* Pat Quinn just about lost the Democratic primary because of a botched early release program for violent prison inmates. Quinn overreacted and shut down all early release programs in order to avoid being whacked for crimes committed by parolees. As a result, the prison population spiked upward in 2010 and 2011. The General Assembly has sent him a new bill that reinstates a long-standing early release program that Quinn killed with the now infamous “Meritorious Good Time Push” program. The governor demanded legislation before reinstating any early release plan, but he’s not saying yet whether he’ll sign it, although the betting is that he will…
Prisoner early release programs nearly cost Democratic Gov. Pat Quinn his job two years ago, so he stopped them. Now state lawmakers have sent him a measure that once again would let some nonviolent inmates out before their sentences are finished.
Republicans say it’s a Democratic attempt to provide Quinn with political cover, arguing the governor already has the power to launch an early-release program because his administration runs the Illinois Department of Corrections. If lawmakers set up the guidelines, Quinn could blame them if a freed inmate went on a crime spree, Republicans said.
“If someone is released and they are causing a terrible crime which occurs, it’s easy to blame the legislature,” said Republican Rep. Jim Durkin, a former prosecutor from Western Springs. “To a certain extent, that could be viewed as passing the buck.”
The Quinn administration is remaining mum on the bill, with a spokeswoman saying no other person than the governor will review it.
* The bill faced Republican opposition in the House, but it passed the Senate by a wide margin. However…
The early-release bill had an easier time passing the Senate. Even Sen. Brady, who blasted Quinn on early release during the governor’s campaign, voted for it.
Brady later said his vote was a mistake, that he meant to vote “no” because he thinks the bill gives the prisons chief too much discretion and violates the spirit of truth-of-sentencing guidelines that require a prisoner to serve most of his sentence.
“I didn’t see any merit in what they were expanding,” Brady said. “It just doesn’t smell right to me.”
* As Bill Cosby used to say, I told you that story so I can tell you this one. Ever since the MGT Push debacle, Quinn has been trying to boost his crime-fighting bonafides. As part of that effort, Quinn staged a big, splashy press conference yesterday with Chicago’s mayor and law enforcement to sign the state’s new RICO bill into law…
Local authorities now have the power to go after street gangs as criminal organizations under a new Illinois law.
Gov. Pat Quinn signed the Street Gang RICO Act on Monday.
The federal Racketeer Influenced and Corrupt Organizations Act doles out stiff penalties for acts performed as part of a criminal organization, like the Mafia.
The Illinois law applies the same idea to street gangs. It takes effect immediately.
Cook County State’s Attorney Anita Alvarez is a proponent. She says it’ll help prosecutors go after gang leaders instead of treating gang crimes as isolated events. Her office has started a new division for RICO cases. More than two dozen states have RICO laws.
They may say it’s just about street gangs, but it could be used for a whole lot more than that. From the statute…
(b) “Enterprise” includes:
(1) any partnership, corporation, association, business or charitable trust, or other legal entity; and (2) any group of individuals or other legal entities, or any combination thereof, associated in fact although not itself a legal entity. An association in fact must be held together by a common purpose of engaging in a course of conduct, and it may be associated together for purposes that are both legal and illegal. An association in fact must:
(A) have an ongoing organization or structure, either formal or informal; (B) the various members of the group must function as a continuing unit, even if the group changes membership by gaining or losing members over time; and (C) have an ascertainable structure distinct from that inherent in the conduct of a pattern of predicate activity.
* More…
However, opponents argue the law gives Illinois’ 102 county state attorneys too much power and leaves potential for abuse.
“The fear is that politically elected people can use it politically,’’ said state Sen. Kwame Raoul, a Chicago Democrat, who voted present on the bill. He also said low-level gang members could get swept up in investigations and charged with harsher crimes. […]
The Chicago Crime Commission, a nonprofit organization that studies city crime, applauded the law and said it was long overdue. Arthur Bilek, the commission’s executive vice president, said there had been little evidence in other states of abuse of power on the part of prosecutors.
“The dangers are insignificant compared to the good that bill can bring by finally beginning to put away these vicious violent drug gangs that are really the new mafia of the United States,’’ he said
* Numbers…
The Chicago Police Department said nearly 80 percent of the city’s homicides are gang-related. It also said there are approximately 100,000 Chicago street gang members.
* More numbers…
The violence is nowhere near its historical peak of the early 1990s, when Chicago recorded roughly 900 homicides per year. But from Jan. 1 through late May there were 203 homicides, an increase of more than 50 percent over the 134 during the same period in 2011.
* Cook County State’s Attorney Anita Alvarez…
“We may convict the soldier, but we never get the general. This bill will allow us to attack gangs in a different way.”
* But…
Just as important have been dramatic changes within the gangs themselves.
“In the past the gangs were very organized from the top down,” said Sgt. Matthew Little of the Chicago Police Department’s gang enforcement unit. As more gang leaders are arrested, convicted and sent to prison, the gangs they left behind have become “very splintered,” he said.
