For immediate release: June 5, 2007
Contact: Laura Jones (202)-558-7974 x307
Jason Ziedenberg, (202)-558-7978 x312

38 National and State-Based Organizations Voice
“Grave Concerns” for Senator Feinstein’s Gang Bill;
Emphasizes Costly, Stop-Gap Approaches Could Worsen Problem,
Unfairly Targets Undocumented Youth

WASHINGTON, D.C.—Thirty-eight national and state-based organizations expressed “grave concerns” in a joint letter about Senator Feinstein’s “Gang Abatement and Prevention Act” (S. 456) bill which is being discussed in a hearing today. The signatories, which include research and policy organizations, youth advocates, mental health experts, faith-based groups, immigrant rights advocates, and community-based organizations working to reduce youth violence warn that the bill overemphasizes incarceration and suppression at the expense of a more effective approaches, defines “gangs” so broadly that non-criminal youth in groups could be convicted, and unfairly targets undocumented youth.

“We are eager to see sound and reasoned approaches that improve public safety, but this bill could compound violence we are already seeing in some communities by layering ineffective policies on top of deep social problems,” said Justice Policy Institute executive director Jason Ziedenberg.  “Rather than investing in the kinds of approaches proven to reduce youth violence, this bill clings to the failed policies of the past.”

The letter signed from the 38 organizations says that the bill fails to promote a “balanced” approach to public safety.  Of the $240.5 million in appropriations requested by the bill, only 20 percent is allocated for prevention and intervention services, which have been shown to be essential in reducing crime.  Additionally, 21 out of 23 substantive sections of the bill focus on creating new crimes and enhancing penalties for the convicted.  Research suggests that policies relying on juvenile and adult incarceration have failed to curb youth or gang violence, and imprisoning young people may contribute to increased juvenile recidivism.

The overbroad and too-inclusive definition of gangs in the bill will dramatically increase unwarranted federal prosecution of youth of color, and could ensnarl a wide spectrum youth.  If a group of five youth regularly associate, and members of that group commit what could be defined as a gang crime on three separate occasions, all five youth could be prosecuted under the gang laws, even if some of the members never participated in criminal activity.

Experts on immigration policy find that the bill unfairly and unnecessarily targets undocumented youth with enhanced sentences based on immigration status rather than the nature of the crime. The immigrant provisions are unnecessary and duplicative, given that comprehensive immigration reform is being addressed by Congress.

“Youth of all color commit crimes, including gang offenses, at similar rates, but by design, this bill will have a disproportionate impact on youth of color, and will not help stabilize communities already in distress,” said Ziedenberg.  “Instead of continuing the failed federal approach on gangs, Congress should support preventative approaches to delinquency that are proven ways of reducing juvenile recidivism.”

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The Justice Policy Institute is a Washington, D.C.-based think tank dedicated to ending society’s reliance on incarceration and promoting effective and just solutions to social problems.