Law to Reduce Violence by Allowing Law Enforcement to Prosecute Gang Leaders for Crimes They Order

CHICAGO - June 11, 2012. Governor Pat Quinn today signed a tough new law to fight gang crime and reduce violence in Illinois. The new law empowers law enforcement with the ability to prosecute street gang leaders for the criminal acts of their organizations. Joining the governor was Cook County State's Attorney Anita Alvarez, Chicago Mayor Rahm Emanuel, Chicago Police Superintendent Garry McCarthy and local lawmakers.

"One of the best ways to make our neighborhoods safer is to go after street gang leaders who profit from crime," Governor Quinn said. "Gang leaders cannot be allowed to escape justice by hiding behind criminals who do their bidding. This law will help law enforcement get gangs off the street and keep them off."

House Bill 1907, sponsored by Sen. Tony Munoz (D-Chicago) and Rep. Mike Zalewski (D-Chicago), is modeled off the federal Racketeer Influenced and Corrupt Organizations (RICO) Act that was designed to help law enforcement fight organized crime by treating criminal acts committed by members of the group as part of an ongoing criminal enterprise. Under this legislation, law enforcement in Illinois can more effectively target the street gang leaders who order and benefit from the crimes of lower-ranking members.

The Illinois Street Gang RICO was an initiative of Cook County State's Attorney Anita Alvarez, who recently formed the office's first anti-racketeering unit to use the new law to build gang RICO cases involving multiple defendants with the goal of dismantling the street gang from the top down. The unit's specially-trained prosecutors will also work with other State's Attorney's Offices throughout Illinois on how to apply the law effectively.

"For the first time in the history of our state, this new law will give local prosecutors the tools to identify and address patterns in multiple gang-related offenses and join different organized crime offenses and different offenders into a single court proceeding," Alvarez said. "Prior to the signing of this bill, state prosecutors were typically only able to charge individual gang crimes and rarely, if ever, were able to prosecute and hold gang leaders accountable for the organized activities of the street gang and its rank-and-file members."

Under the new law, gang members convicted of criminal conspiracy under the new law could face more than 30 years in prison depending on the associated crimes, and fines of up to $250,000 or twice the gross amount of any criminal proceeds. Illinois joins 31 other states in having racketeering statutes.

According to the Chicago Police Department, Chicago has the largest gang population in the country, with approximately 100,000 members in hundreds of factions. 75-80% of the city's homicides are gang-related.

"On behalf of the children, families and neighbors of Chicago and across Illinois, I commend the Governor for signing HB1907 into law today, and I thank State Senator Tony Munoz and State Representative Mike Zalewski for their work on this bipartisan legislation and State's Attorney Anita Alvarez for her leadership on this issue," said Mayor Rahm Emanuel. "This law will give local law enforcement the power to prosecute gang leaders for crimes that they ordered others to commit and provide a critical tool to dismantle the structure of gangs that are targeting our neighborhoods."

"The Chicago Police Department is committed to making Chicago a safe place to live, work, and play for our residents and we will use all available resources, including the new RICO law, to ensure the safety of communities across the city of Chicago," said CPD Superintendent Garry F. McCarthy. "I commend Mayor Emanuel and Cook County State's Attorney Anita Alvarez for their leadership, State Senator Tony Munoz and Representative Mike Zalewski for their sponsorship, and Governor Pat Quinn for his support of this critical legislation and look forward to the positive effect this action will have in Chicago."

"As a former law enforcement officer, I've seen firsthand how gangs are destroying our neighborhoods," said Sen. Tony Munoz. "The violence and the killing needs to stop for the good our children, our communities, and our city. This law sends a strong message to gangs that they can no longer dodge justice."

"Under this law, judges and juries will be able to see the big picture when it comes to looking at the full impact of gangs in Illinois," Rep. Mike Zalewski said. "Gangs that collectively benefit from crimes should not be able to escape criminal responsibility by letting junior members take the fall."

The law takes effect immediately.

