HB833: Group violence intervention; definition, Operation Ceasefire Grant Fund created.


HOUSE BILL NO. 833
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Senate Committee on Finance and Appropriations
on March 3, 2022)
(Patron Prior to Substitute--Delegate Wilt)
A BILL to amend the Code of Virginia by adding in Chapter 1 of Title 9.1 an article numbered 17, consisting of sections numbered 9.1-194 and 9.1-195, and to repeal § 9.1-116.6 of the Code of Virginia, relating to the Virginia Center for Firearm Violence Intervention and Prevention; Virginia Firearm Violence Intervention and Prevention Fund; creation.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Chapter 1 of Title 9.1 an article numbered 17, consisting of sections numbered 9.1-194 and 9.1-195, as follows:

Article 17.
Virginia Center for Firearm Violence Intervention and Prevention.

§ 9.1-194. Virginia Center for Firearm Violence Intervention and Prevention created; duties.

A. From such funds as may be appropriated, the Virginia Center for Firearm Violence Intervention and Prevention (the Center) is hereby established within the Department. The Center shall:

1. Serve as the Commonwealth's primary resource for research, best practices, and strategies for the implementation of firearm violence intervention, community-based intervention, and group violence intervention programs designed to reduce violence in communities;

2. Operate a statewide gun violence intervention and prevention research center. The Center shall serve as the Commonwealth's clearinghouse for data regarding firearm violence and firearm violence intervention and prevention programs collected by state and local agencies and shall maintain an integrated information system containing data, research, and statistical information regarding firearm violence in the Commonwealth;

3. Facilitate sharing of data regarding firearm violence and firearm violence intervention and prevention programs among state and local agencies, including local health departments, institutions of higher education, research institutions, hospitals and other medical care facilities, community-based organizations, and law-enforcement agencies;

4. In conjunction with the Department of Health, Department of Social Services, Department of Behavioral Health and Developmental Services, Department of Education, and Department of Veterans Services, work to enhance programs and strategies designed to address firearm violence, including programs that focus on the prevention of suicide or domestic violence in the populations served by such departments;

5. Facilitate coordination between state agencies, localities, and community-based organizations to develop comprehensive practices for addressing firearm violence and implementing firearm violence intervention and prevention programs;

6. Develop and publish best practices for establishing firearm violence intervention and prevention programs, including street outreach, hospital-based violence intervention, community-based violence intervention, and group violence intervention programs;

7. Provide technical assistance to localities and community-based organizations to support the establishment of firearm violence intervention and prevention programs, including technical assistance on capacity building, obtaining grant funding, and collecting data;

8. Administer the Virginia Firearm Violence Intervention and Prevention Fund established pursuant to § 9.1-195 and provide grants from the Fund to agencies of local government, community-based organizations, and hospitals for the purpose of supporting implementation of evidence-informed firearm violence intervention and prevention efforts;

9. Evaluate state and community-based violence intervention programs and policies that receive funding through the Center;

10. Produce reports and provide analysis and interpretation of statistical information regarding firearm violence, including information on firearm trafficking, crimes involving firearms, mass shootings, suicides, and fatal and nonfatal firearm injuries;

11. Establish training standards and publish and periodically update model policies for law-enforcement personnel containing best practices for (i) the service and execution of substantial risk orders and protective orders, (ii) the processes for obtaining a firearm from an individual prohibited from possessing a firearm, and (iii) addressing the different types of firearm violence, including unintentional injuries, mass shootings, domestic violence, suicides, homicides, and community violence; and

12. Apply for and accept grants from the United States government or any other source in carrying out the purposes of this article and accept any and all donations, both real and personal, and grants of money from any governmental unit or public agency, or from any institution, person, firm, or corporation, and may receive, utilize, and dispose of the same. Any moneys received pursuant to this section shall be deposited in the state treasury to the account of the Department.

B. The Center may require and shall receive from every department, division, board, bureau, commission, authority, or other agency created by the Commonwealth, or to which the Commonwealth is a party or any political subdivision thereof, cooperation and assistance in the performance of its duties. The Center may also consult and exchange information with local government agencies and interested stakeholders, institutions of higher education, research institutions, hospitals and other medical care facilities, and community-based organizations.

