[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7115 Introduced in House (IH)]
110th CONGRESS
2d Session
H. R. 7115
To require the Attorney General, through the Office of Justice Programs
of the Department of Justice, to establish a 5-year competitive grant
program to establish pilot programs to reduce the rate of occurrence of
gun-related crimes in high-crime communities.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 26, 2008
Mr. Rush (for himself, Mr. Towns, Mr. Jefferson, Mr. Stark, Mr. Brady
of Pennsylvania, Mr. Grijalva, and Mr. Payne) introduced the following
bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To require the Attorney General, through the Office of Justice Programs
of the Department of Justice, to establish a 5-year competitive grant
program to establish pilot programs to reduce the rate of occurrence of
gun-related crimes in high-crime communities.
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 ``Communities in Action Neighborhood
Defense and Opportunity Act of 2008'' or the ``CAN DO Act of 2008''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The Department of Justice Bureau of Statistics reports
that over 45 Americans are killed daily by gun violence all
across the United States.
(2) In 2005, gun violence killed 3,027 American children
and teens ages 19 and under, an average of 8 young people
killed each day by guns in the United States, a total that is
the highest of any developed country.
(3) In 2005, individuals between 17 years of age and 24
years of age made up 11.4 percent of the population but
accounted for 33.7 percent of those killed by gun violence.
(4) In 2005, firearm homicide was the second leading cause
of injury death for men and women between 10 years of age and
24 years of age--second only to motor vehicle crashes.
(5) In 2005, firearm homicide was the leading cause of
death for black males between 15 years of age and 34 years of
age.
(6) A study of all direct and indirect costs of gun
violence including medical, lost wages, and security costs
estimates that gun violence costs the Nation $100 billion per
year.
(7) The average total cost of one gun crime can be as high
as $1.79 million, including medical treatment and the
prosecution and imprisonment of the shooter, and at least 80
percent of the economic costs of treating firearm injuries are
paid for by taxpayer dollars.
(8) In 1995, Boston's Operation Ceasefire, which entailed a
problem-oriented policing approach, and focused on specific
crime hot spots, was established as a strategy for stemming the
epidemic of youth gun violence in Boston, and within two years
the number of youth homicides dropped from 73 to ten, with only
one handgun-related youth homicide occurring in 1999 and 2000.
(9) Programs targeted at entire communities, such as
community revitalization, after-school programs, and media
campaigns, have been proven to be more effective in reducing
the general level of violence that children are exposed to.
(10) Sociologist James D. Wright suggests that to convince
inner-city youths not to carry guns ``requires convincing them
that they can survive in their neighborhood without being
armed, that they can come and go in peace, that being unarmed
will not cause them to be victimized, intimidated, or slain''.
SEC. 3. ESTABLISHMENT OF COMMUNITIES IN ACTION GRANT PROGRAM.
(a) In General.--The Attorney General, through the Office of
Justice Programs of the Department of Justice, shall establish a 5-year
competitive grant program (in this Act referred to as the ``Grant
Program'') under which the Attorney General may provide grants to six
communities, through State attorney generals of the States involved, to
establish and maintain, in accordance with the provisions of this Act,
pilot programs for CAN DO Centers (described in section 4(a)) in such
communities to establish, administer, and coordinate each of the
following:
(1) The CAN DO Safer Streets Strategy Group Program and
Guns off Our Streets Program under section 5.
(2) The CAN DO Operation Community Patrol Program under
section 6.
(3) The CAN DO Street Mentoring Program under section 7.
(4) The CAN DO Services Providers Network under section 8.
(b) Eligibility.--To be eligible to receive a grant under
subsection (a)--
(1) a community must be a community that has a population
within a population size specified by the Attorney General and
that has an average rate of gun homicides that is more than the
average national rate of gun homicides; and
(2) the executive officer of a community shall submit to
the Attorney General, through the State attorney general of the
State involved, an application at such time and in such manner
as specified by the Attorney General, and containing at least--
(A) a proposal for establishing and maintaining a
CAN DO Center under section 4(a) and each of the
programs described in paragraphs (1) through (4) of
subsection (a), that will demonstrate--
(i) the capacity of the community to
establish and maintain a CAN DO Program Board
described in section 4(c) and the commitment of
all of the members described in such section to
participate on such board;
(ii) the capacity of the community to
provide for each of the programs described in
such paragraphs; and
(iii) the location site for each of such
programs; and
(B) assurances that for each year the community
receives the grant the executive officer will submit to
the Attorney General, through the State attorney
general of the State involved, a report describing the
activities for which the grant funds for such year were
used.
