REPORT OF THE VERMONT GANG ACTIVITY TASK FORCE TO THE VERMONT GENERAL ASSEMBLY January 15, 2013

This report represents the cumulative results of the work of the Vermont Gang

Activity Task Force in response to appointment by Governor Peter Shumlin. This

work was conducted by the Task Force from September 2012 through January

2013.

Authored and edited by Barbara Crippen, Sharon Davis, Glenn Hall, Craig Nolan, Robert A. Pelosi, John Treadwell

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Contents

MEMBERS OF THE GANG ACTIVITY TASK FORCE ........................................................................... 2

INTRODUCTION ........................................................................................................................................ 3

WHO JOINS GANGS? ................................................................................................................................. 3

WHY DO YOUTHS JOIN GANGS? ........................................................................................................... 4

WHAT DO WE KNOW ABOUT GANGS IN VERMONT? HOW SERIOUS IS THE PROBLEM IN

VERMONT? ................................................................................................................................................. 4

CURRENT AND PROPOSED EFFORTS TO REDUCE GANG ACTIVITY IN VERMONT ................. 6

Public Awareness ...................................................................................................................................... 6

School Resource Officers ......................................................................................................................... 6

Professional Clinical Violence Risk Assessments for Adolescents ........................................................ 10

Law Enforcement .................................................................................................................................... 11

What is law enforcement doing to reduce gang activity? ................................................................... 12

Laws Useful for Disrupting Gang Activity ............................................................................................. 13

The Vermont Center for Crime Victim Services .................................................................................... 15

General information about Vt. Victim's Compensation Program: ...................................................... 15

Gang Violence Perpetrated Against Innocent Victims ....................................................................... 15

Gang Violence Perpetrated by a Gang Member Against Another Gang Member .............................. 15

Identified services needed by victims of gang activity ....................................................................... 16

NEXT STEPS ............................................................................................................................................. 16

BIBLIOGRAPHY ....................................................................................................................................... 17

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MEMBERS OF THE GANG ACTIVITY TASK FORCE

Tom Curran Vermont Liquor Control

Sharon Davis Vermont Crime Victim’s Services

Greg Hale Department of Corrections

Glenn Hall, Chairperson Department of Public Safety

Representative Bill Lippert Representative appointed by the speaker of the house

Dan Maguire Vermont Bar Association

Erica Marthage Bennington County State’s Attorney

Craig Nolan United States Attorney’s Office

Senator Dick Sears Senator appointed by the president pro tempore

John Treadwell Vermont Attorney General’s Office

(Governor’s Appointees)

Timothy Bombardier Barre City Police Department

Barbara Crippen Department of Education

Robert Pelosi Health care community (Mental Health)

Chad Schmidt Bennington County Sheriff’s Department

Bob Wetherby Business community

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INTRODUCTION It is suspected that gang activity is increasing in Vermont. Much of the evidence is anecdotal,

and there appears to not have been any statewide concerted efforts to gather and evaluate the

separate pieces of research that may exist relative to gang activity in Vermont. What follows is a

brief review and some recommendations, based primarily on anecdotal evidence, and a cursory

review of some of the literature. Thus, much of this initial study is speculative. Fact is, we do not

know enough about gang activity in Vermont to move aggressively from research to

comprehensive intervention. As a state, we simply need more facts. Some portion of what we

know or believe is delineated below.

There does exist an ample amount of research into gang culture. As a society, we (globally)

know who tends to join gangs, how these members are recruited and maintained. There also

exists a large body of knowledge as to effective intervention strategies. Our task, then, in

Vermont, is to develop a vehicle by which we examine the existing programs and research,

determine their applicability to Vermont, and to determine what specific strategies would most

optimally be applied here, followed by appropriate funding and implementation.

WHO JOINS GANGS?

The United States Department of Justice tells us some interesting statistics about who joins

gangs:

► Recruits generally range in age from 12 to 24 years

► Most members are boys, but 10 percent of all gang members are girls

► All ethnic groups and income levels are represented; gangs are found in all parts of the

country (Justice)

The Department of Justice further tells us that recruitment activities occur in various settings:

►18.6% Meeting in a controlled setting (Juvenile detention, probation office, program)

►22.3% New friends in school

►41.1% Friends in the neighborhood

►17.9% Meeting new friends at parties

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WHY DO YOUTHS JOIN GANGS?

