HomeMy WebLinkAbout03/15/2007
B A K E R S F I E L D
Staff: John W. Stinson
Assistant City Manager
City Council members:
Irma Carson, Chair
Zack Scrivner
Jacquie Sullivan
REGULAR MEETING OF THE SAFE NEIGHBORHOODS
AND COMMUNITY RELATIONS COMMITTEE
and Community Advisory Committee
of the City Council -City of Bakersfield
Thursday, March 15, 2007
11:45 a.m.
City Manager's Conference Room
1501 Truxtun Avenue
Bakersfield, CA 93301
AGENDA
1. ROLL CALL
2. ADOPTION OF FEBRUARY 15, 2007 MINUTES
3. PUBLIC STATEMENTS
4. DEFERRED BUSINESS
A. Update regarding Gang and Graffiti Enforcement -Lynn
B. Update regarding Joint City/County Gang Task Force -Williamson
C. Update on SB155 -Gennaro
D. Discussion regarding Possible Support of AB 104 (Solario) -Gennaro
E. Update regarding Park Security Program
5. COMMITTEE COMMENTS
6. ADJOURNMENT
S:\Council Committees\2007\07 Safe Neighborhoods\Mar 15\March 15 Agenda.doc
® ~~ •
B A K E R S F I E L D
~~ ~ ~~ Irma Carson, Chair
Alan Tandy, City Manager Zack Scrivner
Staff: John W. Stinson Jacquie Sullivan
MIN_
REGULAR MEETING OF THE SAFE NEIGHBORHOODS
AND COMMUNITY RELATIONS COMMITTEE
and Community Advisory Committee
of the City of Bakersfield
Thursday, February 15, 2007
11:45 a.m.
City Manager's Conference Room
1501 Truxtun Avenue
Bakersfield, California 93301
The meeting was called to order at 11:55 a.m.
1. ROLL CALL
Present: Councilmember Irma Carson; Chair
Council members Zack Scrivner and Jacquie Sullivan
Advisory members present: Walter Williams, GBLA
Wesley Crawford, SCLC/NCAACD
Bob Malouf, Employers Training Resource
David Strong, Corp. for Better Housing
Dennis Reed
Committee Chair Carson welcomed everyone to the first meeting of the year. She expressed
appreciation to the attending Department Heads as it sends a message to the community that
everyone is serious about the issues and are trying to make a change.
2. ADOPTION OF THE NOVEMBER 9, 2006 AGENDA SUMMARY REPORT
Adopted as submitted.
3. PUBLIC STATEMENTS
Assistant City Manager Stinson reminded everyone to state their name for the record prior to giving
their statements.
Jim Brouillard, U.S. Postmaster, introduced himself. He was invited by Councilmember Scrivner to
participate in an endeavor to clean up community.
Q(`EL.F
4. DEFERRED BUSINESS
Safe Neighborhoods and
Community Relations Committee
February 15, 2007 Minutes
Page 2
In 2006, a Joint City/County Gang Task Force was formed to develop a plan to address the
urgency of the problems. Lt. Williamson will provide a report at the next meeting.
a. Update regarding gang and graffiti enforcement (Police Chief William Rector)
Police Chief Rector stated that, as directed at the last regular Joint City/County meeting, a
gang hotline number was created, which is 325-GANG. All calls come into the Bakersfield
Police Department and are then distributed to any applicable law enforcement agency. It has
proved to be successful as there have been in excess of 115 calls received so far.
Chief Rector was contacted by Leaders in Life that there is a youth conference on March 29,
2007 from 12:15 p.m. to 1:00 p.m. that will focus on input from teens regarding gang
violence. The organizers requested involvement by at least two Council members.
Graffiti Unit: 2006 year-end statistics show 256 total arrests, 182 of which were juveniles.
Eight hundred sixty one cases were cleared. To date in 2007, there have been 28 arrests
and 70 cases have been cleared.
Gana Unit: 2006 year-end statistics show fewer shootings than in 2005 with 56 as opposed
to 90, which is an approximate 39% reduction. There were almost 70% more arrests in
2006 at 2,500, and 137 weapons were seized.
Captain Taylor reported that January is when most weapons are seized.
Advisory member Williams advocated increased education regarding the phone numbers
available to report crimes.
Chief Rector stated that Council has approved the purchase of eight mobile cameras, which
will be posted at a variety of locations. Committee member Sullivan recommended holding a
press conference once all of them are in place to educate the community and promote the
program.
Advisory member Strong stated the need for possible added security for the park event Black
History Parade on February 24, 2007. Committee member Scrivner suggested distributing
an informational flyer that includes the gang hotline number.
b. Update on SB 155
City Attorney Gennaro distributed information. The original bill was introduced in 1996. It
was approved by the Senate Judiciary Committee, but the full Senate did not take action.
The bill was reintroduced on January 31, 2007; however, staff does not yet have access to
the next text. Further discussion will take place at the next meeting.
Committee Chair Carson suggested that someone from the Committee attend a public
hearing, should one be held. City Attorney Gennaro informed the Committee that it may not
be heard by the Senate Judiciary Committee. Her office will track the legislation for possible
further action.
Safe Neighborhoods and
~ °~' Community Relations Committee
® February 15, 2007 Minutes
Page 3
c. Discussion regarding Removal of Graffiti from Mailboxes
Committee member Scrivner invited the local Postmaster, Jim Brouillard to attend to discuss
removal of graffiti from mailboxes. City staff cleans graffiti from everything except mailboxes
due to liability issues.
Mr. Brouillard reported that he only has two staff members who handle mailbox graffiti
abatement and maintenance. His staff met with City staff to discuss possible options for
cleaning graffiti from mailboxes. Issues include liability for damage either to the box or the
mail inside, personnel shortage and costs.
Public Works Director Rojas stated that the pressure washers used by the City would destroy
most mailboxes as there is from 3,000 to 4,000 pounds of pressure involved. Another option
would be to clean the graffiti by hand, but this would involve increased costs and time spent
by staff. He also noted that mailbox cleanup would need to be done in every neighborhood,
not iust those that contain community boxes.
Committee member Scrivner asked that staff return to the next meeting with an action plan.
d. Discussion regarding Establishment of Citizens Advisory Committee (this item heard
first)
Committee Chair Carson thanked Bob Malouf, Dennis Reed, Walter Williams, David Strong,
Wesley Crawford, and Karen Goh for returning and being a part of the Committee. There are
a couple more names that may be added later.
Steven Perryman was introduced as a new advisory member, as recommended by Council
member Benham. He is a campus supervisor at Bakersfield High School who is very
concerned about the graffiti problem.
Committee member Scrivner invited Robert Murillo, Watch Captain to be a member of the
Citizens' Advisory Committee.
Devon Johnson, youth community coach was invited by Committee member Sullivan to be a
member of the advisory committee. He works directly with youth and is very concerned
about the gang problem.
5.
NEW BUSINESS
a. Discussion and Committee Recommendation regarding Amending and Adopting the
2007 Committee Meeting Schedule -Stinson
Adopted as submitted.
~R~FT
6.
7.
COMMITTEE COMMENTS
Safe Neighborhoods and .
Community Relations Committee
February 15, 2007 Minutes
Page 4
Committee Chair Carson asked for an update on the Joint City/County Gang Task Force at the next
meeting. Included in the discussions will be programs that are available for "good kids" as
requested by Advisory member Crawford.
Probation Chief John Roberts recognized Karen Goh and Mark Stansbury for their work on the
Prevention Subcommittee for the County. He offered Probation support to help with security on
February 24, 2007.
Dennis Reed inquired about the park security program. This item will be placed on the next agenda
for discussion.
ADJOURNMENT
The meeting was adjourned at 1:05 p.m.
Staff present: Assistant City Managers John W. Stinson and Christine Butte~eld; City Attorney Virginia
Gennaro; Management Assistant Rick Kirkwood; Police Chief William Rector, Assistant Police Chief Bryan
Lynn, Capt. Tim Taylor and Lt. Greg Williamson, Bakersfield Police Department; Director Raul Rojas,
Operations Manager Brad Underwood, General Services Superintendent Steve Hollingsworth, and Genera
Services Supervisor Sean Cacal, Public Works Department.
Others present: John Roberts and Susan Lerude, Kern County Probation; Jim Brouillard, Doug Stevenson
and Mike Bettes, U.S. Postal Service; Steven Perryman, Kern High School District; Nick Ortiz, United Way;
Marque Stansberry, Ebony Counseling Center; Karen Goh, Garden Pathways; Robert Murillo; Devon
Johnson; Moses Neal; and various members of the media.
cc: Honorable Mayor and City Council
~ A
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ADMINISTRATIVE REPOR
~..
IF
MEETING DATE: March 19, 2007 AGENDA SECTION: Business
ITEM:
TO: Honorable Mayor and City Council /Board of Supervisors APPROVED
FROM: Alan Tandy, City Manager
DATE: March 7, 2007
DEPARTMENT HEAD
CITY ATTORN
CITY MANAG
SUBJECT: Proposed Gang Violence Strategic Plan
RECOMMENDATION:
Staff recommends th ~ Gan CViolence andeaffected agenc es for comment, identif cationuofycosts aind
Committee to Comba g
implementation recommendations.
BACKGROUND:
At the September 18, 2006 Joint City/County meeting the Joint City/County Standing Committee to
Combat Gang Violence was created by the City Council and Board of Supervisors. On November 18,
2006 the Joint Committee hosted a special half-day meeting where the committee solicited input from all
members of the community and representatives from various agencies and organizations including City
and County law enforcement and social service agencies. The purpose of the meeting was to identify
existing gaps services and resources to address the gang problem in Kern County and the metropolitan
Bakersfield area.
As a result of that meeting a draft strategic plan,was developed which focused on three core areas. These
are: Prevention, Intervention, and Suppression: Within the framework of these core areas the report
contains various objectives, measures and action steps to be accomplished. The report also identifies the
individuals and organizations responsible for those items. There is no identification of costs associated
with any of the. recommendations in the report. Many of the recommendations included in the report will
require significant funding commitments which will need to be identified and considered by the bodies that
have funding authority such as the Board of Supervisors and the City Council, among others. It will be
important for the Board of Supervisors and .City Council to have such cost information prior to
consideration of adoption of the proposed plan and any implementation of the recommendations contained
within the report. Additionally, the draft report has recently become available and there has been little
opportunity for those agencies and stakeholders who may be responsible for plan implementation to
comment on the recommendations included in the plan. Additionally, the report has not yet been reviewed
by the Standing Committee to Combat Gang Violence. Therefore, Staff recommends the City Council
receive the report and refer to Joint City/County Standing Committee to Combat Gang Violence and
affected agencies for comment, identification of costs and implementation recommendations.
(ice)
March 7, 2007, 2:09PM
S:Wdmin Rpts\2007\Proposed Gang Strtegic Plan Admin 3-19-07.doc
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Gang Violence in Kern County:
A Strategic Plan
JOINT CITY /COUNTY STANDING COMMITTEE
TO COMBAT GANG VIOLENCE
MARCH 19, 2007
Kern County Board of Supervisors:
Michael Rubio, Supervisor - Co-Chair
Ray Watson, Supervisor
Bakersfield City Council:
Irma Carson, Councilmember - Co-Chair
Jacquie Sullivan, Councilmember
Zack Scrivner, Councilmember
OUR MISSION
To reduce the level, magnitude and frequency
of gang violence within Kern County
and the 11 incorporated cities
within the County
Joint City /County Standing Committee to Combat Gang Violence
STRATEGIC PLAN CONTRIBUTORS
Lily Alvarez (Kern County Department of Mental
Health)
Mark Arnold (Kern County Public Defender's
Office)
Wendy Avila (Kern County District Attorney's
Office)
Sheryl Barbich (Barbich Consulting)
Andrew Barling (Stockdale Learning Center)
Manuel Carrizalez (Stay Focused Ministries)
Irma Carson (City of Bakersfield Councilmember,
Ward One)
Deanna Cloud (Kern County Department of
Mental Health)
Tom Corson (Kern County Network for Children)
Charlotte Daniel (Kern County Department of
Human Services)
Terry Fleming (Kern County Probation
Department)
Terry Foley (Community Member)
David Goh (Bakersfield Community Church)
Karen Goh (Garden Pathways)
Marsha Greenstein (Kern County Department of
Mental Health)
Steve Hansen (Kern County Sheriff's Department)
Tony Heider (Kern County Public Defender's
Office)
Ed Jagels (Kern County District Attorney's
Office)
Greg Jehle (Bakersfield Police Department)
Russell Johnson (Supervisor Mike Maggard's
Office)
Jeanie Lopez (Kern County Probation
Department)
Mike Maggard (Kern County Supervisor, Third
District)
Lyle Martin (Bakersfield Police Department)
Francis Moore (Kern County Sheriff's
Department)
Lewis Neal (Bakersfield City School District)
John Nilon (Kern County Department of Child
Support Services)
Bill Rector (Bakersfield Police Department)
Scrgio Rcyes (Supervisor Michael Rubio's Office)
John Roberts (Kern County Probation
Department)
Michael Rubio (KeniCounty Supervisor, Fifth
District)
Kim Salas (Supervisor Michael Rubio's Office)
Marque Stansberry (Ebony Counseling Center)
Mickey Sturdivant (Mothers Against Senseless
Killings)
Dick Taylor (Supervisor Mike Maggard's Office)
Tim Taylor (Bakersfield Police Department)
Daryl Thiesen (Kern County Superintendent of
Schools)
Vernon Valenzuela (Veterans Assistance
Foundation)
Michael Vendrasco (Kern County District
Attorney's Office)
Willie Wahl (Kern County Sheriff s Department)
Elmira Williams (Kern County Department of
Child Support Services)
Greg Williamson (Bakersfield Police Department)
Donny Youngblood (Kern County Sheriff's
Department)
Joint City /County Standing Committee to Combat Gang Violence
INTRODUCTION
The gang violence problem in our
community has reached epidemic levels.
