Legislature(2005 - 2006)Anch LIO Conf Rm

10/24/2006 10:00 AM House JUDICIARY


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10:12:43 AM Start
10:12:52 AM Overview: Gangs in Alaska
12:42:44 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Teleconference --
+ Overview: Gangs in Alaska TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                       Anchorage, Alaska                                                                                        
                        October 24, 2006                                                                                        
                           10:12 a.m.                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Lesil McGuire, Chair                                                                                             
Representative Tom Anderson                                                                                                     
Representative John Coghill                                                                                                     
Representative Pete Kott (via teleconference)                                                                                   
Representative Peggy Wilson                                                                                                     
Representative Les Gara                                                                                                         
Representative Max Gruenberg                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
OTHER LEGISLATORS PRESENT                                                                                                     
                                                                                                                                
Representative Nancy Dahlstrom                                                                                                  
Representative Bob Lynn                                                                                                         
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
OVERVIEW:  GANGS IN ALASKA                                                                                                      
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
PHILIP TAHTAKRAN, Staff                                                                                                         
to Adam B. Schiff                                                                                                               
Congressman                                                                                                                     
U.S. House of Representatives                                                                                                   
(Address not provided)                                                                                                          
POSITION STATEMENT:  Provided comments and responded to                                                                         
questions during the overview regarding gangs in Alaska.                                                                        
                                                                                                                                
GARDNER COBB, Captain                                                                                                           
Anchorage Police Department (APD)                                                                                               
Municipality of Anchorage (MOA)                                                                                                 
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:     Provided   comments  and   responded  to                                                               
questions during the overview regarding gangs in Alaska.                                                                        
                                                                                                                                
PAUL HONEMAN, Lieutenant                                                                                                        
Anchorage Police Department (APD)                                                                                               
Municipality of Anchorage (MOA)                                                                                                 
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:     Provided   comments  and   responded  to                                                               
questions during the overview regarding gangs in Alaska.                                                                        
                                                                                                                                
DEAN R. WILLIAMS, Member                                                                                                        
Community Youth Violence Gang Response Team ("the Team")                                                                        
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:     Provided   comments  and   responded  to                                                               
questions during the overview regarding gangs in Alaska.                                                                        
                                                                                                                                
MAO TOSI, Founder                                                                                                               
Poly Pride Club                                                                                                                 
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:     Provided   comments  and   responded  to                                                               
questions during the overview regarding gangs in Alaska.                                                                        
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR  LESIL   McGUIRE  called   the  House   Judiciary  Standing                                                             
Committee  meeting  to order  at  10:12:43  AM.   Representatives                                                             
McGuire,  Anderson, Wilson,  Coghill, Kott  (via teleconference),                                                               
and  Gara were  present at  the  call to  order.   Representative                                                               
Gruenberg   arrived    as   the   meeting   was    in   progress.                                                               
Representatives Dahlstrom and Lynn were also in attendance.                                                                     
                                                                                                                                
^OVERVIEW:  Gangs in Alaska                                                                                                   
                                                                                                                                
10:12:52 AM                                                                                                                   
                                                                                                                                
CHAIR McGUIRE announced that the  only order of business would be                                                               
the  overview  regarding  gangs  in  Alaska.    Specifically  the                                                               
committee  would   hear  about  the  various   efforts  currently                                                               
underway to deal  with gang violence, and about  the state's role                                                               
in addressing this issue.                                                                                                       
                                                                                                                                
10:14:25 AM                                                                                                                   
                                                                                                                                
PHILIP  TAHTAKRAN, Staff  to Adam  B.  Schiff, Congressman,  U.S.                                                               
House of  Representatives, relayed  that as  Legislative Director                                                               
and counsel  to Congressman  Schiff, who  represents a  number of                                                               
communities in  the Los Angels  area, he has had  the opportunity                                                               
to examine  the issue  of gang violence  and work  on legislation                                                               
that will crack down on  criminal street gangs, which continue to                                                               
proliferate in  communities across the  country.  In the  city of                                                               
Los  Angeles, there  are  more  than 700  gangs  with a  combined                                                               
membership of over  39,000 individuals, and during  the last five                                                               
years,  there  were  over  40,000  violent  gang-related  crimes,                                                               
including  close  to  1,500  homicides  and  over  15,000  felony                                                               
assaults;  in  the  last  few  years the  Los  Angeles  area  has                                                               
experienced  an  epidemic  of  youth  violence  that  is  rapidly                                                               
spreading from the inner cities to the suburbs.                                                                                 
                                                                                                                                
MR. TAHTAKRAN said  that [a 2002 national  survey] estimated that                                                               
there  are over  731,000 gang  members  in 21,500  gangs in  over                                                               
2,000 major cities  across the United States.   Although concerns                                                               
about gangs and gang-related violence  were initially isolated to                                                               
inner-city  urban  areas,  the concerns  today  have  shifted  to                                                               
include violent  gang activities that  have moved into  rural and                                                               
suburban areas;  the increased activity and  migration of violent                                                               
California-based gangs have only  heightened these concerns about                                                               
the spread  of gangs.  One  of the most notorious  of these gangs                                                               
has now  surfaced up and  down the East  Coast of the  nation, in                                                               
areas such  as Long Island,  New York, the Washington  D.C. area,                                                               
and even Charlotte, North Caroline.                                                                                             
                                                                                                                                
