TUESDAY, FEBRUARY 5, 2008
Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:
Our thought for today is from Psalm 143:8: “Let the morning bring me word of your unfailing love; for I have put my trust in you.”
Let us pray. O God of truth, teach us Your paths and help us to offer light in the darkness to those we serve. Grant us courage to tackle the hard tasks we face and the perseverance to accomplish great things for this State. Bless our Nation, President, State, Governor, Speaker, this Honorable Assembly, and all who serve in these Halls of Government. Protect our defenders of freedom at home and abroad as they protect us. Hear our prayer, O God. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.
MOTION ADOPTED
Rep. HIOTT moved that when the House adjourns, it adjourn in memory of Daniel Boone Owen of Pickens, which was agreed to.
SILENT PRAYER
The House stood in silent prayer for the family of Comptroller General Richard Eckstrom in the death of his sister, Margaret Ann Eckstrom.
REPORT RECEIVED
The following was received:
GANG PREVENTION STUDY COMMITTEE
INITIAL REPORT
The Legislature established the Gang Prevention Study Committee under the Criminal Gang Prevention Act on July 1, 2007. It was established to study and keep abreast of issues and problems in South Carolina concerning criminal gang activity, and to make a report to the Governor, the President Pro Tempore, and the Speaker of the House of Representatives by January 30, 2008. This committee is comprised of:
1. the Attorney General, or his designee, who shall serve as chairman;
2. three members of the House of Representatives, appointed by the Speaker of the House of Representatives;
3. three members of the Senate, appointed by the President Pro Tempore of the Senate;
4. one person appointed by the Chief of the State Law Enforcement Division;
5. one person appointed by the South Carolina Sheriffs' Association;
6. one person appointed by the Director of the Department of Juvenile Justice;
7. one person appointed by the Director of the Department of Corrections;
8. one person appointed by the Director of the Department of Social Services;
9. one person appointed by the South Carolina Municipal Association; and
10. two persons appointed by the Governor, one of which must be a member of the faith-based community.
FINDINGS
This committee held meetings on December 17, 2007, January 14, 2008, and January 25, 2008, to discuss and develop strategies for combating South Carolina’s problems with criminal gangs. Statistics provided by the Department of Juvenile Justice (DJJ) indicate that the average age of a criminal gang member is fifteen (15) years, eight (8) months and the average age of recruitment is thirteen (13) years. These individuals frequently come under state supervision while they are juveniles and remain under some type of state supervision well into adulthood through probation, incarceration or parole. Therefore, it is the finding of this committee that gang activity must be addressed on the primary, secondary and tertiary level through a mix of diversion, remediation and incarceration.
It is the finding of the committee that criminal gangs have spread throughout our state and now pose a significant threat to the community at large. This committee has identified the following five (5) critical piers for dealing with South Carolina’s gang problem:
- The State Grand Jury must be utilized to prosecute gang-related crimes and gather information on the structure and organization of gangs.
- The state must provide specialized education and training for law enforcement personnel and the public service community to effectively combat gang-related crimes.
- The state must have a mandatory, inclusive reporting system to track gang activity through the State Law Enforcement Division (SLED).
- Schools, parents, concerned citizens and youths must be educated to the dangers of criminal gangs.
- The state must develop a comprehensive plan to combat gang activity, including integration of new programs and ideas into existing gang diversion programs.
1. The State Grand Jury must be utilized to prosecute gang-related crimes and gather information on the structure and organization of gangs.
In order to successfully combat criminal gangs in South Carolina, the State Grand Jury must be utilized to investigate the structure and pervasiveness of criminal gangs. The subpoena power of the State Grand Jury allows the state to compel testimony from individual gang members concerning the composition and structure of their respective gangs. This is an invaluable tool in discovering other potential participants in the crimes of the gang. Prosecution through the State Grand Jury allows the state to collect this information and disseminate it to law enforcement and to local communities. This will allow the state to prosecute and imprison the leaders of the gang and destroy the command structure.
