MEMORANDUM. PS COMMITTEE #3 July 17, July 13, Public Safety Committee. Susan J. Farag, Legislative Analyst qff. Update: Gang Activity

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1 PS COMMITTEE #3 July 17, 2017 MEMORANDUM July 13, 2017 TO: FROM: SUBJECT: Public Safety Committee Susan J. Farag, Legislative Analyst qff Update: Gang Activity Today the Committee will receive an update on gang activity in the County, as it relates to crime, prosecution, and custody. This update is not expected to include substantive discussion on prevention issues, which are generally addressed through the County's Department of Health and Human Services (HHS) and the Department of Recreation (Rec). However, there will be some staff available from HHS to answer any questions the Committee may have. Those expected to brief the Committee include: J. Thomas Manger, Chief, Montgomery County Police Department Robert Green, Director, Department of Correction and Rehabilitation (DOCR) John McCarthy, State's Attorney Suzy Malagari, Warden, DOCR Captain Paul Liquorie, Special Investigations Division, MCPD Deputy Warden Shelford Gilliam, DOCR Deputy Warden Louis Le'Compte, DOCR OVERVIEW Recently, there have been several high-profile crimes in the media that involve gangrelated activity. The Police Department advises that gang homicides have seen a significant increase beginning in 2015, and this increase continues into The State's Attorney's Office advises that during this same time period, half of all homicides in the County have been gangrelated. The Police Department attributes this to factors occurring in El Salvador as well as the proliferation of guns among a domestic gang in the County, Hittsquad, which is in Montgomery Village and Germantown. The Department advises that robberies also spiked last year, but have since returned to historical levels after several Hittsquad members were arrested. Other gangrelated crimes have remained fairly level since 2011.

2 The Police Department advises that gang activity constitutes a relatively small percentage of reported crime in the County. It is important to note, though, that gang crime often goes unreported. Either gang members are discouraged by other members from reporting crimes, or victims are often now aware that a suspect is a gang member. The Police Department labels a crime as gang-related if the suspects make it knows that they were gang members, the victim identifies the suspect as a gang member, or the Central Street Gang Unit recognizes the defendant as a gang member. A fear of retaliation also plays a role in failure to report gang activity. The Police Department indicates that this is especially the case within the Central American immigrant community, since threats of retaliation may include family members in other countries. The Special Investigation Division (SID) within the Police Department indicates that many different types of crimes are being committed by gangs, including vandalism, extortion, sex trafficking, drug dealing, assaults, robberies, and homicides. However, the most common type of crime in the County is generally "low-level drug dealing." It is important to note, however, that MS-13 relies heavily on extortion as a way to generate revenue. Extortion supports the gang both locally and internationally. The Police Department indicates that most gang related crimes are committed by people who reside in the County, although the MS-13 gang in particular is very mobile and moves throughout the graters Washington, DC area. PUBLIC SAFETY APPROACH TO GANG SUPPRESSION Police Department: The primary unit involved in gang suppression is the Department's Criminal Street Gang Unit (CSGU). This unit targets gang-related crime and conducts long-term investigations involving gangs. The CSGU also provides training to the rest of the Department and municipal agencies through in-service training as well as informational bulletins. The CSGU coordinates with federal and regional law enforcement partners, as well as DOCR. The CSGU is currently working with the U.S. Attorney's Office on a case that falls under the federal Racketeer Influenced Corrupt Organization (RICO) statutes against MS-13 that has provided 17 indictments against gang members, including the "Maryland Program Leader." More indictments are expected. DOCR: DOCR has a Gang Unit available 24/7, which includes two correctional officers. The officers monitor known and suspected gang members who are in custody, and work closely with classification to keep gang members separated. DOCR indicates that it currently has 174 validated gang members, and that this number has remained relatively stable over the past several years. State's Attorney's Office: In April the SAO established a Gang Work Group to work in conjunction with the Police Department in an effort to disrupt and dismantle the most violent gangs in the County through intensified enforcement and prosecution. This workgroup has also proposed working with MCPS to help reduce gang recruitment, focusing on reaching out to unaccompanied minors who are often targeted by gangs. 2

