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Managing America: Crime

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Week Ending September 21, 2007

S.456 A bill to increase and enhance law enforcement resources committed to investigation and prosecution of violent gangs, to deter and punish violent gang crime, to protect law-abiding citizens and communities from violent criminals, to revise and enhance criminal penalties for violent crimes, to expand and improve gang prevention programs, and for other purposes.

The Federal criminal code is amended in this bill to take a stronger stand on the deterrence and prosecution of violent gangs in the US. The bill is in response to data indicating that murder is up 10.21%, robberies are up 12.27% and aggravated assaults are up 9.98 % since 2004. The increases are seen attributable in part to the spread of street gangs.

‘Criminal street gang’ is defined as a formal or informal group, organization or association of 5 or more individuals each of whom has committed at least one gang crime, who collectively commit three or more gang crimes-of which no less than one is a violent felony-in separate criminal episodes. ‘Gang crime’ means an offense punishable by imprisonment for more than a year, a felony or other offense punishable with 15 years or more that involved the use or attempted use or threatened use of physical force against a person or burglary, arson, kidnapping or extortion. Also under the definition is obstruction of justice, or witness, victim or informant tampering, the manufacturing, importing, distribution or other trafficking in controlled substances and offenses in relation to explosives, dangerous weapons, body armor, racketeering and other crimes including interruption of and illegal use of interstate commerce.

Penalties range to 30 years in prison.

It is also made illegal to “recruit, employ, solicit, induce, command, coerce, or cause another person to be or remain as a member of a criminal street gang.” The offense carries ten years in jail.

A statute of limitations is set at ten years.

Depending on the circumstance possession of a handgun by a dangerous felon will range to 20 years imprisonment to life.

The Attorney General is authorized to conduct media campaigns in any area designated as a high intensity gang activity area and any area with existing and emerging problems with gangs, as needed, to educate individuals in that area about the changes in criminal penalties made by this Act.

State Attorney Generals can define an area as a high intensity interstate gang activity area based on current and predicted levels of gang activity, the relationship of gang activity to violent crime in the area and an assessment of the state and local resources abilities to respond to the problem.

Federal assistance will be made available to establish criminal gang enforcement teams consisting of Federal, State, Tribal and local law enforcement, educational and faith leaders and youth service providers experienced in reaching out to gang members. An evaluation team will assess data and recommend adjustments to the effort and assure accountability.

At the Federal level, the team will include members of the FBI, DEA, Homeland Security, Alcohol, Tobacco, Firearms and Explosives, HUD, Bureau of Indian Affairs and the US Marshal’s Service.

Created is a National Gang Research, Evaluation and Policy Institute that shall promote and facilitate the implementation of data-driven, effective gang violence suppression, prevention, intervention and reentry models; assist jurisdictions by conducting timely research on effective models and strategies, objectives and data aimed at reducing gang violence; and provide technical assistance as needed. The Institute will establish a demonstration area from which to generate information for other areas in the program and will then establish at least one Gang Intervention training academy.

Funding for the entire effort will be broken down to 50% for operation of enforcement teams, 50% shall be used to provide at-risk youth with positive alternatives to gang life, to establish the National Gang Research, Evaluation and Policy Institute and to provide technical assistance.

Grants will aim at preventing gang recruitment, reducing gang involvement through non-violent and constructive community service programs, non-violent resolution skills, employment and legal assistance, family counseling, in-school and after-school gang safety, control, education and resistance procedures, identifying and addressing early childhood risk factors for gang involvement, fostering protective factors that buffer children from gang involvement, developing investigative programs designed to deter gang recruitment, involvement and activities, developing programs and youth centers for first-time offenders such as community service, restitution and counseling, implementing regional approaches to combat gang violence, and home visits to at-risk children.

Each grant may not exceed $1 million.

Grants will support Project Safe Neighborhood, a comprehensive approach to reducing gun violence grant are available to identify, investigate and prosecute significant criminal gangs.