2. The state must provide specialized education and training for law enforcement personnel AND THE PUBLIC SERVICE COMMUNITY to effectively combat gang-related crimes.
It is critical for the state to provide education to law enforcement concerning the composition and working structure of criminal gangs that have been identified as operating in South Carolina. The Office of the Attorney General has begun this endeavor by providing free training on the implications of the Gang Prevention Act and local law enforcement’s role in Grand Jury investigations. The Attorney General has provided this training to the South Carolina Solicitor’s Association, the 1st Judicial Circuit Victim’s Association and the Attorney General will be presenting to the South Carolina School Resource Officer’s Convention. The Attorney General, DJJ and other state agencies should work in conjunction to provide training to the public service community in order to properly educate first responders to the dangers of South Carolina’s criminal gangs.
3. The state must have a mandatory, inclusive reporting system to track gang activity through the State Law Enforcement Division (SLED).
The free flow of information is a key component to successfully combating gang activity. The state should establish a mandatory, inclusive reporting system of gang activity monitored through the State Law Enforcement Division (SLED). This reporting system should be used to coordinate community and law enforcement responses to areas showing significant gang-related activity. By using this information, the state can employ techniques to reduce gang membership by combating related problems such as substance abuse, truancy, unemployment and mental health problems. SLED has created a gang database in an attempt to assemble this information, though it does not currently contain a mandatory reporting function. It is imperative that updates to this database be mandatory. Adding a “possible gang indicators” check box on all South Carolina initial incident reports can accomplish this important function. The addition of this to an officer’s incident report will provide an easy way to track gang crime through the SLED database.
4. Schools, parents, CONCERNED CITIZENS and youth must be educated to the dangers of criminal gangs.
Schools, parents and the community at large must be educated about the signs of criminal gang activity. Community members are the eyes and ears of law enforcement. They provide the first line of defense against gangs by their presence in the neighborhood. This presence can be intensified through block watches and foot patrols. To successfully utilize the community resources, state agencies must work together to provide information and education about local gangs. The agencies can provide training sessions at parent-teacher organizations, local faith-based institutions and school assemblies. School resource officers, guidance counselors and teachers should play an integral part in educating the community. It is the finding of the committee that the Department of Education should be added to the gang prevention study committee.
Further, it is the finding of this committee that the failure to finish high school is a significant contributor to a child’s involvement in a criminal gang. Therefore, the Department of Education, DJJ and other state agencies should develop programs to provide services and education to children expelled from school. These programs will be integral in steering dropouts and expelled students away from criminal street gangs. Finally, the state should work to develop and pass a comprehensive dropout prevention plan.
5. The state must develop a comprehensive plan to combat gang activity, including integration of new programs and ideas into existing gang diversion programs.
In order to develop a comprehensive plan to combat gang activity, the committee finds that the state must develop and integrate new programs and ideas into existing gang diversion programs. This should be successfully achieved through a coordinated mix of prevention, intervention and suppression focused on at-risk juveniles. The state should employ gang prevention services not only to encourage youth resiliency to gangs, but also to encourage positive social behaviors. Schools, faith-based organizations and public and private support groups must implement development programs that promote social, emotional, cognitive and behavioral development as well as moral competency and self-determination. It is the finding of this committee that this is best accomplished using a mix of programs that have proven to be effective in combating gangs. These proven programs should receive priority in funding. Currently, measures have been implemented by the Department of Juvenile Justice to accomplish this goal. DJJ has had success implementing Teen After-School (TAS) Centers. These TAS Centers serve as prevention tools by providing a safe place for youths to congregate in the after-school hours. Adult staff and volunteers provide mentoring, tutoring, recreational activities and cultural activities while encouraging youths to stay in school and avoid negative peer associations. Additionally, the Youth Challenge Program (YCP) administered through a mix of federal and state funds has also had success building youths’ resiliency to gangs. Programs such as the TAS Centers and YCP have proven to be effective in preventing at-risk youths from falling victim to gangs.
