Pubdate: Fri, 06 Oct 2006
Source: Post and Courier, The (Charleston, SC)
Copyright: 2006 Evening Post Publishing Co.
Contact:  http://www.charleston.net/
Details: http://www.mapinc.org/media/567
Note: Rarely prints LTEs received from outside its circulation area
Author: David Slade
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)
Bookmark: http://www.mapinc.org/coke.htm (Cocaine)
Bookmark: http://www.mapinc.org/find?199 (Mandatory Minimum Sentencing)

RILEY PUSHES ANTI-CRIME LAWS

Justice System Must Change,Mayor Tells Senate Task Force

COLUMBIA - Charleston Mayor Joe Riley proposed  anti-crime 
legislation Thursday to a state Senate task  force, but some 
questioned whether the threat of longer  prison sentences would help.

Riley has responded to a surge in homicides and gun  violence in 
Charleston by calling on the state to  increase penalties for 
gun-related offenses and to pump  money into South Carolina's 
backlogged courts,  overwhelmed probation offices and overcrowded prisons.

The nature of crime has changed due to the illegal drug  trade, Riley 
said, and the justice system must change  in response.

The mayor has repeatedly complained that city police  arrest drug 
dealers, only to see them quickly back on  the streets.

"One thing we can't do at the local level is pass state  laws and 
make decisions about funding for the criminal  justice system," Riley 
told members of the Criminal  Justice System Task Force, which was 
convened by Sen.  Glenn McConnell, R-Charleston.

The mayor submitted 10 pieces of legislation that he  hopes state 
lawmakers will consider.

Currently there are tough state penalties for underage  drinking, but 
no mandatory sentence for carrying a  handgun while younger than the 
legal age, Riley said.  Burglars face potentially longer sentences 
than those  who attempt murder, an offense known in South 
Carolina  as assault and battery with intent to kill.

To illustrate the failings of the justice system, the  mayor 
dramatically displayed the rap sheets of three  offenders from Charleston.

A computer printout trailed from the mayor's  upstretched hand to the 
floor, as he explained that one  offender received a two-year 
probationary term at  sentencing nearly three years after being 
charged with  burglary, car theft, possession with intent to 
distribute cocaine, possession with intent to  distribute marijuana, 
possession of drugs in a school  zone and related offenses.

Sen. Jake Knotts, R-West Columbia, a former narcotics  detective, 
examined the rap sheet and noted that most  of the charges were 
dropped before they went to court.

"I'd like to know if the law we have is not working, or  if it's not 
being used," Knotts said. "I was ready to  hang that judge, but those 
charges didn't come before  him."

Knotts asked what difference tougher penalties would  make if charges 
aren't being prosecuted. Task Force  Chairman Gerald Malloy, 
D-Darlington, also questioned  the need for tougher penalties.

"We've heard (previous) testimony that we have some of  the strictest 
penalties in the country," he told Riley.

Charleston County Sheriff Al Cannon, who also addressed  the task 
force, said solicitors have little choice but  to plea bargain and 
drop some charges, because the  courts are so backlogged.

"There are just so many, they can't handle them all,"  Cannon said. 
"As a result, more and more cases, and  more serious cases, are 
getting pushed aside."

And there's hardly space for those awaiting trial in  the overcrowded 
county jail. Cannon said the jail was  built for 644 and now holds 
close to 1,500.

Many of the proposals will come down to money, for  judges, 
solicitors, probation officers, jail cells,  indigent defense, and more.

"I think the solution is, there's got to be more money  put into the 
system," Cannon said.

State Law Enforcement Division Chief Robert Stewart  described to the 
task force a proposal supported by  McConnell to collect DNA samples 
from people who have  been arrested, though not yet convicted, in 
serious  crimes.

South Carolina and most other states take samples upon  conviction. 
Stewart said seven states collect DNA from  arrestees.

To implement such a system in South Carolina, Stewart  said, SLED 
would need 16 forensic scientists and about  $1.8 million for equipment.

The task force will meet again Oct. 12 and 19 to hear  from judges, 
corrections and parole officials and  criminal defense lawyers. The 
panel is expected to  develop bills for the 2007 legislative session.

Riley's plan

Charleston Mayor Joe Riley is proposing changes to state laws and 
other anti-crime initiatives:

- --Mandatory sentences for illegal handgun possession, with a 
five-year minimum prison term for a second offense.

- --Prohibiting those convicted of any crime that carries a punishment 
of one year or more in jail from possessing any firearm.

- --Mandatory sentences for carrying any gun while under the age of 21, 
with a five-year minimum prison term for a second offense, with 
exceptions for lawful activities such as hunting.

- --Possession of a firearm during commission of a crime that is 
punishable by more than one year in prison would be an offense, with 
a mandatory five-year sentence.

- --Laws covering gun crimes should cover long guns and handguns.

- --Allow warrantless searches of people on probation or parole, 
including their homes and vehicles.

- --Increase the punishment for assault and battery with intent to kill 
to a mandatory minimum term of 10 years. There is currently no 
mandatory minimum.

- --All offenders would have to serve at least 85 percent of their 
sentences. Currently, the 85 percent rule does not apply to all offenses.

- --Increase penalties for municipal ordinance violations. Allow 
municipal judges to sentence offenders to up to a year in prison for 
a second offense, and up to three years for a third offense.

- --Do a statewide sentencing study.

- --Expedite probation violation hearings.

- --Set bond at a minimum of $50,000 when a person is accused of a 
crime while out on bail from a different arrest.

- --Add three to five judges each for Circuit Court and Family Court.
- ---
MAP posted-by: Beth Wehrman