C. The Center shall report annually on or before October 1 to the Governor and the General Assembly. The report shall include a summary of activities for the year and any recommendations to address firearm violence within the Commonwealth. The Department shall ensure that such report is available to the public.

§ 9.1-195. Virginia Firearm Violence Intervention and Prevention Fund; purpose; guidelines.

A. There is hereby created in the state treasury a special nonreverting fund to be known as the Virginia Firearm Violence Intervention and Prevention Fund (the Fund). The Fund shall be established on the books of the Comptroller. All moneys accruing to the Fund, including funds appropriated for such purpose and any gifts, donations, grants, bequests, and other funds received on its behalf, shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used for the purpose of supporting gun violence intervention and prevention programs. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Director of the Department.

B. The Fund shall be administered by the Department, and the Department shall adopt guidelines to make funds available to local government agencies, community-based organizations, and hospitals for the purpose of supporting implementation of evidence-informed gun violence intervention and prevention efforts, including street outreach, hospital-based violence intervention, and group violence intervention programs.

C. The Department shall establish a grant procedure to govern funds awarded for this purpose.

2. That § 9.1-116.6 of the Code of Virginia is repealed.


HOUSE BILL NO. 833
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee on Public Safety
on January 28, 2022)
(Patron Prior to Substitute--Delegate Wilt)
A BILL to amend the Code of Virginia by adding in Chapter 5 of Title 2.2 an article numbered 5, consisting of sections numbered 2.2-525 and 2.2-526, relating to group violence intervention; establishment of Operation Ceasefire Grant Fund.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Chapter 5 of Title 2.2 an article numbered 5, consisting of sections numbered 2.2-525 and 2.2-526, as follows:

Article 5.
Group Violence Intervention.

§ 2.2-525. "Group violence intervention" defined.

As used in this article, "group violence intervention" means comprehensive law-enforcement, prosecutorial, and community-based initiatives, substantially similar to Operation Ceasefire as implemented in Boston, Massachusetts, and the Gang Reduction Programs implemented in Richmond and Los Angeles, California. These programs are documented by the Department of Justice and are carried out by a partnership between members of law enforcement, members of the community, and social services providers and that are designed to (i) reduce violence and homicide, (ii) minimize harm to communities through deterrence and enforcement, and (iii) foster stronger relationships between members of law enforcement and the communities they serve.

§ 2.2-526. Operation Ceasefire Grant Fund.

A. There is hereby created in the state treasury a special nonreverting fund to be known as the Operation Ceasefire Grant Fund (the Fund) and managed by the Office of the Attorney General. The Fund shall be established on the books of the Comptroller. All moneys appropriated by the General Assembly for the Fund, and from any other sources, public or private, shall be paid into the state treasury and be credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Expenditures and disbursements from the Fund shall be made to the State Treasurer on warrants issued by the Comptroller upon written request of the Attorney General.

B. Moneys in the Fund shall be used solely for the purposes of implementing violent crime reduction strategies, providing training for law-enforcement officers and prosecutors, providing equipment for law-enforcement agencies, and awarding grants to organizations such as state and local law-enforcement agencies, local attorneys for the Commonwealth, localities, social services providers, and nonprofit organizations that are engaged in group violence intervention efforts.

C. The Office of the Attorney General shall establish an application process for awarding grants from the Fund, including criteria and procedures for determining the amount of a grant. The provisions of the Virginia Procurement Act (§ 2.2-4300 et seq.) shall not apply to expenditures from the Fund.

HOUSE BILL NO. 833

Offered January 12, 2022
Prefiled January 12, 2022
A BILL to amend the Code of Virginia by adding in Chapter 24 of Title 2.2 an article numbered 31, consisting of sections numbered 2.2-2499.9 and 2.2-2499.10, and by adding in Chapter 1 of Title 9.1 an article numbered 17, consisting of sections numbered 9.1-194 through 9.1-198, relating to group violence intervention programs.
Patron-- Wilt

Committee Referral Pending

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Chapter 24 of Title 2.2 an article numbered 31, consisting of sections numbered 2.2-2499.9 and 2.2-2499.10, and by adding in Chapter 1 of Title 9.1 an article numbered 17, consisting of sections numbered 9.1-194 through 9.1-198, as follows:

Article 31.
Group Violence Intervention Board.