(c) Administrative Provisions.--
(1) In general.--A grant awarded under subsection (a) shall
be awarded to a community through the State attorney general of
the State in which the community is located and shall be
administered to such community by such State attorney general.
(2) Pilot program sites.--Grants under subsection (a) shall
be awarded to six communities, 4 of which shall be urban
communities and 2 of which shall be suburban or rural
communities, as selected by the Attorney General.
(3) Amount of grants.--The amount of a grant awarded to a
community under subsection (a) shall be for each year of the
grant--
(A) in the case of an urban community, $2,000,000;
and
(B) in the case of a suburban or rural community,
$1,000,000.
(4) Duration.--
(A) In general.--Subject to subparagraph (B), a
grant awarded to a community under subsection (a) shall
be for five years.
(B) Condition for receipt of annual funds.--If,
based on a report described in subsection (c)(2)(B)
submitted by a community for a year, the Attorney
General determines that the community is not in
compliance with the terms of the grant or the proposal
submitted by such community under subsection (c) the
community shall not be eligible for a payment under the
grant for any subsequent year of the Grant Program.
SEC. 4. CAN DO CENTERS.
(a) In General.--Each community that receives a grant under
subsection (a) shall establish and maintain a CAN DO Center to
establish, administer, and coordinate each of the programs described in
section 3(a) and through which information about and access or referral
to such programs may be obtained.
(b) Administrator.--Each CAN DO Center shall be administered by an
administrator (in this Act referred to as the ``Administrator'') to be
selected by the executive officer of the community involved. Such
Administrator shall oversee the operations of the Center and the
programs established, administered, and coordinated by the Center.
(c) CAN DO Program Board.--
(1) In general.--Each CAN DO Center shall have a CAN DO
Program Board to consult and advise the Administrator and
executive officer of the community involved, with respect to
the programs established, administered, and coordinated by the
Center.
(2) Members.--Each CAN DO Program Board, with respect to a
community, shall be composed of members as follows:
(A) Initial members.--Initial members of the Board
shall be appointed and selected as follows:
(i) Ten members shall be appointed as
follows:
(I) 1 shall be a representative of
the executive officer's office;
(II) 1 shall be a representative of
the local court;
(III) 1 shall be a representative
of the local prosecutor's office;
(IV) 1 shall be a representative of
the local public defender's office;
(V) 1 shall be a representative of
the office of the executive officer of
the community;
(VI) 1 shall be a representative of
a local educational agency;
(VII) 1 shall be a representative
of a local mental health agency;
(VIII) 1 shall be a representative
of the local law enforcement agency;
(IX) 1 shall be a representative of
a local job training agency; and
(X) 1 shall be a representative of
the regional office of the Department
of Health and Human Services;
(ii) Seven members shall be selected by the
community in accordance with a process
specified by the executive officer of the
community, of whom--
(I) 1 shall be a local parent;
(II) 1 shall be a local student;
(III) 1 shall be a representative
of the local faith-based community or
clergy;
(IV) 1 shall be a representative
from a local business; and
(V) 3 shall be representatives from
a community-based nonprofit
organization that works with at-risk
youth in areas of education, life
skills, job readiness, management,
counseling, or any other related area.
(B) Additional members.--The initial members of the
Board appointed and selected under subparagraph (A) may
by the affirmative vote of two-thirds of such members
select additional members to be included on the Board.
(3) Memorandum of agreement.--Each Community in Action
Advisory Board shall establish a memorandum of agreement, which
must be signed by each member of the Board before participating
on such Board, that provides for the duties of each member with
respect to establishing, administering and coordinating the
programs described in section 3(a) and the timeframes involved
in establishing, administering, and coordinating such programs.
(4) Terms.--
(A) In general.--The terms of members of each
Community in Action Advisory Board shall be 1 year,
except as provided in subparagraph (B). There shall be
no limit for the number of terms that such a member may
serve.