In Juvenile Justice Journal, Howell identifies a particular set of factors that increase the

likelihood that a youth may affiliate with a gang:

Individual Risk Factors

Family Risk Factors

School Risk Factors

Peer Group Risk Factors

Community Risk Factors

Howell summarizes risk factors:

Children who are on a trajectory of worsening antisocial behavior, including child

delinquency, are more likely to join gangs during adolescence. Gang members tend to

have more risk factors than other serious and violent offenders, and these factors can

often be placed in multiple developmental domains. In essence, one can think of gang

entry as the next developmental step in escalating delinquent behavior (Craig et al., 2002;

Esbensen and Huizinga, 1993). Gang membership is not a product of several specific risk

factors, but the result of the accumulation of many varied kinds of risk factors (Krohn and

Thornberry, 2008).

Risk factors in each of the five developmental domains operate collectively to increase

youth’s propensity to join gangs. Youth who initiate delinquent behaviors and exhibit

aggression or violence at an early age (individual); experience multiple caretaker

transitions (family); have numerous school-related problems (school); associate with

other aggressive, gang-involved delinquents (peers); and live in communities where they

feel unsafe and where many youth are in trouble (community) are at a higher risk of

joining a gang. (Howell, Juvenile Justice Bulletin, 2010)

WHAT DO WE KNOW ABOUT GANGS IN VERMONT? HOW SERIOUS IS THE

PROBLEM IN VERMONT?

Despite the availability of a significant body of knowledge on a national and international level,

there appears to have been little formal study of gang activity in Vermont. It is speculated,

primarily through anecdotal evidence and the experiences of various law enforcement, penal,

mental health, educational and social service professionals that gang activity is on the rise here.

Some examples are:

Tuesday, police arrested 10 people for allegedly selling drugs out of a . . . Chester

apartment. Investigators say $20,000 in cash was stashed in the toilet, VCR and

their child's bedroom. Police say they also seized $30,000 in drugs. They believe

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Vermonter . . . as well as seven New Jersey men were helping the couple sell

crack cocaine, heroin and OxyContin to hundreds of customers in the greater

Springfield area.

"They're all coming up from the city, have made some local connections here and

have basically moved in, taken over an apartment and have been using it for their

distribution network," Phelps said.

. . . Police say Smith used her 3-year-old son as a shield when armed officers

raided her home. Now that the crew is in custody and the little boy is in the state's

care, Hart says he can finally sleep soundly.(Jennifer Reading - wcax.com, 2012)

RUTLAND, Vt. - In a city of fewer than 17,000 residents that counts skiing as a

major industry, many Rutlanders were incredulous when local police and city

officials held forums to warn them of the existence of youth gangs, a problem

most identified with major cities like Boston and New York.

. . . "Some people felt that if we hadn't done anything, nothing would have

happened," he said. But a violent rumble 12 years ago led police to the discovery

that members of the East Coast Los Solidos were operating a marijuana selling

scheme and recruiting among local youngsters. Rutland and its city government,

headed by the board of aldermen, drew a line in the snow. The tiny city hired

extra police, formed its own gang unit and, with help from federal anti-gang

authorities, made life thoroughly miserable for Los Solidos.

"We took the position of having a zero tolerance," said Lamoria, who worked on

the gang unit, as well as a regional anti-gang task force to combat gangs

throughout Vermont. "We consulted the experts, we identified the gang members

and we got in their faces."

Police made it a point of making themselves visible to known participants. Often

suspected gangbangers would emerge from their homes to be startled by a

greeting from a Rutland cop, Lamoria said. "They basically knew they weren't

going to do anything without one of us getting in their face," Lamoria said. "It got

to the point where they figured out this wasn't a place where they wanted to be."

Ultimately, police uncovered the gang's organizational scheme, penetrated its

membership and arrested one of its kingpins, and Los Solidos began to fade from

the Vermont criminal scene . . .

Today, Lamoria said, it wouldn't be surprising if the Rutland area still included at

least a few people who style themselves as gang members or even one or more

small, homegrown gangs. But there's no sign of a continued presence by Los

Solidos or any other hardcore gang with national credentials. It could have been

much different. "There's no doubt in my mind that if we hadn't done what we did,

today we might be in the same position as Holyoke or Springfield," Lamoria said.

"We couldn't let it happen." (Foster, 2006)

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Andy Pallito, the Commissioner of the Department of Corrections, told

lawmakers at a hearing on Thursday that there has been a worrying rise

in prison gang activity over the last year. ―We have members in our

facilities in Vermont that are members of very high level gangs that we

cannot send out of state,‖ Pallito said. . .

