Crime-fighting bills stall during session

By Glenn Smith

The Post and Courier

Sunday, June 7, 2009

Scarlett Wilson

Leon Stavrinakis

Sen. Robert Ford

Mullen

Police chiefs, prosecutors and mayors warned the Legislature this year that failure to fix the state's troubled criminal justice system placed the public at grave risk from career criminals.

Lawmakers responded by failing to pass a single reform that the group requested.

Sidetracked by the stimulus feud and South Carolina's budget crisis, lawmakers left a host of anti-crime proposals lingering on back burners and bogged down in committees. Among the stalled measures were bills to give police more authority to search criminals on probation and parole, put those who attempt murder behind bars for life and allow judges to deny bail to repeat offenders charged with new crimes.

"It's really frustrating, not only for the community, but for the police officers who arrest the same people over and over again," Charleston Police Chief Greg Mullen said. "We just can't keep them in jail."

With allies such as Senate President Pro Tem Glenn McConnell and House Speaker Bobby Harrell, both Charleston Republicans, local leaders had hoped for clear sailing on the proposals. Though disappointed by the outcome, proponents took solace in the fact that some measures advanced further than in past sessions. And they say they intend to carry on the fight when the Legislature reconvenes next year.

"The criminal justice system is substantially broken, and the only people who benefit from that are the criminals," Charleston Mayor Joe Riley said. "We need more members of the General Assembly who feel a sense of urgency about this.

"I know a lot is going on, but making our state safer should be everyone's top priority," Riley said.

Riley began pushing for new crime-fighting tools more than two years ago. He renewed his efforts this year, aided by law enforcement officials, city leaders and prosecutors such as 9th Circuit Solicitor Scarlett Wilson.

In January, Riley organized a coalition of officials that met in Columbia to press lawmakers to pass eight anti-crime bills. Other proposals included barring convicted criminals from legally possessing pistols and military-style rifles, toughening penalties for offenders who possess firearms while selling or making drugs and requiring criminals to serve at least 85 percent of their sentences in jail. Among those lending their support were State Law Enforcement Division Director Reggie Lloyd and S.C. Attorney General Henry McMaster.

Wilson, the solicitor for Charleston and Berkeley counties, said supporters were optimistic because most of the measures would cost the state little or nothing to implement. "I thought this was a great opportunity for lawmakers to help law enforcement and prosecutors without having to spend more money," she said.

State Sen. Robert Ford, a Charleston Democrat who has been a vocal supporter of criminal justice reform, said it wasn't that lawmakers weren't listening or that they necessarily object to change. The state budget crisis simply dominated the discussion, he said, and lawmakers lost weeks of work due to furloughs aimed at saving money. Ford predicted the anti-crime measures will gain traction next year, the second half of the two-year session.

"We're going to be in a good shape when all this stuff is passed," he said. "This was just a strange, strange year."

Rep. Leon Stavrinakis, D-Charleston, also predicted more progress next year, but he said lawmakers still harbor concerns over some measures. Stavrinakis sits on the House Judiciary Committee, which is mulling a bill that would allow police to conduct warrantless searches of offenders on probation or parole. Both liberal and conservative lawmakers have expressed concerns about giving police access to homes where offenders live with others who have done nothing wrong, he said.

"This is a new and fairly broad expansion of police search powers, and people just want to make sure that it's done right," he said. "We're just trying to find some common ground where we're not stepping on top of the rights of innocent people who aren't on probation."

Mullen said supporters of the bill worked out a change that would limit home searches to areas under an offender's control, such as a bedroom.

Some on the committee, however, object to residential searches being allowed at all, he said.

Harrell acknowledged some strong opposition to the bill, particularly among legislators with backgrounds as criminal defense attorneys. But Harrell said he thinks their concerns are off-base. People should know what they're getting into when they invite a criminal into their homes, he said. "If someone doesn't want to subject their residence to this, then don't let that person stay there," he said.

North Charleston Police Chief Jon Zumalt said supporters need to convince the public and lawmakers that the bills are needed and that these new powers won't be abused. "We need to let legislators know that if we are given these new laws, we will use them prudently and for the best interest of the state," Zumalt said.

Reach Glenn Smith at 937-5556 or gsmith@postand courier.com.