MR.  TAHTAKRAN   said  that   although  gang-related   crime  has                                                               
traditionally been a state and  local law enforcement issue, with                                                               
the federal  role limited  to grant programs  to state  and local                                                               
law enforcement  and community-based agencies, as  gangs continue                                                               
to  migrate  geographically,   increase  in  sophistication,  and                                                               
expand the types the illegal activities  they engage in - such as                                                               
money  laundering and  complex drug  enterprises  - Congress  has                                                               
expressed new interest  in the issue.  Recognizing  that the gang                                                               
problem is no  longer a local issue but a  national one requiring                                                               
a national  strategy, anti-gang  legislation has  been introduced                                                               
in both the U.S. Senate and the U.S. House of Representatives.                                                                  
                                                                                                                                
MR.  TAHTAKRAN  mentioned  that one  such  piece  of  legislation                                                               
introduced by Congressman Schiff -  H.R. 970, the Gang Prevention                                                               
and  Effective Deterrence  Act of  2005  - is  a bipartisan  bill                                                               
intended to  increase gang prosecution and  prevention efforts by                                                               
bringing  together federal,  state,  and  local law  enforcement,                                                               
providing  them  with new  tools  to  combat gang  violence,  and                                                               
making available  new funds to  keep kids  out of gangs  to begin                                                               
with.   He relayed that  this legislation is  virtually identical                                                               
to legislation  introduced by U.S.  Senators Feinstein  and Hatch                                                               
in the last Congress that has since been reintroduced.                                                                          
                                                                                                                                
MR.  TAHTAKRAN  explained  that  street  gangs  are  increasingly                                                               
focusing   on  "full   service"  criminal   enterprises  in   the                                                               
neighborhoods  where they  reside, showing  increasing levels  of                                                               
sophistication,   and   exhibiting  characteristics   common   to                                                               
organized  crime.   Since gangs  will likely  continue to  expand                                                               
their criminal enterprises in new  ways and places throughout the                                                               
country,  new  and  creative  ways to  attack  this  problem  are                                                               
required.   In 2002, the  city of  Los Angeles announced  that it                                                               
would  begin  going  after  street  gangs in  the  same  way  law                                                               
enforcement  brought  down  traditional organized  crime  figures                                                               
using  the   federal  racketeering  statute,  RICO   -  Racketeer                                                               
Influenced  and  Corrupt  Organizations  Act,  Title  IX  of  the                                                               
federal  Organized  Crime Control  Act  of  1970  - to  its  full                                                               
capacity.                                                                                                                       
                                                                                                                                
MR.  TAHTAKRAN noted  that  the RICO  was  designed to  prosecute                                                               
organized  crime, with  mafia-style  organizations  in mind,  and                                                               
that the  Gang Prevention  and Effective  Deterrence Act  of 2005                                                               
would create  a similar  tool, but  one tailored  specifically to                                                               
violent  street   gangs  by   criminalizing  violent   crimes  in                                                               
furtherance  or  in aid  of  criminal  street  gangs.   The  most                                                               
lucrative  criminal  enterprise for  street  gangs  has been  the                                                               
retail distribution of illicit  narcotics, and the aforementioned                                                               
legislation would  attack this  aspect of  the problem  by making                                                               
murder  and other  violent crimes  committed  in connection  with                                                               
drug trafficking a federal crime.   Street gangs also engage in a                                                               
host of  other criminal endeavors, and  the use of firearms  is a                                                               
major  feature of  gang-related violence,  with gang  members far                                                               
more likely  than other  delinquents to carry  and use  guns; the                                                               
aforementioned legislation  increases penalties for  criminal use                                                               
of firearms during crimes of violence and drug trafficking.                                                                     
                                                                                                                                
MR.  TAHTAKRAN said  that  the legislation  also  allows for  the                                                               
detention of persons charged with  firearm [crimes] who have been                                                               
previously  convicted  of  crimes  of violence  or  serious  drug                                                               
offenses.   These new  federal crimes  and tougher  sentences are                                                               
aimed   at  deterring   violent   gang-related   crime,  and   at                                                               
encouraging  greater  cooperation  between prosecutors  and  gang                                                               
members  who  are facing  long  jail  sentences, such  that  this                                                               
cooperation  could  lead  to   the  identification,  arrest,  and                                                               
prosecution of  other gang  members.   These are  important steps                                                               
towards  successfully tearing  down criminal  gang networks,  and                                                               
they  are  strongly  supported  by  a  host  of  law  enforcement                                                               
officials who are seeking tougher  sentences as a way of stopping                                                               
gang-related violence.                                                                                                          
                                                                                                                                
