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.