Young men on the city’s streets agree.
“There is no one to control this, so it has become haywire,” said Devon Tims, who identified himself as one of the Chicago Vice Lords, making him one of the city’s estimated 70,000 gang members.
So, is the state fighting the last war?
- OneMan - Tuesday, Jun 12, 12 @ 11:15 am:
Yep…
Seems to me the key might be at this point to make it really unattractive to be facing a gun charge in the city. No deals, long terms, etc…
- Liberty_First - Tuesday, Jun 12, 12 @ 11:19 am:
Those gun bans are really working well up there.
- Yellow Dog Democrat - Tuesday, Jun 12, 12 @ 11:27 am:
If you want to understand crime, gang, fashion, and pop culture trends, just look at California.
As I’ve said before, trends start in New York and California and move inward.
Right now, the trends are:
- Greater collaboration between gangs, and between traditional street gangs and The Mob;
- Diversification of criminal activity, away from drugs and toward white collar crimes — especially identify theft — as well as human trafficking/smuggling and prostitution;
- Greater technological sophistication, including use of social media and avatar sites.
When street dealers relied on pay phones, we removed all the pay phones. Now, they can walk in to a store in any neighborhood and by a prepaid “burn phone” that can’t be traced. At the very least, we ought to require all prepaid phones to be purchased with a photo ID. Which you need to get cold medicine.
- mark walker - Tuesday, Jun 12, 12 @ 11:36 am:
After we get some kind of handle on fiscal responsibility, and the right anti-corruption tools, the next great challenge should be a complete overhaul of the criminal justice/corrections system. It is the greatest disgrace in this state, but one most don’t want to look closely at, or take any political risks with.
RICO may look good now, but watch out ten years from now as State Attorneys continue to build their political careers by expanding its reach. The Feds,(e.g. Giuliani) used Federal RICO well against the mob in New York, but then both he and the statutes grew completely out of control.
- Fed up - Tuesday, Jun 12, 12 @ 11:37 am:
Their are 1500-1700 less police in Chicago then 10 years ago. Overall crime is down nationwide at least that is what is reported in New York and milwaukee there have been scandals about covering up and under reporting crime. Murders went down for a while in Chicago but I don’t remember downtown not being safe before. The cost of incarcerating huge numbers of convicts is staggering it will be interesting to try and resolve these problems. No matter what they say about non violent drug offenders, it seems alot of drug disputes turn violent.
- Rich Miller - Tuesday, Jun 12, 12 @ 11:39 am:
===No matter what they say about non violent drug offenders, it seems alot of drug disputes turn violent. ===
Agreed.
But if it was legal, do you think Walgreen’s would order the firebombing of CVS’ stores?
- 47th Ward - Tuesday, Jun 12, 12 @ 11:51 am:
It seems to me like the federal RICO statutes could be used but for some reason, the feds aren’t terribly aggressive in tackling street gang crimes, although there have been some high profile busts.
The heart of street gang activity is the sale of drugs, especially cocaine and heroin, which enter the country from elsewhere. That provides the feds with jurisdiction and if they spent the resources necessary to trace the cash coming in and going out, it would be easier to establish the organizational structure that includes legitimate banks and businesses as well as gang leaders who recruit minors to sell dope on the corner.
With billions being exchanged every month, you’d think it would be a priority to trace the funding from the black market into the legitimate market and put a hurt on this business. Given that, I’m not sure this state law will do much.
Moreover, a lot of street gang leaders are running their organization from prison. It doesn’t seem like this law will put a stop to that problem either.
- Cook County Commoner - Tuesday, Jun 12, 12 @ 12:01 pm:
“We may convict the soldier, but we never get the general. This bill will allow us to attack gangs in a different way.”
An there’s always a private aspiring to become general. Sounds like more Whack-a-Mole. Seems like the root causes such as deteriorated housing, poor schools, loss of the nuclear family, lack of jobs, lack of adequate policing are translating into more work for government and private lawyers without a bit of relief for the people who reside in the little Beiruts of Chicago.
Seems like policing at least needs to be elevated triple-fold on a 24 hour basis during the warm months. No money for that. So you get a law.
- OneMan - Tuesday, Jun 12, 12 @ 12:02 pm:
== But if it was legal, do you think Walgreen’s would order the firebombing of CVS’ stores? ==
No but I bet campaign contributions to Alderman who have zoning control would go way up
- Ken in Aurora - Tuesday, Jun 12, 12 @ 12:03 pm:
===But if it was legal, do you think Walgreen’s would order the firebombing of CVS’ stores?===
Well, if you listen to my friend who is a head pharmacist at a Walgreens…
- Chris - Tuesday, Jun 12, 12 @ 12:09 pm:
“It seems to me like the federal RICO statutes could be used but for some reason, the feds aren’t terribly aggressive in tackling street gang crimes”
For jurisdiction to be clear, the underlying crimes need to include at least *one* federal crimes. We (meaning you, me, those more liberal *and* more conservative) don’t really want a federal police force mixed up in “everyday” crime.
