BILL REQ. #:  H-3938.1 

READ FIRST TIME 01/31/12.   

     AN ACT Relating to local intervention and prevention programs for reducing youth involvement in criminal street gang activities; adding new sections to chapter 43.20A RCW; creating a new section; and making an appropriation.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   (1) The legislature finds that criminal street gang activities are a serious problem that threatens the long-term economic, social, and public safety interests of Washington state and its counties and cities. Local communities require assistance to reduce criminal street gang activity and to increase criminal street gang intervention and prevention services that can strengthen families, improve school performance, reduce criminal activity and promote prosocial development and success among our state's young adults.
     (2) An initial investment in prevention and intervention measures will help to ensure that our youth avoid gang membership and activities, as well as other future criminal behavior. Studies have shown that effective interventions reduce criminal activity and recidivism. It is the intent of this act to provide youth and communities with the effective tools they need to better protect the citizens of Washington from criminal street gang activities.
     (3) Criminal street gang activity may be influenced by activities such as alcohol and drug use. Given this relationship, revenues for liquor sale and consumption generated from the recent passage of Initiative Measure No. 1183 are a logical source of funding for the grant program established in section 2 of this act.

NEW SECTION.  Sec. 2   A new section is added to chapter 43.20A RCW to read as follows:
     Grants authorized.
     (1) In general. When funding is appropriated for this purpose, the Washington state partnership council on juvenile justice shall award grants to carry out local projects focused on criminal street gang prevention and intervention programs. The following members shall serve on the grant application review committee: (a) The chair of the Washington state partnership council on juvenile justice or the chair's designee; (b) the secretary of the department of social and health services or the secretary's designee; (c) the executive director of the Washington association of sheriffs and police chiefs or the executive director's designee; (d) the attorney general or the attorney general's designee; (e) one representative from counties; (f) one representative from cities; and (g) one representative from nongovernmental organizations, appointed by the chair of the partnership council. Each entity or organization has a vote when determining awards.
     (2) Eligible entities. Coalitions composed of, at a minimum, one or more local governmental entities and one or more nonprofit, nongovernmental organizations that have a documented history of creating and administering effective criminal street gang prevention and intervention programs may apply for funding under this section.
     (3) Applications. An eligible entity seeking a grant under this section shall submit an application to the Washington state partnership council on juvenile justice at such time, in such form, and in such manner as the partnership council may prescribe. Applications, at a minimum, must demonstrate that:
     (a) A significant criminal street gang problem exists in the jurisdiction or jurisdictions. Factors that may be considered in determining whether a significant criminal street gang problem exists include, but are not limited to: Crime statistics that are coded as gang-related; gang-related incidents, including graffiti and gang-related criminal activity; offenders residing in a jurisdiction that are under supervision of the department of corrections or the department of social and health services and are known active gang members; school or community surveys indicating a substantial level of gang activity in schools or the community, and previous or ongoing gang intervention activities in the jurisdiction;
     (b) Addressing the impact of criminal street gangs is a high priority in the jurisdiction seeking the grant;
     (c) The funds will be used to offer services to prevent the expansion of criminal street gang membership or support criminal street gang membership intervention to a targeted population through:
     (i) The use of one or more evidence-based or research-based programs, as defined in RCW 71.36.010, such as the office of juvenile justice and delinquency prevention program's comprehensive gang model; or
     (ii) The use of one or more innovative culturally relevant practices;
     (d) The applicant will provide at least twenty-five percent of the requested grant amount through local matching funds. Local matching funds may be provided in-kind or as cash, from public or private fund sources; and
     (e) The applicant's costs of administering the grant will not exceed four percent of the grant award.
     (4) Term. Grant funds awarded under this section are limited to a period of twelve calendar months.
     (5) No supplanting. Grant funds awarded under this section must be used to supplement, not supplant, other moneys that are available for prevention and intervention programs.
     (6) Reports. Each eligible entity that receives a grant under this section shall submit a report describing the activities carried out with the grant funds to the secretary within one month of the one-year anniversary of receiving the award. The report must include a description of the number and types of youth served, the services provided, and the impact of those services upon the youth and the community. The partnership council shall report to the appropriate policy and fiscal committees of the legislature regarding the status of the grant program established by this section by December 31, 2012.
     (7) As used in this section, "criminal street gang" has the same meaning as defined in RCW 9.94A.030.

NEW SECTION.  Sec. 3   A new section is added to chapter 43.20A RCW to read as follows:
     (1) The criminal street gang prevention and intervention grant program account is created in the custody of the state treasurer. All receipts from the following must be deposited into the account:
     (a) Gifts, grants, bequests, devises, or other funds from public or private sources to support the gang violence prevention and intervention grant program established in section 2 of this act; and
     (b) Recoveries from suits brought by the attorney general under RCW 19.86.080 for violations of RCW 19.86.020 in the form of civil penalties and recoveries under RCW 19.86.140 that a court orders placed in the general fund and that are not otherwise subject to any other court order regarding usage. Deposits under this subsection (1)(b) shall not exceed one million dollars per fiscal year.
     (2) Expenditures from the account may be made only for establishing, administering, funding, and maintaining the criminal street gang violence prevention and intervention grant program established in section 2 of this act. Only the secretary or the secretary's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.

NEW SECTION.  Sec. 4   The sum of $5,000,000 is appropriated for the fiscal year ending June 30, 2013, from the state general fund solely for deposit in the criminal street gang prevention and intervention grant program account established in section 3 of this act.