MR. TAHTAKRAN  said that unfortunately,  gangs have  strong links                                                               
to the nation's youth; the  Federal Bureau of Investigation (FBI)                                                               
has reported that 819 juvenile  gang-related killings occurred in                                                               
2003 -  up from 580  several years  before - and  law enforcement                                                               
agencies report that the problem  is getting worse.  The nation's                                                               
youth are being  held hostage by gangs; gang  involvement takes a                                                               
heavy  toll  on  adolescent social  development  and  life-course                                                               
experiences,   with  the   end  result   often  being   continued                                                               
involvement in criminal activity  throughout adolescence and into                                                               
adulthood.    In  order  to  prosecute  an  entire  gang,  it  is                                                               
sometimes necessary to prosecute  multiple defendants in the same                                                               
case,  including  juvenile  gang  members.    The  aforementioned                                                               
legislation  proposes a  limited reform  of the  juvenile justice                                                               
system (JJS)  in order to  facilitate federal prosecution  of 16-                                                               
and  17-year-old   gang  members  who  commit   serious  acts  of                                                               
violence.                                                                                                                       
                                                                                                                                
MR.  TAHTAKRAN relayed  that the  legislation also  provides more                                                               
resources  to bolster  the  fight against  gangs  and attack  the                                                               
problem  at  its root;  H.R.  970  authorizes approximately  $650                                                               
million over the  next five years to support  federal, state, and                                                               
local law  enforcement efforts  against violent  gangs, including                                                               
the funding  of witness protection programs  and intervention and                                                               
prevention  programs  for at-risk  youth.    Funding for  federal                                                               
prosecutors and  FBI agents is  also increased under H.R.  970 so                                                               
that coordinated efforts against violent gangs can be improved.                                                                 
                                                                                                                                
MR.  TAHTAKRAN said  that  Congressman  Schiff strongly  believes                                                               
that  tough  deterrence and  enforcement  measures  must also  be                                                               
coupled with crucial prevention provisions,  and that "we can pay                                                               
now or we  can pay later."  A small  amount of prevention funding                                                               
invested now can save a lot down  the road.  Consider that when a                                                               
juvenile  is incarcerated  in California,  for example,  it costs                                                               
the  state $90,000  per year;  investing  a small  amount on  the                                                               
front end in  tested, research-based programs that  keep kids out                                                               
of trouble makes  a lot of sense, both in  terms of dollars saved                                                               
and  lives  saved.   Although  Congress  has acted  on  anti-gang                                                               
legislation,  there  is hope  that  in  the near  future  further                                                               
comprehensive  anti-gang  legislation  can  be  agreed  upon  and                                                               
enacted.                                                                                                                        
                                                                                                                                
10:23:56 AM                                                                                                                   
                                                                                                                                
MR. TAHTAKRAN,  in response to  questions, said that H.R.  970 is                                                               
tailored towards existing prevention  programs, though states may                                                               
apply for  grants for programs  that have demonstrated  results -                                                               
the emphasis on the national level  is that such funding be given                                                               
to tested, research-based programs; that  he is not familiar with                                                               
the  specific use  of counseling  to divert  children from  gang-                                                               
related  activities, however  the benefits  of reaching  youth of                                                               
middle-school  age is  strongly supported  by evidence;  and that                                                               
[states] must rely upon the  experts to decide which programs are                                                               
working and have demonstrated results.                                                                                          
                                                                                                                                
CHAIR  McGUIRE remarked  that prevention  programs  often face  a                                                               
lack of future funding regardless of the benefits they provide.                                                                 
                                                                                                                                
REPRESENTATIVE GRUENBERG  raised the issue of  possibly providing                                                               
tax incentives  to law  enforcement personnel  who buy  homes and                                                               
then live in neighborhoods with  a high incidence of gang-related                                                               
activity.                                                                                                                       
                                                                                                                                
MR. TAHTAKRAN,  in response to  questions, relayed that  he would                                                               
provide  members   with  additional   information  on   the  Gang                                                               
Resistance  Education and  Training  Projects  Program, and  that                                                               
research  regarding  early  childhood development  has  not  been                                                               
specifically tailored to find links to gang-related activity.                                                                   
                                                                                                                                
10:36:54 AM                                                                                                                   
                                                                                                                                
GARDNER  COBB,   Captain,  Anchorage  Police   Department  (APD),                                                               
Municipality  of  Anchorage  (MOA),   highlighted  his  past  and                                                               
current  duties  with the  APD,  and  made  use of  a  PowerPoint                                                               
presentation to illustrate information  about the nationwide gang                                                               
problem,  common definitions,  a  history  of [Anchorage's]  gang                                                               
problem and  what it  looks like today,  some concerns  about the                                                               
current responses being undertaken,  and some possible solutions.                                                               
Referring   to  the   PowerPoint's  illustration   of  statistics                                                               
provided  by the  FBI's 2005  congressional  testimony, he  noted                                                               
that  those statistics  have given  rise to  concerns at  the APD                                                               
regarding the  levels of violence and  sophistication of weapons,                                                               
and  the  number  of rounds  being  exchanged  between  different                                                               
groups.                                                                                                                         
                                                                                                                                