Both the City of Bakersfield and the
County of Kern are experiencing a
tremendous spike in the number of
crimes and homicides attributed to gangs in those jurisdictions. In the City, 47% of homicides
committed in 2005 were caused by gang members, 58°io of homicides in 2006 were gang-
related and an astonishing 100% of homicides in 2007 (as of February 27, 2007) have a direct
link to gang activity. In the County, the trend is equally disturbing. Approximately 30% of the
total homicides committed in 2005 and 2006 were gang-related, while a shocking 86% of
homicides thus far in 2007 (again, as of February 27, 2007) have been related to gangs. Sim 1
put, the vast majority of homicides committed in both the City and County are ~an~-related.
Isolated efforts to combat the rising tide of gang violence in our community have had variable
results. Even more unsettling is the fact that there has never been a genuinely concerted effort
by the City and County-across the Prevention, lntervention and Suppression realms-to
develop a comprehensive, unified plan of attack. In order to regain control of our community
and continue to ensure a safe and thriving environment for our children, our priorities must be
united.
For example, one recommendation you will find in this report is to enhance the Gang Unit
within the Kern County Sheriff's Department. The County must establish a force that is
comparable in size and scope to the one that the Bakersfield Police Department already fields
within their jurisdiction. Only with similarly situated Gang Units will both the Sheriff's
Department and the Police Department finally be able to work in tandem and not with such a
considerable difference in resources.
Studies have consistently shown that there is no single cause for youth gang membership. A
Joint City /County Standing Committee to Combat Gang Violence 1
multi-pronged and multi-faceted approach is required to address the many risk factors that
contribute to the likelihood of gang membership. As such, this Strategic Plan seeks to create a
unified countywide approach that brings together private, community and government
stakeholders-under the broader umbrella of prevention, intervention and suppression-to help
implement asolution-based plan that will offer results.
Let our work begin.. .
Joint City /County Standing Committee to Combat Gang Violence 2
OBJECTIVES AND RECOMMENDATIONS
Furthermore, the three subcommittees-Prevention, Intervention and Suppression-were tasked
by the Joint City /County Standing Committee to Combat Gang Violence with developing
action-oriented objectives that sought to confront the core issues associated with gang violence
in Kern County. Under each objective, in the main body of this Strategic Plan, you will find
individual action steps, target deadlines and individuals /organizations responsible for each
goal. Below please find a synopsis of the particular objectives that this Strategic Plan seeks to
address:
Prevention
• Build capacity and increase effectiveness of funded programs to prevent gang
involvement and violence.
• Increase availability of academic enhancement and after school programs (including
literacy, tutorial and mentoring opportunities) for youth in communities with high
incidences of gang violence.
• Provide substance abuse treatment opportunities for at-risk youth.
• Increase mentoring services to youth and their families who are at risk of gang
involvement and violence.
• Mobilize community members and groups to reduce gang activity and violence in
communities.
• Provide skills enhancement and support for parents of at-risk youth.
Intervention
• Review and expand existing "best practice" intervention programs in Kern County.
• Build systems intervention capacity through enhanced collaboration with Community and
Faith Based Organizations.
• Ensure that every child in Kern County receives state of the art service designed to
address the root causes of gang involvement.
Joint City /County Standing Committee to Combat Gang Violence
Suppression
• All Agencies: Develop a process whereby local, state and federal agencies work together
and share information to reduce criminal gang activity.
• All Agencies: Coordinate with local law enforcement agencies on further developing
gang hotline, PSA campaigns and community involvement in suppressing gangs.
• All Agencies: Increase use of technology to assist in intelligence gathering and gang
suppression.
• District Attorney: Create a Target Gang Unit.
• District Attorney: Expand Regional Gang Unit.
• District Attorney: Coordinate with local agencies on preparing personnel as expert
witnesses and the legal requirements of gang cases.
• Probation: Suppress criminal activities in Kern County through monitoring and
supervision of gang members on probation.
• Sheriff.• Suppress criminal activities in Kern County through incarceration of gang
members.
Joint City /County Standing Committee to Combat Gang Violence 4
EVALUATION AND IMPLEMENTATION
Though individual measures have been developed for each objective within Prevention,
Intervention and Suppression, broader universal benchmarks must be established in order to
gauge effectiveness of this Strategic Plan. In particular, over time, the following indicators
must decrease in our community as increased elements of the Strategic Plan are approved and
fully implemented:
• Number of Gang-Related Crimes /Homicides
• Number of Gang Members
• Number of Gangs
Below please find the most recent raw number statistics on the actual gang-related and non
gang-related homicides in the City of Bakersfield and the County of Kern:
Bakersfield Kern Coun
2005 Total Homicides 32 _ 30
2005 Gang-Related
Homicides 15 9
2006 Total Homicides 24 33
2006 Gang-Related
Homicides 14 10
2007 Total Homicides
YTD 3 7
2007 Gang-Related
Homicides YTD 3 6
Sources•
Bakersfield Police Department; Kern County Sheriff's Departmen
Only through deliberate attention to these benchmarks, coupled with an increased awareness of
the root causes that cause gang violence, will Kern County ever begin to truly make an impact
on the gang problem in our community.
Joint City /County Standing Committee to Combat Gang Violence
JOINT CITY /COUNTY STANDING COMMITTEE TO COMBAT GANG VIOLENCE
On November 18, 2006, the Joint City /County Standing Committee to Combat Gang Violence
hosted ahalf--day Special Meeting in the Board of Supervisors Chambers. At this meeting, the
Standing Committee solicited input from all members of the community, particularly residents
and anti-gang advocates that are on the front lines of the war against gangs. Full-group
discussions, as well as break-out sessions, attempted to identify both existing gaps and
resources that specifically address the gang problem in Kern County.
During a Fu11 Group Discussion, the Standing Committee sought to identify what the attendees
perceived as the key root causes of gang violence (in descending order of priority):
• Family Instability /Improper Parenting
• Intergenerational Dynamics
• Hopelessness /Spiritual Disconnect /Moral Code Breakdown °'
• Poverty
• Lack of Education /Poor Experience with Education
• Need for Social Acceptance /Social Marginalization of Youth /Self-Identity
• Limited Positive Role Models /Media Images
• Lack of Effective or Engaging Community Programs
• Unemployment
• Prisons ("Gang Training Camps")
• Overwhelmed and Ineffective Justice System
• Racism
From the outset, the primary purpose of the Joint Standing Committee to Combat Gang
Violence has always been to develop a straightforward plan of attack against the root causes of
gang violence. Also, the Joint Standing Committee serves as a unifying clearinghouse for
information, gather intelligence in the field and develop and implement a comprehensive
Strategic Plan to be presented to both the Kern County Board of Supervisors and the
Bakersfield City Council during their biannual joint City /County meetings.
There are three operational areas that must remain at the core of our work in the coming weeks,
months and years:
Joint City /County Standing Committee to Combat Gang Violence 6
• Prevention
• Intervention
• Suppression
These three realms require full and immediate attention by policymakers at both the County and
City level. As such, we believe that in order for this Strategic Plan to be a success,
policymakers must embrace both the spirit and letter of this call to action. A wholesale
balanced approach of the key elements within prevention, intervention and suppression is vital
to truly make this Strategic Plana "living document" that achieves the many milestones set
forth in this document.
Joint City /County Standing Committee to Combat Gang Violence 7
Joint City /County Standing Committee to Combat Gang Violence
Prevention
Goal: To develop a comprehensive countywide prevention approach to reduce
criminal gang activity and violence in Kern County.
Objective: Build capacity and increase effectiveness of funded programs to prevent gang involvement and
violence.
Measures: Creation of administrative body; Implementation of at least one pilot project per social service County
department. Department Head evaluations
Action Ste s Individuals/Or anizations Res onsibie
• Place responsibility of gang prevention servicesunder Board of Supervisors /City Council
the administration of a central administrative body (i.e.
Kern County Network for Children or similar entity).-
June 2007
• Direct social service County departments to research and County Administrative Office
translate national best practices, resources and service
delivery models for local implementation.--June 2007
• Direct social service County departments to develop County Administrative Office
holistic and innovative, outside-the-box strategies to
directly address the gang plague in Kern County,
including working with non-traditional community
partners. December 2007
• Establish process to reduce duplication of services across County Administrative Office
County departments.-June 2007
• Foster relationships and working partnerships between Joint City /County Standing Committee to
government agencies, the business community, Combat Gang Violence
education, CBO's / FBO's (Community Based
Organizations /Faith Based Organizations), and
neighborhood networks. June 2007
Joint City /County Standing Committee to Combat Gang Violence 9
Prevention
Goal: To develop a comprehensive countywide prevention approach to reduce
criminal gang activity and violence in Kern County.
Objective: Increase availability of academic enhancement and after school programs (including literacy,
tutorial and mentoring opportunities) for youth in communities with high incidences of gang violence.
Measures: Once initiated, programs will serve 20% more students ancl.families on arr annual basis.
Actin Ste s Individuals/Or anizations Res Qnsible
• Secure funding for 1-2 county-wide after school Board of Supervisors /City Council
coordinators through the Kern County Superintendent
of Schools to coordinate the early identification and
referral of at-risk students and their families and
manage academic skill enhancement activities in
targeted communities, one focusing on metropolitan
Bakersfield and another focusing on outlying
areas.-.Tune 2007
• Increase capacity of school-based, faith-based and Board of Supervisors /City Council
community-based after school programs to target
children at risk of gang involvement by providing
teaching resources, teaching personnel and training
and support for existing staff.-December 2007
• Engage churches and religious organizations to Administrator
mobilize individuals to read to preschool children and
be reading mentors for K-3 glade children iu at-risk
communities. December 2007
• Evaluate existing continuum of vocational and Kern County Superintendent of Schools
alternative education for at-risk youth and propose
solutions. December 2007
Joint City /County Standing Committee to Combat Gang Violence 10
Prevention
Goal: To develop a comprehensive countywide prevention approach to reduce
criminal gang activity and violence in Kern County.
Objective: Provide substance abuse treatment opportunities for at-risk youth.
Measures: Creation of a youth substance abuse treatment program.
f Action Stens 1 Individuals/Qr~anizations Responsible
• Develop community-based youth substance abuse Kern County Mental Health
treatment program through Kern County Mental
Health. December 2007
• Expand relationships with business and CBO's / FBO's Kern County Mental Health
that may partner with Kern County Mental Health to
resolve youth substance abuse treatment issues.-
October 2007
Joint City /County Standing Committee to Combat Gang Violence 11
Prevention
Goal: To develop a comprehensive countywide prevention approach to reduce
criminal gang activity and violence in Kern County.
Objective: Increase mentoring services to youth and their families who are at risk of gang involvement and
violence.
Measures: By January 2009, there will be a 1 S% increase in mentoring services heing provided to at-risk youth
and their families.
Action ate s Individuals/4r anizations Res onsible
• Expand service potential of existing mentoring programs CBO's / FBO's (i.e. Stay Focused, Garden
effectively targeting gang violence prevention.- Pathways and Ebony CounselingCenter)
December 2007
• Identify and expand existing youth leadership CBO's / FBO's (i.e. Stay Focused, Garden
development programs demonstrating efficacy working Pathways and Ebony Counseling Center)
with at-risk youth and their families. December 2007
• Increase the capacity of CBO's / FBO's to develop Board of Supervisors /City Council
outcomes-based strategies and reporting on prevention
efforts, including training and technical assistance.-
December 2007
Joint City /County Standing Committee to Combat Gang Violence 12
Prevention
Goal: To develop a comprehensive countywide prevention approach to reduce
criminal gang activity and violence in Kern County.
Objective: Mobilize community members and groups to reduce gang activity and violence in communities.
Measures: Expansion of number of funded and non funded field representatives; ?(I% increase in preventing
community policing efforts in targeted communities; All three network television stations and Bakersfield
Californian produce quarterly gangfocused segment; Implement quarterly c~onnnunity wide prayer gatherings;
Initiate positive trend. in job opportunities fof- at-risk youth.
Acton Ste s IndividualslOr anizations Res onsible
• Increase mobilization capacity and effectiveness of field Stay Focused
representatives (i.e. "foot soldiers") already directly
involved in local gang prevention activities.-Ongoing
• Enhance preventive community policing efforts.- Bakersfield Police Department / Kern County
December 2007 Sheriff s Department
• Engage the support of media through fonuns and on-ail- Joint City /County Standing Committee to
and print dialogue. October 2007 Combat Gang Violence
• Support community wide gatherings for prayer through Joint City /County Standing Committee to
participation of leaders in the public sector. Ongoing Combat Gang Violence
• Continue fostering job growth particularly focused on Kern County Employer's Training Resource
addressing the needs of at-risk youth and underserved
communities.-Ongving
Joint City /County Standing Committee to Combat Gang Violence 13
Prevention
Goal: To develop a comprehensive countywide prevention approach to reduce
criminal gang activity and violence in Kern County.
Objective: Provide skills enhancement and support for parents o, f'at-risk youth.
Measures: Once granted supplemental funding, programs will serve 20% r7lorc~ pare~~ts of at-risk youth on an
annual basis.
Action Ste s IndividualslOr aniz~tions Res onsible
• Allocate funding to expand Parent Project for training of Board of Supervisors /City Cotuicil
neighborhood stakeholders as an integral community-
oriented component of expanding services to parents of
at-risk youth.-October 2007
• Foster small group networks for parents.--Deeenrher CBO's / FBO's; Kern County Department of
2007 Human Service~'Parent Leaders Program
• Identify existing community assets that promote increased
spiritual, emotional and mental personal wellbeing for Social service County departments
parents of former and cut~-ent gang members, such as
mentoring. December 2007
• Refer parents of targeted youth for support services.-
December 2007. CBO's / FBO's; Law Enforcement; Schools;
Family; Peers; Community Members
Joint City /County Standing Committee to Combat Gang Violence 14
INTER
Joint City /County Standing Committee to Combat Gang Violence 15
Intervention
Goal: To develop a comprehensive countywide intervention approach to reduce
criminal gang activity and violence in Kern County.
