among these organizations for resources to provide
services and fulfill their activities.
(4) Recruitment of volunteers, identification of their skills,
abilities, and interests, and matching volunteers with the resource
needs of gang prevention and suppression organizations.
(5) Establishment of an urban respite program for the purpose of
preventing self-destructive activities and diverting (A) identified
youth gang members, and (B) youths who are at risk of becoming gang
members, for the purposes of reducing or eliminating incentives for
those youths to participate in gang-related crime activities.
(b) The Urban Corps Program shall operate within the Office of
Emergency Services for two years following the establishment of a
contract with a community-based organization to administer the
(c) This section shall be implemented to the extent that funds are
available to the Office of Emergency Services for this purpose.
School districts, county offices of education, or any
consortium thereof, receiving funding under this chapter shall
develop or adopt and implement a gang violence prevention curriculum,
provide gang violence prevention and intervention services for
school-aged children, and shall be encouraged to do all of the
(a) Establish a local steering committee comprised of
representatives of each local program funded under this chapter,
corporations, small businesses, and other appropriate local, county,
and community organization knowledgeable in the area of youth gang
(b) Develop and distribute information concerning parent education
and parenting classes, including methods whereby parents may
recognize youth gang involvement.
(c) Identify and utilize the resources of appropriate
community-based organizations involved in the coordination of after
school activities for school-aged youth.
(d) Establish contact between positive role models and youth
involved in gang activity through adopt-a-youth programs and similar
(e) Incorporate into gang prevention activities references to the
relationship between drug abuse and gang violence.
(f) Develop partnerships between schools and businesses for the
purpose of enhancing pupil achievement through such methods as
tutorial services, field trips, role modeling, and other supportive
(g) Develop methods of assuring followup services for children
receiving the initial gang violence prevention and intervention
The Board of State and Community Corrections is encouraged
to utilize any federal funds that may become available for purposes
of this chapter. This chapter becomes operative only if federal funds
are made available for its implementation.