. . . Sen. Dick Sears, D-Bennington, said Pallito’s testimony reinforced

the ―scope of the problem‖ of Vermont gang activity. ―It’s very hard to

operate a facility, to keep people safe, when gang activity is at the level

the commissioner is talking about,‖ Sears said. ―Our No. 1 obligation is

at least to keep people safe within our correctional facilities.‖

(Rudarakanchana, 2012)

CURRENT AND PROPOSED EFFORTS TO REDUCE GANG ACTIVITY IN

VERMONT

Public Awareness This task force was particularly asked to address the issue of public awareness of gang activity in

Vermont. We know that anecdotal evidence indicates that gang activity here is on the rise,

especially as connected to the drug trade. Development of a statewide public awareness

campaign would be a recommended course of action. Such a campaign would require

demographic research, research of other state’s public awareness campaigns, and identification

of appropriate personnel and funding.

School Resource Officers Vermont has approximately 40 school resource officers (SROs) statewide who are certified

active duty law enforcement officers. SROs are employees of the local police department or

sheriff’s office who are provided to school systems in accordance with contracts between the

local law enforcement agency and the school district. The SRO is at all times acting as a police

officer under the supervision of his/her Chief but s/he serves as a team member with school

administration, faculty and staff. SRO duties within the school can vary according to the

contract but generally SROs: utilize law enforcement powers to investigate crimes that may have

occurred at school; teach health and safety classes; provide classroom presentations and

discussion periods with students in other areas of mutual concern; conduct group conferences as

a restorative approach to conflict resolution; and frequently assist uninformed parents and

students in navigating social service systems and accessing services. SROs are also directly

involved in crisis planning, act as liaisons with the Department of Public Safety and are often

first responders when a direct threat reaches our schools.

The overarching goal of SROs is to help youth and families make positive choices and avoid the

criminal justice system. SROs provide an invaluable opportunity for students to develop an

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acquaintance with a law enforcement officer in an informal, non- threatening manner. They

converse privately with students at school when students have personal questions or concerns

relative to the law, school and community.

SROs are uniquely situated to educate students and their families about gang violence and to

obtain information about gang activity and gang recruitment that students may not necessarily

share with other adults. SROs should be integral to public awareness campaigns, prevention

programs and education efforts. The task force therefore recommends a statewide effort to

promote increasing the number of SROs in schools.

Proactive Prevention Programs

There is voluminous research across the nation into effective prevention models and programs.

Such an initiative must begin with an understanding of the problem and of the local community.

Howell states:

When starting a program for delinquency and gang prevention, a community should

conduct a gang-problem assessment to identify elevated risk factors that lead to child

delinquency and gang involvement. Communities must define youth gangs, locate them,

and identify and target the youth who are at greatest risk of joining. (Bjerregaard, 2002;

Esbensen, Winfree, et al., 2001; Howell, 2009).

Because every community has its own characteristics, each must agree on a unique definition

that will guide its data collection and strategic planning. The following are widely accepted

criteria among researchers for classifying groups as youth gangs (Bjerregaard, 2002; Curry and

Decker, 2003; Esbensen, Winfree, et al., 2001; Howell, 2009; Klein, 1995; Oehme, 1997; Miller,

1992; Spergel, 1995):

• The group has three or more members.

•Members share an identity, linked to a name and, often, other symbols.

•Members view themselves as a gang, and others recognize them as a gang.

•The group has some permanence and a degree of organization.

The group is involved in an elevated level of criminal activity.

As part of its Comprehensive Gang Model, OJJDP has published A Guide to Assessing Your

Community’s Youth Gang Problem

www.nationalgangcenter.gov/Content/Documents/Assessment-Guide/Assessment-Guide.pdf), a

user-friendly resource to assist communities that are conducting a gang-problem assessment

(Office of Juvenile Justice and Delinquency Prevention, 2009a). This guide simplifies the data-

collection process, helping communities determine types and levels of gang activity, gang crime

patterns, community perceptions of local gangs and gang activity, and gaps in community

services for gang prevention.

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Ideally, the assessment should provide an understanding of the ―evolution of gangs in time and

space‖ within the city, community, or neighborhood (Hughes, 2006). To help communities

understand their unique gang situation, an assessment should answer these questions:

• Who is involved in gang-related activity and what is the history of these gangs?

• What crimes are these individuals committing?

• When are these crimes being committed?

• Where is gang-related activity primarily occurring?