(B) Vacancies.--Any member appointed to fill a
vacancy occurring before the expiration of the term for
which the predecessor of the member was appointed shall
be appointed only for the remainder of that term. A
member may serve after the expiration of that member's
term until a successor has been appointed or selected.
A vacancy in the Commission shall be filled in the
manner in which the original appointment or selection
was made.
(5) Meetings.--Each Community in Action Advisory Board
shall meet at least once every three months.
SEC. 5. CAN DO SAFER STREETS STRATEGY GROUP PROGRAM.
(a) Strategy Group.--
(1) In general.--Each community that receives a grant under
section 3(a) shall establish a CAN DO Safer Streets Strategy
Group (in this Act to be known as the ``Strategy Group'' to
develop a coordinated community-wide intervention strategy,
through the coordination and knowledge of the community's law
enforcement and criminal justice agencies, to deter firearm
violence and homicides, including such crimes committed by
youth, in the community.
(2) Members.--Each Strategy Group, with respect to a
community, shall consist of the following members:
(A) At least one representative of the local police
anti-gang unit or similar local police unit.
(B) At least one representative from the United
States Attorney's office involved.
(C) At least one representative from the State
probation office and the State parole office involved
or similar office for such State.
(D) At least one representative of the United
States Bureau of Alcohol, Tobacco, Firearms and
Explosives.
(E) At least one representative of the United
States Drug Enforcement Administration.
(F) At least one representative of the Federal
Bureau of Investigation.
(G) At least one representative of the Department
of Youth Services of the Department of Health and Human
Services.
(H) If applicable, at least one representative of
the county district attorney's office.
(I) At least one representative of the Communities
in Action Street Mentoring Program under section 7.
(J) At least one representative of the local
clergy.
(K) Representatives of any other applicable
community-based organization.
(3) Specific duties.--Each Strategy Group, with respect to
a community, shall have the following duties:
(A) Tracking gang activity.--The Strategy Group
shall geographically map the areas of the community
with the highest rates of gun homicides and gather and
coordinate information on the sizes of gangs in the
community, the areas of the community affected by the
activities of such gangs, and any alliances or
conflicts between gangs in the community.
(B) Information on high risk individuals.--The
Strategy Group shall collect and maintain information
on individuals identified by law enforcement officials
as being involved in multiple gun homicides and violent
crimes, including information on probation, parole,
warrants, criminal violations committed, arrests, and
other information related to the criminal history of
such individuals.
(C) Deterrence meetings.--The Strategy Group shall
meet with the following individuals to communicate with
such individuals that the community has a zero
tolerance policy for homicides:
(i) Individuals identified under
subparagraph (B).
(ii) At-risk youth (as defined in section
6(b)), through group and individual meetings in
schools, homes of such youth, neighborhoods of
such youth, courthouses, and other appropriate
locations.
(iii) Teens and youth who are on probation.
(D) Order maintenance and enforcement tactics.--In
the case of any gun homicide that occurs in the
community, the Strategy Group shall provide for,
through working and consultation with the appropriate
law enforcement agencies, intensive order maintenance
and enforcement tactics to quickly suppress potential
resulting firearm violence in emerging violent hotspots
in the community, as identified by the Strategy Group.
Such tactics may include targeting individuals
identified under subparagraph (B) in the community with
aggressive enforcement of penalties for motor vehicle
violations, outstanding arrests, public drinking and
disorderly conduct, loitering, probation and parole
violations, breaking curfew, child support arrears, and
other criminal violations.
(E) Additional services.--The Strategy Group shall
inform individuals in the community about services
provided by the community, specifically services
provided or coordinated by the Communities in Action
Center of the community, including job training and
placement services, drug treatment services, tutoring
services for General Education Development (GED)
testing, psychological and mental health services, and
conflict mediation and resolution services.
(F) Guns off our streets program.--The Strategy
Group shall oversee the Guns off Our Streets Program
under subsection (b) for the community and shall--
(i) flag for investigation each firearms
trace conducted under such program that shows
guns used or found in high-risk neighborhoods
of the community, as identified by the Strategy
Group, and guns that are associated with gang
members in the community; and
(ii) establish and maintain a database or
other data collection that compares trace data
determined through the program, as described in
subsection (b)(2), and data on individuals
collected or maintained by the Strategy Group
under subparagraph (B) on individuals described
in such subparagraph.
