MINUTES
SENATE COMMITTEE ON GANGS & JUVENILE JUSTICE (INTERIM)
Thursday, March 26, 1998
9:00 am
The University of Texas at San Antonio
*****
Pursuant to a notice posted in accordance with Senate Rule
11.11, a public hearing of the Senate Committee on Gangs &
Juvenile Justice (Interim) was held on Thursday, March 26,
1998 at The University of Texas at San Antonio.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Royce West None
Senator Robert Duncan
Senator Chris Harris
Senator Jon Lindsay
Senator Mike Moncrief
*****
The Chair called the meeting to order at 9:10 pm. There being
a quorum present, the following business was transacted.
The following members arrived after the roll was called:
none.
Senator West and Senator Harris made opening remarks.
Sam Kirkpatrick, President, University of Texas at San
Antonio: Mr. Kirkpatrick gave a brief opening statement
welcoming the committee and those in attendance.
Judge Andy Mireles, State District Court Judge, 73rd Court:
Judge Mireles spoke about the 20% decrease in crime in the
City of San Antonio. Judge Mireles credited the citywide
cooperative progressive sanctions for the reduction in general
and violent crime. Judge Mireles stated that five to six
thousand children have had some experience with the criminal
justice system. Judge Mireles gave an overview of the Court
Master system in the 73rd District Court. The Court master's
duties include: 1.) hearing of pleas; 2.) hearing non jury
cases; 3.) reviewing detention lists; 4.) presiding over
detention cases; 4.) appointing attorneys to those who qualify
for free legal counsel; and 5.) hearing misdemeanor cases.
The court master system is also used in abuse and neglect
cases. Judge Mireles stated that 70% of the cases filed in
his court are misdemeanors. Ninety- nine percent of the cases
that come before his court are handled by court appointed
attorneys.
Judy Briscoe, Chief of Staff, Texas Youth Commission: Ms.
Briscoe gave an overview of population figures of the Texas
Youth Commission. At the present time population levels are
at 162% or 12% over projection. General offenders account for
65% of the TYC population. The larger counties of the state
account for the majority of commitments to TYC, 1540. One
thousand and forty are significantly over the projected levels
for the fiscal year. An emergency population plan was put in
place which has alleviated some of the population concerns.
Judge Carmen Kelsey, State District Court Judge, 289th Court:
Judge Kelsey recommended at-risk services be tailored to the
specific individual rather than fitting all juveniles into the
same programs. Judge Kelsey stated that she knows that there
are many programs that exist in the City of San Antonio but
those services are scattered and hard to access. Judge Kelsey
recommended creating a liaison of some sort to refer judges
and individuals to agencies that deal with employment, mental
health, truancy, homelessness, etc . . . to help juveniles as
well as their families. Judge Kelsey believes that judges need
a specific entity to make referrals to. This entity would be
able to access services for those who need them. Judge Kelsey
also stated that she agreed with the Senator, we need more
prevention programs for youth and their families instead of
waiting to use intervention.
Dave Reilly, Chief Juvenile Probation Officers, Bexar County:
Mr. Reilly spoke about prevention and intervention measures
used by the San Antonio Juvenile Probation Department. Mr.
Reilly would like the state to focus on family-based
intervention in order to help at-risk youth and their
families. Another integral part of helping youth is the
delivery of actual services. Mr. Reilly stated that the funds
that are provided for these programs should be flexible to
meet the needs of the locality. Mr. Reilly suggests intensive
home-based services as opposed to traditionally based
services.
Ray Hamilton, Vice President of the Greater San Antonio Crime
Prevention Commission: The most pressing need in the City of
San Antonio and the state is the need for communications
between law enforcement agencies across the state, in order to
keep track of gang members. The City of San Antonio advocates
the creation of a statewide gang database information system
to keep track of gang members and their associates. Another
area of concern is the need for gang intelligence from
schools. Under the current Education Code, school districts
are required to report criminal activity that occur on
campuses to the police department. Currently, the police
department is receiving very little information on crimes from
the school districts in the area. The Commission would like to
see the Education Code amended to provide penalties for not
reporting crime that occurs on school campuses.
John R. Dyer, San Antonio Police Department: Officer Dyer
spoke about criminal information systems (statewide gang
database). To be entered into the file as a gang member an
individual must meet one of the following seven criteria:
a. Subject admits being a gang member.
b. A reliable person identifies another individual as a
gang member.
c. A person of untested reliability identifies another
person as a gang member and
it is
corroborated by independent
information.
d. An individual resides in or frequents a particular
gang area and this affects his/her style of dress,
use of hand signs, symbols or tattoos, and associates or
is photographed with known gang members.
e. When an individual has tattoos, wears or possesses
clothing and /or other paraphernalia that is only
associated with a specific gang.
f. An individual is arrested for participating in
delinquent or criminal activities with know
documented gang members.
g. Associate.
Officer Dyer recommended: 1.) implementation of a statewide
database to aid the investigation of gang related or motivated
crimes; 2.) retaining gang records for a minimum of five
years; and 3.) document gang associates.
David Johnsen, San Antonio School District Police: Officer
Johnsen spoke about information sharing between the school
district police and the public police department. Officer
Johnsen stated that the San Antonio school district is one of
the few districts in the area that actually shares information
with the San Antonio Police Department.
Alton Moyer, roofer, ex gang member: Mr. Moyer spoke about
the service programs in San Antonio which were unable to help
him until he was introduced to Project X Tattoo. Mr. Moyer
spoke about how Project Ex Tatoo has helped change his life.