• Why is the criminal activity happening (e.g., individual conflicts, gang feuds,

gang members acting on their own)?

In addition to helping communities answer these questions, OJJDP’s Comprehensive

Gang Model promotes a problem-solving approach to gang-related crime, asking

communities to identify:

• Neighborhoods with many risk factors for gang involvement.

• Schools and other community settings in which gangs are active.

• Hot spots of gang crime.

• High-rate gang offenders.

• Violent gangs.

Subsequent to the above assessment, program development may occur in response to the

identified demographics and needs. Again, various models for prevention programs exist.

One model framework is suggested by Howell in Juvenile Justice Journal:

The next step is to identify program gaps and develop and coordinate a continuum of

prevention and intervention program services and sanctions, in concert with a targeted

strategy of community and government agency responses to serious and violent gang

activity. Prevention and intervention services should be directed to the neighborhoods,

schools, and families from which gangs emanate. (Howell, Juvenile Justice Bulletin,

2010)

Current research suggests three distinct strategies for early intervention with

predelinquents and delinquents. The first strategy is to intervene at the individual level

with at-risk children, particularly disruptive children. The second strategy is family

prevention, and the third strategy is school- and community-level prevention (see

Farrington and Welsh, 2007, and Welsh and Farrington, 2007, for illustrations of these

strategies with research-based delinquency prevention programs).

If these intervention strategies address risk and protective factors at or slightly before the

developmental points at which they begin to predict later gang involvement and other

problem behaviors, they are more likely to be effective (Institute of Medicine, 2008).

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A balance of prevention, intervention, and suppression strategies is important for success

in any community. (Office of Juvenile Justice and Delinquency Prevention, 2008;

Spergel, Wa, and Sosa, 2006; Wyrick, 2006; Wyrick and Howell, 2004). Prevention

programs target youth at risk of gang involvement and help reduce the number of youth

who join gangs. Intervention programs and strategies provide sanctions and services for

younger youth who are actively involved in gangs to push them away from gangs. Law

enforcement suppression strategies and intensive services target and rehabilitate the most

violent gangs and older, criminally active gang members.

• Group 1 represents serious, chronic, and violent gang and nongang offenders.

These offenders make up a relatively small portion of the population, but commit a

disproportionately large share of illegal activity. Members of group 1 are candidates for

targeted enforcement and prosecution because of their high level of involvement in crime

and violent gangs and the small probability that other strategies will reduce their criminal

behavior. These individuals may represent as few as 4 to 8 percent of offenders, but they

may account for the majority of all adolescent crimes in some communities (Loeber and

Farrington, 1998).

• Group 2 consists of gang- involved youth and their associates, who make up a

relatively larger share of the population. These youth are involved in significant levels of

illegal activity but are not necessarily in the highest offending category. They typically

range in age from 12 to 24 years old. Members of group 2 are candidates for intensive

treatment services and supervision. Such services should include group therapy, family

therapy, mentoring, and cognitive-behavioral therapy—consisting of as much as 40 hours

of direct contact over a 130-day period (Deas, 2008).

• Group 3 is made up of high-risk youth—7- to 14-year-olds who have already

displayed early signs of delinquency and an elevated risk for gang membership but are

not yet gang involved. Most of these youth will not join gangs, but they represent a pool

of candidates for future gang membership. Members of group 3 are candidates for

secondary prevention services, which are less intensive than those provided to group 2

but more intensive than those provided to youth in the community at large.

• Group 4 represents all youth living in a community where gangs are present.

These four groups should be targeted with the four basic strategies for combating gangs.

Members of group 4 receive primary prevention services. Primary prevention refers to

services and supports that reach the entire population in communities with large amounts

of crime or gang activity (Wyrick, 2006). These efforts address needs or risk factors and

are available to all youth and families in a community. Government, local schools,

community organizations, or faith-based organizations may deliver these services.

Examples of primary prevention include public awareness campaigns, one-stop centers

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that improve access to public services, schoolbased life skills programs, community

cleanup and lighting projects, and community organizing efforts.