§ 2.2-2499.9. Group Violence Intervention Board; purpose; membership; terms; compensation and expenses; staff.

A. The Group Violence Intervention Board (the Board) is established as a policy board, within the meaning of § 2.2-2100, in the executive branch of state government. The purpose of the Board is to coordinate and assist in federal, state, and local group violence intervention efforts.

B. The Board shall consist of five nonlegislative citizen members appointed as follows: one member to be appointed by the Speaker of the House of Delegates; one member to be appointed by the Senate Committee on Rules; and three members to be appointed by the Governor and subject to confirmation by the General Assembly, of whom one shall be appointed upon consideration of a list of three persons provided to the Governor by the Virginia Sheriffs' Association, if any, and one shall be appointed upon consideration of a list of three persons provided to the Governor by the Virginia Association of Chiefs of Police, if any. Nonlegislative citizen members of the Board shall be citizens of the Commonwealth.

The United States Attorney for the Eastern District of Virginia and the United States Attorney for the Western District of Virginia, or their designees, may be requested by the Board to serve as ex officio members with nonvoting privileges.

C. After the initial staggering of terms, nonlegislative citizen members shall be appointed for a term of four years. No nonlegislative citizen member shall serve more than two consecutive four-year terms. Appointments to fill vacancies, other than by expiration of a term, shall be for the unexpired terms. Vacancies shall be filled in the same manner as the original appointments. The remainder of any term to which a member is appointed to fill a vacancy shall not constitute a term in determining the member's eligibility for reappointment.

D. The Board shall elect a chairman and vice-chairman and may elect such other officers as the Board deems proper from among its membership. The Board shall meet quarterly or upon the call of the chairman. A majority of the members of the Board shall constitute a quorum.

E. Any decision of the Board shall require an affirmative vote of a majority of the members of the Board.

F. Members shall receive compensation for the performance of their duties as provided in § 2.2-2813. All members shall be reimbursed for all reasonable and necessary expenses incurred in the performance of their duties as provided in §§ 2.2-2813 and 2.2-2825. Funding for the costs of compensation and expenses of the members shall be provided by the Department of Criminal Justice Services.

G. The Department of Criminal Justice Services shall provide staff support to the Board. All agencies of the Commonwealth shall provide assistance to the Board, upon request.

§ 2.2-2499.10. Powers and duties of the Board.

The Board shall have the power and duty to:

1. Apply for, receive, and issue grants from the federal Project Safe Neighborhoods Block Grant Program, P.L. 115-185 (2018);

2. Establish guidelines for the issuance of grants from the Project Ceasefire Grant Fund pursuant to § 9.1-197 and the Project Exit Grant Fund pursuant to § 9.1-198;

3. Establish a liaison with federal law-enforcement authorities for the purposes of sharing information and coordinating group violence intervention efforts being undertaken at the federal, state, and local levels;

4. Submit an annual report to the Governor and the General Assembly for publication as a report document as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports. The chairman of the Board shall submit to the Governor and the General Assembly an annual executive summary of the interim activity and work of the Board no later than the first day of each regular session of the General Assembly. The executive summary shall be submitted for publication as a report document as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and shall be posted on the General Assembly's website; and

5. Perform such other acts as may be necessary for the effective performance of its duties.

Article 17.
Division of Group Violence Intervention.

§ 9.1-194. "Group violence intervention" defined.

As used in this article, "group violence intervention" means comprehensive community-based initiatives, substantially similar to Operation Ceasefire as implemented in Boston, Massachusetts, and documented by the National Institute of Justice, that are carried out by a partnership consisting of members of law enforcement, community members, and social services providers and that are designed to reduce street group-involved violence and homicide, minimize harm to communities by replacing enforcement with deterrence where possible, and foster stronger relationships between members of law enforcement and the communities they serve.

