Title 6.5. Local Criminal Justice Planning of California Penal Code >> Title 6.5. >> Part 4.
The Legislature finds and declares:
(a) That crime is a local problem that must be dealt with by state
and local governments if it is to be controlled effectively.
(b) That criminal justice needs and problems vary greatly among
the different local jurisdictions of this state.
(c) That effective planning and coordination can be accomplished
only through the direct, immediate and continuing cooperation of
local officials charged with general governmental and criminal
justice agency responsibilities.
(d) That planning for the efficient use of criminal justice
resources requires a permanent coordinating effort on the part of
local governments and local criminal justice and delinquency
prevention agencies.
(a) For the purposes of coordinating local criminal justice
activities and planning for the use of state and federal action funds
made available through any grant programs, criminal justice and
delinquency prevention planning districts shall be established.
(b) On January 1, 1976, all planning district boundaries shall
remain as they were immediately prior to that date. Thereafter, the
number and boundaries of those planning districts may be altered from
time to time pursuant to this section; provided that no county shall
be divided into two or more districts, nor shall two or more
counties which do not comprise a contiguous area form a single
district.
(c) Prior to taking any action to alter the boundaries of any
planning district, the council shall adopt a resolution indicating
its intention to take the action and, at least 90 days prior to the
taking of the action, shall forward a copy of the resolution to all
units of government directly affected by the proposed action.
(d) If any county or a majority of the cities directly affected by
the proposed action objects thereto, and a copy of the resolution of
each board of supervisors or city council stating its objection is
delivered to the Director of Emergency Services within 30 days
following the giving of the notice of the proposed action, the
director shall conduct a public meeting within the boundaries of the
district as they are proposed to be determined. Notice of the time
and place of the meeting shall be given to the public and to all
units of local government directly affected by the proposed action,
and reasonable opportunity shall be given to members of the public
and representatives of those units to present their views on the
proposed action.
Each county placed within a single county planning district
may constitute a planning district upon execution of a joint powers
agreement or arrangement acceptable to the county and to at least
that one-half of the cities in the district which contain at least
one-half of the population of the district. Counties placed within a
multicounty planning district may constitute a planning district upon
execution of a joint powers agreement or other arrangement
acceptable to the participating counties and to at least that
one-half of the cities in such district which contain at least
one-half of the population of such district. If no combination of
one-half of the cities of a district contains at least one-half of
the population of the district, then agreement of any half of the
cities in such district is sufficient to enable execution of joint
powers agreements or other acceptable arrangements for constituting
planning districts.
Planning districts may be the recipients of criminal justice
and delinquency prevention planning or coordinating funds made
available to units of general local government or combinations of
units of general local government by federal or state law. Such
planning districts shall establish local criminal justice and
delinquency prevention planning boards, but shall not be obligated to
finance their activities in the event that federal or state support
of such activities is lacking.
(a) The membership of each local board shall be consistent
with state and federal statutes and guidelines; shall be
representative of a broad range of community interests and
viewpoints; and shall be balanced in terms of racial, sexual, age,
economic, and geographic factors. Each local board shall consist of
not less than 21 and not more than 30 members, a majority of whom
shall be locally elected officials.
(b) The California Council on Criminal Justice shall promulgate
standards to ensure that the composition of each board complies with
subdivision (a). The council shall annually review the composition of
each board, and if it finds that the composition of a local board
complies with the standards, it shall so certify. Certification shall
be effective for one year; provided that if the membership of a
board changes by more than 25 percent during a period of
certification, the council may withdraw the certificate prior to its
expiration.
(c) If the council determines that the composition of a local
board does not comply with the standards, it shall direct the
appropriate appointing authority to reappoint the local board and
shall again review the composition pursuant to this section after
such reappointments are made. The council may void decisions made by
such board after such finding and due notice. The council may approve
the allocation of planning or action funds only to those districts
which have been certified pursuant to this section.
Except as otherwise provided in Section 13904,
representatives of the public shall be appointed to local criminal
justice and delinquency prevention planning boards, of a number not
to exceed the number of representatives of government on that board.
At least one-fifth of the membership of such boards shall be
representatives of citizens, professional and community
organizations, including organizations directly related to
delinquency prevention.
Planning boards may contract with other public or private
entities for the performance of services, may appoint an executive
officer and other employees, and may receive and expend funds in
order to carry out planning and coordinating responsibility.
(a) The Office of Criminal Justice Planning shall undertake
a study to determine whether it would be feasible to develop a
state-operated center on computer forensics for the purpose of
collecting, compiling, and analyzing information, including evidence
seized in connection with criminal proceedings, in computer formats
to provide assistance to state and local law enforcement agencies in
the investigation and prosecution of crimes involving computer
technology.
(b) The office shall involve state and local law enforcement
agencies as well as representatives of the computer industry in the
development of the feasibility study required by this section.
(c) The office shall report its findings and conclusions to the
Legislature on or before June 30, 2000.