S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5821
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 19, 2021
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN ACT to amend the executive law, in relation to  establishing  a  gang
   prevention coordination council
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The executive law is amended by adding a new section 413 to
 read as follows:
   § 413. GANG PREVENTION COORDINATION COUNCIL. 1. DEFINITIONS.  FOR  THE
 PURPOSES  OF  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
 MEANINGS:
   A. "COUNCIL" MEANS THE GANG  PREVENTION  COORDINATION  COUNCIL  ESTAB-
 LISHED PURSUANT TO THIS SECTION.
   B.  "GANG"  MEANS AN ONGOING GROUP, CLUB, ORGANIZATION, OR ASSOCIATION
 OF FIVE OR MORE PERSONS WHICH SATISFIES EACH OF THE FOLLOWING  CRITERIA,
 WITH NO ONE CRITERION BEING SUFFICIENT TO BE CONSIDERED A GANG:
   (1) ONE OF THE GANG'S PRIMARY PURPOSE IS THE COMMISSION OF ONE OR MORE
 PENAL CODE OFFENSES;
   (2) THE MEMBERS OF THE GANG ENGAGE OR HAVE ENGAGED WITHIN THE PAST TEN
 YEARS  IN  A  CONTINUING SERIES OF PENAL CODE OFFENSES DESCRIBED IN, AND
 WHICH INCLUDES THREE OR MORE INDIVIDUAL INSTANCES OF SUCH OFFENSES; AND
   (3) THE GANG IS IDENTIFIABLE BY AT LEAST TWO OF THE FOLLOWING  COMMON-
 ALITIES:  NAME  OF  THE  ASSOCIATION, SIGN, SYMBOL, ARTICLE OF CLOTHING,
 STYLE OF DRESS, TATTOO, CODE  WORD,  OR  OTHER  MARKING  OR  IDENTIFYING
 FACTOR.
   C.  "GANG  ACTIVITY"  MEANS ACTIONS, PATTERNS OF ACTIONS, AND BEHAVIOR
 RELATED TO A GANG.
   2. MEMBERSHIP. A. THE COUNCIL SHALL CONSIST OF:
   (1) THE COMMISSIONER OF EDUCATION, OR HIS OR HER DESIGNEE;
   (2) THE COMMISSIONER OF HEALTH, OR HIS OR HER DESIGNEE;
   (3) THE COMMISSIONER OF MENTAL HEALTH, OR HIS OR HER DESIGNEE;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09686-01-1

 S. 5821                             2
 
   (4) THE COMMISSIONER OF HOMES AND COMMUNITY RENEWAL,  OR  HIS  OR  HER
 DESIGNEE;
   (5)  THE  COMMISSIONER  OF CHILDREN AND FAMILY SERVICES, OR HIS OR HER
 DESIGNEE;
   (6) THE SUPERINTENDENT OF NEW YORK STATE POLICE, OR HIS OR HER  DESIG-
 NEE;
   (7) THE CHIEF JUDGE OF THE COURT OF APPEALS, OR HIS OR HER DESIGNEE;
   (8)  ONE FAMILY COURT JUDGE, APPOINTED BY THE CHIEF JUDGE OF THE COURT
 OF APPEALS;
   (9) ONE CRIMINAL COURT JUDGE, APPOINTED BY  THE  CHIEF  JUDGE  OF  THE
 COURT OF APPEALS;
   (10)  ONE  REPRESENTATIVE  FROM A PUBLIC DEFENDER AGENCY, APPOINTED BY
 THE GOVERNOR;
   (11) ONE DISTRICT ATTORNEY, APPOINTED BY THE GOVERNOR;
   (12) THE PRESIDENT OF THE NEW YORK CITY HOUSING AUTHORITY, OR  HIS  OR
 HER DESIGNEE; AND
   (13) THE ATTORNEY GENERAL, OR HIS OR HER DESIGNEE.
   B.  THE  GOVERNOR  SHALL  DESIGNATE  THE CHAIRPERSON OF THE COUNCIL IN
 CONSULTATION WITH THE SPEAKER OF THE ASSEMBLY, THE  MINORITY  LEADER  OF
 THE ASSEMBLY, THE MAJORITY LEADER OF THE SENATE, AND THE MINORITY LEADER
 OF THE SENATE.
   3. POWERS AND DUTIES. THE COUNCIL SHALL:
   A. HAVE THE POWER TO HOLD PUBLIC HEARINGS;
   B.  HOLD  AT  LEAST ONE HEARING EACH YEAR IN THE COUNTIES OF NEW YORK,
 NASSAU, SUFFOLK, WESTCHESTER, ALBANY, AND ERIE;
   C. SUBMIT TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY, AND THE MAJOR-
 ITY LEADER OF THE SENATE, AND PUBLISH ON ITS WEBSITE, AN  ANNUAL  REPORT
 ON  THE  NEEDS  AND STRENGTHS OF LOCAL GOVERNMENTS IN EACH COUNTY OF THE
 STATE RELATING TO JUVENILE DELINQUENCY, GANG ACTIVITY, AND GANG VIOLENCE
 PREVENTION AND INTERVENTION, PROVIDED SUCH REPORT SHALL BE PUBLISHED  NO
 LATER THAN THE FIRST OF APRIL IN EACH YEAR;
   D. AWARD GRANTS TO LOCAL GOVERNMENT AGENCIES AND NOT-FOR-PROFIT CORPO-
 RATIONS PURSUANT TO SUBDIVISION FOUR OF THIS SECTION;
   E.  PUBLISH  GUIDELINES  FOR  LOCAL GOVERNMENTS TO IMPLEMENT EVIDENCE-
 BASED PRACTICES TO PREVENT GANG ACTIVITY AND PREVENT YOUTH FROM  JOINING
 GANGS, INCLUDING BUT NOT LIMITED TO:
   (1) EARLY CHILDHOOD DEVELOPMENT SERVICES;
   (2) FAMILY STABILIZATION PROGRAMS;
   (3)  YOUTH AND ADOLESCENT DEVELOPMENT SERVICES, INCLUDING JOB TRAINING
 AND APPRENTICESHIP PROGRAMS;
   (4) HEALTH AND MENTAL HEALTH SERVICES FOR AT RISK YOUTH;
   (5) SUBSTANCE ABUSE AND PREVENTION SERVICES;
   (6) PROGRAMS TO HELP YOUTH CEASE  ENGAGING  IN  CRIMINAL  STREET  GANG
 ACTIVITY, SUCH AS TATTOO REMOVAL SERVICES, OUTREACH PROGRAMS, AND PEACE-
 MAKING ACTIVITIES;
   (7)  PRE-RELEASE,  POST-RELEASE, AND REENTRY SERVICES FOR INCARCERATED
 YOUTH; AND
   (8) OTHER SUCH PRACTICES, METHODS, AND SERVICES THE COUNCIL  MAY  FIND
 APPROPRIATE.
   F.  HIRE  STAFF AS THE CHAIRPERSON OF THE COUNCIL MAY DEEM APPROPRIATE
 AND SUBJECT TO APPROPRIATION; AND
   G. INSPECT DATA RELATING TO CRIMINAL  GANG  ACTIVITY  AND  YOUTH  GANG
 MEMBERS  FROM  THE  OFFICE  OF  CHILDREN  AND FAMILY SERVICES, THE STATE
 POLICE, LOCAL POLICE DEPARTMENTS, THE STATE EDUCATION DEPARTMENT,  LOCAL
 SCHOOL  DISTRICTS,  AND LOCAL CHILD SERVICE AGENCIES, OR ANY OTHER RELE-
 VANT STATE OR LOCAL AGENCY.