Secondary prevention refers to programs and services directed toward youth who have

already displayed early signs of problem behavior and are at high risk for gang

involvement (Wyrick, 2006). As Wyrick explains, for many people, this group is

recognized as the top prevention priority because youth in this group are most likely to

confront the decision of whether or not to join a gang in the near future. If secondary

prevention programs offer attractive alternatives, they can provide socially rewarding,

healthy, and accessible social opportunities that serve to divert a youth’s time and

attention from the gang lifestyle. In addition, ―effective support systems are necessary to

address specific social, emotional, and psychological needs and challenges faced by

adolescents,‖ particularly high-risk adolescents (Wyrick, 2006, p. 56). Last, Wyrick

emphasizes, program staff must hold adolescents accountable for their behavior; program

staff should demonstrate and enforce clear expectations for appropriate behavior.

(Howell, Juvenile Justice Bulletin, 2010)

Prevention, then, begins with diverting gang recruitment among the state’s youth population. We

do know that gang membership is not limited to youth. It is often multi-generational, with gang

membership extending even into the senior years. Primarily, however, gangs continue to grow by

the recruitment of at-risk youths and young adults. Thus, the primary focus of our prevention

efforts must be among that portion of the population, working within the existing service

infrastructure (i.e. DCF, DMH, DOE, etc.), and considering new additions to that infrastructure

where appropriate.

Professional Clinical Violence Risk Assessments for Adolescents Schools and agencies face an increasing need to identify youths who may be at risk for episodes of

interpersonal violence. In response to increasing requests for assessments of the violence potential of

particular adolescents, certain clinical protocols are available and are appropriate for select individuals

who have been identified by schools, courts and/or social service agencies as potentially at risk for a

violent act.

No clinician can predict whether any given child will or will not engage in violent behavior. However,

with a combination of clinical interviews and specifically-targeted measurement tools, it is possible to

reasonably identify whether a particular adolescent presents with a number of the commonly-identified

risk factors that might predispose a child to violent behaviors. Ultimately, the Risk Assessment produces

clinical documentation that delineates the specific risk factors that are reported as present as well as the

specific risk-reducing circumstances that may be present, leading to determination whether a child

appears as extreme risk, high risk, moderate risk or low risk . Ultimately, such evaluations may help to

identify at-risk youths in order to intervene before they might gang-affiliate. (Pelosi NCC, 2012) Such

assessments are available in Vermont.

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Law Enforcement Vermont has experienced an increase in recent years of gang activity, believed to be primarily

fueled by the illicit drug trade. While it is clear that there are gang members from larger

metropolitan areas traveling to Vermont for the purpose of drug distribution, what is not clear is

how many and to what extent. Gang members are establishing a presence in Vermont

communities, taking advantage of a prevalent demand for illicit drugs combined with inflated

street level drug prices compared to larger source cities in surrounding states. To amplify this

problem, gang members are known to have a propensity for violence, threats, intimidation and

often are in possession of firearms. It is not uncommon for guns to be present during drug

transactions and are often traded for drugs or sold to gang members. Guns are trafficked out of

Vermont to larger metropolitan areas where there is a greater demand and can yield significant

profit.

Vermont communities that have experienced some type of gang activity presence as reported by

local law enforcement include, St. Albans, Burlington, Winooski, Barre, Lyndonville,

Springfield, Brattleboro, Vergennes, Rutland and Bennington. The Vermont Drug Task Force

whose primary focus is to combat drug crime, along with federal law enforcement agencies, has

experienced what appears to be increased numbers of gang members from out of state cities

coming to Vermont to traffic illicit drugs. Through investigations, Vermont officers have seen

members of various gangs present; to include the Bloods, Crips, Latin Kings and on a smaller

scale locally established gangs.

Law enforcement’s perspective on concerns of a growing gang presence is formulated through

various factors to include:

Investigations of organized drug distribution networks that are either led by or consist of

confirmed gang members

The increased presence of firearms or talk of firearms directly related to illicit drug

transactions

Information obtained from drug defendants, confidential informants and concerned

citizens regarding gang activity. Law enforcement has obtained witnessed accounts

describing elements of gang culture, to include recruitment, intimidation and threats by

gang members on local Vermont residents.

Increased availability on the street, of commonly distributed drugs by gangs,

predominately crack cocaine, powder cocaine and heroin.

Information exchanged with law enforcement partners in surrounding states

It is important to note that not all of the communities mentioned above, reporting the presence of

gang activity are experiencing extensive drug distribution networks however there are a several

of Vermont’s more populated areas that are feeling the effects of this criminal element. Gang

members are targeting areas in Vermont with the most active drug markets, factoring in travel

routes, and their ability to transport drugs from out of state sources. Local residents are recruited

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and often become involved in support of drug distribution by providing, housing to gang

members, assisting with providing customers and actual transportation / distribution of the drugs

themselves. While smaller communities may not experience overt gang activity, the collateral

effects can be felt through the increase in residents with addiction and associated crime to

include burglaries, robberies and assaults.