3 The SAO indicates that prosecutions have increased, and that the amount of time spent on a case can vary greatly depending on the complexity of the case. GANG INVOLVEMENT AMONG YOUTH There has been some discussion within the community about gangs attempting to recruit children as young as nine or 1 0. The Police Department advises it has not seen gang activity targeted toward children that young, although it has seen recruitment or intimidation occurring at the middle school level (approximately ages 12-14), and some stores of gang members doing things like buying ice cream for younger kids in certain neighborhoods. DOCR advises that it has seen an increase in juvenile detainees over the past several years, with offenders as young as 14. However, DOCR no longer has any custodial responsibility for juveniles, who are now placed in State juvenile facilities. THE ROLE OF SOCIAL MEDIA Both the State's Attorney's Office and the Police Department report that gang members use social media extensively. It is being used to recruit new members, as well as to intimidate crime victims, their families, and witnesses. Social media has been used to target rival gang members, and even lure them to their own murders. The Police Department indicates that gangs are using encrypted mobile applications as well to prevent law enforcement's efforts to monitor their activities, or to prevent the use of stored data as evidence. SAO prosecutors and investigators regularly review the social media posting of criminal defendants to help document gang membership, criminal activity, relationships with other gang members, and other information that may be used to prosecute cases. FUTURE INITIATIVES The Police Department has developed a new approach that combines field operations, intelligence, and analysis, as well as in-depth investigations to perform its suppression function of the Executive's Positive Youth Development Initiative (PYDI). The Police Department will develop options for the County Executive to consider when developing the FYI 9 operating budget. After reviewing its current gang initiatives and prosecution needs, the State's Attorney's Office has determined that it needs three additional prosecutors (two in Circuit Court and one in Juvenile Court), and two additional paralegals to help response effectively to the increased violent gang-related activity in the County. The number of cases has increased, and the complexity of the cases has increased as well, creating a need for more prosecutors to handle the caseload, and more paralegals to do more research, such as monitoring the social media sites in an effort to increase successful convictions and appropriate sentencing. 3

4 This packet contains Police Department Response to Questions Correction and Rehabilitation Response to Questions State's Attorney's Office Response to Question F:\Farag\Packets\Public Safety\Gang Activity doc 4

5 PUBLIC SAFETY COMMITTEE UPDATE-GANG ACTIVITY July 17, On July 17, the Committee will have a discussion on crime statistics first, and I will send questions for that as part of another . That discussion will lay the foundation for crime trends in the county. Within that context, could you provide information for this gang activity update that describes what portion of these crimes is gang-related. To what do you attribute increased (if that's the case) gang activity in the county? What types of gang activity are you seeing (vandalism, extortion, violence, sex trafficking, drug dealing, etc. A relatively small percentage of overall crime is known to be gang related. However, gang crime is often under reported, this is because gang members often do not report crimes committed against them from rivals or internally from their own gangs if they are "disciplined" for failing to comply with the gangs' norms and rules. Victims who are not gang members are often unaware that the suspect(s) who commit crimes against them are gang members, unless the suspect(s) let the victim know they are associated with a gang or they are already familiar with the suspect and their gang affiliation. The police department only labels a crime as gang related if the perpetrators make it known that they were gang members, the victim credibly articulates the suspect is a gang member, or that the Central Street Gang Unit recognizes the defendant(s) as validated gang members or the suspects present certain gang indicators, such as tattoos to patrol officers. Also, victims do not come forward because there is a genuine and warranted fear of retaliation. This is particularly true within the Central American immigrant community in the County, as threats of retaliation may extend to family members still living in their native countries. Gang homicides had a notable increase which began in 2015 and continues into this calendar year. This is attributed to the geo-political factors in El Salvador and the proliferation of guns to one domestic gang or crew, Hittsquad, which operates in the Montgomery Village and Germantown areas of the County. Robberies also spiked last year, but have returned to average levels after the arrest and detention of several members from Hittsquad. All other gang related crimes have remained statistically constant with no major deviations since The Special Investigation Division is aware of all types of crimes being committed by gangs including vandalism, extortion, sex trafficking, drug dealing, assaults, robbery and homicide. The most common crime amongst all of the gangs is generally low level drug dealing. However, MS-13 extensively relies on extortion as a form of revenue to support the gang both domestically and internationally. 2. What steps is your department taking to address gang activity? How do you coordinate among the public safety agencies? The Police Department's Criminal Street Gang Unit (CSGU) is the primary unit responsible for targeting gang related crime and initiating long-term, complex investigations involving the gangs. However, gang crime enforcement is not limited to just the CSGU; all officers are responsible for taking action against gang members if they are participating in criminal activity. The CSGU provides training to the rest of the department and the municipal agencies through informational bulletins and in-service training to keep officers aware of current gang related trends and