And this law is about nailing the adults who are using kids as the perps, because even if they are caught, they don’t do real time–it’s to make clear that the gang “leader” who puts 3 fifteen year olds up to home invasion, or shooting or whatever can be prosecuted and (if convicted) put away for real time.
The thought (which is a decent one) is that if we close that gap in the law, there is less incentive to use the kids, and maybe we keep a few more out of gangs, and can decrease the cycle just a little. I doubt it’s a panacea, but it’s an issue where even a little bit of positive effect is worth the small cost.
- Anyone Remember? - Tuesday, Jun 12, 12 @ 12:18 pm:
Beware the law of unintended consequences … in Idaho, some locally elected officials tried to use the Federal RICO statute to go after employers of illegal aliens
http://trib.com/business/idaho-officials-weigh-rico-lawsuit-over-illegal-workers/article_ce4e25c0-148c-5d9e-90f0-1b006c2c5da9.html
Federal Courts did not allow it
http://www.idahopress.com/news/supreme-court-kills-county-s-rico-lawsuit/article_5735a923-7e06-57f5-be27-f54a3d488baf.html
The point here is this law may be used in totally unintended or unimagined ways … .
- Shore - Tuesday, Jun 12, 12 @ 12:59 pm:
There would never have been a crime spike in an adam andrzejewski administration.
- reformer - Tuesday, Jun 12, 12 @ 1:14 pm:
I agree with Mark Walker about the expansion of the federal RICO statute.
Former Gov. Don Siegelman of Alabama is a high-profile victim of partisan prosecution. Siegelman was charged in 2005 under federal RICO for taking a bribe that was neither to Siegelman personally nor to his campaign fund.
A businessman donated to pro-lottery campaign the governor favored. The Governor later re-appointed the donor to a nonpaying commission on which he had been serving during the terms of 3 previous governors.
The appeal is now before the US Supreme Court to sort out whether such a donation constitutes an illegal bribe as well as a RICO conspiracy.
If every governor or president who ever appointed a donor to a commission or ambassadorship were charged under RICO, then the Siegelman prosecution might not appear so arbitrary.
- amalia - Tuesday, Jun 12, 12 @ 2:37 pm:
don’t know what is meant by the last war, but it is a war that is getting increasingly difficult….read the Tribune today about the Zeta cartel. truly frightening.
it is very easy to get caught up in the wave of anecdotal information of cases in which there are mistakes, those convicted with problematic evidence, etc. but the number of these kinds of cases is minute in comparison to the entire number of crimes that the system in Illinois processes each year, especially in Cook County. another Tribune article yesterday explained that the average felony trial call at all courtrooms at 26th and California is 300 felony cases all the time. a staggering number.
it is important to have greater tools to fight crime generally, to get things right, to convict those preying upon the public, and especially because there are criminals who are getting more and more violent.
- johhnypizza - Tuesday, Jun 12, 12 @ 2:52 pm:
“Seems to me the key might be at this point to make it really unattractive to be facing a gun charge in the city. No deals, long terms, etc…” After watching the news out of Chicago the last several days, I think I need to carry concealed in Chicago to defend against roaming bands of juveniles “gang bangers?” intent on beating me up and robbing me. Better yet, I will just stay out of Chicago. Downstate needs my money more anyway.
- Yellow Dog Democrat - Tuesday, Jun 12, 12 @ 2:57 pm:
According to the Feds, we are actually doing alright when it comes to the NUMBER of police in Chicago.
However, if fewer were on bikini patrol at North Avenue Beach or hanging out on Division Street, and maybe in Lawndale or Englewood….
- Fed up - Tuesday, Jun 12, 12 @ 4:37 pm:
Ydd
Law dale and englewood have more police then any neighborhood in the city. They both have more police assigned then Naperville or Rockford have on their whole police force. Their has been limited success in flooding these areas with police ofc’s but the neighboring districts have suffered has crime has migrated to the districts right next door.
- wishbone - Tuesday, Jun 12, 12 @ 5:11 pm:
Just as the mafia was protected by the see no evil, hear no evil, speak no evil practice of the Italian-American community in the last century, urban gangs benefit from the same protection by today’s African-American community. Jesse Jackson likes to blame a Dolton gun store for Chicago’s violence when the real problem is the studied silence of his own community.
- wordslinger - Tuesday, Jun 12, 12 @ 5:30 pm:
–For jurisdiction to be clear, the underlying crimes need to include at least *one* federal crimes.–
Tax evasion. Next.
===No matter what they say about non violent drug offenders, it seems alot of drug disputes turn violent. ===
Prior to the Crack Wars of the 90s, the most violent era in Chicago was the Beer Wars of the 20s.
Budwesier and Miller kingpins aren’t gunning each other down in the streets with Tommy guns.
- Statesman - Tuesday, Jun 12, 12 @ 9:11 pm:
Wonder what Ald Ric (LK) Munoz thinks about the RICO laws on gangs