(b) Guns Off Our Streets Program.--Each community that receives a
grant under section 3(a) shall provide for a Guns off Our Streets
Program under which--
(1) the local law enforcement agencies work together with
the district attorney's office involved and, as appropriate, in
consultation with the United States Attorney's office involved
and the Bureau of Alcohol, Tobacco, Firearms, and Explosives,
to investigate firearm trafficking in the community and crime
committed by repeat criminal offenders in the community;
(2) the local law enforcement agencies shall submit to the
Bureau of Alcohol, Tobacco, Firearms, and Explosives
information necessary for the Bureau to trace through the
Bureau's National Tracing Center each gun recovered by such
agencies to discover sources of illegal weapons and firearms-
trafficking patterns in the community and the Bureau shall
conduct such traces;
(3) the local law enforcement agencies and the Bureau of
Alcohol, Tobacco, Firearms, and Explosives will work in
collaboration to ensure all Federal firearms licenses issued in
the community are in compliance with Federal laws; and
(4) the local law enforcement agencies shall attempt to
gather information on the firearms market from criminal
offenders in the community.
(c) DOJ Assistance.--Upon request of the Strategy Group, the
Attorney General may detail, on a reimbursable basis, the appropriate
personnel of the Department of Justice to the Strategy Group to assist
it in carrying out its duties under this section.
SEC. 6. CAN DO OPERATION COMMUNITY PATROL PROGRAM.
(a) In General.--Each community that receives a grant under section
3(a) shall establish and carry out a CAN DO Operation Community Patrol
Program (in this section referred to as the ``Community Patrol
Program''), under which probation officers of the District Court
involved shall jointly work with law enforcement officers from the
anti-gang violence unit of the local law enforcement agency involved
(or similar unit) to identify and monitor gang members and other at-
risk youth in the community and to carry out the following activities,
with respect to such members and youth:
(1) Patrol organization strategy.--Such individuals and
entities shall develop and carry out a patrol organization
strategy, including the assignment of local law enforcement
officers of the community to specific areas of the community to
become familiar with such area, criminal activity involved in
such area, and develop approaches to reduce violent crime in
such area in cooperation with residents of the area.
(2) At-risk youth visits.--Probation officers shall select
gang members and at-risk youth for such officers to visit,
based on whether or not such member or youth has defaulted on
the terms of the member or youth's probation or parole, and
shall visit such members and youth on a rotational basis.
(3) Unannounced visits.--Probation officers and local law
enforcement officers shall make unannounced visits to homes,
schools, and workplaces of gang members and other at-risk youth
to ensure that such youths are complying with the terms of
their probation or parole, including curfews, geographical
restrictions, and restricted associations, as applicable.
(4) Enforcement of probation and parole terms.--Such
officers shall enforce all terms of the probation or parole of
each identified gang member and other at-risk youth.
(5) Community outreach training.--A representative from the
National Organization of Black Law Enforcement Executives (or
similar certified entity) shall train such officers in
community outreach and appropriate sensitivity training in
order to enhance cooperation and collaboration between such
officers and the community.
(6) Community outreach.--Such officers shall conduct
outreach to residents of the community to identify and address
neighborhood concerns. To further such purposes, such officers
shall attempt to meet with members of the community in a
nonconfrontational, courteous, and professional manner in
accordance with community law enforcement roles, to establish
good relations with members of the community.
(7) Information about services availability.--Such officers
shall inform members of the community of the services
coordinated by or provided for by the Communities in Action
Center of the community that are available to gang members and
other at-risk youth and their families, including substance
abuse prevention and treatment services, mental health and
psychological counseling services, job training services, and
educational and recreational opportunities.
(b) At-Risk Youth Defined.--For purposes of this Act, the term
``at-risk youth'' means teens and other youth who are exposed to high
levels of crime, sex, drug abuse, gangs, or other risky behavior in
daily reactions with their family, their school, or communities in high
crime areas.
SEC. 7. CAN DO STREET MENTORING PROGRAM.