Other grant programs will include funds to the FBI for technical upgrades, mentoring programs, demonstration grants to encourage creative approaches to after school programs, a program to extradite and investigate matter involving family abductions, a national youth anti-heroin media campaign

The US Marshal’s Service is authorized to establish a short-term witness protection program for state witnesses in homicide cases.

A national policy is to be established to intervene and prevent crime. The intent is to establish a commitment by the Federal Government to provide leadership ons successful crime prevention, further the integration of crime prevention and intervention strategies into traditional law enforcement, develop plain language strategies and provide other resources on a national level.

Sponsor:  Sen. Dianne Feinstein (D-CA)

Vote: Passed Senate by Unanimous Consent September 24, 2007

Cost to the taxpayers: $75 million yearly 2008 through 2012 for the regional effort, $35 million yearly through 2012 for the grant program. $20 million yearly through 2012 for Project Safe Neighborhoods. $10 million yearly through 2012 for FBI technical needs.

Earmark Certification:   Not applicable to this bill. $20 million yearly through 2012 to prosecutors to handle backlogged cases.  $4.8 million yearly through 2012 for mentoring programs. Witness protection $90 million yearly through 2010. Family abduction program %500,000 yearly through 2010.

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MORE INFORMATION

Congress finds that--

(1) violent crime and drug trafficking are pervasive problems at the national, State, and local level;

(2) according to recent Federal Bureau of Investigation, Uniform Crime Reports, violent crime in the United States is on the rise, with a 2.3 percent increase in violent crime in 2005 (the largest increase in the United States in 15 years) and an even larger 3.7 percent jump during the first 6 months of 2006, and the Police Executive Research Forum reports that, among jurisdictions providing information, homicides are up 10.21 percent, robberies are up 12.27 percent, and aggravated assaults with firearms are up 9.98 percent since 2004;

(3) these disturbing rises in violent crime are attributable in part to the spread of criminal street gangs and the willingness of gang members to commit acts of violence and drug trafficking offenses;

(4) according to a recent National Drug Threat Assessment, criminal street gangs are responsible for much of the retail distribution of the cocaine, methamphetamine, heroin, and other illegal drugs being distributed in rural and urban communities throughout the United States;

(5) gangs commit acts of violence or drug offenses for numerous motives, such as membership in or loyalty to the gang, for protecting gang territory, and for profit;

(6) gang presence and intimidation, and the organized and repetitive nature of the crimes that gangs and gang members commit, has a pernicious effect on the free flow of interstate commercial activities and directly affects the freedom and security of communities plagued by gang activity, diminishing the value of property, inhibiting the desire of national and multinational corporations to transact business in those communities, and in a variety of ways directly and substantially affecting interstate and foreign commerce;

(7) gangs often recruit and utilize minors to engage in acts of violence and other serious offenses out of a belief that the criminal justice systems are more lenient on juvenile offenders;

(8) gangs often intimidate and threaten witnesses to prevent successful prosecutions;

(9) gangs prey upon and incorporate minors into their ranks, exploiting the fact that adolescents have immature decision-making capacity, therefore, gang activity and recruitment can be reduced and deterred through increased vigilance, appropriate criminal penalties, partnerships between Federal and State and local law enforcement, and proactive prevention and intervention efforts, particularly targeted at juveniles and young adults, prior to and even during gang involvement;

(10) State and local prosecutors and law enforcement officers, in hearings before the Committee on the Judiciary of the Senate and elsewhere, have enlisted the help of Congress in the prevention, investigation, and prosecution of gang crimes and in the protection of witnesses and victims of gang crimes; and

(11) because State and local prosecutors and law enforcement have the expertise, experience, and connection to the community that is needed to assist in combating gang violence, consultation and coordination between Federal, State, and local law enforcement and collaboration with other community agencies is critical to the successful prosecutions of criminal street gangs and reduction of gang problems.

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