Increased gang activity is of major concern to law enforcement particularly in cases of increased

violence and gun activity. While Vermont’s gang presence has not brought a level of violence

experienced in larger metropolitan areas, we have experienced specific incidents that raise

serious concerns not only to law enforcement but to Vermont’s citizens.

In 2010 a confirmed Blood gang member from New York was shot and killed by law

enforcement in Rutland, VT after pulling a gun from his waistband when confronted by

police. This individual was wanted in NY for probation violation related to narcotics

trafficking charges and was suspected of having been robbing local drug dealers in the

Rutland area.

In 2012 a confirmed Blood gang member and convicted felon from New Jersey was

involved in a shooting in Springfield, VT believed to be gang related.

While it is difficult at this point to determine what extent the gang presence has taken hold in

Vermont, we cannot ignore signs of an increased presence. Of great concern should be the

potential of increased recruitment efforts by gang members on Vermont’s youth.

Vermont Department of Corrections reports twenty-seven major gangs present within the

correctional system. Confirmed gang members make up 80 to 100 inmates or approximately 3 –

4% of the prison population. During the past two years, Vermont Corrections has seen 260

confirmed gang members through the prison system. Out of state gang members once released,

often remain in Vermont due to conditions imposed through probation.

What is law enforcement doing to reduce gang activity?

Law enforcement agencies across the state have stepped up efforts through gang awareness

training and information sharing. For the past several years the Vermont Police Academy has

hosted gang awareness training conducted by the Connecticut Gang Investigator’s Association.

This training is open to all Vermont LE agencies and provides officers with a base of knowledge

to better recognize gang activity. The VPA is currently in the process of developing a training

program to be instructed by VT law enforcement officers and which will be provided to basic

recruit classes at the VPA.

In addition, numerous Vermont law enforcement officers have attended gang related training in

surrounding states provided by LE agencies who have well established gang enforcement units.

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These contacts and experience are vital to Vermont Law Enforcement’s ability to combat this

problem.

The Vermont Information and Analysis Center (VTIAC) is the collection and dissemination

point for all criminal intelligence information. The VTIAC is accessible to all state, local, and

federal law enforcement agencies and plays a crucial role in the sharing of information. Recent

efforts will enable the Department of Corrections to provide certain gang related information

directly to the VTIAC to be shared with law enforcement.

As a result of legislation passed, in July of 2012 the Vermont State Police established the Mobile

Enforcement Team to address the growing concern regarding gang involvement in the illegal

drug trade as well as other gang related criminal activity in Vermont’s communities. The Mobile

Enforcement Team was formed utilizing the existing task force model currently in place, known

as the Vermont Drug Task Force. This collaborative approach brings state and local law

enforcement together to provide specialized enforcement efforts focused on drug related crime.

The Mobile Enforcement Team has thus far proven to be successful in addressing gang related

criminal activity.

Federal, state and local law enforcement agencies have increased and will continue to increase

their collaborative efforts to target gang members. In 2012, a multi-jurisdictional effort was

established in Rutland County to focus on drug and gun crimes, the primary activities of gangs.

The benefits of collaboration include access to additional investigative resources, application of a

broader array of laws, such as federal firearms laws, and the selection of the most appropriate

forum for prosecution.

It is clear that enforcement efforts alone will not rid Vermont communities of gang activity. Law

enforcement must however continue to use a collaborative approach and sustain aggressive

enforcement efforts, directed at criminal gang activity. Law enforcement efforts will strive for

the most effective prosecution of offenders by working closely with state and federal prosecutors

in combating gang related crime. Law enforcement needs to continue the education of its

officers and play a role in the education of Vermont’s youth population regarding the risks

associated with gangs.

Laws Useful for Disrupting Gang Activity Gangs typically engage in substantial trafficking of narcotics and the possession, use, and

trafficking of firearms. Vermont and federal statutes may be used to prosecute gang members for

these crimes. Vermont law criminalizes drug possession and distribution under Title 18, Chapter

84. The statutes, however, lack the mandatory minimum penalties prescribed by federal law.

State law is more advantageous in at least one respect: felony statutes exist for simple possession

of larger amounts of controlled substances; federal felony statutes require proof of intent to

distribute. The Vermont conspiracy law, 13 V.S.A. § 1404, applies to narcotics activity. Unlike

federal law, the statute requires proof of an overt act. The maximum penalty is five years. 13

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V.S.A. § 1409. Carrying a dangerous or deadly weapon while committing a felony is a felony

punishable by 5 years imprisonment. 13 V.S.A. § 4005.