MR. COBB  pointed out that  although there is a  state definition                                                               
of  what  constitutes a  gang,  under  that definition  a  girls'                                                               
soccer  team  could  qualify; the  difference  between  a  girls'                                                               
soccer team  and a  street gang,  he surmised,  is that  a street                                                               
gang demonstrates  a pattern of  criminal activity.   The federal                                                               
definition  of  a  street  gang  is very  similar  to  the  state                                                               
definition, but there is no  definition - either state or federal                                                               
- that  defines exactly what a  gang member is.   The APD's Intel                                                               
Unit has  looked at different  policies and criteria  from around                                                               
the country, and  has tied these into  possible criminal activity                                                               
in order to "validate" gang members or gang associates.                                                                         
                                                                                                                                
MR. COBB  explained that the  term, "gang-related" refers  to any                                                               
crime that involves a gang  member or gang associate - regardless                                                               
of whether he/she  is a victim, a suspect, or  a witness; whereas                                                               
the term,  "gang-motivated" refers to  a crime committed  for the                                                               
benefit of the group.   Anchorage, for the most part, experiences                                                               
gang-related crime, which  is engendered by the  same things that                                                               
youth have  been fighting over  for years; the difference  now is                                                               
that  the participants  are not  finding  simple resolutions  any                                                               
more  and are  instead  simply  resorting to  gunfire.   He  then                                                               
indicated that his PowerPoint  presentation was illustrating some                                                               
of  the different  gangs operating  nationwide, gangs  that local                                                               
groups  in Anchorage  are claiming  allegiance to  or affiliation                                                               
with, and mentioned that many  gangs start recruiting new members                                                               
at the middle-school level.   Sometimes recruitment is the result                                                               
of an  older gang  member coming to  Alaska and  actively seeking                                                               
new  members, and  sometimes  it  is the  result  of local  youth                                                               
getting involved in gangs while in middle school.                                                                               
                                                                                                                                
10:44:21 AM                                                                                                                   
                                                                                                                                
PAUL  HONEMAN,  Lieutenant,  Anchorage Police  Department  (APD),                                                               
Municipality  of  Anchorage (MOA),  in  response  to a  question,                                                               
relayed that under state law, someone  under the age of 16 cannot                                                               
be in  possession of a  firearm unless  he/she is with  a parent,                                                               
and that  under federal law,  licensed gun retailers  and dealers                                                               
can't sell firearms to anyone under the age of 21.                                                                              
                                                                                                                                
MR.  COBB said  his position  is that  the APD  is not  concerned                                                               
about law  abiding citizens  having guns,  but is  very concerned                                                               
about youth and others involved  in a gang lifestyle having guns;                                                               
the APD feels it would be nice  if it had the latitude within the                                                               
city limits  to ensure that  such people can't get  anywhere near                                                               
guns of any kind.                                                                                                               
                                                                                                                                
MR.  COBB spoke  briefly  about  the types  of  gangs present  in                                                               
Anchorage, and  gave members time to  read some of the  slides in                                                               
his PowerPoint  presentation.   He said the  APD doesn't  use the                                                               
term  "wanabe" because  one is  either a  gang member  or a  gang                                                               
associate or  one is not.   Every city with a  population of over                                                               
250,000  has a  gang problem,  most similar  to Anchorage's.   He                                                               
indicated that  "Intel" is  very important,  allowing the  APD to                                                               
know  what  groups  are  out  there, who  members  are,  and  who                                                               
leadership is.   The  APD's primary  mission is  suppression, and                                                               
although intervention and prevention is  an important part in the                                                               
solution, the APD must "get these  thugs, that have no regard for                                                               
human  life,  off  the  streets,  out of  the  community,  for  a                                                               
considerable amount  of time so the  intervention/prevention part                                                               
of it can work," he added.                                                                                                      
                                                                                                                                
MR. COBB, in response to a  question, opined that the majority of                                                               
intervention/prevention efforts should  begin early, particularly                                                               
given  that  he  has  seen  gang  recruitment  occurring  at  the                                                               
elementary  school  level; by  the  time  most kids  who've  been                                                               
recruited  as gang  members reach  high school,  they are  set in                                                               
their behavior patterns and only  a life changing event can break                                                               
those patterns.                                                                                                                 
                                                                                                                                
MR. HONEMAN added that community  condemnation of gangs is one of                                                               
the  strongest  messages  that  can be  sent.    Currently,  gang                                                               
members who are injured or  killed are martyred in the community,                                                               
and  the community  must  now  send the  message  - via  parents,                                                               
stronger  laws, longer  sentences,  and community  groups -  that                                                               
gangs and gang violence [will no longer be tolerated].                                                                          
                                                                                                                                
MR.  COBB said  that there  are several  reasons people  have for                                                               
belonging to a gang, most not  so noble.  Referring to statistics                                                               
on validated  gang members  and gang  associates outlined  in the                                                               
PowerPoint  presentation, he  noted  that the  APD currently  has                                                               
only one  Intel analyst but hopes  to gain more.   In response to                                                               
questions,  he  indicated  that  part   of  the  reason  for  the                                                               
prevalence of  the more  virulent strain of  the gang  problem is                                                               
because a gang lifestyle has  become culturally ingrained, and so                                                               
it probably  won't be stamped  out in  his lifetime.   However, a                                                               
two-pronged approach  to eradicate  the problem  will do  much to                                                               
decrease  gang violence  and increase  control over  the problem.                                                               
The  APD's  School  Resource  Officer   (SRO)  Program  has  been                                                               
instrumental  in  the APD's  response  to  the gang  problem  and                                                               
ensures  that specific  instances  of gang  violence don't  spill                                                               
over into the schools.                                                                                                          
                                                                                                                                
