HOUSE BILL No. 4284 February 20, 2001, Introduced by Reps. Garza, Kolb, Schermesser, Daniels, Hale, Bernero, Jacobs, Thomas, Clark, Clarke, Rison, Wojno and Lemmons and referred to the Committee on Criminal Justice. A bill to create the juvenile gang board; to prescribe the powers and duties of the board; to create the juvenile gang fund; and to provide for the distribution of money from the juvenile gang fund. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 1. This act shall be known and may be cited as the 2 "juvenile gang act". 3 Sec. 2. (1) The juvenile gang board is created in the 4 department of attorney general. The juvenile gang board shall 5 consist of the following members: 6 (a) The attorney general or his or her representative. 7 (b) The director of the department of state police or his or 8 her representative. 9 (c) The director of the department of community health or 10 his or her representative. 01024'01 TVD 2 1 (d) The director of the family independence agency or his or 2 her representative. 3 (e) Two individuals 21 years of age or older appointed by 4 the governor, with the advice and consent of the senate, repre- 5 senting the interests of the public. 6 (f) One individual less than 21 years of age appointed by 7 the governor, with the advice and consent of the senate, repre- 8 senting the interests of the public. 9 (g) One individual appointed by the governor, with the 10 advice and consent of the senate, who is a police officer who 11 performs patrol or investigative functions and who is not a 12 supervisor. 13 (h) One individual appointed by the governor, with the 14 advice and consent of the senate, representing the interests of 15 alternative education professionals. 16 (i) One individual appointed by the governor, with the 17 advice and consent of the senate, representing the interests of 18 the Michigan probate judges association. 19 (j) One individual appointed by the governor, with the 20 advice and consent of the senate, representing the interests of 21 the Michigan council on crime and delinquency. 22 (k) One individual appointed by the governor, with the 23 advice and consent of the senate, representing the interests of 24 the university of Michigan center for the study of youth policy. 25 (l) One individual appointed by the governor, with the 26 advice and consent of the senate, representing the interests of 27 the boys and girls clubs of America--midwest region. 01024'01 3 1 (m) One individual appointed by the governor, with the 2 advice and consent of the senate, who is a county prosecuting 3 attorney. 4 (n) One individual appointed by the president or chairperson 5 of the Detroit urban league. 6 (o) One individual appointed by the president or chairperson 7 of the Detroit national association for the advancement of col- 8 ored people. 9 (p) One individual appointed by the president or chairperson 10 of the wolverine bar association. 11 (q) The chief judge of the juvenile division of Wayne county 12 probate court. 13 (2) The individuals described in subsection (1)(e) to (p) 14 shall be appointed within 30 days after the effective date of 15 this act. Their terms of office are 2 years. A vacancy shall be 16 filled in the same manner as an original appointment. The gover- 17 nor may remove the individuals appointed under subsection (1)(e) 18 to (p) from the juvenile gang board for good cause. 19 (3) The attorney general or his or her representative shall 20 chair the juvenile gang board. The juvenile gang board may elect 21 from its members other officers as it considers necessary or 22 appropriate. 23 (4) The juvenile gang board shall conduct its first meeting 24 within 60 days after the effective date of this act. A majority 25 of the members constitutes a quorum for transacting business. 26 (5) The business of the juvenile gang board shall be 27 conducted at public meetings of the juvenile gang board. The 01024'01 4 1 meetings shall be held in compliance with the open meetings act, 2 1976 PA 267, MCL 15.261 to 15.275. 3 (6) A writing prepared, owned, used, in possession of, or 4 retained by the juvenile gang board is subject to the freedom of 5 information act, 1976 PA 442, MCL 15.231 to 15.246. 6 (7) Members of the juvenile gang board shall serve without 7 compensation. However, members of the juvenile gang board may be 8 reimbursed for their actual and necessary expenses in performing 9 their official duties as members of the juvenile gang board. 10 (8) The juvenile gang board shall be funded as provided by 11 appropriation. 12 Sec. 3. The juvenile gang board shall do all of the 13 following: 14 (a) Collect data regarding the incidence of juvenile gang 15 violence in this state. 16 (b) Investigate the causes of juvenile gang violence in this 17 state and determine whether programs exist or can be developed to 18 address those causes. 19 (c) Determine whether funding sources other than the juve- 20 nile gang fund exist to support public and private efforts to 21 address juvenile gang violence and notify public and private 22 entities that inquire about the availability of those funds. 23 (d) Solicit funds from public and private entities for con- 24 tribution to the juvenile gang fund. 25 (e) Accept applications from public and private entities for 26 funding programs to address juvenile gang violence in this 27 state. 01024'01 5 1 (f) Distribute money from the juvenile gang fund to entities 2 that qualify as provided under section 6. 3 (g) Before January 1 of each year, provide a written report 4 of its activities and findings to the governor, the secretary of 5 the senate, and the clerk of the house of representatives. 6 Sec. 4. (1) The juvenile gang fund is created as a separate 7 fund in the state treasury. The state treasurer shall credit to 8 the fund all amounts received pursuant to this act. The state 9 treasurer shall invest fund money in the same manner as surplus 10 funds are invested under section 3 of 1855 PA 105, MCL 21.143. 11 Earnings from the fund shall be credited to the fund. 12 (2) The fund shall be expended only as provided in this 13 act. 14 Sec. 5. A public or private entity may apply to the juve- 15 nile gang board for funds to operate 1 or more programs that 16 address juvenile gang violence in this state. The application 17 shall be on a form prescribed by the juvenile gang board. 18 Sec. 6. The juvenile gang board may direct the state trea- 19 surer in writing to disburse funds from the juvenile gang fund, 20 in the form of grants or loans to entities that properly apply 21 under section 5 to receive those funds, as is determined appro- 22 priate by the juvenile gang board. In determining whether to 23 disburse funds pursuant to this section, the juvenile gang board 24 shall consider all of the following: 25 (a) Whether the program will effectively address a cause of 26 juvenile gang violence. 01024'01 6 1 (b) Whether the entity that is applying for the funds can 2 effectively carry out the program. 3 (c) Whether other programs exist or can be created that also 4 address or will more effectively address the cause of juvenile 5 gang violence set forth in subdivision (a). 6 (d) The likelihood of success of the program. 7 (e) Other criteria considered relevant by the juvenile gang 8 board. 9 Sec. 7. This act takes effect October 1, 2001. 01024'01 Final page. TVD