The federal Controlled Substances Act, 21 U.S.C. § 801 et seq., imposes mandatory minimum

penalties based on the quantity of drugs involved. Conviction for manufacture, possession with

intent to distribute, distribution, or conspiracy to engage in any of the foregoing carries a

mandatory 5-year minimum prison sentence if the crime involved 5 grams of methamphetamine,

28 grams of crack cocaine, 100 grams of heroin, or 500 grams of powder cocaine. 21 U.S.C. §§

841, 846. If the defendant has a prior felony drug conviction in state or federal court (including a

felony conviction for simple possession), then the mandatory minimum doubles to 10 years.

Crimes involving 50 grams of methamphetamine, 280 grams of crack, 1 kilogram of heroin, or 5

kilograms of powder cocaine result in at least 10 years imprisonment. A single prior drug felony

conviction bumps the mandatory minimum to 20 years; two prior convictions increase the

mandatory minimum to life (without parole). Mandatory minimum penalties exist for other but

not all controlled substances. A significant omission is oxycodone.

Federal firearms laws provide another useful tool for disrupting gang activity. The possession or

use of a firearm in connection with a federal drug trafficking crime, or the trade of drugs by a

drug dealer for a gun, carries a mandatory minimum penalty of 5 years, 7 years if the gun is

brandished, and 10 years if the firearm is discharged. 18 U.S.C. § 924(c). The sentence for these

convictions must run consecutive to the sentence for the related drug crime and any other crime.

Possession of a firearm by a felon or an unlawful drug user (drug dealers often use marijuana)

carries a penalty of up to 10 years imprisonment. 18 U.S.C. § 922(g). Straw purchasers who buy

firearms on behalf of others, such as drug addicts for drug dealers, face up to 10 years for false

statement if they represent they are the actual buyers. 18 U.S.C. § 922(a)(6).

Gang members may be prosecuted for money laundering (such as the use of more than $10,000

in drug proceeds to purchase a vehicle). Criminal and civil forfeiture laws permit the federal

government to take drug proceeds and property used to facilitate drug crimes (such as cars and

houses). The money seized or acquired through auction of tangible property is distributed to

federal, state, and local law enforcement agencies involved in the investigation. The Racketeer

Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. §§ 1961-68, and the Violent

Crimes in Aid of Racketeering Act (VICAR), 18 U.S.C. § 1959, are additional options for

prosecution of gang members, but typically require lengthier and more complex investigations

than narcotics prosecutions.

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The Vermont Center for Crime Victim Services

General information about Vt. Victim's Compensation Program:

The Victims Compensation Program provides limited financial assistance to victims of crime.

Crimes that are eligible for the program include assault, robbery, domestic assault, sexual

assault, and/or unlawful restraint. Victims who have experienced a financial loss as the direct

result of a crime may be eligible as long as the loss is not reimbursable through other sources

such as insurance. Most Program referrals come from the Victim Advocates located in the

county State's Attorney's Offices throughout the state of Vermont. In order for the Program to

assist a victim of crime they must submit an application to the Program. Per statute the Program

is required to obtain an affidavit of probable cause from law enforcement who must conclude

that a crime was committed which resulted in the injury (physical or emotional) or death of the

victim. The victim may be denied services by the Board of Directors (appointed by the

Governor) if the victim violated a criminal law of the state which caused or contributed to the

victim's injury or death.

Gang Violence Perpetrated Against Innocent Victims

The Victims Compensation Program has paid crime related losses for six victims of crime

committed by gang members. Some of the losses that we have paid for eligible victims include:

1 medical

2 relocation

3 counseling

4 tattoo removal (branding of victim)

5 lost wages

6 gas reimbursement to criminal court, medical, or counseling appointments

Gang Violence Perpetrated by a Gang Member Against Another Gang Member

Per Vermont law if the gang member was violating a criminal law of the state which caused or

contributed to their injuries at the time of their victimization, the gang member's claim would be

brought to the Board of Directors for consideration of denial. (Per statute the Board must

formally deny an applicant's claim and the Board is the only body that has the authority to do so).