MR.  COBB relayed  that he's  been  told by  prosecutors that  it                                                               
would  be difficult  to prosecute  recruiters under  the existing                                                               
statutes  pertaining  to contributing  to  the  delinquency of  a                                                               
minor.  Referring  to a PowerPoint slide, he  said it illustrates                                                               
the  timeline  of  Anchorage's  gang  problem,  noting  that  the                                                               
initial  reaction   "from  the  powers   that  be"  was   to  not                                                               
acknowledge that there  was a gang problem, and to  refuse to use                                                               
the term "gang"  in relation to the violence  that was occurring.                                                               
Regardless  of  this  approach,  gangs  were  forming  and  gang-                                                               
violence was occurring.  The APD  at one time formed a gang unit,                                                               
and although though it got  enveloped in the federal safe streets                                                               
program, it  was effective in  tamping down  the violence.   As a                                                               
result, the APD  took its eye off  the issue for a  bit, and this                                                               
was a mistake because the level of violence rose again.                                                                         
                                                                                                                                
MR. COBB  said that  the federal program  pretty much  ended when                                                               
[the terrorist attacks  of September 11, 2001]  occurred, as most                                                               
of the resources for that program  got diverted.  The APD started                                                               
the SRO program in 2003; the  Intel Unit began operating in 2004;                                                               
and  the  current  campaign   [and  methodologies]  against  this                                                               
problem began in the spring of  2005.  Although gangs will go out                                                               
of  business  due  to  internal   strife  or  pressure  from  law                                                               
enforcement, they will often just form other groups.                                                                            
                                                                                                                                
11:04:24 AM                                                                                                                   
                                                                                                                                
MR.  COBB showed  slides  illustrating  two particularly  violent                                                               
gangs in the  Anchorage area and a summary of  the crimes they're                                                               
responsible for,  the different types  of gangs in  the Anchorage                                                               
area,  the particular  terminology  being  used, the  differences                                                               
between predatory gangs and scavenger  gangs, and the things that                                                               
prompt most gang  fights.  He noted that scavenger  gangs - those                                                               
gangs  most  common  in  Anchorage  -  are  more  dangerous  than                                                               
predatory   gangs   because   their  reactions   to   any   given                                                               
circumstance are  impulsive and emotional; in  general, scavenger                                                               
gangs don't  have formal  leadership or goals.   He  relayed that                                                               
Anchorage's gang problem cuts across  all racial lines except for                                                               
Alaskan Natives; showed slides of  local gangs and their tattoos,                                                               
graffiti, and "colors"; and spoke  of some of the difficulties of                                                               
dealing  with particular  gangs  such as  Asian  gangs and  white                                                               
supremacist gangs.                                                                                                              
                                                                                                                                
MR.  COBB relayed  that these  days  gang members  who resort  to                                                               
using  firearms are  shooting  to kill,  and  showed more  slides                                                               
illustrating local  gang members  and evidence of  gang activity,                                                               
and slides  illustrating the  APD's efforts  to curtail  the gang                                                               
problem, such as  the Intel Unit, SROs, and  applying for grants.                                                               
In response  to comments  and questions,  he spoke  further about                                                               
the school safety officer program  and SRO program, the duties of                                                               
those officers and the benefits they  bring, and how the SROs are                                                               
currently deployed.                                                                                                             
                                                                                                                                
[CHAIR   McGuire  turned   the  gavel   over  to   Representative                                                               
Anderson.]                                                                                                                      
                                                                                                                                
MR. HONEMAN provided additional information on SROs.                                                                            
                                                                                                                                
MR. COBB,  in response  to other  questions, indicated  that some                                                               
gang members that  are of school age are  still attending school,                                                               
and spoke  about the APD's  focus on truancy issues,  how truancy                                                               
programs can have a gang-prevention  effect, and possible truancy                                                               
legislation,  adding  that  having   sufficient  resources  is  a                                                               
critical   component    of   successful   prevention/intervention                                                               
programs.                                                                                                                       
                                                                                                                                
[Representative Anderson returned the gavel to Chair McGuire.]                                                                  
                                                                                                                                
11:25:28 AM                                                                                                                   
                                                                                                                                
CHAIR McGUIRE raised  the issue of children  being suspended from                                                               
school  for  bad  behavior,  and   how  suspension  seems  to  be                                                               
rewarding students  for such  behavior by  allowing them  to stay                                                               
home and possibly  get into further trouble.   She suggested that                                                               
students  who are  suspended  ought  to be  forced  to come  into                                                               
school to serve their suspension period.                                                                                        
                                                                                                                                
MR. COBB said  that although the concept of  doing something like                                                               
that is a good one, funding for  such a program would be an issue                                                               
as would  security -  the kids  who are still  in school  must be                                                               
protected from those who've been suspended for violent behavior.                                                                
                                                                                                                                
REPRESENTATIVE  GRUENBERG asked  whether  SROs could  be used  to                                                               
deal with the issue of bullying in the schools.                                                                                 
                                                                                                                                
