Watson Coleman Two-Bill Gang Violence Prevention Package Advances

WATSON COLEMAN TWO-BILL GANG VIOLENCE PREVENTION PACKAGE ADVANCES

Measures Focus on Reentry and Deterrence

(TRENTON) - A pair of bills Assembly Majority Leader Bonnie Watson Coleman sponsored to reduce gang recruitment, violence, and recidivism were released today by the Assembly Law and Public Safety Committee.

In May 2006, Watson Coleman (D-Mercer) sponsored a sweeping package of gang reform legislation, considered to be the most expansive anti-gang initiative undertaken by any state legislature.  Many of those measures, which dealt with increasing penalties for gang-related activities, have been passed into law.  Watson Coleman said her current bills are aimed at preventing gang problems.

"From the very beginning, our approach to curbing gang violence in New Jersey has been two-pronged," said Watson Coleman.  "Our initial package was aimed at strengthening enforcement and punishment.  These new measures focus more on prevention and helping reformed gang members become functioning members of society again."

The first measure (A-3623), which also is sponsored by Assemblyman William D. Payne (D-Essex), would create a certificate of rehabilitation for convicted felons who have demonstrated to a judge or the state parole board that they have made efforts to reform themselves after committing a crime.  Certificates would be issued for specific crimes and the holder would be presumed rehabilitated with regards to that specific crime for the purposes of obtaining public employment from which they otherwise might be barred.

Employers would be unable to deny a person with a certificate licensure or employment unless there is a direct relationship between the crimes committed and the specific license or employment sought or if issuing the license or granting the employment would involve an unreasonable risk to property or the safety and welfare of a specific person or the public.

At any time, certificates could be revoked by the issuing entity.  Persons knowingly attempting to use revoked certificates would be guilty of a disorderly persons offense.  The measure was released from committee by a vote of 4-2.

"Criminals who have paid their debt to society and have made sincere efforts to reform should not be eternally punished," said Watson Coleman.

The second measure (A-4582) would create the crimes of "gang criminality" and "promoting organized street crime."

"Gang criminality" is defined as "committing, attempting to commit, or conspiring to commit, whether as a principal or an accomplice, the offense of prostitution, possession of prohibited weapons and devices, possession of a weapon for an unlawful purpose, possession of a weapon during the commission of a drug offense, or unlawful possession of a weapon while knowingly involved in criminal street gang activity."

"Promotion of organized street crime" is defined as "conspiring with others as an organizer, supervisor, financier, or manager to commit any of the following offenses:  prostitution, possession of prohibited weapons and devices, possession of a weapon for an unlawful purpose, possession of a weapon during the commission of a drug offense, or unlawful possession of a  weapon."

The new crimes carry with them a varying scale of penalties.  At a minimum, a person charged with gang criminality or promoting organized street crime would face up to $10,000 in fines and 18 months in jail.  At a maximum, a person charged with either crime would face up to $200,000 in fines and 30 years in jail.  Both crimes would always carry penalties one degree higher than the most serious underlying crime committed.

Under the bill, the definition of "racketeering activity" in New Jersey's Racketeering Influenced and Corrupt Organizations (RICO) statute would be expanded to include assaults requiring purposeful or knowing conduct and terroristic threats - offenses commonly committed by gang members.

Sentences imposed for gang criminality or promoting organized street crime would be served consecutively with any other sentences imposed for underlying offenses.  Juveniles who commit either crime would be tried as adults.  Additionally, anyone convicted of committing these crimes would be required to serve out 85 percent of their sentence, and the presumption of non-incarceration for third- and fourth-degree crimes would not apply.  The committee unanimously released the measure.

"By virtually making just being a gang member a crime, we hope to dissuade impressionable youngsters from making a mistake that could mar the rest of their lives," said Watson Coleman.

"Make no mistake, New Jersey has a gang problem, and it is pervasive and widespread," Watson Coleman continued.  "However, with continued education and vigilance on the part of lawmakers, law enforcement, and community leaders, we can start taking our state back."

Both measures now head to the Assembly Speaker who decides if and when to post them for a floor vote.

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