Objective: Review and expand existing "best practice" intervention programs in Kern County.
Measures: 20% increase in the number of "at risk"families and individuals sen~c~d each year for a three year
period.
Action Ste s Individuals/Or anizations Res onsible
• Utilize Geographic Information Systems (GIS) analysis to Kern County Probation Department /GIS
identify high density target areas, identify service Subccammittee
providers, assess services gaps and overlap, and create a
collaborative resource allocation plan. March 2007
• Secure enhanced funding for the evidence based "8% Kern County Board of Supervisors, Bakersfield
continuum" programs to be expanded throughout Kern City Council, Probation Department
County: Early Intervention Program (EIP) and Repeat
Offender Prevention Program. July 2007
• Secure adequate funding for the evidence based education Kern County Board of Supervisors, Bakersfield
focused intervention program: Parent Project.-December City Council
2007
• Secure adequate funding for evidence based community Kern County Board of Supervisors, Bakersfield
intervention programs Differential Response (DR), Multi- City Council, Kern County Network for
Integrated Services Team (MIST), and Local Children
Collaboratives.-July 2007
• Secure adequate funding for evidenced based programs Kern County Board of Supervisors, Bakersfield
targeting gang members who are currently in the custody City Council, Kern County Network for
of the probation department: LEAPS (Life Excelerator Children, Probation Department, Mental Health
Assessment of Personnel Skills), Cognitive Behavior, Department
Social Skills Training and Aggression Replacement
Training. July 2007
Joint City /County Standing Committee to Combat Gang Violence 16
Intervention
Goal: To develop a comprehensive countywide intervention approach to reduce
criminal gang activity and violence in Kern County.
Objective: Build systems intervention capacity thorough enhanced collaboration with Community and Faith Based
Organizations.
Measures: 20% increase in the number of Community and Faith Basecl Orguni~crtional Gang Intervention Projects
. for a three year period.
ActionSte s ~nd~iw~dua~s/Or anizations Res onsible
• Identify and place responsibility for coordinating Kern County Board of Supervisors, Bakersfield
community based and faith based Gang Intervention City Council
Service Expansion within a responsible, broad based, and
historically effective organization. March 2007
• Increase capacity for Domestic Violence intervention Kern County Board of Supervisors, Bakersfield
strategies, including additional services to victims (i.e. City Council, Probation Department, Domestic
increase resources to the Probation Department, Alliance Violence Advisory Council, and Alliance
Against Family Violence, Court Mandate Training Against Family Violence
Programs and other relevant programs.-October 1007
• Increase capacity for Family Involvement intervention Kern County Network for Children, Probation
strategies, including Family Mentoring, at risk leadership Department, Superintendent of Schools, CBO's /
programs, and school ouh~each programs. December FBO's
2007
• Develop community-based youth substance abuse Kern County Mental Heath, Probation
treatment program through the Kcrn County Mental Department, and Mental Health Department
Health Department, Probation, Superintende~lt of
Schools, and Faith Based programs. December 2007
• Provide capacity building, outcome based program Kern County Network for Children
development training for interested community
partners. December 2007
• Integrate Workforce Investment Act Youth Activities Employers' Training Resource, Superintendent
with gang intervention strategies to target employment of Schools, and the Kern High School District
and academic efforts for at risk youth. October 2007
• Secure funding for innovative "promising practice" gang Kern County Board of Supervisors, Bakersfield
intervention programs. December 2007 City Council
Joint City /County Standing Committee to Combat Gang Violence 17
Intervention
Goal: To develop a comprehensive countywide intervention approach to reduce
criminal gang activity and violence in Kern County.
Objective: Ensure that every child in Kern County receives state of the art sen•ice designed to address the root
causes of an involvement.
Measures: Decrease criminal gang activity perpetrated by local youth reduced each year for three consecutive
years.
Action Ste s Individualsl0r anizations Res onsible
• Create and fund a multi agency and community Kern County Board of Supervisors, Bakersfield
stakeholders Gang Intervention Strategy Task Force City Council, Kern County Network for Children
to review national best practices, resource
opportunities, and service delivery models.
Representatives to include:
o Federal, State, and local elected officials
o Representatives from relevant Federal, State,
and local agencies
o Primary and Secondary Schools
o Faith Based Organizations
o College/University
o Private/Public fimded'`expert" agencies.
o Others as Td~ntitied-January 2008
• Link gang violence intervention strategies with Kern County Board of Supervisors, Bakersfield
proposed gang prevention strategies not otherwise City Council, Kern County Network for Children
mentioned. in this plan, including:
n Directing social service County departments
to develop innovative best practices and pilot
projects
o Increasing school, faith and community
based in-school and after school programs to
promote academic, recreational and
vocational skills
o Expanding relationships with business,
CBO's / FBO's and other non-traditional
partners-December 2007
Joint City /County Standing Committee to Combat Gang Violence 18
Joint City !County Standing Committee to Combat Gang Violence 19
Suppression
Goal: To develop a comprehensive countywide suppression approach to reduce
criminal gang activity and violence in Kern County.
Objective: All Agencies: Develop a process whereby local, state and federal,agefacies work together and share
information to reduce criminal gang activity.
Measures: Diminish duplication of efforts and establish greater working relationships between agencies to
eliminate cross -jurisdictional gang activity; Reduce number of gangs. gang members crud percent of crimes
committed related to gang activity
Action Ste s ~Indi~iduals/Or an~zations Res onsible
• Establish a regular forum for all law enforcement All local law enforcement agencies
units dedicated to gang suppression to meet and
exchange information. July 2007
• Work with other agencies and increase periodic All local law enforcement agencies
sweeps of identified gang members. Ongoing
• Establish acounty-wide radio channel for All local law enforcement agencies
interoperable communications dedicated to all local
gang units. December 2007
• Increase size and effectiveness of Kern County Kern County Sheriff's Department
Sheriff's Department Gang Unit---July 2007
• Increased utilization of the G.F.T. Team to assist in
preparing and planning operations in outlying Kern County Sheriff's Department
areas-March 2007
• Develop methods to disseminate gang related
information received to all gang enforcement units Kern County Sheriff's Department
county wide and to those agencies not having gang
units. July 2007
• Conduct regional interagency operations targeting
communities with high levels of gang activity.- Jeanie Lopez Deputy Chief of Field Services and
Ongoing all Law Enforcement agencies
• Coordinate with all law enforcement agencies to Chief John Roberts
Jeanie Lopez Deputy Chief
improve intelligence gathering and ,
of Field Services and all Law Enforcement
communication.-Ongoing
agencies
Joint City /County Standing Committee to Combat Gang Violence 20
Suppression
Goal: To develop a comprehensive countywide suppression approach to reduce
criminal gang activity and violence in Kern County.
Objective: District Attorney: Create a Target Gang Unit.
Measures: Decrease in most active known "shot callers "and gang leaders generating the most violent gang
crime in Kern County and Reduce the number offelonious assaults btF gang members by 20%.
Action Steps TndividualslOrganizations
Res onsible
• Establish 6 new deputy district attorney positions and Ed Jagels, District Attorney's Office
one secretary to staff a new unit to target the most
active and violent gang members. August 2007
• Establish protocol to proactively identify and Ed Jagels, District Attorney's Office
prosecute targeted gang members. July 2007
• Coordinate with law enforcement agencies to conduct Ed Jagcis, District Attorney's Office & local
probation and parole searches on the targeted gang law enforcement
members July 2007
• Prosecute all crimes committed by targeted gang Ed Jagels, District Attorney's Office
members by Target Unit deputies with emphasis on
increased jail and incarceration time.-August 2007
Joint City /County Standing Committee to Combat Gang Violence 21
Suppression
Goal: To develop a comprehensive countywide suppression approach to reduce
criminal gang activity and violence in Kern County.
Objective: District Attorney: Expand Regional Gang Unit.
Measures: Decrease gang violence by focused regional approach: Increase gang enhancements by 15%
Action Ste s Individuals/Or anizations Rey o~sib~e
• Create 3 new deputy district attorney positions Ed Jagels, District Attorney's Oftice
to handle the increase in gang violence and
demand for prosecution of cases from North
Kern, South Kern and the Juvenile Division.-
Completed
• Establish protocol with regional agencies and Regional Gang Unit DDA's /Michael
law enforcement for the investigation and Vendrasco
submission of prosecution requests for gang
related crimes. Ongoing
• Provide training to law enforcement in the
regional areas and those dealing with juveniles Regional Gang Unit DDA's /Michael
in the requirements of gang cases and testifying Vendrasco, All Law Enforcement
as an expert witness.Ongoing
Joint City /County Standing Committee to Combat Gang Violence 22
Suppression
Goal: To develop a comprehensive countywide suppression approach to reduce
criminal gang activity and violence in Kern County.
Objective: District Attorney: Coordinate with local agencies on preparing personnel as expert witnesses and
the legal requirements of gang cases.
Measures: Increase law enforcement personnel trained as gang experts and increase legal knowledge of gang
case requirements; Increase gang enhancements by 1 S%.
Action Ste s Individuals/Or anizations Res onsible
• Conduct training sessions with law enforcement on Ed Jagels, District Attorney's Office & all law
the legal requirements of gang prosecutions and enforcement
testifying as a gang expert. Ongoing
• Focus on bringing newly appointed gang deputies Ed Jagels, District Attorney's Office & all law
and gang officers up to speed with all legal enforcement
requirements of gang prosecutions, including issues
with investigations, questioning, report writing and
testifying. July 2007
• Coordinate with,regional substations and departments Ed Jagels, District Attorney's Office
on their specificneeds concerning the submission and
prosecution requests for gang cases.-July 2007
• Coordinate with the District Attorney and other Jeanie Lopez Deputy Chief of Field Services
certified trainers to prepare probation staff to testify and the District Attorney's office
u~ court as expert witnesses.-Ongoing
• Provide gang training for sworn and detentions staff-- Sheriff Donny Youngblood
Ongoing
Joint City /County Standing Committee to Combat Gang Violence 23
Suppression
Goal: To develop a comprehensive countywide suppression approach to reduce
criminal gang activity and violence in Kern County.
Objective: All Agencies: Coordinate with local law enforcement agencies on_firrther developing gang hotline,
PSA campaigns and community involvement in suppressing gangs.
Measures: Increase public awareness and community cooperation in the prosecution of gang cases, by
increasing the number of witnesses assisting in prosecutions.
Action Ste s Individaals/Or anizations Res onsible
• Establish regular forums and organizing committee Ed Jagels, District Attorney's Office & local
with faith based community addressing the public's law enforcemdnt
relationship with law enforcement and concerns
surrounding gang violence.--Completed
• Expand the forum model to outlying regions of Ket7~ Ed Jagels, District Attorney's Office & local
County in an effort to educate and involve the public law enforcement
on gang violence and finding pro-active solutioE~s.
October 2007
• Work with other law enforcement agencies in Ed Jagels, District Attorney's Office & local
developing and promoting PSA campaigns to decrease law enforcement
gang violence. Ongoing
• Develop a gang activity line into the Communications All law enforcement agencies
Center. June 2007
• Establish a protocol for the Communications Center to Chief Bill Rector / Bakersfield Police
expeditiously transfer the informationto the Special Department
Enforcement Unit or the Officer in Charge.-
Completed
• Conduct a public awareness campaign notifying the Chief Bill Rector / Bakersfield Police
community of the Gang Activity Line. Completed Department
• Coordinate with local law enforcement agencies on
developing gang hotline and PSA campaign. June probation Chief John Roberts
2008
Joint City /County Standing Committee to Combat Gang Violence 24
Suppression
Goal: To develop a comprehensive countywide suppression approach to reduce
criminal gang activity and violence in Ke~'n County.
Objective: All Agencies: Increase use of technology to assist in intelligence gathef~i»g and gang suppression.
Measures: Decrease in known gang "hangouts "coupled with an increase in technology to assist in the arrest
and rosecution of an members.
Action Ste ~ Individuals/Or anizations Res onsible
• Increase surveillance efforts through the use of mobile Bakersfield Police Department
camera technology to curb street narcotic sales and
assist in undercover operations in high crime areas and
known areas of gang activity. May 2007
• Develop a program by which all arrest information on Bakersfield Police Department
known gang members is routed to the gang unit which
in turn will notify the District Attorney's Gang
prosecution unit of the arrest. July 2007
• Work with the Kern County Probation Department and Local law Enforcement, Probation and Parole
the California Department of Corrections to develop a
GPS based monitoring system of gang offenders
released from custody. July 2007
• Utilize existing and future technology such as GIS
(Geographical Information Systems), GPS (Global Probation Chief John Roberts and all Law
Positioning Systems), etc. to monitor identified gang Enforcement agencies
menibcrs and enforce Superior Court orders. June
2008
Joint City /County Standing Committee to Combat Gang Violence 25
Suppression
Goal: To develop a comprehensive countywide suppression approach to reduce
criminal gang activity and violence in Kern County.
Objective: Probation: Suppress criminal activities in Kern County through monitoring and supervision of
gang members on probation. '
Measures: Decrease in criminal gang activity and gang violence in Kern Count7~
Action Ste s IndividualslOr anizations Res onsible
• Establish an Adult High Risk Offender Unit to Jeanie Lopez Deputy Chief of Field Services
monitor identified gang members and other high
risk offenders to increase public protection. June
2008
• Enhance the Gang Intervention and Suppression Probation Chief John Roberts
Team and Juvenile Aftercare Unit with additional
staff.-June 2008
Joint City /County Standing Committee to Combat Gang Violence 26
Suppression
Goal: To develop a comprehensive countywide suppression approach to reduce
criminal gang activity and violence in Kern County.