(a) In General.--Each community that receives a grant under section
3(a) shall establish and maintain a CAN DO Street Mentoring Program
(referred to in this section as the ``Street Mentoring Program'') under
which members of the community shall serve as street mentors who act as
liaisons between the law enforcement agencies of the community and
other appropriate entities and the members of the community who are
gang members or other at-risk youth (as defined in section 6(b)), in
accordance with this section.
(b) Location and Availability of Street Mentoring Program
Services.--Services provided through the Street Mentoring Program of a
community shall be carried out at a Street Mentoring Program center
that is centrally located in the community. Such services may also be
made available through schools, churches, community agencies, local
colleges and universities. Services provided at such center shall be
provided in such a manner that staff members will be available 24 hours
a day to conduct gang and youth outreach.
(c) Street Mentors.--
(1) Eligibility.--Street mentors shall be members of the
community involved who are at least 18 years of age and not
more than 55 years of age.
(2) Duties.--Street mentors, with respect to a community,
shall perform the following duties:
(A) Work closely with gang members in the community
to mediate disputes and gang truces in schools and
throughout the community.
(B) Assist gang members and their families to gain
access to social services available in the community,
especially such services made available by the
Communities in Action Center of the community.
(C) Be assigned to active street mentoring cases.
(D) Work closely with the local law enforcement
agencies, probation agencies, clergy, courts, schools,
and health and mental health agencies and providers.
(E) Provide a critical non-traditional community
outreach approach to help reduce crime.
(F) Invite gang members in the community to
meetings described in section 5(a)(3) with Federal,
State, and local law enforcement agencies.
(G) Inform gang members in the community of the
consequences of continued violence.
(H) Refer at-risk youth and their families to the
CAN DO Center established under section 4(a), or
directly to the appropriate service administered by
such center, as appropriate, to receive information
about and access to drug prevention and treatment
services, mental health and psychological services, job
training and employment services, and educational and
recreational opportunities provided by the CAN DO
Services Providers Network under section 8.
(I) Provide training for the Strategy Group under
section 5 on ways to develop effective relationships
with at-risk youth and gangs.
SEC. 8. CAN DO SERVICES PROVIDERS NETWORK.
(a) In General.--Each community that receives a grant under section
3(a) shall establish and maintain a CAN DO Services Providers Network
(in this section referred to as the ``Providers Network'' that provides
the community with the mental health services network under subsection
(b), the summer of opportunity job training and placement program under
subsection (c), and the educational and recreational alternatives to
violence program under subsection (d). The central location for
information about access to services and programs provided for by the
Providers Network shall be the CAN DO Center for the community
established under section 4(a).
(b) Mental Health Services Network.--
(1) In general.--The mental health services network under
this subsection is a comprehensive network of mental health
prevention and intervention services and family support
services to improve and expand the access of gang members and
other at-risk youth (as defined in section 6(b)) and the
families of such members and youth who reside in the community
to such services, which shall include the services and programs
described in paragraph (2). The CAN DO Program Board of the
community, established under section 4(c), shall enter into
agreements with local educational agencies, institutes of
higher education, community-based centers, State agencies,
faith-based organizations, and private nonprofit mental health,
mentoring, and psychological counseling agencies, as
appropriate, to coordinate and provide such services and
programs.
(2) Services and programs.--The services and programs
described in this paragraph, with respect to a community,
include the following:
(A) Community outreach and education to inform the
community about the availability of services and
activities under this subsection.
(B) Training and professional development services
for law enforcement personnel, educational personnel,
and other appropriate personnel who work with at-risk
youth.
(C) Family and community programs to prevent and
reduce the participation of juveniles in gangs.
(D) Treatment programs for gang members and other
at-risk youth who are victims of child abuse or neglect
and for the families of such youth.
(E) Mentoring programs for gang members and other
at-risk youth.
(F) Mental health services that are available 24-
hours a day and 7 days a week to gang members and at-
risk youth in the community.
(G) Community outreach and education about the
programs available under the CAN DO Services Providers
Network for gang members and other at-risk youth and
their families.
(H) Family-based, school-based, and community-based
anti-violence and anti-drug programs to educate youth
and their families about the dangers of violence and
drugs.
