Title 42
State Affairs and Government

Chapter 96
Neighborhood Crime Prevention Act

§ 42-96-3. Contracts with organizations.

(a) The director may enter into contracts on behalf of the commission, either on the director’s own initiative, or upon application of an organization or the municipality having jurisdiction over the organization, for the performance of organization activities. The contracts shall be entered into, however, only after appropriate findings by the director, subject to the limitations set forth. Preference shall be given to those organizations, which represent high crime areas.

(b) Prior to entering into, renewing, extending, or replacing a contract with an organization, the director shall have made a finding that the organization which proposes to contract with the director is a bona fide organization which shall have been in existence for at least one full year within a three (3) year period immediately prior to application for funding. Its existence shall have been as a corporation or an unincorporated, organized group, which has demonstrated by its activities that it has the ability to establish and maintain tenant-lobby, street-foot patrols, or auto patrols or other approved activities in the proposed neighborhood. The director shall also find that the activities proposed are needed by the neighborhood and that the proposed activities utilize resident involvement to the fullest extent possible. A finding shall also be made as to the ability of the organization to acquire or gain access to the requisite staff, office facilities, and expertise to enable it to perform the activities, which it proposes to undertake pursuant to the contract.

(c)(1) In determining whether to enter into, renew, extend, or replace a contract with an organization pursuant to this chapter, the director shall investigate, to the extent deemed necessary or appropriate, and establish that:

(A) The geographic boundaries proposed by the applicant for a contract define a recognized or established neighborhood or area within the municipality;

(B) The activities proposed by the organization are reasonably calculated to have a generally positive effect on the prevention of crime and on the reduction of the fear of crime within the neighborhood and are designed to provide additional and particular focus when necessary to address the needs of senior citizens with respect thereto;

(C) The presence of the organization within the neighborhood has not resulted in and will not result in a decrease in the crime prevention activities performed by existing police agencies in the neighborhood;

(D) The organization has coordinated and will continue to coordinate its activities with existing police agencies;

(E) The organization’s officers, directors and members represent the residents and the legitimate interests of the neighborhood, and they will carry out a contract in a responsible manner;

(F) A majority of the directors of the organization are residents of the neighborhood;

(G) The plan submitted by the organization demonstrates that the organization will recruit and utilize neighborhood volunteers and will, to the extent possible, acquire loaned or donated equipment for the performance of its activities;

(H) The director shall also find that the plan submitted by the organization demonstrates that the organization, when hiring employees, will give priority, to the extent possible, to residents of the neighborhood who are either unemployed or not fully employed.

(2) Nothing contained within the contract shall impose liability upon the commission or the community for injury incurred during the performance of any approved activities.

(d) Contracts entered into under this chapter with organizations shall be limited in duration to periods of one year, but may thereafter be renewed, extended, or succeeded by new contracts from year to year in the discretion of the director. Each organization shall also define with particularity the neighborhood or portion thereof within which the organization’s activities shall be performed under the contract. The contract shall also set forth the organization’s obligations to provide training in approved crime prevention techniques, and in community relations, to those who shall perform crime prevention activities for the organization.

(e) Every contract shall provide that the organization maintain books, records, and accounts deemed appropriate and open to review by the director and that the accounts shall be currently maintained in conformance with generally accepted accounting principles and practices.

(f) Nothing within this chapter shall preclude a municipality from applying to or contracting with the commission on behalf of qualifying auxiliary police services.