ObjeeNve: Sheriff/Jail: Suppress criminal activities in Kern County through ir~c•ar~ceration of gang
members.
Measures: Increase jail bed space to allow for dedicated beds.
Action Ste s Individuals/Or anizations Res onsible
• Fill vacant positions. Ongoing Sheriff Donny Youngblood (all items)
• Commit jail beds for housing of criminal gang
member (32+). June 2008
• Increase capacity for beds. June 2008
• Increase size and effectiveness of detentions gang
intelligence personnel. July 2007
• Coordinate with local law enforcement agencies
on developing gang hotline and PSA campaign.-
July 2007
• Develop protocols for filling gang bed space.
July 2007
• Allow the booking of gang members who have
misdemeanor warrants.-June 2008
Joint City /County Standing Committee to Combat Gang Violence 27
BUDGETARY DISCUSSION
The commitments requested within this document will surely entail permanent annual budget
funding earmarked specifically for the purpose of combating gang violence in Kern County.
This eruption of gang violence in Kern County has not arisen overnight and, as such, will not
be resolved instantaneously.
Simply put, the allocation of financial resources and a strong system of accountability by the
County of Kern and City of Bakersfield are integral to the successful implementation of this
Strategic Plan. Traditionally, suppression efforts in Kern County have received the lion's
share of resources, relative to both prevention and intervention. The scope of our work will
surely require equitable treatment of prevention and intervention efforts if we are to make a
lasting and significant impact on the future of at-risk youth.
It is important to solicit continued grant opportunities from state and federal sources to this
end. It is unrealistic for the County and City to wholly subsidize this endeavor, though they
are the primary financial stakeholders that must set the example for business and other
sectors to consequently follow suit.
Particular costs are not itemized by action item in this Strategic Plan. The workgroup
members fcit that it would be somewhat premature to attach specific dollar amounts to these
action items before the entire Kern County Board of Supervisors and Bakersfield City
Council had an opportunity to initially digest this information. At a later point, as these
individual action items approach implementation, specific research can be requested to
ensure that final dollar amounts are attached to these items.
Joint City /County Standing Committee to Combat Gang Violence 28
CONCLUSION
We know that there are various obstacles that we, as a community, will need to contend with
as the undercurrent of concern rises:
• Increasing Numbers ofGang-Involved Youth
• Increasing Levels of Serious Crimes Committed by Young Gang Members
• Limited Resources
• Disengaged Families
• Increased Need for Culturally and Ethnically Relevant Dialogue
These difficulties are not true impediments but, rather, a manifestation of the significant need
for direct and overt action today. The oftentimes blatant disregard for human life exhibited
by younger and younger gang members speaks to this immediate need. Some community
members have gone as far as calling youth gang members "street terrorists" since they
disavow any sense of common decency and seek to terrorize our communities.
From including current and former gang members in these efforts to possibly creating a Kern
County Office of Faith-Based and Community Initiatives modeled after its state and federal
predecessors, we must continue to push the envelope and think "outside the box." Maybe
part of the solution is to develop non-financial and financial incentives for good students in
high-risk communities. Or possibly working to expand access to after school programs
during non-traditional hours (i.e. early evenings, weekends, etc.) These are all valid
discussions that are worthy of further consideration. Only with thorough consideration by all
stakeholders wi 11 these ideas ever come to fruition and possibly bear fruit benefiting our
community at-large.
Over time, the Joint City /County Standing Committee to Combat Gang Violence will
require continued direct self involvement in the implementation and evaluation of the action
steps noted above. Again, it is also important to find acommunity-based organization that
can help us execute this plan over the long-term. This group will, by design, need to function
in a way that is proactive and not bogged down by traditional bureaucracy. There are many
Joint City /County Standing Committee to Combat Gang Violence 29
key players that lent their precious time in the last several months to see this Strategic Plan
come to fruition. They too will undoubtedly bring many insights to the table to ascertain
what organization(s) may best lead the day-to-day charge in this important war against gangs.
Kern County needs an "All Hands on Deck" mentality now to directly fight gang violence!
Joint City /County Standing Committee to Combat Gang Violence 30
TO: SAFE NEIGHBORHOODS. AND COMMUNITY RELATIONS COMMITTEE
Irma Carson, Chair
Zack Scrivner
Jacquie Sullivan
FROM: JANICE SCANLAN, ASSISTANT CITY ATTORNEY
HELENA RHO, ASSOCIATE CITY ATTORNEY ~~-
SUBJECT: AB 104 CRIMINAL RECORDS AND CITY ATTORNEYS
INTRODUCTION:
On January 3, 2007, Assembly Member Solorio introduced AB 104, which aims
to require that the Department of Justice (DOJ) .and local agencies-share their criminal
information bank with City Attorney offices. Below is a summary of the bill, so that the
committee may consider supporting Solorio's effort to change existing law in the manner
prescribed by AB 104.
SUMMARY OF PROVISIONS:
Existing law requires that the DOJ maintain information relating to the state
criminal history of any person, including names, birth-dates, physical descriptions,
fingerprints, photographs, dates of arrests, arresting agencies, charges, dispositions,
and similar data. The Attorney General is required to provide that information to law
enforcement and other entities such as the District Attorney's office and prosecuting
City Attorneys. The proposed bill would require the Attorney General to provide such
information to City Attorneys pursuing civil injunctions and drug abatements.
Further, existing law requires local criminal justice agencies to supply local
criminal history information to specified law enforcement and other entities. This local
information is similar to the DOJ state databank and includes identifying information and
other criminal history of an individual in the local agency's possession. The proposed
legislation would require those agencies to provide such information to City Attorneys
pursuing civil injunctions and drug abatements.
STATUS OF BILL:
In the last two months, the bill has been twice referred to .the Committee on
Public Safety with amendments. The last action was made on February 27, 2007, when
the bill was referred to the Committee on Appropriations.
S:\COUNCIL\Committee\SAFE NEIGHBORHOODS\O6-OTab 104.doc
TO: SAFE NEIGHBORHOODS AND COMMUNITY RELATIONS COMMITTEE
Irma Carson, Chair
Zack Scrivner
Jacquie Sullivan
R M: JANICE SCANLAN, ASSISTANT CITY ATTORNEY7' "`
F O ~(~,
HELENA RHO, ASSOCIATE CITY ATTORNEY ~O~
SUBJECT: GANG ABATEMENT AND PREVENTION ACT
INTRODUCTION:
Previously, City representatives have sent letters in support of Senate Bill 155,
"The Gang Prevention and Effective Deterrence Act of 2005," which was a part of a
decade long effort by Senators Feinstein and Hatch for tougher federal legislation for
gang crime. During the last session of Congress, S. 155 was approved by the Judiciary
Committee, but the Senate took no action.
Senate. Bill 456, the "Gang Abatement and Prevention Act of 2007," was
introduced by Senators Feinstein, Hatch and 18 additional Senators to the Committee
on the Judiciary on January 31, 2007. The bill is 28 pages in length and broken into
three segments: 1) New Federal Criminal Laws Needed to Fight National Gangs; 2)
Violent Crime Reforms to Reduce Gang Violence; .and 3) Increased Federal Resources
to Deter and Prevent At-risk Youth From Joining Illegal Street Gangs And For Other
Purposes. Generally, it is a reiteration of S. 155: comprehensive gang legislation that
establishes new crimes and tougher federal penalties to deter and punish members of
illegal street gangs. The .legislation would provide more than $1 billion in funding for
gang enforcement, prevention and intervention programs over five years. The following
is an overview of some of the relevant provisions within S. 456:
Provisions:
The first segment of the legislation proposes a new definition of "criminal street
gang." This new definition sets forth conditions which must be met before a group of
individuals can be labeled a "criminal. street gang:' Such conditions include having
committed at least 3 gang crimes (which are enumerated) within 5 years. The new
definition is important because other new laws are proposed which make it illegal to
recruit persons to be in "criminal street gangs" or to commit certain violent crimes in
furtherance of or to aid or to gain admittance to criminal street gangs.
Safe Neighborhoods and Community Relations Committee
March 5, 2007
Page 2
This bill makes participation in a criminal street gang a federal offense, which
includes committing, conspiring to attempting to commit a "gang crime." "Gang crime"
has been defined to include violent and/or serious state and felony crimes such as
murder, kidnapping, robbery, arson, extortion, obstruction of justice, carjacking,
tampering with witnesses or victims, and firearm offenses. That the new laws will make
criminal gang activity federal offenses is significant, because federal law provides more
restricted and stringent bail conditions, can move cases to trial more quickly, and leads
to prison sentences that are not subject to parole.
Prosecuting Gan4 Members:
The legislation establishes new and more severe penalties for gang-related
crimes. The current law provides that a felon's gang involvement can be treated at
most as a mere sentencing enhancement, adding no more than 10 years to a sentence.
S. 456 establishes far higher penalties for violent crimes, including the possibility of life
imprisonment without parole for murder, kidnapping, aggravated sexual abuse, or
maiming. If the gang crime is a serious violent felony, the criminal can receive up to 30
years in prison. For other violent gang crimes, the maximum penalty is 20 years in
prison.
Further, the bill creates a new criminal offense for murder and other violent
crimes committed in furtherance of a drug trafficking crime. It also increases the
maximum penalties for violence committed in furtherance of racketeering, so that the
laws complement one another, and provide punishment appropriate to the more serious
and dangerous, organized nature of these offenses.
Tougher laws are proposed for offenses such as carjacking, conspiracy, and
other existing offenses in which gang members may be involved. For example, it would
eliminate barriers that limit the abilities of prosecutors to charge individuals who commit
serious crimes such as carjacking, increase penalties for felons possessing firearms,
and allow an offense committed in Indian territories to serve as a predicate crime for a
racketeering crime.
The bill extends the statute of limitations for charging a violent crime case, from 5
years to 10 years after the offense. For terrorism cases, the time is extended from 8 to
10 years. Other aspects of the bill which make prosecution easier include lowering
barriers to detaining gang members in possession of firearms, permitting wiretaps to be
used for investigating gang crimes, increasing penalties for illegal aliens who commit
violent crimes.
Prevention and Intervention:
One of the unique aspects of the proposed legislation is contained in section 301.
This authorizes the Attorney General to designate areas as "high intensity interstate
_ gang activity areas." In determining whether an area qualifies as a "high intensity
interstate gang activity area", the Attorney General must meet with local elected officials
and take the following into consideration:
Safe Neighborhoods and Community Relations Committee
March 5, 2007
Page 3
a) the current and predicted levels of gang crime activity in the area;
b) the extent to which violent crime is related to criminal street gangs;
c) the extent to which state and local law enforcement have
committed resources to respond to gang crime problems;
d) the extent to which a significant increase in allocation of federal
resources would enhance local response to gang crime.
If an area is designated, the Attorney General will:
a) establish criminal street gang enforcement teams made up of
federal, state and local law enforcement agency members;
b) direct reassignment or detailing from any federal department or
agency to each team;
c) provide all necessary funding for the operation of each local
collaborative group and for national and regional meetings.
Under this section, the Attorney General is required to establish a "National Gang
Activity Database," designed to disseminate critical gang information to law enforcement
agencies throughout the country. As part of this effort, 94 additional Assistant U.S.
attorneys would be created and assigned to high intensity interstate gang activity areas.
Also, the section provides for the establishment of a "National Gang Research,
Evaluation, and Policy Institute," which will assist in designing and implementing local
strategies and provide technical assistance and conduct the appropriate research.
The financial aspects of this legislation are tremendous. The appropriation for
the above mentioned program alone is $500 million over five years. Fifty percent of the
funds must be spent on enforcement teams and the other fifty percent is available for
grants for community-based programs to provide crime prevention, research and
intervention programs.
Further, the bill would authorize $100 million over five years to expand the
Project Safe Neighborhood program, with an expansion of prosecutors and law
enforcement agents focused on reducing violence and gun crimes. $250 million would
be authorized for the expansion of the FBI's Safe Streets Program, to investigate and
prosecute violent street gangs and criminals. Another $100 million would be authorized
to expand crime control grants to state and local governments, so they can hire
additional prosecutors, staff and technology as needed to bring more cases against
gangs and violent criminals. $270 million over 5 years would go to witness protection
needs, including those of state and local prosecutors.
The City Attorney's office will continue to monitor this legislation and author
letters of support if directed.
HR:Isc
S:\COUNCIL\Committee\SAFE NEIGHBORHOODS\06-OTgang abatement.doc
Documents related
to the
Regular Meeting of
the Ad Hoc
Committee on Crime,
Weapons, Gang
Violence and
Community Relations
March 15, 2007
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BS THE pAKERSFIELD CALIFORNIAN
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Editorial page Edttor: Dianne Hardislal •395-7414 • optnionCaabakersflel
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J ' he "snapshot" study of homeless- some increase pf the homeless in the ~cen-
_ nesa. in the Bakersfield area con- sus, including in rural areas ;- it is clear
ducted by - the Kern County that the plight of the homeless is getting
);iomeless Collaborative tells us we have a worse: ~'
lot to do.- . ~ ~ .Nick Ortiz of the. United Way of Rern
;..Although this year's study was more ` County, said; "We're satisfied the census
sgphisticated than in the past, it was never shows the continuing need for services for
meant to be an in-depth academic-type those individuals"
effort. It did not need to be. ' ~ ' The results of the census will be sent to
- :~ .The surveyors ;asked a simple question the U.S. Department of Housing and'
of people in places the homeless frequent: Urban Development. The numbers will be
"where did you sleep last night?" When the sheltered and unsheltered used to develop future grant programs.