MR. COBB relayed that  the APD could do more on  that issue if it                                                               
had more staff, because current  staff are already stretched, and                                                               
mentioned some of the things that are already being done.                                                                       
                                                                                                                                
MR.  COBB then  showed slides  illustrating statistics  regarding                                                               
the activity  of the Special  Assignment Unit between  9/1/05 and                                                               
9/30/06  as  that  activity pertains  to  state  felony  charges,                                                               
federal   charges,  misdemeanor   charges,   guns  seized,   drug                                                               
seizures,  recovered  stolen   vehicles,  and  other  significant                                                               
incidents.   He  showed a  slide illustrating  the school  issues                                                               
that students  in California  face now as  compared to  what they                                                               
faced in 1940, and added that  the gang problem isn't going to be                                                               
easily solved - without a  paradigm shift in [America's] culture,                                                               
this problem won't go away anytime soon.                                                                                        
                                                                                                                                
MR.  COBB relayed  that with  the National  Integrated Ballistics                                                               
Information Network (NIBIN), shell casings from different gang-                                                                 
related shootings can  be tied to one gun.   He reiterated that a                                                               
two-pronged approach is what is  necessary:  getting violent gang                                                               
members out  of the community,  and intervention/prevention.   To                                                               
effect the former, the APD uses  the federal system a lot because                                                               
gang members are  actually taken out of the community  for 5, 10,                                                               
15, or 20  years, whereas local and state laws  don't actually do                                                               
that; also,  the sentences applied  to gang members at  the local                                                               
and state  level are often  insufficient.  Furthermore,  the lack                                                               
of  sufficient  resources  is  a major  issue  for  the  criminal                                                               
justice system; consider, for example,  law enforcement hands the                                                               
district  attorney's  office  hundreds, sometimes  thousands,  of                                                               
felony  cases, but  the judicial  process in  Anchorage can  only                                                               
handle about 26-31 such cases per  year.  And although some steps                                                               
have been taken to address this  issue, a lot more still needs to                                                               
be done, he concluded.                                                                                                          
                                                                                                                                
CHAIR McGUIRE asked whether it  makes sense to spend resources on                                                               
rehabilitation efforts.                                                                                                         
                                                                                                                                
MR. COBB  indicated that it  can, but  not for those  that commit                                                               
violent  crimes  and  show  a pattern  of  doing  so;  therefore,                                                               
perhaps "a three-strikes law" should  be considered.  In response                                                               
to a  comment, he pointed  out that being part  of a gang  is not                                                               
against the  law; rather, it  is the criminal activity  that gang                                                               
members  and gang  associates engage  in  that the  APD tries  to                                                               
focus on.                                                                                                                       
                                                                                                                                
11:42:33 AM                                                                                                                   
                                                                                                                                
MR.  COBB, in  response to  a  question, offered  that there  are                                                               
probably several  reasons why crimes  involving gang  members and                                                               
gang associates  are under-prosecuted, and acknowledged  that the                                                               
APD's  system must  be changed  because it  is no  longer working                                                               
sufficiently with regard to the gang problem.                                                                                   
                                                                                                                                
MR. HONEMAN added  that the APD makes about 300  arrests per week                                                               
and  so the  district attorney's  office must  perform a  sort of                                                               
triage when deciding which cases to  prosecute, and so it will do                                                               
what  it   can  to  clear   its  calendar  simply  out   of  self                                                               
preservation.   In response to  a comment,  he noted that  when a                                                               
gang member or gang associate is  shot or goes to jail, he/she is                                                               
often seen as a martyr.                                                                                                         
                                                                                                                                
MR.  COBB reiterated  that although  the APD's  major mission  is                                                               
suppression,  intervention/prevention is  just  as important  and                                                               
needs the same level of resources.                                                                                              
                                                                                                                                
REPRESENTATIVE GARA  suggested requiring forfeiture of  a vehicle                                                               
when  kids 18  years of  age  and under  have a  certain type  of                                                               
firearm in  the vehicle even  if they  all claim that  they don't                                                               
own that firearm.                                                                                                               
                                                                                                                                
MR. COBB indicated the APD would consider that option.                                                                          
                                                                                                                                
11:48:31 AM                                                                                                                   
                                                                                                                                
MR.  HONEMAN  relayed  that  the   APD  would  be  providing  the                                                               
legislature with  legislation recommendations.   For  example, he                                                               
noted,  [HB 184]  recently changed  state law  regarding carrying                                                               
concealed weapons  such that the  MOA's [stricter]  municipal law                                                               
was invalidated  by state  statute; if a  particular area  of the                                                               
state  has  a  more  serious   problem  regarding  gang  violence                                                               
involving firearms, it  ought to be able to craft  its local laws                                                               
so that it can deal with that more serious problem.                                                                             
                                                                                                                                