In homicide cases only, eligible surviving family members of the deceased victim (defined per

statute as spouse, domestic partner, sibling, child, grandparent, or other survivor who may have

suffered emotional harm as a result of the victim's death as determined on a case-by-case basis at

the discretion of the Board), would be eligible for Compensation as long as the surviving family

member did not violate a criminal law of the state themselves which caused or contributed to the

deceased victim's death. If the surviving family member appeared to have violated a criminal

law of the state the case would be brought to the Board for consideration of denial. If the

surviving family member did not violate a criminal law of the state which caused or contributed

to the injury or death of the victim, the survivor who applied to the Program would be eligible

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for payment of all eligible expenses provided by the Program without the Board's review.

Eligible losses may include payment of the gang member's funeral, counseling, or other

requested loss determined eligible by the Program.

Most often gang involvement centers around illegal drug activity. If an eligible victim is

applying to the Program for drug treatment and the victim had a prior history of drug addiction,

Compensation would not normally pay for the treatment. (Often drug treatment is necessary to

keep a victim clean so they are a credible witness for the prosecution of a state or federal case.)

However, if a victim starts using drugs after a victimization as a means of self-medication we

could consider drug treatment for the victim on a case by case basis.

Identified services needed by victims of gang activity

The Center for Crime Victim Services would advocate for a witness protection program for

victims or family members as we see a level of fear and intimidation and more options to access

drug treatment in these cases.

NEXT STEPS 1. Get the facts – Fund a research study

a. Gather the existing research relating to gang activity in Vermont

b. Come to understand the scope of the problem

c. Learn from other models across the nation

2. Develop and fund public awareness campaign

3. Increase law enforcement attention – fund specialized positions/programs

4. Develop and fund prevention programs

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BIBLIOGRAPHY

Dave Gram / Associated Press. (2012, February 18). Portland Press Herald. Retrieved December 18,

2012, from Portland Press Herald: http://www.pressherald.com/news/vermont-considers-setting-

up-new-unit-to-fight-gang-activity_2012-02-18.html

Foster, R. (2006, February 18). How one small town faced down gangs. Retrieved January 7, 2013, from

The Sun Chronicle: http://www.thesunchronicle.com/news/how-one-small-town-faced-down-

gangs/article_8c8d79f5-2051-5b24-aef1-32dd811931e4.html

Howell, J. C. (1998, August). Youth Gangs; An Overview. Retrieved January 7, 2013, from Juvenile

Justice Bulletin: http://www.ojjdp.gov/jjbulletin/9808/why.html

Howell, J. C. (2010, December). Juvenile Justice Bulletin. Retrieved January 7, 2013, from Gang

Prevention: An Overview of Research and Programs:

https://www.ncjrs.gov/pdffiles1/ojjdp/231116.pdf

Jennifer Reading - wcax.com. (2012, October 2). wcax.com. Retrieved January 8, 2013, from Small Vt.

community deals with drugs, guns, gangs: http://www.wcax.com/story/19711490/drug-raid-in-

chester

Justice, U. D. (n.d.). Who Joins Gangs. Retrieved January 8, 2013, from Who Joins Gangs:

http://www.justice.gov/usao/md/Gangs/Awareness/USAO%20website%20gang%20slides.pdf

Kemp, R. (2007). Gangs: My Close CallsWith the Hardest Men on the Streets, from Rio to Moscow.

London: Penguin Books.

Louis Kontos, D. B. (2003). Gangs and Society; Alternative Perspectives. New York: Columbia

University Press.

Malcom W. Klein, C. L. (2006). Street Gangs Patterns and Policies. New York: Oxford University Press.

O'Deane, M. D. (2008). Gang Investigator's Handbook. Boulder, Colorado: Paladim Press.

Pelosi NCC, L. R. (2012, Janury 23). Violence Risk Assessments. Retrieved January 11, 2013, from

Southern Vermont Special Services:

http://www.southernvermont.us/ViolenceRiskAssessments/tabid/55/Default.aspx

Rudarakanchana, N. (2012, July 20). Corrections commissioner says gang violence in Vermont prisons is

on the rise. Retrieved January 8, 2013, from vtdigger.org:

http://vtdigger.org/2012/07/20/corrections-commissioner-says-gang-violence-in-vermont-prisons-

is-on-the-rise/

Savelli, L. A. (2004). Gangs Across America and Their Symbols. Flushing, NY: Looseleaf Law

Publications.

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Valentine, B. (1995). Gang Intelligence Manual: Identifying and Understanding Modern-Day Violent

Gangs in the United States. Boulder, Colorado: Paladin Press.