- iything that was not ,designed or r categories are combined, the numbers But that is hkely to take time. Mean-
~anded for human habitation counted as . ~' make the lesson clear: We, as. a society, while, local government agencies and non-
a non-home. Examples included camp.;,: must do much more.. governmental groups must come together
_ sites, automobiles, abandoned. buildings, There were 389 men, womel} and chit- to provide some relief as soon as gossible.
agpstruction sheds and garages. dren in emergency shelters; 501: in transi- The United Way,. which. was a participant
,;, People who slept in homeless shelters or tional housing and 621 unsheltered fora in the census, is making shelters `one of its .~
. transitional housing -such things as tem- total of 1,511. focused programs ;for the. year., It is' often
porary group homes -were also counted. Even taking into account the fact that that such local efforts yield the best quick
S~gch places are not really individual fami- the study was more comprehensive this results. -
Iy. homes in the classic sense of the term. year than in the. past -which accounts for It is an effort vve all can help with.
SB 550 (Ashburn)
Public Parks: Crime-Free Zones
PURPOSE
Existing law provides for an additional term of imprisonment, or penalty enhancement, if a
person is convicted of a specified offense committed for the benefit of a criminal street gang
within 1,000 feet of a school.
This bill would amend this provision to also include parks where children congregate within
the 1,000 foot protected zone.
BACKGROUND
The Street Terrorism Enforcement and Prevention (STEP) Act of 1993 was enacted in an
attempt to combat violent street gangs. One of the provisions later amended into the Act is
the establishment of "safe zones" around schools. It provides for a punishment
enhancement for gang-related crimes that are committed within 1,000 feet of schools.
This was done in an effort to provide a safe place where children can learn and play without
the fear of gang violence. The provision of a penalty enhancement for gang-related
convictions serves as a deterrent to further crime, as well as playing a role in diminishing the
access of gangs to our impressionable youth.
SB 550 amends the STEP Act, specifically Section 186.22 of the Penat Code, to include
parks where children congregate in the 1,000-foot safe-zone area. This measure creates a
"Crime-Free Zone" around these parks in an expansion of our efforts to protect our children
from gang violence and influence.
Many cities and rural areas have parks that have been literally taken over by street gangs,
turning them into hostile environments where children are subjected to violent crime, drug
use, and intimidation. Even adults are afraid to walk their dogs or sit in the shade in these
parks. Ironically, most of them are public parks that are paid for by tax payers who are
effectively unable to utilize their facilities.
By extending the protections afforded to our schools to the parks where children hang out
and play with their friends, we are taking a huge step toward ensuring their safety. SB 550
serves as a critical part of the Legislature's anti-gang initiative.
SPONSOR
City of Bakersfield
SI IPP[~RT
None on file
OPPOSITION
None on file
AMENDMENTS
None on file
For more information contact Ken DeVore at 916-651-4018 or at ken.devore(c~sen.ca.gov.
(Updated March 12, 2007)
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'iS 456 IS
110th CONGRESS
1st Session
S. 456
Page 1 of 28
To increase and enhance law enforcement resources committed to investigation
:and prosecution of violent gangs, to deter and punish violent gang crime, to
protect law-abiding citizens and communities from violent criminals, to revise and
:enhance criminal penalties for violent crimes, to expand and improve gang
prevention programs, and for other purposes.
IN THE SENATE OF THE UNITED STATES
.7anuary 31, 2007
rs. FEINSTEIN (for herself, Mr. HATCH, Mr. SCHUMER, Mr. SPECTER, Mr. BIDEN,
r. KYL, Mr. STEVENS, Ms. CANTWELL, Mr. COLEMAN, Ms. MIKULSKI, Mr.
4000S, Mr. PRYOR, Mr. SALAZAR, Mrs. MURRAY, Mr. BROWN, Mrs. CLINTON,
rs. DOLE, Mr. CORNYN, Mr. KOHL, and Mr. CASEY) introduced the following bill;
hich was read twice and referred to the Committee on the Judiciary
A BILL
To increase and enhance law enforcement resources committed to investigation
and prosecution of violent gangs, to deter and punish violent gang crime, to
;protect law-abiding citizens and communities from violent criminals, to revise and
:enhance criminal penalties for violent crimes, to expand and improve gang
prevention programs, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the 'Gang Abatement and Prevention Act of 2007'.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
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Sec. 2. Table of contents.
Sec. 3. Findings.
TITLE I--NEW FEDERAL CRIMINAL LAWS NEEDED TO FIGHT
NATIONAL GANGS
Sec. 101. Revision and extension of penalties related to criminal street
gang activity.
TITLE II--VIOLENT CRIME REFORMS TO REDUCE GANG VIOLENCE
Sec. 201. Violent crimes in aid of racketeering activity.
Sec. 202. Murder and other violent crimes committed during and in
relation to a drug trafficking crime.
Sec. 203. Expansion of rebuttable presumption against release of
persons charged with firearms offenses.
Sec. 204. Statute of limitations for violent crime.
Sec. 205. Study of hearsay exception for forfeiture by wrongdoing.
Sec. 206. Possession of firearms by dangerous felons.
Sec. 207. Conforming amendment.
Sec. 208. Amendments relating to violent crime.
Sec. 209. Crimes of violence and drug crimes committed by illegal
aliens.
Sec. 210. Publicity campaign about new criminal penalties.
Sec. 211. Statute of limitations for terrorism offenses.
Sec. 212. Crimes committed in Indian country or exclusive Federal
jurisdiction as racketeering predicates.
Sec. 213. Predicate crimes for authorization of interception of wire, oral,
and electronic communications.
Sec. 214. Clarification of Hobbs Act.
TITLE III--INCREASED FEDERAL RESOURCES TO DETER AND
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PREVENT AT-RISK YOUTH FROM ]DINING ILLEGAL STREET
GANGS AND FOR OTHER PURPOSES
Sec. 301. Designation of and assistance for high intensity interstate
gang activity areas.
Sec. 302. Enhancement of Project Safe Neighborhoods initiative to
improve enforcement of criminal laws against violent gangs.
Sec. 303. Additional resources needed by the Federal Bureau of
Investigation to investigate and prosecute violent criminal street gangs.
Sec. 304. Grants to prosecutors and law enforcement to combat violent
crime.
Sec. 305. Short-Term State Witness Protection Section.
Sec. 306. Witness protection services.
Sec. 307. Expansion of Federal witness relocation and protection
program.
Sec. 308. Family abduction prevention grant program.
SEC. 3. FINDINGS.
Congress finds that--
(1) violent crime and drug trafficking are pervasive problems at the
national, State, and local level;
(2) according to recent Federal Bureau of Investigation, Uniform Crime
Reports, violent crime in the United States is on the rise, with a 2.5
percent increase in violent crime in 2005 (the largest increase in the
United States in 15 years) and an even larger 3.7 percent jump during
the first 6 months of 2006;
(3) these disturbing rises in violent crime are attributable in part to the
spread of criminal street gangs and the willingness of gang members to
commit acts of violence and drug trafficking offenses;
(4) according to a recent National Drug Threat Assessment, criminal
street gangs are responsible for much of the retail distribution of the
cocaine, methamphetamine, heroin, and other illegal drugs being
distributed in rural and urban communities throughout the United
States;
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(5) gangs commit acts of violence or drug offenses for numerous
motives, such as membership in or loyalty to the gang, for protecting
gang territory, and for profit;
(6) gang presence and intimidation, and the organized and repetitive
nature of the crimes that gangs commit, has a pernicious effect on the
free flow of interstate commercial activities and directly affects the
freedom and security of communities plagued by gang activity,
diminishing the value of property, inhibiting the desire of national and
multinational corporations to transact business in those communities,
and in a variety of ways significantly affecting interstate and foreign
commerce;
(7) gangs often recruit and utilize minors to engage in acts of violence
and other serious offenses out of a belief that the criminal justice
systems are more lenient on juvenile offenders;
(8) gangs often intimidate and threaten witnesses to prevent successful
prosecutions;
(9) gang recruitment can be deterred through increased vigilance,
strong criminal penalties, partnerships between Federal and State and
local law enforcement, and proactive intervention efforts, particularly
targeted at juveniles, prior to gang involvement;
(10) State and local prosecutors and law enforcement officers, in
hearings before the Committee on the Judiciary of the Senate and
elsewhere, have enlisted the help of Congress in the prevention,
investigation, and prosecution of gang crimes and in the protection of
witnesses and victims of gang crimes; and
(li) because State and local prosecutors and law enforcement have the
expertise, experience, and connection to the community that is needed
to assist in combating gang violence, consultation and coordination
between Federal, State, and local law enforcement is critical to the
successful prosecutions of criminal street gangs..
TITLE I--NEW FEDERAL CRIMINAL LAWS NEEDED TO FIGHT NATIONAL
GANGS
SEC. 101. REVISION AND EXTENSION OF PENALTIES RELATED TO
CRIMINAL STREET GANG ACTIVITY.
(a) In General- Chapter 26 of title 18, United States Code, is amended to
read as follows:
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`CHAPTER 26--CRIMINAL STREET GANGS
'Sec.
521. Definitions.
522. Criminal street gang prosecutions.
523. Recruitment of persons to participate in a criminal street gang.
524. Violent crimes in furtherance of criminal street gangs.
525. Forfeiture.
Sec. 521. Definitions
In this chapter:
(1) CRIMINAL STREET GANG- The term ~ criminal street gang' means a
formal or informal group or association of 5 or more individuals, who
commit 3 or more gang crimes (not less than 1 of which is a serious
violent felony), in 3 or more separate criminal episodes (not less than 1
of which occurs after the date of enactment of the Gang Abatement and
Prevention Act of 2007, and the last of which occurs not later than 5
years after the commission of a prior gang crime (excluding any time of
imprisonment for that individual)).
(2) GANG CRIME- The term 'gang crime' means a felony offense under
Federal or State law punishable by imprisonment for more than 1 year,
in any of the following categories:
(A) A crime that has as an element the use, attempted use, or
threatened use of physical force against the person of another, or is
burglary, arson, or extortion.
(B) A crime involving obstruction of justice, or tampering with or
retaliating against a witness, victim, or informant.
(C) A crime involving the manufacturing, importing, distributing,
possessing with intent to distribute, or otherwise trafficking in a
controlled substance or listed chemical (as those terms are defined
in section 102 of the Controlled Substances Act (21 U.S.C. 802)).
(D) Any conduct punishable under--
(i) section 844 (relating to explosive materials);
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' (ii) subsection (a)(1), (d), (g)(1) (where the underlying
conviction is a violent felony or a serious drug offense (as
those terms are defined in section 924(e)), (g)(2), (g)(3), (g)
(4)~ (9)(5). (9)(8), (9)(9), (i), (J), (k). (n), (o), (p), (4), (u), or
(x) of section 922 (relating to unlawful acts);
' (iii) subsection (b), (c), (g), (h), (k), (I), (m), or (n) of
section 924 (relating to penalties);
' (iv) section 930 (relating to possession of firearms and
dangerous weapons in Federal facilities);
' (v) section 931 (relating to purchase, ownership, or
possession of body armor by violent felons);
' (vi) sections 1028 and 1029 (relating to fraud and related
activity in connection with identification documents or access
devices);
' (vii) section 1084 (relating to transmission of wagering
information);
' (viii) section 1952 (relating to interstate and foreign travel or
transportation in aid of racketeering enterprises);
' (ix) section 1956 (relating to the laundering of monetary
instruments);
' (x) section 1957 (relating to engaging in monetary
transactions in property derived from specified unlawful
activity); or
' (xi) sections 2312 through 2315 (relating to interstate
transportation of stolen motor vehicles or stolen property).
' (E) Any conduct punishable under section 274 (relating to bringing
in and harboring certain aliens), section 277 (relating to aiding or
assisting certain aliens to enter the United States), or section 278
(relating to importation of aliens for. immoral purposes) of the
Immigration and Nationality Act (8 U.S.C. 1324, 1327, and 1328).
' (F) Any crime involving aggravated sexual abuse, pimping or
promoting prostitution, obscenity (including sections 1461 through
1465), sexual exploitation of children (including sections 2251,
2251A, 2252 and 2260), peonage, slavery or trafficking in persons
(including sections 1581 through 1592) and sections 2421 through
2427 (relating to transport for illegal sexual activity).
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(3) MINOR- The term ~ minor' means an individual who is less than 18
years of age.
(4) SERIOUS VIOLENT FELONY- The term ~ serious violent felony' has
the meaning given that term in section 3559.
(5) STATE- The term 'State' means each of the several States of the
United States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.
'Sec. 522. Criminal street gang prosecutions
(a) Street Gang Crime- It shall be unlawful for any person to knowingly
commit, or conspire, threaten, or attempt to commit, a gang crime for the
purpose of furthering the activities of a criminal street gang, or gaining
entrance to or maintaining or increasing position in a criminal street gang, if
the activities of that criminal street gang occur in or affect interstate or
foreign commerce.
(b) Penalty- Any person who violates subsection (a) shall be fined under this
title and--
(1) for murder, kidnapping, conduct that would violate section 2241 if
the conduct occurred in the special maritime and territorial jurisdiction of
the United States, or maiming, imprisonment for any term of years or
for life;
(2) for any other serious violent felony, by imprisonment for not more
than 30 years;
(3) for any crime of violence that is not a serious violent felony, by
imprisonment for not more than 20 years; and
(4) for any other offense, by imprisonment for not more than 10 years.
Sec. 523. Recruitment of persons to participate in a criminal street gang
(a) Prohibited Acts- It shall be unlawful to knowingly recruit, employ, solicit,
induce, command, or cause another person to be or remain as a member of a
criminal street gang, or attempt or conspire to do so, with the intent to cause
that person to participate in an offense described in section 522, if the
defendant travels in interstate or foreign commerce in the course of the
offense, or if the activities of that criminal street gang are in or affect
interstate or foreign commerce.