§ 9.1-195. Division of Group Violence Intervention; Executive Director; duties.

A. The Division of Group Violence Intervention (the Division) is hereby established within the Department.

B. The Division shall be headed by an Executive Director who shall be appointed by and serve at the pleasure of the Director of the Department. The Executive Director shall have the following general powers:

1. To employ personnel and assistance necessary for the operation of the Division and the purposes of this article;

2. To make and enter into all contracts and agreements necessary or incidental to the performance of the duties of the Division and the execution of its powers under this article, including contracts with the United States, other states, and agencies and governmental subdivisions of the Commonwealth;

3. To accept grants from the United States government and agencies and instrumentalities thereof and any other source. To these ends, the Division shall have the power to comply with such conditions and execute such agreements as may be necessary, convenient, or desirable; and

4. To do all acts necessary or convenient to carry out the purposes of this article.

C. The Executive Director shall employ at least one research analyst with expertise in group violence intervention.

§ 9.1-196. Powers and duties.

The Division shall have the following powers and duties:

1. Organize, supervise, and perform functions consistent with this article;

2. Coordinate the efforts of state and local law-enforcement agencies, community members, and social services providers to combat group violence;

3. Serve as a clearinghouse for research, best practices, and strategies that may be utilized in the implementation, execution, and evaluation of group violence interventions;

4. Implement Project Safe Neighborhoods grant programs authorized by the Group Violence Intervention Board pursuant to § 2.2-2499.10;

5. Administer the Project Ceasefire Grant Fund pursuant to § 9.1-197;

6. Administer the Project Exit Grant Fund pursuant to § 9.1-198; and

7. Perform such other acts as may be necessary for the effective performance of its duties.

§ 9.1-197. Project Ceasefire Grant Fund.

A. There is hereby created in the state treasury a special nonreverting fund to be known as the Project Ceasefire Grant Fund, referred to in this section as "the Fund." The Fund shall be established on the books of the Comptroller. All moneys appropriated by the General Assembly for the Fund, and from any other sources, public or private, shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Executive Director of the Division.

B. Moneys in the Fund shall be used solely for the purposes of awarding grants on a competitive basis to organizations such as state and local law-enforcement agencies, local attorneys for the Commonwealth, localities, social services providers, and nonprofit organizations that are engaged in group violence intervention efforts that are substantially similar to Operation Ceasefire as implemented in Boston, Massachusetts, and documented by the National Institute of Justice.

C. The Division shall establish an application process and criteria for awarding grants from the Fund, including procedures for determining the amount of a grant.

D. No more than 90 percent of moneys in the Fund shall be awarded or allocated in any fiscal year.

§ 9.1-198. Project Exit Grant Fund.

A. There is hereby created in the state treasury a special nonreverting fund to be known as the Project Exit Grant Fund, referred to in this section as "the Fund." The Fund shall be established on the books of the Comptroller. All moneys appropriated by the General Assembly for the Fund, and from any other sources, public or private, shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Executive Director of the Division.

B. Moneys in the Fund shall be used solely for the purposes of awarding grants to localities, social services providers, or nonprofit organizations that assist former gang members or individuals attempting to leave gangs with mentoring services, employment opportunities, job training, educational opportunities such as GED classes or vocational training, housing assistance, tattoo removal, or any other services approved by the Division.

C. The Division shall establish an application process and criteria for awarding grants from the Fund, including procedures for determining the amount of a grant.

D. No more than 90 percent of moneys in the Fund shall be awarded or allocated in any fiscal year.

2. That the initial appointments of nonlegislative citizen members to the Group Violence Intervention Board shall be staggered as follows: one member appointed by the Speaker of the House of Delegates and one member appointed by the Governor for a term of two years; one member appointed by the Senate Committee on Rules and one member appointed by the Governor for a term of three years; and one member appointed by the Governor for a term of four years.

3. That the Group Violence Intervention Board shall take whatever actions necessary to obtain certification as the sole fiscal agent of the Commonwealth of Virginia for the U.S. Department of Justice's Project Safe Neighborhoods Block Grant Program and its successors.