 S. 5821                             3
 
   4. GANG PREVENTION COORDINATION  GRANTS.  A.  A  COUNTY,  CITY,  TOWN,
 VILLAGE,  SCHOOL  BOARD, LOCAL POLICE DEPARTMENT, OTHER LOCAL GOVERNMENT
 AGENCY, OR NOT-FOR-PROFIT CORPORATION  MAY  SUBMIT  TO  THE  COUNCIL  AN
 APPLICATION  FOR  THE  IMPLEMENTATION  OF  EVIDENCE-BASED PRACTICES IN A
 PARTICULAR  MUNICIPALITY TO PREVENT GANG ACTIVITY AND PREVENT YOUTH FROM
 JOINING GANGS, PURSUANT TO GUIDELINES PUBLISHED BY THE COUNCIL,  BY  THE
 FIRST OF JANUARY EACH YEAR.
   B.  THE COUNCIL SHALL AWARD GRANTS TO APPLICANTS, SUBJECT TO APPROPRI-
 ATION, PURSUANT TO AN AWARD SCHEDULE ENDORSED BY A MAJORITY VOTE OF  THE
 COUNCIL BY THE FIRST OF MARCH EACH YEAR, PROVIDED:
   (1) NO GRANT SHALL BE AWARDED FOR MORE THAN A THREE-YEAR PERIOD;
   (2) NO INDIVIDUAL GRANT SHALL BE IN EXCESS OF TEN MILLION DOLLARS; AND
   (3)  THE  COUNCIL SHALL DISTRIBUTE GRANTS IN AN EQUITABLE MANNER BASED
 ON MERIT AND THE NEEDS AND STRENGTHS OF EACH MUNICIPALITY.
   5. IMPLEMENTATION.   THE COMPTROLLER SHALL HAVE  THE  POWER  TO  AUDIT
 GRANTS  AWARDED  BY  THE  COUNCIL, AND SHALL SUBMIT TO THE GOVERNOR, THE
 SPEAKER OF THE ASSEMBLY, AND THE MAJORITY  LEADER  OF  THE  SENATE,  AND
 SHALL  POST  ON THE COMPTROLLER'S WEBSITE, A REPORT ON THE EFFECTIVENESS
 OF THE GRANTS IN REDUCING THE LEVEL  OF  GANG  ACTIVITY  AND  PREVENTING
 YOUTH FROM JOINING GANGS.
   6.  AUDITS.  THE  COMMISSIONER  OF  CHILDREN AND FAMILY SERVICES SHALL
 PROMULGATE RULES AND REGULATIONS FOR THE IMPLEMENTATION OF THIS  SECTION
 WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF THIS SECTION.
   § 2. This act shall take effect immediately.