(b) Penalties- Whoever violates subsection (a) shall--
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' (1) if the person recruited, employed, solicited, induced, commanded,
or caused to participate or remain in a criminal street gang is a minor--
' (A) be fined under this title, imprisoned not more than 20 years,
or both; and
' (B) at the discretion of the sentencing judge, be liable for any
costs incurred by the Federal Government, or by any State or local
government, for housing, maintaining, and treating the minor until
the person attains the age of 18 years;
' (2) if the person who recruits, employs, solicits, induces, commands, or
causes the participation or remaining. in a criminal street gang is
incarcerated at the time the offense takes place, be fined under this title,
imprisoned not more than 20 years, or both; and
' (3) in any other case, be fined under this title, imprisoned not more
than 10 years, or both.
' (c) Consecutive Nature of Penalties- Any term of imprisonment imposed
under subsection (b)(2) shall be consecutive to any term imposed for any
other offense.
' Sec. 524. Violent crimes in furtherance of criminal street gangs
' (a) In General- It shall be unlawful for any person, for the purpose of
gaining entrance to or maintaining or increasing position in, or in furtherance
of, or in association with, a criminal street gang, or as consideration for
anything of pecuniary value to or from a criminal street gang, to knowingly
commit a crime of violence or threaten to commit a crime of violence against
any individual, or attempt or conspire to do so, if the activities of the criminal
state gang occur in or affect interstate or foreign commerce.
' (b) Penalty- Any person who violates subsection (a) shall be punished by a
fine under this title and--
' (1) for murder, kidnapping, conduct that would violate section 2241 if
the conduct occurred in the special maritime and territorial jurisdiction of
the United States, or maiming, by imprisonment for any term of years or
for life;
` (2) for a serious violent felony other than one described in paragraph
(1), by imprisonment for not more than 30 years; and
' (3) in any other case, by imprisonment for not more than 20 years,
Sec. 525. Forfeiture
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(a) Criminal Forfeiture- A person who is convicted of a violation of this
chapter shall forfeit to the United States--
(1) any property used, or intended to be used, in any manner or part,
to commit, or to facilitate the commission of, the violation; and
(2) any property constituting, or derived from, any proceeds obtained,
directly or indirectly, as a result of the violation.
(b) Procedures Applicable- Pursuant to section 2461(c) of title 28, the
provisions of section 413 of the Controlled Substances Act (21 U.S.C. 853),
except subsections (a) and (d) of that section, shall apply to the criminal
forfeiture of property under this section.'.
(b) Amendment Relating to Priority of Forfeiture Over Orders for Restitution-
Section 3663(c)(4) of title 18, United States Code, is amended by striking
chapter 46 or' and inserting 'chapter 26, chapter 46, or' .
(c) Money Laundering- Section 1956(c)(7)(D) of title 18, United States Code,
is amended by inserting ' ,section 522 (relating to criminal street gang
prosecutions), 523 (relating to recruitment of persons to participate in a
criminal street gang), and 524 (relating to violent crimes in furtherance of
criminal street gangs)' before ~ , section. 541'.
TITLE II--VIOLENT CRIME REFORMS TO REDUCE GANG VIOLENCE
SEC. 201. VIOLENT CRIMES IN AID OF RACKETEERING ACTIVITY.
Section 1959(a) of title 18, United States Code, is amended--
(1) in the matter preceding paragraph (1)--
(A) by inserting ' or in furtherance or in aid of an enterprise
engaged in racketeering activity,' before 'murders,'; and
(B) by inserting 'engages in conduct that would violate section
2241 if the conduct occurred in the special maritime and territorial
jurisdiction of the United States,' before ~ maims,';
(2) in paragraph (1), by inserting 'conduct that would violate section
2241 if the conduct occurred in the special maritime and territorial
jurisdiction of the United States, or maiming,' after ~ kidnapping,';
(3) in paragraph (2), by striking 'maiming' and inserting 'assault
resulting in serious bodily injury';
(4) in paragraph (3), by striking ' or assault resulting in serious bodily
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injury';
(5) in paragraph (4)--
(A) by striking ~ five years' and inserting ' 10 years'; and
(B) by adding 'and' at the end; and
(6) by striking paragraphs (5) and (6) and inserting the following:
(5) for attempting or conspiring to commit any offense under this
section, by the same penalties (other than the death penalty) as those
prescribed for the offense, the commission of which was the object of
the attempt or conspiracy.'.
SEC. 202. MURDER AND OTHER VIOLENT CRIMES COMMITTED
DURING AND IN RELATION TO A DRUG TRAFFICKING CRIME.
(a) In General- Part D of the Controlled Substances Act (21 U.S.C. 841 et
seq.) is amended by adding at the end the following:
SEC. 424. MURDER AND OTHER VIOLENT CRIMES COMMITTED
DURING AND IN RELATION TO A DRUG TRAFFICKING CRIME.
(a) In General- Whoever, during and in relation to any drug trafficking
crime, knowingly commits any felony crime of violence against any individual,
for which imprisonment for a period longer than 1 year may be imposed, or
threatens, attempts or conspires to do so, shall be punished by a fine under
title 18, United States Code, and, in addition and consecutive to the
punishment provided for the drug trafficking crime--
(1) for murder, kidnapping, conduct that would violate section 2241 if
the conduct occurred in the special maritime and territorial jurisdiction of
the United States, or maiming, by imprisonment for any term of years or
for life;
(2) for a serious violent felony (as del=lned in section 3559 of title 18,
United States Code) other than one described in paragraph (1) by
imprisonment for not more than 30 years;
(3) for a crime of violence that is not a serious violent felony, by
imprisonment for not more than 20 years; and
(4) in any other case by imprisonment for not more than 10 years.
(b) Venue- A prosecution for a violation of this section may be brought in--
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' (1) the judicial district in which the murder or other crime of violence
occurred; or
' (2) any judicial district in which the drug trafficking crime may be
prosecuted.
' (c) Definitions- In this section--
' (1) the term 'crime of violence' has the meaning given that term in
section 16 of title 18, United States Code; and
' (2) the term 'drug trafficking crime' has the meaning given that term
in section 924(c)(2) of title 18, United States Code.'.
(b) Clerical Amendment- The table of contents for the Controlled Substances
Act is amended by inserting after the item relating to section 423, the
following:
'Sec. 424. Murder and other violent crimes committed during and in
relation to a drug trafficking crime.'.
SEC. 203. EXPANSION OF REBUTTABLE PRESUMPTION AGAINST
RELEASE OF PERSONS CHARGED WITH FIREARMS OFFENSES.
Section 3142(e) of title 18, United States Code, is amended in the matter
following paragraph (3), by inserting after 'that the person committed' the
following: ' an offense under subsection (g)(1) (where the underlying
conviction is a drug trafficking crime or crime of violence (as those terms are
defined in section 924(c))), (g)(2), (g)(3), (g)(4), (g)(5), (g)(8), or (g)(9) of
section 922,'.
SEC. 204. STATUTE OF LIMITATIONS FOR VIOLENT CRIME.
(a) In General- Chapter 213 of title 18, United States Code, is amended by
adding at the end the following:
Sec. 3299A. Violent crime offenses
' No person shall be prosecuted, tried, or punished for any noncapital felony
crime of violence, including any racketeering activity or gang crime which
involves any crime of violence, unless the indictment is found or the
information is instituted not later than 10 years after the date on which the
alleged violation occurred or the continuing offense was completed.'.
(b) Clerical Amendment- The table of sections at the beginning of chapter
213 of title 18, United States Code, is amended by adding at the end the
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following:
' 3299A. Violent crime offenses.'.
SEC. 205. STUDY OF HEARSAY EXCEPTION FOR FORFEITURE BY
WRONGDOING.
The Committee on Rules, Practice, Procedure, and Evidence of the Judicial
Conference of the United States shall study the necessity and desirability of
amending section 804(b) of the Federal Rules of Evidence to permit the
introduction of statements against a party by a witness who has been made
unavailable where it is reasonably foreseeable by that party that wrongdoing
would make the declarant unavailable.
SEC. 206. POSSESSION OF FIREARMS BY DANGEROUS FELONS.
(a) In General- Section 924(e) of title 18, United States Code, is amended by
striking paragraph (1) and inserting the following:
' (1) In the case of a person who violates section 922(g) of this title and has
previously been convicted by any court referred to in section 922(8)(1) of a
violent felony or a serious drug offense shall--
' (A) in the case of 1 such prior conviction, where a period of not more
than 10 years has elapsed since the later of the date of conviction and
the date of release of the person from imprisonment for that conviction,
be imprisoned for not more than 15 years, fined under this title, or both;
' (B) in the case of 2 such prior convictions, committed on occasions
different from one another, and where a period of not more than 10
years has elapsed since the later of the date of conviction and the date
of release of the person from imprisonment for the most recent such
conviction, be imprisoned for not more than 20 years, fined under this
title, or both; and
' (C) in the case of 3 such prior convictions, committed on occasions
different from one another, and where a period of not more than 10
years has elapsed since the later of date of conviction and the date of
release of the person from imprisonment for the most recent such
conviction, be imprisoned for any term of years not less than 15 years or
for life and fined under this title, and notwithstanding any other
provision of law, the court shall not suspend the sentence of, or grant a
probationary sentence to, such person with respect to the conviction
under section 922(8).'.
(b) Amendment to Sentencing Guidelines- Pursuant to its authority under
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section 994(p) of title 28, United States Code, the United States Sentencing
Commission shall amend the Federal Sentencing Guidelines to provide for an
appropriate increase in the offense level for violations of section 922(g) of
title 18, United States Code, in accordance with section 924(e) of that title
18, as amended by subsection (a).
SEC. 207. CONFORMING AMENDMENT.
The matter preceding paragraph (1) in section 922(d) of title 18, United
States Code, is amended by inserting ' ,transfer,' after 'sell'.
SEC. 208. AMENDMENTS RELATING TO VIOLENT CRIME.
(a) Carjacking- Section 2119 of title 18, United States Code, is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ' , with the intent to cause death or serious bodily
harm';
(B) by inserting ~ in the physical presence of, and causing a
reasonable apprehension of fear in, another individual' after ' by
force and violence'; and
(C) by inserting ' or conspires' after ~ attempts';
(2) in paragraph (1), by striking ' 15 years' and inserting ~ 20 years';
and
(3) in paragraph (2), by striking ' or imprisoned not more than 25 years,
or both' and inserting ~ and imprisoned for any term of years or for life'.
(b) Clarification and Strengthening of Prohibition on Illegal Gun Transfers to
Commit Drug Trafficking Crime or Crime of Violence- Section 924(h) of title
18, United States Code, is amended to read as follows:
(h) Whoever knowingly transfers a firearm that has moved in or that
otherwise affects interstate or foreign commerce, knowing that the firearm
will be used to commit, or possessed in furtherance of, a crime of violence (as
defined in subsection (c)(3)) or drug trafficking crime (as defined in
subsection (c)(2)) shall be fined under this title and imprisoned not more
than 20 years.'.
(c) Amendment of Special Sentencing Provision Relating to Limitations on
Criminal Association- Section 3582(d) of title 18, United States Code, is
amended--
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(1) by inserting ~ chapter 26 of this title (criminal street gang
prosecutions) or in' after 'felony set forth in'; and
(2) by inserting ~ a criminal street gang or' before ~ an illegal enterprise'.
(d) Conspiracy Penalty- Section 371 of title 18, United States Code, is
amended by striking ~ five years, or both.' and inserting ' 20 years (unless the
maximum penalty for the crime that served as the object of the conspiracy
has a maximum penalty of imprisonment of less than 20 years, in which case
the maximum penalty under this section shall be the penalty for such crime),
or both. This paragraph does not supersede any other penalty specifically set
forth for a conspiracy offense.`.
SEC.. 209. CRIMES OF VIOLENCE AND DRUG CRIMES COMMITTED
BY ILLEGAL ALIENS.
(a) Offenses- Title 18 of the United States Code, is amended by inserting
after chapter 51 the following new chapter:
CHAPTER 52--ILLEGAL ALIENS
'Sec.
1131. Enhanced penalties for certain crimes committed by illegal aliens.
'Sec. 1131. Enhanced penalties for certain crimes committed by illegal
aliens
(a) In General- Whoever, being an alien who is present in the United States
in violation of section 275 or 276 of the Immigration and Nationality Act (8
U.S.C. 1325 and 1326), knowingly commits, conspires, or attempts to
commit a felony crime of violence for which imprisonment for a period of
more than 1 year may be imposed, or a drug trafficking crime (as defined in
section 924(c)), shall be fined under this title, imprisoned not more than 20
years, or both.
(b) Previously Ordered Removed- If the defendant in a prosecution under
subsection (a) was previously ordered removed under the Immigration and
Nationality Act on the grounds of having committed a crime, the defendant
shall be fined under this title, imprisoned not more than 30 years, or both.
(c) Running of Sentence- A term of imprisonment imposed for an offense
pursuant to this section may not run concurrently with any other sentence of
imprisonment imposed for another offense.'.
(b) Clerical Amendment- The table of chapters at the beginning of part I of
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title 18, United States Code, is amended by inserting after the item relating
to chapter 51 the following new item:
1131'.
SEC. 210. PUBLICITY CAMPAIGN ABOUT NEW CRIMINAL
PENALTIES.
The Attorney General is authorized to conduct media campaigns in any area
designated as a high intensity interstate gang activity area under section 301
and any area with existing and emerging problems with gangs, as needed, to
educate individuals in that area about the changes in criminal penalties made
by this Act, and shall report to the Committee on the Judiciary of the Senate
and the Committee on the Judiciary of the House of Representatives the
amount of expenditures and all other aspects of the media campaign.
SEC. 211. STATUTE OF LIMITATIONS FOR TERRORISM OFFENSES.
Section 3286(a) of title 18, United States Code, is amended--
(1) in the subsection heading, by striking ~ Eight-Year' and inserting
'Ten-Year'; and
(2) in the first sentence, by striking ~ 8 years' and inserting ~ 10 years'.
SEC. 212. CRIMES COMMITTED IN INDIAN COUNTRY OR
EXCLUSIVE FEDERAL JURISDICTION AS RACKETEERING
PREDICATES.
