§ 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 that 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-year (3) 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:
(i) The geographic boundaries proposed by the applicant for a contract define a recognized
or established neighborhood or area within the municipality;
(ii) 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;
(iii) 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;
(iv) The organization has coordinated and will continue to coordinate its activities with
existing police agencies;
(v) 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;
(vi) A majority of the directors of the organization are residents of the neighborhood;
(vii) 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;
(viii) 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.