MR.  COBB reiterated  that the  district attorney's  office needs                                                               
more  funding, and  opined that  the vast  majority of  kids will                                                               
benefit  by intervention/prevention/rehabilitation  programs, but                                                               
not  those  kids who  are  already  killing  people; one  of  the                                                               
problems with  the federal  system is that  it doesn't  deal with                                                               
juvenile gang members/associates.   Community efforts with regard                                                               
to  effective   intervention/prevention  need  to   be  supported                                                               
because that  component is just  as important as  the suppression                                                               
component.  The  statutory definition of what  constitutes a gang                                                               
also ought  to be updated,  because hopefully soon there  will be                                                               
some real  consequences for  being a gang  member, and  when that                                                               
happens law enforcement  across the state will  need a definition                                                               
that all  can use  and understand.   He also  suggested retooling                                                               
some of  the current laws, and  instituting new laws such  as the                                                               
aforementioned "three strikes" concept and a RICO-type statute.                                                                 
                                                                                                                                
REPRESENTATIVE  GRUENBERG suggested  making  certain activity  in                                                               
certain areas result in heightened  penalties, and having certain                                                               
areas be subject to heightened enforcement efforts.                                                                             
                                                                                                                                
MR. COBB indicated  that that concept will  be considered further                                                               
along with other suggestions.                                                                                                   
                                                                                                                                
MR. HONEMAN pointed out, though,  that the law should be enforced                                                               
equally across the state and that  all people are entitled to the                                                               
same protection under the law.                                                                                                  
                                                                                                                                
MR.  COBB also  pointed  out that  gang-related  violence is  not                                                               
confined to certain areas.                                                                                                      
                                                                                                                                
MR.  HONEMAN referred  to  a pamphlet  produced  by the  National                                                               
Crime  Prevention Council  (NCPC) that  has relevant  information                                                               
about  what  steps communities  and  parents  can take  regarding                                                               
gangs.                                                                                                                          
                                                                                                                                
REPRESENTATIVE   GRUENBERG   mentioned   that  a   few   of   his                                                               
constituents have been victims of gang-related violence.                                                                        
                                                                                                                                
MR. COBB concluded by referring  to the aforementioned nationwide                                                               
statistics and said of Anchorage,  "People shouldn't be afraid to                                                               
send their  kids to  school or go  out in the  street, but  if we                                                               
don't get a handle on this it's clear where we're heading."                                                                     
                                                                                                                                
CHAIR  McGUIRE  said  it  is  important  to  recognize  that  the                                                               
concerns  and  fear  regarding gang-related  violence  is  spread                                                               
throughout Anchorage,  and remarked on the  importance of forming                                                               
partnerships to combat this problem.                                                                                            
                                                                                                                                
12:10:49 PM                                                                                                                   
                                                                                                                                
DEAN R. WILLIAMS, Member, Community  Youth Violence Gang Response                                                               
Team  ("the  Team"), after  relaying  that  he  also works  as  a                                                               
Juvenile  Justice  Superintendent  at  McLaughlin  Youth  Center,                                                               
explained that the  Team was created in 2005 by  Mayor Begich and                                                               
tasked  with  giving  him recommendations  regarding  Anchorage's                                                               
youth gang  problem.  The Team  issued a report in  June of 2006,                                                               
available in members' packets, outlining  what it felt would be a                                                               
good  start toward  the  suppression and  intervention/prevention                                                               
pieces  of  a  solution.    After that  report  was  issued,  the                                                               
American   Prosecutors   Research  Institute   (APRI)   expressed                                                               
interest  in  assisting  Anchorage,  and he  and  several  others                                                               
attended an  APRI-sponsored conference that dealt  with the issue                                                               
of  how cities  and  communities are  addressing certain  issues,                                                               
gang-related   violence  among   them,  through   innovative  and                                                               
community-based approaches.                                                                                                     
                                                                                                                                
MR.  WILLIAMS observed  that currently  in Anchorage  there is  a                                                               
strong collaboration among the lead  agencies regarding what must                                                               
be done  to address this  problem from both the  suppression side                                                               
and the intervention/prevention  side.  He explained  that one of                                                               
the  Team's  recommendations  is   to  establish  an  interagency                                                               
coordinating  network on  youth-violence issues  that would  work                                                               
across jurisdictions to oversee efforts  made by all the agencies                                                               
and organizations  involved.  Although  there are a lot  of great                                                               
ideas on how to combat  gang-related violence in Anchorage, there                                                               
currently isn't any way to  monitor or coordinate efforts, and so                                                               
establishing  a  steering committee  will  help  Anchorage get  a                                                               
handle on all the efforts being  made.  And although there may be                                                               
some cost  associated with establishing a  steering committee, if                                                               
it  is not  done,  then  Anchorage could  face  getting very  few                                                               
results for a lot of money.                                                                                                     
                                                                                                                                
12:17:30 PM                                                                                                                   
                                                                                                                                
MR. WILLIAMS  noted that the  Team recognized that truancy  is an                                                               
issue,  and he  concurred with  Chair McGuire's  points regarding                                                               
students  who are  suspended from  school and  a possible  school                                                               
suspension program.   Kids  getting into  trouble while  they are                                                               
suspended  or while  they are  truant  is not  a school  problem,                                                               
however; rather, it is a  community problem, and programs to deal                                                               
with such issues would really benefit from a steering committee.                                                                
                                                                                                                                