Section 1961(1)(A) of title 18, United States Code, is amended by inserting ',
or would have been so chargeable if the act or threat (other than gambling)
had not been committed in Indian country (as defined in section 1151) or in
any other area of exclusive Federal jurisdiction,' after 'chargeable under
State law'.
SEC. 213. PREDICATE CRIMES FOR AUTHORIZATION OF
INTERCEPTION OF WIRE, ORAL, AND ELECTRONIC
COMMUNICATIONS.
Section 2516(1) of title 18, United States Code, is amended--
(1) by striking ' or' and the end of paragraph (r);
(2) by redesignating paragraph (s) as paragraph (u); and
(3) by inserting after paragraph (r) the following:
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Page 16 of 28
(s) any violation of section 424 of the Controlled Substances Act
(relating to murder and other violent crimes in furtherance of a drug
trafficking crime);
(t) any violation of section 522, 523, or 524 (relating to criminal street
gangs); or'.
SEC. 214. CLARIFICATION OF HOBBS ACT.
Section 1951(b) of title 18, United States Code, is amended--
(1) in paragraph (1), by inserting 'including the unlawful impersonation
of a law enforcement officer (as that term is defined in section 245(c) of
this title),' after ~ by means of actual or threatened force,'; and
(2) in paragraph (2), by inserting ~ including the unlawful impersonation
of a law enforcement officer (as that term is defined in section 245(c) of
this title),' after ' by wrongful use of actual or threatened force,'.
TITLE III--INCREASED FEDERAL RESOURCES TO DETER AND PREVENT AT-
RISK YOUTH FROM ,70INING ILLEGAL STREET GANGS AND FOR OTHER
PURPOSES
SEC. 301. DESIGNATION OF AND ASSISTANCE. FOR HIGH
INTENSITY INTERSTATE GANG ACTIVITY AREAS.
(a) Definitions- In this section:
(1) GOVERNOR- The term 'Governor' means a Governor of a State, the
Mayor of the District of Columbia, the tribal leader of an Indian tribe, or
the chief executive of a Commonwealth, territory, or possession of the
United States.
(2) HIGH INTENSITY INTERSTATE GANG ACTIVITY AREA- The term
high intensity interstate gang activity area' or ' HIIGAA' means an area
within a State or Indian country that is designated as a high intensity
interstate gang activity area under subsection (b)(1).
(3) INDIAN COUNTRY- The term 'Indian country' has the meaning given
the term in section 1151 of title 18, United States Code.
(4) INDIAN TRIBE- The term 'Indian tribe' has the meaning given the
term in section 4(e) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b(e)).
(5) STATE- The term 'State' means a State of the United States, the
Search Results -THOMAS (Library of Congress)
Page 17 of 28
District of Columbia, and any commonwealth, territory, or possession of
the United States.
(6) TRIBAL LEADER- The term 'tribal leader' means the chief executive
officer representing the governing body of an Indian tribe.
(b) High Intensity Interstate Gang Activity Areas-
(1) DESIGNATION- The Attorney General, after consultation with the
Governors of appropriate States, may designate as high intensity
interstate gang activity areas, specii=tc areas that are located within 1 or
more .States.
(2) ASSISTANCE- In order to provide Federal assistance to high intensity
interstate gang activity areas, the Attorney General shall--
(A) establish local collaborative working groups, which shall include-
(i) criminal street gang enforcement teams, consisting of
Federal, State, tribal, and local law enforcement authorities,
for the coordinated investigation, disruption, apprehension,
and prosecution of criminal street gangs and offenders in each
high intensity interstate gang activity area;
(ii) school, community, and faith leaders in the area; and
(iii) service providers in the community, including those
experienced at reaching youth who have been involved in
violence and violent gangs or groups, to provide at-risk youth
with positive alternatives to gangs and other violent groups
and to address the needs of those who leave gangs and other
violent groups;
(B) direct the reassignment or detailing from any Federal
department or agency (subject to the approval of the head of that
department or agency, in the case of a department or agency other
than the Department of Justice) of personnel to each criminal street
gang enforcement team;
(C) provide all necessary funding for the operation of each local
collaborative working group in each high intensity interstate gang
activity area; and
(D) provide all necessary funding for national and regional meetings
of local collaborative working groups, criminal street gang
enforcement teams, and all other related organizations, as needed,
Search Results -THOMAS (Library of Congress) Page 18 of 28
to ensure effective operation of such teams through the sharing of
intelligence and best practices and for any other related purpose.
(3) COMPOSITION OF CRIMINAL STREET GANG ENFORCEMENT TEAM-
Each team established under paragraph (2)(A)(i) shall consist of agents
and officers, where feasible, from--
(A) the Federal Bureau of Investigation;
(B) the Drug Enforcement Administration;
(C) the Bureau of Alcohol, Tobacco, Firearms, and Explosives;
(D) the United States Marshals Service;
(E) the Department of Homeland Security;
(F) the Department of Housing and Urban Development;
(G) State, local, and, where appropriate, tribal law enforcement;
(H) Federal, State, and local prosecutors; and
(I) the Bureau of Indian Affairs, Office of Law Enforcement
Services, where appropriate.
(4) CRITERIA FOR DESIGNATION- In considering an area for designation
as a high intensity interstate gang activity area under this section, the
Attorney General shall consider--
(A) the current and predicted levels of gang crime activity in the
area;
(B) the extent to which violent crime in the area appears to be
related to criminal street gang activity, such as drug trafficking,
murder, robbery, assaults, carjacking, arson, kidnapping, extortion,
and other criminal activity;
(C) the extent to which State, local, and, where appropriate, tribal
law enforcement agencies have committed resources to--
(i) respond to the gang crime problem; and
(ii) participate in a gang enforcement team;
(D) the extent to which a significant increase in the allocation of
Federal resources would enhance local response to the gang crime
Search Results -THOMAS (Library of Congress)
activities in the area; and
Page 19 of 28
(E) any other criteria that the Attorney General considers to be
appropriate.
(5) RELATION TO HIDTAS- If the Attorney General establishes a high
intensity interstate gang activity area that substantially overlaps
geographically with any existing high intensity drug trafficking area (in
this section referred to as a ~ HIDTA'), the Attorney General shall direct
the local collaborative working group for that high intensity interstate
gang activity area to enter into an agreement with the Executive Board
for that HIDTA, providing that--
(A) the Executive Board of that HIDTA shall establish a separate
high intensity interstate gang activity area law enforcement
steering committee, and select (with a preference for Federal,
State, and local law enforcement agencies that are within the
geographic area of that high intensity interstate gang activity area)
the members of that committee, subject to the concurrence of the
Attorney General;
(B) the high intensity interstate gang activity area law enforcement
steering committee established under subparagraph (A) shall
administer the funds provided under subsection (g)(1) for the
Criminal Street Gang Enforcement Team, after consulting with, and
consistent with the goals and strategies established by, that local
collaborative working group;
(C) the high intensity interstate gang activity area law enforcement
steering committee established under subparagraph (A) shall
select, from Federal, State, and local law enforcement agencies
within the geographic area of that high intensity interstate gang
activity area, the members of the Criminal Street Gang
Enforcement Team; and
(D) the Criminal Street Gang .Enforcement Team of that high
intensity interstate gang activity area, and its law enforcement
steering committee, may, with approval of the Executive Board of
the HIDTA with which it overlaps, utilize. the intelligence-sharing,
administrative, and other resources of that HIDTA.
(c) Reporting Requirements- Not later than February 1 of each year, the
Attorney General shall provide a report to Congress which describes, for each
designated high intensity interstate gang activity area--
(1) the specific long-term and short-term goats and objectives;
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(2) the measurements used to evaluate the performance of the high
intensity interstate gang activity area in achieving the long-term and
short-term goals;
(3) the age, composition, and membership of gangs;
(4) the number and nature of crimes committed by gangs; and
(5) the definition of the term gang used to compile this report.
(d) National Gang Activity Database-
(1) IN GENERAL- From amounts made available to carry out this section,
the Attorney General shall establish a National Gang Activity Database to
be housed at and administered by the Federal Bureau of Investigation.
(2) DESCRIPTION- The database required by paragraph (1) shall--
(A) be designed to disseminate gang information to law
enforcement agencies throughout the country;
(B) contain critical information on gangs, gang members, firearms,
criminal activities, vehicles, and other information useful for
investigators in solving gang-related crimes; and
(C) operate in a manner that enables law enforcement agencies to--
(i) identify gang members involved in crimes;
(ii) track the movement of gangs and members throughout the
region;
(iii) coordinate law enforcement response to gang violence;
(iv) enhance officer safety;
(v) provide realistic, up to date figures and statistical data on
gang crime and violence;
(vi) forecast trends and, respond accordingly; and
(vii) more easily solve crimes and prevent violence.
(e) Additional Assistant United States Attorneys- The Attorney General is
authorized to hire 94 additional Assistant United States attorneys to carry out
the provisions of this section. Each attorney hired under this subsection shall
be assigned to a high intensity interstate gang activity area.
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(f) National Gang Research, Evaluation, and Policy Institute-
(1) IN GENERAL- The Bureau of Justice Assistance of the Department of
Justice, after consulting with relevant with law enforcement officials,
practitioners and researchers, shall establish a National Gang Research,
Evaluation, and Policy Institute (in this subsection referred to as the
Institute').
(2) ACTIVITIES- The Institute shall promote and facilitate the
implementation of effective gang violence prevention models, including
the Operation Ceasefire gang violence prevention strategy and other
effective strategies to prevent gang violence. The Institute shall assist
jurisdictions in designing and implementing effective local strategies,
and shall provide technical assistance and conduct research in support of
its mission.
(3) NATIONAL CONFERENCE- Not later than 90 days after the date of its
formation, the Institute shall design and conduct a national conference
to prevent gang violence, and to teach and promote gang violence
prevention strategies. The conference shall be attended by appropriate
representatives from criminal street enforcement teams, and local
collaborative working groups, including community, religious, and social
service organizations.
(4) NATIONAL DEMONSTRATION SITES- Not later than 120 days after
the date of its formation, the Institute shall select appropriate HIIGAA
areas to serve as primary national demonstration sites, based on the
nature, concentration and distribution of various gang types, and the
range of particular gang-related issues. The Institute shall thereafter
establish such other, secondary sites, to be linked to and receive
technical assistance through the primary sites, as it may deem
appropriate.
(5) DISSEMINATION OF INFORMATION- Not later than 180 days after
the date of its formation, the Institute shall develop and begin
dissemination of information, including guides, research and assessment
models, case studies, evaluations, and best practices. The Institute shall
also create a website, designed to support the implementation of
successful gang violence prevention models, and disseminate
appropriate information to assist jurisdictions in reducing gang violence.
(6) SUPPORT- The Institute shall obtain initial and continuing support
from experienced researchers and practitioners, as it deems necessary,
to assist in implementing its strategies nationally, regionally, and locally.
(7) RESEARCH AGENDA- The Institute shall establish and implement a
core research agenda designed to address areas of particular challenge,
Search Results -THOMAS (Library of Congress)
including--
Page 22 of 28
(A) how best to apply Operation Ceasefire or other successful
models to particularly large jurisdictions;
(B) how to foster and maximize the continuing impact of
community moral voices in this context;
(C) how to ensure the long-term sustainability of reduced violent
crime levels once initial levels of enthusiasm may subside; and
(D) how to apply existing intervention frameworks to emerging
regional or national gang problems, such. as the emergence of the
gang known as MS-13.
(8) EVALUATION- The National Institute of Justice shall evaluate, on a
continuing basis, gang violence prevention strategies supported by the
Institute, and shall report the results of these evaluations by no later
than October 1 each year to the Committee on the Judiciary of the
Senate and the Committee on the Judiciary of the House of
Representatives.
(9) FUNDS- The Attorney General shall use not less than 3 percent, and
not more than 5 percent, of the amounts made available under this
section to establish and operate the Institute.
(g) Use of Funds- Of amounts made available to a local collaborative working
group under this section for each fiscal year that are remaining after the costs
of hiring a full time coordinator for the local collaborative effort--
(1) 50 percent shall be used for the operation of criminal street gang
enforcement teams; and
(2) 50 percent shall be used--
(A) to provide at-risk youth with positive alternatives to gangs and
other violent groups and to address the needs of those who leave
gangs and other violent groups through--
(i) service providers in the community, including schools and
school districts; and
(ii) faith leaders and other individuals experienced at reaching
youth who have been involved in violence and violent gangs or
groups;
(B) for the establishment and operation of the National Gang
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Research, Evaluation, and Policy Institute; and
(C) to support and provide technical assistance to research in
criminal justice, social services, and community gang violence
prevention collaborations.
(h) Authorization of Appropriations- There are authorized to be appropriated
to carry out this section $100,000,000 for each of fiscal years 2008 through
2012. Any funds made available under this subsection shall remain available
until expended.
SEC. 302. ENHANCEMENT OF PROJECT SAFE NEIGHBORHOODS
INITIATIVE TO IMPROVE ENFORCEMENT OF CRIMINAL LAWS
AGAINST VIOLENT GANGS.
(a) In General- While maintaining the focus of Project Safe Neighborhoods as
a comprehensive, strategic approach to reducing gun violence in America, the
Attorney General is authorized to expand the Project Safe Neighborhoods
program to require each United States attorney to--
(1) identify, investigate, and prosecute significant criminal street gangs
operating within their district; and
(2) coordinate the identification, investigation, and prosecution of
criminal street gangs among Federal, State, and local law enforcement
agencies.
(b) Additional Staff for Project Safe Neighborhoods-
(1) IN GENERAL- The Attorney General may hire Assistant United States
attorneys, non-attorney coordinators, or paralegals to carry out the
provisions of this section.