(I) Drug treatment programs and demonstration
programs to reduce the use of alcohol and other drugs.
(J) Partnerships between the CAN DO Program Board
and local educational agencies to improve school-based
mental health promotion, prevention, and intervention
services and to hire student service providers as
needed, including school counselors, school
psychologists, or other qualified psychologists, child
or adolescent psychiatrists, and school social workers
insofar as such additional personnel are to support the
goal of increasing the availability of mental health
services in the school involved.
(K) A peer support counseling program.
(L) Partnerships between a State, county, or local
mental health authority and one or more local public or
private entities to provide violence-prevention
education, mentoring, counseling, and mental health
services to gang members and other at-risk youth in the
community.
(M) Community-based efforts to coordinate
educational, developmental, family, health, and other
comprehensive services through community-based
organizations and public and private partnerships.
(N) Partnerships between the CAN DO Program Board
and psychology departments that can provide promotion,
prevention, and intervention services related to the
reduction of community gun violence, including through
doctoral training programs.
(3) Funding.--Of the amount provided under section 3(d)(2)
to a community for a year, at least $500,000 for such year
shall be used for purposes of carrying out this subsection.
(c) Summer of Opportunity Job Training and Placement Program.--The
summer of opportunity job training and placement program under this
subsection is a program, with respect to a community that receives a
grant under section 3(a), under which the CAN DO Program Board of the
community, established under section 4(c) shall--
(1) implement a program that will be available to youth in
the community any time after school, on the weekend, or during
the summer, which will pay such youth stipends in exchange for
working in community-based jobs to improve the community as an
alternative to participating in gang activities, drug
activities, and violence;
(2) create a community office of public works and jobs in
partnership, as appropriate, with faith-based organizations,
schools, local businesses and corporations, neighborhood
programs, local colleges and universities, and other community-
based organizations in order to assist individuals in the
community to find community-based employment or entry level
jobs, including jobs in tutoring, mentoring, jobs in renewal
energy, neighborhood beautification, community gardening, tree
planting, cleaning vacant properties and lots, community
service, construction, entry level local government jobs,
typing, filing, answering telephones, and data entry;
(3) enter into agreements with local businesses and
corporations to offer job training, internships,
apprenticeships, and employment opportunities to individuals in
the community; and
(4) enter into agreements with State and local agencies,
faith-based organizations, community-based agencies, schools,
and local colleges to offer offender reintegration projects and
employment programs for gang members and other at-risk youth to
reduce recidivism and promote long-term employability.
(d) Educational and Recreational Alternatives to Violence
Program.--The educational and recreational alternatives to violence
program under this subsection, with respect to a community that
receives a grant under section 3(a), is a program that provides year-
round after-school and weekend educational and recreational activities,
either at or through the CAN DO Center for the community established
under section 4(a), for youth in the community through partnerships
with local government agencies, churches and faith-based organizations,
schools, local colleges and universities, museums, galleries, and
community-based organizations, as applicable. Such educational and
recreational services shall include as many of the following, as
practicable, for members of the community:
(1) Parenting education classes.
(2) Mentoring and tutoring programs.
(3) General Education Development (GED) testing tutoring
programs.
(4) Computer rooms to provide access to computers for
members of the community.
(5) College counseling and tours.
(6) Organized youth sports leagues.
(7) Martial arts and self defense classes.
(8) Nutrition programs.
(9) Music and dance classes.
(10) Art and theater programs.
(11) Field trips to local businesses and corporations,
museums, galleries, and other recreational locations.
SEC. 9. EVALUATION AND REPORT.
Not later than 60 days after the last day of the 5-year grant
program established under section 3(a), the Attorney General shall
submit to Congress a report on the grant program that includes an
evaluation of the effectiveness of each of the pilot programs conducted
under such grant program in reducing gun violence in the community and
recommendations for improving the program and whether or not to
continue or expand the program. Such report shall include, for each
community that received a grant under the grant program, a comparison
of the average rate of occurrence of gun homicides for such community
during the 5-year period immediately before the receipt of such grant
and the average rate of such occurrence for such community during the
5-year period of the grant program.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act
$10,000,000 for each of the fiscal years 2009 through 2013.
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