MR. WILLIAMS relayed that another  main issue the Team is working                                                               
on pertains to very serious  offenses committed by juveniles that                                                               
fall  under  the automatic  waiver  law.    The problem  is  that                                                               
current law allows  14- and 15-year olds who  commit very serious                                                               
felony crimes to either go  through the juvenile justice system -                                                               
and then not be tracked or  supervised once they reach the age of                                                               
18 -  or through the  adult justice system via  automatic waiver;                                                               
this  dual-sentencing  law  has  led to  cases  where  similarly-                                                               
situated  defendants  are  being  treated  completely  different.                                                               
Furthermore, defense  attorneys are doing everything  they can to                                                               
prevent the  automatic waiver from  being applied.   He indicated                                                               
that the Team will be addressing this issue further.                                                                            
                                                                                                                                
CHAIR  McGUIRE expressed  interest  in hearing  the Team's  final                                                               
recommendations regarding the current dual sentencing law.                                                                      
                                                                                                                                
MR. WILLIAMS,  in response to  comments, relayed that one  of the                                                               
Team's main recommendations is to ensure  that there is a plan in                                                               
place  to  deal with  kids  who  are  suspended from  school  for                                                               
misbehaving; currently all such kids  are treated the same by the                                                               
school system,  and there  isn't yet a  good community  system in                                                               
place to deal  with those kids that could be  helped somehow.  He                                                               
mentioned that  research indicates that low  attachment to school                                                               
and a propensity  to drop out increases a  child's inclination to                                                               
participate in gang  activity and other delinquent  activity.  In                                                               
response to  further comments,  he mentioned that  a key  point -                                                               
and one  the steering committee will  be working on -  is to have                                                               
an agreement  among all agencies  regarding how to get  kids into                                                               
intervention/prevention programs, because at  this point there is                                                               
no oversight  of the  various program options  out there,  nor is                                                               
there a good triage or filtering methodology in place.                                                                          
                                                                                                                                
CHAIR  McGUIRE suggested  that peer  mediation  programs also  be                                                               
considered.                                                                                                                     
                                                                                                                                
12:42:44 PM                                                                                                                   
                                                                                                                                
MAO  TOSI, Founder,  Poly Pride  Club, relayed  that some  of the                                                               
Anchorage  gang problem  was starting  right around  time he  was                                                               
going to high  school and had it not been  for his involvement in                                                               
sports he too might have become  part of that problem; several of                                                               
his friends at the time did  become involved in gang activity and                                                               
some of them are still in jail.   He is now raising a family, has                                                               
founded the Poly Pride Club -  which exists in two [high schools]                                                               
and numbers about 100 members -  and he is seeking every resource                                                               
possible to  help the kids  in his clubs  take pride in  who they                                                               
are  and  be  successful,  both  in school  and  out  of  school.                                                               
Unfortunately,  most of  the kids  are high  risk with  regard to                                                               
gang involvement, and financing is a large issue.                                                                               
                                                                                                                                
MR. TOSI relayed  that he doesn't have as much  time as he'd like                                                               
to devote to the  kids, nor do the clubs have  a specific room to                                                               
meet in.   Club  members, the majority  of which  are Polynesian,                                                               
engage in  some cottage industry  to help  raise funds, and  as a                                                               
former NFL professional, he acts as  a role model and assists the                                                               
kids by tutoring  them or training with them, and  the first hour                                                               
of   the   clubs'   gatherings  is   devoted   to   study   hall.                                                               
Unfortunately, a lot  of kids find it more interesting  to be out                                                               
on  the  street  looking  for  trouble than  to  be  stuck  in  a                                                               
classroom, and  so he must  find ways of gaining  their interest;                                                               
he surmised that he'd have more kids  in his clubs but for a lack                                                               
of funds that could be used to expand the clubs' activities.                                                                    
                                                                                                                                
MR.  TOSI  relayed that  it  is  imperative  to raise  the  kids'                                                               
expectations  of  what  they  are  capable  of  and  build  their                                                               
confidence and business  skills.  One of the things  he's done is                                                               
gotten the kids to start playing  chess, which has gotten them to                                                               
start thinking things through and  planning ahead.  He noted that                                                               
younger siblings are influenced by  what their older brothers and                                                               
sisters are  doing, and one  of the points  he has made  with the                                                               
kids  in his  clubs  is  that they  must  be  tolerant of  people                                                               
regardless of  their race, because  in order to be  successful in                                                               
life, one must be able to see past such differences.                                                                            
                                                                                                                                
MR.  TOSI  pointed  out  that  kids today  are  quicker  to  jump                                                               
directly  from arguing  to  shooting  than when  he  was in  high                                                               
school,  and  remarked that  suspensions  are  resulting in  kids                                                               
getting  into a  cycle of  trouble and  violence because  they're                                                               
just hanging out on the street instead of being someplace where                                                                 
they can engage in some constructive activities.                                                                                
                                                                                                                                
[Throughout this final presentation, Mr. Tosi and legislators                                                                   
briefly discussed possible ways for him to raise funds and/or                                                                   
incorporate his club as a non profit organization.]                                                                             
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Judiciary Standing Committee meeting was adjourned at 1:08 p.m.                                                                 

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