Gang bill faces obstacles
Some lawmakers concerned by how `gang' is defined, want more focus on prevention
KIRSTEN VALLE
State lawmakers say they have a new plan to curb gang-related crime, but questions remain about whether the legislation unfairly targets some groups and whether it will be effective.
When the N.C. General Assembly begins its short session next week, debate over crime is expected to reflect concerns in Charlotte, where angry residents have complained that not enough is being done to protect public safety.
"In North Carolina and Mecklenburg County, we are in a crisis," said state Rep. Tricia Cotham, a Democrat. "(Crime) affects all types of people, not one race or socioeconomic status. We need to get a handle on it, so we don't turn into an L.A. or Chicago."
A crime bill, called the Street Gang Prevention Act, defines a "street gang" and makes it illegal to participate.
It sets harsher penalties for gang-related crimes and aims to keep people from joining gangs, with the help of $4.7 million set aside in last year's budget for prevention and intervention programs statewide.
If passed, the legislation could cost up to $40 million of state money to implement, because of expenses, such as extra jail beds and courtrooms, some said.
Though many state and local officials support gang legislation, opponents of the bill have taken issue with the wording in earlier versions, saying definitions of "gang" put fraternities and other social groups at risk of punishment.
Others have complained that it unfairly brands children as criminals, partly because an earlier version extended to offenders as young as 12. It has been revised to apply to those 16 and older.
Still others worry that the bill focuses too much on enforcement and not enough on prevention -- or vice versa.
"We believe that if the state can invest (millions) in gang legislation, they should invest it in intervention and prevention," said Sarah Preston of the American Civil Liberties Union of North Carolina, whose other concerns include the wording and definition of "gang."
Other attempts to create harsher gang laws, including a version of the latest bill a few years ago, have fallen flat because of similar concerns, legislators said.
Strong gang legislation is important, because gangs often go to places where the laws are most lenient, said Sen. Malcolm Graham, a Democrat who introduced the bill.
It would target gang leaders and help keep younger children and teens away from them, he said.
Lloyd Scher, who is running against Cotham in the Democratic primary Tuesday for the N.C. House District 100 seat, said the bill doesn't provide enough money for prevention.
While he agrees that offenders associated with gangs should face a heavier sentence, he said it's up to federal, state and local governments -- as well as schools, libraries and churches -- to keep children out of gangs.
"The bill needs to be torn up and rewritten" to include better, more specific ideas about prevention, Scher said. "To just say, `Oh, the state's got a magic wand and can fix everything' -- it can't."
Democratic Sen. Dan Clodfelter said local officials have to contribute time and money for the legislation to work, but that the bill is a good first step.
"It tries to address all the pieces: prevention, intervention, suppression," he said. "I'm very confident we will pass the legislation this session."
Vince Coscia, a Republican running against Clodfelter this year, said it's up to schools and parents to curb gang activity, and that more laws won't help.
"It's just another thing in the books," he said.
Unrest over crime
Charlotte-Mecklenburg police announced recently that for the first three months of 2008, violent crime jumped 15.3 percent, and property crime grew 11.9 percent, compared with the same period in 2007.The figures prompted about 100 residents to confront the City Council and the city manager to recommend a $2.5 million plan that includes more electronic monitoring devices for repeat offenders and more staff in the Police Department and district attorney's office.
Mecklenburg District Attorney Peter Gilchrist said gang legislation could give prosecutors another tool -- but that few would use it, because it's easier to prosecute theft than prove an offender is in a gang.
"I would say it probably adds a little lace onto what we have," he said. "But the statutes we have probably allow us to deal with most of the underlying crimes."
Prosecutors seek the strongest charges possible in serious crimes, but "I think you'd probably tend to use what we've already got," Gilchrist said.
City council members say they support anti-gang legislation -- and extra local money if needed -- as long as it's done correctly.
"I think the biggest thing is just to make sure it's usable," said councilman Edwin Peacock III, a Republican. "There's all kinds of tough talk, but it's got to be something every sheriff's office and county can use and apply."
As for spending local money, "I feel it's appropriate, but I feel it's unfortunate," given Mecklenburg's large tax base, he said.
Any legislation that combats gang crimes will be helpful, said councilman James Mitchell Jr., a Democrat.
"Nothing is more important than fighting crime," he said. "We can build a NASCAR hall of fame, we can build new retail, but if our communities are not safe, Charlotte is not a great city. We need to step up."
The Street Gang Prevention Act
• Focuses on enforcement, prevention and intervention.
• Includes $4.7 million, passed in last year's budget, for prevention and intervention programs statewide. The money provides grants to public or private entities for juvenile or adult programs, using criteria established by the Governor's Crime Commission.
• Applies to offenders 16 years old and older.
• Punishes those who act as a gang organizer or supervisor or solicit or encourage someone to participate who is younger than 16.
• Punishes gang-related misdemeanors one class higher than they would normally be punished.
• Contains a provision for drive-by shootings, which have been linked to gang activities. District attorney does not have to prove the offense was gang related.
• 16- or 17-year-olds with no prior convictions can have proceedings deferred for a minimum of one year. If they complete the deferral period, conviction is discharged.