(2) ENFORCEMENT- The Attorney General may hire Bureau of Alcohol,
Tobacco, Firearms, and Explosives agents for, and otherwise expend
additional resources in support of, the Project Safe
Neighborhoods/Firearms Violence Reduction program.
(3) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated $20,000,000 for each of fiscal years 2008 through 2012 to
carry out this section. Any funds made available under this paragraph
shall remain available until expended.
SEC. 303. ADDITIONAL RESOURCES NEEDED BY THE FEDERAL
BUREAU OF INVESTIGATION TO INVESTIGATE AND PROSECUTE
VIOLENT CRIMINAL STREET GANGS.
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(a) Responsibilities of Attorney General- The Attorney General is authorized
to require the Federal Bureau of Investigation to--
(1) increase funding for the Safe Streets Program; and
(2) support criminal street gang enforcement teams.
(b) Authorization of Appropriations-
(1) IN GENERAL- In addition to amounts otherwise authorized, there are
authorized to be appropriated to the Attorney General $10,000,000 for
each of fiscal years 2008 through 2012 to carry out the Safe Streets
Program.
(2) AVAILABILITY- Any amounts appropriated under paragraph (1) shall
remain available until expended.
SEC. 304. GRANTS TO PROSECUTORS AND LAW ENFORCEMENT TO
COMBAT VIOLENT CRIME.
(a) In General- Section 31702 of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 13862) is amended--
(1) in paragraph (3), by striking ~ and' at the end;
(2) in paragraph (4), by striking the period at the end and inserting a
semicolon; and
(3) by adding at the end the following:
(5) to hire additional prosecutors to--
(A) allow more cases to be prosecuted; and
(B) reduce backlogs; and
(6) to fund technology, equipment, and training for prosecutors and
law enforcement in order to increase accurate identification of gang
.members and violent offenders, and to maintain databases with such
information to facilitate coordination among law enforcement and
prosecutors.'.
(b) Authorization of Appropriations- Section 31707 of the Violent Crime
Control and Law Enforcement Act of 1994 (42 U.S.C. 13867) is amended to
read as follows:
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SEC. 31707. AUTHORIZATION OF APPROPRIATIONS.
'There are authorized to be appropriated $20,000,000 for each of the fiscal
years 2008 through 2012 to carry out this subtitle.'.
SEC. 305. SHORT-TERM STATE WITNESS PROTECTION SECTION.
(a) Establishment-
(1) IN GENERAL- Chapter 37 of title 28, United States Code, is amended
by adding at the end the following:
Sec. 570. Short-Term State Witness Protection Section
' (a) In General- There is established in the United States Marshals Service a
Short-Term State Witness Protection Section which shall provide protection
for witnesses in State and local trials involving homicide or other major
violent crimes pursuant to cooperative agreements with State and local
criminal prosecutor's offices and the United States attorney for the District of
Columbia.
' (b) Eligibility- The Short-Term State Witness Protection Section shall give
priority in awarding grants and providing services to criminal prosecutor's
offices in States with an average of not less than 100 murders per year
during the 5-year period immediately preceding an application for protection,
as calculated using the latest available crime statistics from the Federal
Bureau of Investigation.'.
(2) CHAPTER ANALYSIS- The chapter analysis for chapter 37 of title 28,
United States Code, is amended by striking the items relating to sections
570 through 576 and inserting the following:
' 570. Short-Term State Witness Protection Section.'.
(b) Grant Program-
(1) DEFINITIONS- In this subsection--
(A) the term 'eligible prosecutor's office' means a State or local
criminal prosecutor's office or the United States attorney for the
District of Columbia that is located in a State with an average of not
less than 100 murders per year during the most recent 5-year
period, as calculated using the latest available crime statistics from
the Federal Bureau of Investigation; and
(B) the term 'serious violent felony' has the same meaning as in
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Search Results -THOMAS (Library of Congress) Page 26 of 28
section 3559(c)(2) of title 18, United States Code.
(2) GRANTS AUTHORIZED-
(A) IN GENERAL- The Attorney General is authorized to make
grants to eligible prosecutor's offices for the purpose of providing
short term protection to witnesses in trials involving homicide or
serious violent felony.
(B) ALLOCATION- Each eligible prosecutor's office receiving a grant
under this subsection may either--
(i) use the grant to provide witness protection; or
(ii) pursuant to a cooperative agreement with the Short-Term
State Witness Protection Section of the United States Marshals
Service, credit the grant to the Short-Term State Witness
Protection Section to cover the costs to the section of
providing witness protection on behalf of the eligible
prosecutor's office.
(3) APPLICATION-
(A) IN GENERAL- Each eligible prosecutor's office desiring a grant
under this subsection shall submit an application to the Attorney
General at such time, in such manner, and accompanied by such
information as the Attorney General may reasonably require.
(6) CONTENTS- Each application submitted under subparagraph (A)
shall--
(i) describe the activities for which assistance under this
subsection is sought; and
(ii) provide such additional assurances as the Attorney General
determines to be essential to ensure compliance with the
requirements of this subsection.
(4) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated to carry out this subsection $90,000,000 for each of fiscal
years 2008 through 2010.
SEC. 306. WITNESS PROTECTION SERVICES.
Section 3526 of title 18, United States Code (Cooperation of other Federal
agencies and State governments; reimbursement of expenses) is amended
by adding at the end the following:
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Page 27 of 28
(c) In any case in which a State government requests the Attorney General
to provide temporary protection under section 3521(e) of this title, the costs
of providing temporary protection are not reimbursable if the investigation or
prosecution in any way relates to crimes of violence committed by a gang, as
defined under the laws of the relevant State seeking assistance under this
title.'.
SEC. 307. EXPANSION OF FEDERAL WITNESS RELOCATION AND
PROTECTION PROGRAM.
Section 3521(a)(1) of title 18 is amended by inserting ~, criminal street gang,
serious drug offense, homicide,' after 'organized criminal activity'.
SEC. 308. FAMILY ABDUCTION PREVENTION GRANT PROGRAM.
(a) State Grants- The Attorney General is authorized to make grants to
States for projects involving--
(1) the extradition of individuals suspected. of committing a family
abduction;
(2) the investigation by State and local law enforcement agencies of
family abduction cases;
(3) the training of State and local law enforcement agencies in
responding to family abductions and recovering abducted children,
including the development of written guidelines and technical assistance;
(4) outreach and media campaigns to educate parents on the dangers of
family abductions; and
(5) the flagging of school records.
(b) Matching Requirement- Not less than 50 percent of the cost of a project
for which a grant is made under this section shall be provided by non-Federal
sources.
(c) Definitions- In this section:
(1) FAMILY ABDUCTION- -The term 'family abduction' means the taking,
keeping, or concealing of a child or children by a parent, other family
member, or person acting on behalf of the parent or family member,
that prevents another individual from exercising lawful custody or
visitation rights.
(2) FLAGGING- The term ~ flagging' means the process of notifying law
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enforcement authorities of the name and address of any person
requesting the school records of an abducted child.
(3) STATE- The term ~ State' means each of the several States, the
District of Columbia, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands, American Samoa,
Guam, the Virgin Islands, any territory or possession of the United
States, and any Indian tribe.
(d) Authorization of Appropriations- There are authorized to be appropriated
to carry out this section $500,000 for fiscal year 2008 and such sums as may
be necessary for each of fiscal years 2009 and 2010.
'ND
THOMAS Home ~ Contact ~ Accessibility ~ Legal (USA.gov
JOINT CITY /COUNTY STANDING COMMITTEE TO
COMBAT GANG VIOLENCE
Input from Local Pastors and Faith Leaders
Hodel's Country Dining Restaurant
January 4, 2007
11:30 a.m.
RELATIONSHIPS
Build relationships with families of gang members and those at-risk of gang involvement
- Speak with mothers /grandmothers face-to-face
- Outreach inside of the home
- -Build relationship with at-risk/active gang parents
Build relationships with schools
- Connect to resources within faith-based groups
Dialogue with former and current gang members
- Involve former gang members in outreach
- Seek input of gang members regarding intervention strategies and how best to
help them
Develop culturally-sensitive dialogue
- Include people that are actually from within the culture
- Acknowledge different needs or approaches necessitated by diverse cultures
Build individual relationships within neighborhoods throughout the community
- Get people involved in the lives of others through acts of compassion (e.g. paint a
fence, plant a garden)
- Empower neighborhoods by incorporating ablock-by-block approach with faith-
based groups
- Churches would designate responsibility in their own locales and spheres of
influence
EDUCATION
Invest in K-2 grade levels
- Do not allow students with inadequate skills to slip through
Work on early detection of learning disabilities in schools
Schools should focus on reading, writing, and arithmetic
- Schools should not be legislating morality -that is not their mandate
Joint City/County Standing Committee to Combat Gang Violence Input from Loca[ Pastors and Faith Leaders
January 4, 2007
page 1 of 3
EDUCATION (continued)
Implement more after-school programs
Expand vocational training opportunities
Collaborate with and support neighborhood at-risk schools
- Provide tutoring and homework help
Establish linkage with CSUB and BC
- Utilize CSUB students in student teaching in after-school programs
- Bring experts and volunteers together to enhance tutoring of reading
- Help reading specialists guide volunteers
Establish reward incentives for good students
- Offer incentives for those with a 3.5 GPA or above
- Provide opportunity for them to serve as role models for struggling youth
Address needs of average and borderline students
- Recognize accomplishments and foster motivation to aspire
MENTORING
Expand mentoring efforts throughout Bakersfield and Kern County
- Offer mentoring both for youth and parents
- Churches should take a more active role in fostering mentoring opportunities and
challenging their congregations to participate
- Offer program that builds parenting skills
COMMUNITY
Create supervised community center for at-risk youth
- Provide residential program with social services (one-stop shop)
- Develop a safe house that functions as "safe haven"
- Incorporate a mentoring element
Open more sober living facilities for youth
- There is an existing gap in sufficient resources
Expand reentry help into society after California Youth Authority (CYA) /jail
- Provide supportive services (housing, jobs, counseling, sober living, GED)
- Otherwise, they will simply be returning to the same environment
Facilitate community prayer
- Prayer must be a priority
- Consider coordinated effort with National Day of Prayer
Joint City/County Standing Committee to Combat Gang Violence Input from Local Pastors and Faith Leaders
January 4, 2007
page 2 of 3
GOVERNMENT
Develop tax breaks and incentives for non-profits that are addressing gang issues
- Minimize red tape and bureaucracy
- Provide personnel with expertise to allow non-profits to navigate through
established processes
Further develop suppression efforts
- Gangs should not be idealized or seen as an option
- Send message by cracking down on gang offenders
- Ensure follow-through in order to continue disclosure of information
FUNDING
Fund effective programs
Increase funding for community faith-based work
- Create a supervising coalition to monitor and foster accountability
Avoid competition for funds among non-profits
- This is contrary to goal of collaboration
Encourage business participation
- Seek support through finances and other resources
Target funding of programs and recreational facilities in locales where there is the
greatest need (e.g. inner city)
Attendees
Anthony, Oscar - St. Peter Restoration Comm. Ch.
Banks, Marisa -Compassion Christian Center
Banks, Roland -Compassion Christian Center
Calhoun, Hiawatha - Mt. Zion Baptist Church
Carson, Irma -City of Bakersfield, Council Ward
Conley, Leon -Stay Focused Ministries
Conley, Rose -Stay Focused Ministries
Coston, Johnettee -Cain AME Church
Coston, Timothy -Cain AME Church
Ekhardt, Bill - Northminster Presbyterian Church
Eveland, Jessica -Bakersfield Community Church
Frech, Ken -Here's Life Inner City
Froese, David -Heritage Bible Church
Goh, David -Bakersfield Community Church
Goh, Karen -Garden Pathways, Inc.
Gomez, Arlene - Victory Outreach South Bkfd
Gomez, Nolberto -Victory Outreach South Bkfd
Jenkins, Bernita - Tristone Missionary Bapt. Ch.
Jordan, Josephate -Christ First Ministries
McClanahan, Teri -Ebony Counseling Center
Munoz, Jesse -Believers in Jesus Church
Reyes, Sergio -County of Kern, S`" Sup. District
Rhamie, Kevin - Southside Seventh Day Adventist
Rubio, Michael - County of Kern, S`" Sup. District
Sturdivant, Mickey - M.A. S.K.
Vasquez, Eddie - Victory Outreach South Bkfd
Webster, Jonathan -Kern Family Living Center
Joint City/County Standing Committee to Combat Gang Violence
Input from Local Pastors and Faith Leaders
January 4, 2007
page 3 of 3
Bg~gN~ ~E crc~E of siN ~D CHIME
Men & Women Networking Through Jesus Christ to
romote Evangelism and Discipleship & Prayer as well
p
as aftercare with support.
We are involved in working with teenagers and adults, as such; we utilize a multitude of
educational, tutorial, and vocational resources, Wherein we also focus on job referrals,
housing, counseling and networking with "Human Service Provider Organizations" that can
best serve our brother's and sister needs. It is our contention that it is hard to educate the
hungry, and homeless. But, through evangelism and discipleship from prison to
empowerment, from destitution to the notion of "restorative justice", we are here to aid those
who want to help themselves and help others. We are still about the business of our Lord
and Savior Jesus Christ of each-one-teach-one reach back and do unto others as others have
done to support you.
Pastor Ishmael Kimbrough, Jr.
The People's Missionary Baptist Church
The Christian Help Center
1451 Madison Street. P.O. Box 70072
Bakersfield, California 93387
"The road home is
Possibly the most
difficult j ourney an
ex-prisoner will ever
make, But remember
we can do all things
through Christ Jesus
who strengthens us"
Assoc. Minister Wesley Crawford, Sr.
The People's Missionary Baptist Church
For More Information Please Call 661-834-4830
SAFE NEIGHBORHOODS COMMITTEE
Thursday, March 15, 2007
ATTENDANCE LIST
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Name Organization Contact: Phone/ E-mail
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