Des Moines, June 6, 2012–The Iowa Supreme Court has approved more than $231,000 in grants to non-profit programs that provide legal assistance to low-income Iowans with civil legal problems. The court awarded grants to fourteen different organizations throughout Iowa. The grants are funded by the Interest on Lawyers' Trust Account (IOLTA) program. The IOLTA program is funded without state appropriations and at no cost to lawyers or their clients. With this year's grants, the Supreme Court has awarded over $23 million in IOLTA grants since the program began on July 1, 1985.

"In the civil justice system, low income Iowans with legal matters such as divorce, domestic abuse or unsafe housing are not guaranteed an attorney and often are unable to afford one," Chief Justice Mark Cady said. "This year's IOLTA grant recipients help to bridge that gap and increase access to justice for those Iowans and help to improve our justice system."

IOLTA grant funds are generated entirely from interest earned on certain pooled trust accounts held by Iowa lawyers. Lawyers practicing in Iowa are required by court order to deposit clients' funds the lawyers hold in interest-bearing accounts. When the funds involved are so small in amount or held for such a brief period of time that it is not possible for the funds to generate sufficient interest to economically benefit the individual client, court rules require that they be deposited in pooled interest-bearing trust accounts.

The IOLTA program is managed by a seven-member commission that reviews grant applications and then makes award recommendations to the supreme court. In the 26-year history of the IOLTA program, most of the grant awards have supported organizations that assist low-income Iowans with civil legal problems. Law-related education projects have also received grants. IOLTA grants do not support criminal legal defense.

The supreme court awarded the following grants for the fiscal year beginning July 1, 2012, and ending June 30, 2013:

Iowa Legal Aid (Des Moines)–$102,900.00

For legal staff to serve regional offices of the grantee in an established program of civil case assistance to low-income Iowans. (Service area: statewide.)

HELP Through Education and Law Program, Inc. (Davenport)–$14,980.00

For legal staff to offer civil legal assistance to indigent and elderly persons, particularly in the areas of domestic relations, community legal education, service to the institutionalized elderly and domestic abuse, and administrative advocacy. (Service area: Scott and Clinton counties.)

Muscatine Legal Services–$5,000.00

For additional legal staff to maintain an existing program of civil legal assistance to low-income residents. (Service area: Muscatine County.)

Legal Aid Society of Story County (Nevada)–$7,000.00

For legal staff support to offset demand for legal assistance for low-income persons. (Service area: Story County.)

Polk County Bar Association Volunteer Lawyers Project (Des Moines)–$26,180.00

For staff for volunteer lawyer referral service in Polk County serving the low-income community. (Service area: Polk County.)

Sioux County Low Fee Panel, Sioux County Bar Association (Sioux Center) –$1,575.00

For funds to provide civil legal assistance for economically disadvantaged individuals in the Sioux County area. (Service area: Sioux County.)

Iowa State Bar Association Public Service Project (Des Moines)–$26,530.00

For staff and technical support to increase the participation of attorneys in existing volunteer lawyer projects for indigent Iowans and provide assistance to legal service agencies. (Service area: statewide.)

Civil Legal Assistance Fund (Mason City)–$5,000.00

For funds to provide civil legal assistance to low-income fathers, mothers, or children involved in dissolution of marriage or modification cases in which other legal assistance is not available. (Service area: Second Judicial District.)

Know Your Constitution Committee of the Young Lawyers Division, Iowa State

Bar Association (Des Moines)–$2,565.00

For funds for the Know Your Constitution Program, to provide education to Iowa high school students about the United States Constitution. (Service area: statewide.)

Clinical Law Program, Drake University Law School Legal Clinic (Des Moines)–$7,280.00

For funds to continue the Poverty Law Internship Program, a clinical law program in which upper level law students intern with legal service providers throughout the state. (Service area: statewide.)

Iowa Legal Aid (Des Moines)–$17,500.00

For legal staff support to continue the Legal Hotline for Older Iowans.

(Service area: statewide.)