Officer Mary D. Cotner, Bandera Police Department: Officer
Cotner narrated a spanish video on Project X Tattoo.
Officer Shannon Robles, Bandera Police Department: Officer
spoke about how she started Project X Tattoo. Officer Robles
would like to implement Project X Tattoo across the state.
Officer Len Holt, Bandera Police Department: Officer Holt
spoke about Project X Tattoo, which operates in conjunction
with juvenile probation. The program allows gang members to
remove gang tattoos to aid them in becoming productive members
of society. The program also provides job training and other
services to help gang members become a productive part of
society. Officer Holt recommended that the program be
advertised/publicized in the state of Texas and nationally.
Officer Holt also recommended placing the program in state
jail facilities.
Chris Marchini: Mr. Marchini spoke about his life in a gang
and how he has been helped by Project X Tattoo.
Howard Baldwin, Deputy Director, Department of Protective and
Regulatory Services: Mr. Baldwin pledged to help the
Department of Protective and Regulatory Services to publicize
Project X Tattoo.
Ken Starrs, Corpus Christi Police Department: Officer Starrs
would like to see the legislature amend the Penal Code.
Officer Starrs recommended placing a parental responsibility
enhancement provision in the Penal Code. He would also like
to see a provision in the Penal Code that provides for
counseling of the parent and curfew violator at the time of
the violation. Officer Starrs also wants to develop a process
to identify peripheral gang members in order to get them help
before they become hardcore members. (Two contacts with the
police department plus meeting one gang member criteria would
make an individual a suspected gang member). Officer Starrs
stated that prison gangs are becoming a problem in Corpus
Christi. To help combat this problem he would like the state
to create a condition of probation that would prohibit prison
gang members from associating with street gang members. Mr.
Starrs would also like to see the creation of a statewide gang
database. Mr. Starrs also brought to the committees attention
that prison gang letters are beginning to surface at TYC. TYC
has no system in place to monitor gang letters. TDCJ already
has the ability to view such letters.
Malcolm Mathews, Community Youth Development: Mr. Matthews
spoke about prevention programs that the Parks and Recreation
Department of San Antonio provides to area youth. Mr. Mathews
also spoke about the positive impact the Community Youth
Development programs have had in his community by providing
programs and federal monies to the community. Mr. Mathews
recommended a 3 prong attack to help at risk youth in the
state that would encompass using prevention and intervention
programs as well as enforcement. Components this attack
should include:
a. the creation of The Commission on Children and Youth
which would help coordinate prevention and
intervention programs to better serve those in need and
to avoid overlapping and
underutilization of services.
b. form a collaboration between the Texas Department of
Parks and Wildlife and local
parks and recreation departments to provide
services to at-risk youth.
c. pursue state and federal funds (expansion of state
grant programs to include block grants), as
well as obtaining liability waivers for youth service
providers.
Ralph Rayburn, Texas Department of Parks and Wildlife: Mr.
Rayburn spoke about the sports sales tax of which a portion is
distributed to local parks/recreation departments as well as
state parks across the state.
Elana Velazco, Corpus Christi Adult Probation Department: Ms.
Velasco spoke about the success of curfew checks in the Corpus
Christi area. Ms. Velasco would like the authority to search
probationers homes during curfew checks. Ms. Velasco would
also like to see increased funding which would allow the
department to hire more probation officers, increase training
for probation officers and provide life skills programs for
gangs members.
David Tapscott, Nueces County Juvenile Probation Department:
Mr. Tapscott presented the Nueces county crime statistics.
The crime rate in Nueces county has been on a steady decrease
since 1985, due in part to prevention and intervention
programs as well as enhanced penalties. Mr. Tapscott
recommended a statewide tracking system that would track
juvenile offenders all over the state.
Joe Munoz, San Angelo State University: Mr. Munoz spoke about
the scholarship program he helps administer at the San Angelo
State and how his program has helped at-risk students achieve
in a university setting.
Ramon Vasquez & Jose Gonzales, the Good Samaritan Center, San
Antonio: Mr. Vasquez and Mr. Gonzalez both spoke about the
programs administered by the Good Samaritan Center. The
Center provides programs, addresses many issues of inner city
life such as conflict resolution skills, vocational services
and other skills needed to get through life. The program has
been in existence for three years. Since the programs
inception, it has been credited for the 95% reduction in drive
by's and gang related crime on the westside of San Antonio.
The Center has worked with CYD to reach at-risk youth but is
in need of additional funds to provide more outdoor activities
and to better serve the community.
Marguerite Campa, Ronnie Lister, Rev. Alex Steinmiller, San
Antonio Life Directions: Ms. Campa and Mr. Lister spoke about
their prevention program, Life Directions. The program puts
people from all walks of life together in an environment in
which they will have to work together to succeed. This type
of program stresses team work. The program currently exists on
five campuses in the San Antonio area.
Thomas Chapmond-DPRS.
San Antonio area CYD and Star Providers:
Jerome Beatty, Roy Maas' Youth Alternatives, San Antonio
Carolyn Stoval, Baptist Children's home Ministry, San Antonio
Augustin Beltran, The Patricia Movement, San Antonio
Darlene Hicks and Lynda Rodriguez, Teen Connection, New
Braunfels
Kevin Dinnin, Baptist Child & Family, San Antonio
JoAnn Penvelaz, CYD, San Antonio
--spoke about what their programs do to provide services to at
risk youth.
The committee adjourned 4:00.
Respectfully submitted,
Janna Burleson, Committee Director
Royce West, Chairman