The state should also develop programs designed to intervene in situations where gangs have become established. The state must identify youths who are currently engaged in gang involvement who wish to extricate themselves. Data provided by DJJ indicate that two major reasons for youth gang activity stem from lack of adult supervision and poverty. While the TAS centers have been shown to effectively combat lack of supervision, DJJ has implemented the Juvenile Employment Enrichment Program (JEEP). This program assists gang-affiliated youths to find a more productive and positive way to earn income. This program is a year-long employment program that provides life skills and employment curriculum in a safe after-school environment. Similarly, Operation Gang Out has shown a history of success in intervening and rehabilitating children already involved in street gangs.
Conclusion
It is the finding of this committee that the state should extend the Gang Prevention Study Committee, with the addition of the Department of Education, for no longer than twenty-four (24) months and based on the findings and recommendations of this committee, the state should consider creating a permanent gang awareness commission to continue to monitor these efforts. This is a necessary step in assessing and combating South Carolina’s gang problem because an accurate and meaningful assessment will require substantial time and energy. This committee will be a useful tool in bringing together different state agencies so that we may work together to supplement our individual gang reduction plans.
Received as information.
H. 3623--COMMITTEE OF CONFERENCE APPOINTED
The following was received from the Senate:
MESSAGE FROM THE SENATE
Columbia, S.C., January 31, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H.3623:
H. 3623 -- Rep. Thompson: A BILL TO AMEND SECTION 6-11-340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF SPECIAL PURPOSE DISTRICTS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTIONS 14-1-206, 14-1-207, AND 14-1-208, ALL AS AMENDED, RELATING TO MONETARY ASSESSMENTS LEVIED AGAINST FINES IMPOSED IN GENERAL SESSIONS, MAGISTRATES, AND MUNICIPAL COURTS, SO AS TO DELETE THE TERM "DEPARTMENT OF PUBLIC SAFETY" AND REPLACE IT WITH THE TERM "SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY"; TO AMEND SECTION 23-11-110, RELATING TO CERTAIN QUALIFICATIONS THAT A SHERIFF MUST POSSESS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 23-23-70, RELATING TO THE ISSUANCE OF LAW ENFORCEMENT OFFICER CERTIFICATES, SO AS TO DELETE REFERENCES TO SECTION 23-6-440 AND REPLACE IT WITH REFERENCES TO SECTION 23-23-60; TO AMEND SECTIONS 23-28-20, 23-28-60, AND 23-28-90, ALL RELATING TO THE APPOINTMENT OF RESERVE POLICE OFFICERS, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 23-47-20, AS AMENDED, RELATING TO 911 SYSTEM REQUIREMENTS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 24-5-320, RELATING TO THE JAIL PRE-SERVICE TRAINING PROGRAM, SO AS TO DELETE REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY AND REPLACE THEM WITH REFERENCES TO THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY, AND TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 24-5-360, RELATING TO TRAINING OFFERED TO RESERVES WHO WISH TO BECOME FULL-TIME JAILERS OR DETENTION OFFICERS, SO AS TO DELETE REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY AND REPLACE THEM WITH REFERENCES TO THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY, AND TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 56-5-2950, RELATING TO A PERSON WHO DRIVES A MOTOR VEHICLE HAVING GIVEN CONSENT TO SUBMIT TO CHEMICAL TESTS OF HIS BREATH, BLOOD, OR URINE FOR CERTAIN PURPOSES, SO AS TO DELETE A REFERENCE TO THE DEPARTMENT OF PUBLIC SAFETY AND REPLACE IT WITH A REFERENCE TO THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY; AND TO AMEND SECTION 40-18-30, AS AMENDED, RELATING TO THE POWERS AND DUTIES OF THE STATE LAW ENFORCEMENT DIVISION, SO AS TO DELETE A REFERENCE TO THE LAW ENFORCEMENT TRAINING COUNCIL AND TO REPLACE IT WITH A REFERENCE TO THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY.
Very respectfully,
President
On motion of Rep. THOMPSON, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. THOMPSON, STAVRINAKIS and G.M.SMITH to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.