Iowa Coalition Against Sexual Assault (Des Moines) –$4,400.00

For funds to support law-related education and attorney training specific to the issues of sexual assault on Iowa youth. (Service area: statewide.)

Iowa Justice For Our Neighbors (Des Moines)–$5,000.00

For funds to provide legal services to low-income immigrants involved in removal proceedings or other immigration-law matters. (Service area: statewide.)

Kids First Law Center (Cedar Rapids)–$2,650.00

For funds to provide legal services to children in high-conflict divorce and custody cases when their parents cannot afford counsel for them. (Service area: Linn and Johnson counties.)

Centerville Community Betterment (Centerville)–$2,500.00

For funds to provide civil legal assistance for economically disadvantaged individuals. (Service area: Appanoose and Monroe counties.)

For further information contact:

Paul H. Wieck II, Director

Office of Professional Regulation

Judicial Branch Building

1111 East Court Avenue

Des Moines, IA 50319

Telephone: (515) 725-8029

Instances of child abuse increase during the summer, with some shelters and child advocacy centers actually doubling their caseloads, according to anecdotal reports.

While these tragedies include everything from neglect to beatings, child advocate  Michelle Bellon, author of The Complexity of a Soldier (www.MichelleBellon.com), says parents and caregivers should be especially alert to one of the most easily hidden and underreported crimes: child sexual abuse. Her novel centers on this epidemic, and aims to raise awareness about it.

"Children may be less supervised during the summer, or they may be in the care of extended family members so their parents can save money on child care," she says. "Both situations put children at risk; the former for obvious reasons and the latter because 90 percent of child sexual abuse victims know the offender."

Child predators are terrorists, Bellon says. Like the terrorists we deploy armies to battle overseas, they prey on innocents and subject them to physical and emotional torture. The consequences can be devastating and lifelong, including post-traumatic stress disorder and separation anxiety, according to the American Psychological Association reports.

"Does this sound like anything else we have heard about since 9/11? To me, it is very similar to what victims of terrorism face, and what soldiers face after fighting wars," Bellon says. "I think child predators should be called what they are - domestic terrorists."

Bellon shares these guidelines from a number of sources, including the Centers for Disease Control, to keep children safe this summer.

• When choosing a summer program, ask about employee (and volunteer) screening and how interactions are monitored. A criminal background check is not sufficient to ferret out sexual abusers, since many have never been charged or convicted. Instead the program should look for warning signs in written applications and interviews. For instance, some predator adults spend all of their time with children and have no significant adult relationships. Policies on interactions between adults and children should include examples of appropriate and inappropriate conduct, and definitive steps for both monitoring and addressing concerns and complaints.

• Ask about the training. Staff and even temporary volunteers should undergo training to recognize signs of sexual abuse and to learn when it's appropriate to report concerns. There should be a designated person to handle reports. Training should be required for staff and volunteers who come on board midway through the summer. Policies should include procedures for handling not just potential abuse, but also violations of the code of conduct for interactions.

• Ask about interactions between older and younger children. Some programs allow older children to serve as "junior counselors" or activity assistants. Ask about the guidelines for these situations, including whether and how long children may be unsupervised by an adult.

• Make sure children understand "personal boundaries." Teach children the importance of recognizing and respecting the invisible barriers that separate them from other people. They should be able to recognize their comfort zone - and that of others! - and know that they can and should speak up about setting limits. Start at home by respecting a child's right to say "no" to physical contact, such as tickling and hugs. Never force a child to kiss a relative.

• Recognize signs of a problem. Children often won't or can't tell you what's happening, but there are signs to watch for, including changes in behavior such as withdrawal or unprovoked crying, night terrors, bedwetting, eating problems, unexplained injuries, suddenly avoiding a particular person, and unusual interest in or knowledge of sexual matters.

About Michelle Bellon

Michelle Bellon earned her associate degree in nursing, and lives with her husband and four children in Olympia, Wash. She is the author of four novels, including "The Complexity of a Soldier," which deals with the issue of child sexual abuse.