6 activities in the county and their specific areas of responsibility. The CSGU also coordinates with the department's federal and regional local law enforcement partners, as well as DOCR. This coordination occurs through regional meetings, formal and informal contact between agencies, and active collaboration on inter-jurisdictional cases. For example, the CSGU continues to work in conjunction with the United States Attorney's Office for the District of Maryland on a Racketeer Influenced Corrupt Organization (RICO) case against MS-13 that has resulted with 17 indictments against the gang, including the "Maryland Program Leader", with more expected in the near future. The department also works with the State's Attorney's Office to prosecute gang related crimes and seek out enhanced penalties under Maryland law for Gang Participation along with the underlying charges. 3. Please describe any documented incidents of gang activity in schools. There has been some community discussion that gangs are recruiting children as young as Has this been your experience? The department is unaware of the gangs recruiting members as young as However, the department is aware of recruitment and/or intimidation occurring at the middle school level (ages 12-14) and anecdotal stories of gang members buying ice cream for younger children in certain neighborhoods. 4. What is the current gang membership composition within DOCR custody (including Pre-trial and Pre-Release)? How has this changed over the past several years? DOCR has 174 validated gang members within the system today (answer provided by DOCR). 5. Have prosecutions of gang members increased? Yes, gang prosecutions have increased. The police department has worked with both the Montgomery County State's Attorney's Office (SAO) and the U.S. Attorney's Office to prosecute gang crimes that occur in the County. As referenced earlier in Question 2, the police department has secured 17 federal indictments against MS-13 gang members and just recently helped prosecute a 17-year-old MS-13 member for his role in stabbing and assault of a citizen with the State's Attorney's Office. The department is also working with the SAO on the prosecution of five Hittsquad members for their involvement in a robbery, shooting and murder that occurred in February in Montgomery Village. The department is also assisting in the prosecution of at least one member of the Latin Kings for the most recent gang related double homicide that also occurred in Montgomery Village in June of this year. 6. How much gang activity in the county is being committed by people who live outside the county?

7 The significant majority of gang related crimes are committed by suspects that reside in the county. However, MS-13 is particularly transient and its members fluidly move throughout the greater Washington Metropolitan Area as well as other MS-13 strongholds throughout the country. 7. What role is social media playing in gang activity? Social media is playing an ever increasing role in the recruitment of new gang members. It is also being used to intimidate crime victims, their families, and witnesses. It has also been used in the targeting of actual or perceived rival gang members, some of whom have been lured to their own murders, here in the county. Encrypted mobile applications or apps are also being more frequently utilized to thwart law enforcements legal, court approved efforts to monitor their activities or to use stored data as evidence against them in court. 8. How do you work with surrounding jurisdictions and the federal government to address gang activity? Please reference Question What resources are needed to help address gang activity? The police department is committed to working with other county departments to support a whole of government approach to address the issue of gangs. It fully supports and will continue to partner with the Department of Recreation, H&HS, and MCPS with implementing the County Executive's Positive Youth Development Initiative (PYDI). However, the police department has developed a proposed strategy that integrates field operations, intelligence and analysis, and in-depth investigations to perform its suppression function of the PYDI. The department will develop options for implementing this strategy for the County Executive to consider in development of the FY19 budget.

8 Farag, Susan From: Sent: To: Cc: Subject: Attachments: Harris, Rich (0MB) Wednesday, July 12, :00 PM Farag, Susan; Reynolds, Luther; Hamill, Russell Police; Wahl, Michael; Greenberger, Neil; Beckley, Kaye; Chase, Laura; McCarthy, John Rodriguez, Sabrina; Meier, Bruce; Lobaugh, Trevor; Russo, Lisa RE: Questions for July 17 Public Safety Worksessions Preview Summary - Gang Activity Update doc; Gang Update 7-17.docx Hi Susan, See attached for Police's response to the questions for this session, and below for responses from DOCR. I believe the State's Attorney will be sending answers separately. -Rich DOCR: 1. On July 17, the Committee will have a discussion on crime statistics first, and I will send questions for that as part of another . That discussion will lay the foundation for crime trends in the county. Within that context, could you provide information for this gang activity update that describes what portion of these crimes is gang-related. To what do you attribute increased (if that's the case) gang activity in the county? What types of gang activity are you seeing (vandalism, extortion, violence, sex trafficking, drug dealing, etc.)? No answer from DOCR, police issue. 2. What steps is your department taking to address gang activity? How do you coordinate among the public safety agencies? DOCR has a two officer Gang Unit available 24/7. Unit members monitor known and suspected gang members in custody and work closely with classification to maintain order in the housing units as well as maintaining any separation issues required for security and safety. The Gang Unit is in constant contact with the MCPD Gang Unit as well as other jurisdictions in the area via the COG Gang Subcommittee. DOCR constantly monitors the population for signs of gang activity, trends in behavior and takes actions to eliminate it. 3. Please describe any documented incidents of gang activity in schools. There has been some community discussion that gangs are recruiting children as young as Has this been your experience? DOCR has seen an increase in juvenile detainees over the past several years. Offenders as young as 14 are not uncommon. A majority of these youthful offenders have gang ties. Changes in legal status often take these individuals into state juvenile settings. DOCR no longer has any custodial responsibility for them. While DOCR works 24/7 to manage and control gang activity in its facilities, we do not know what systems and abilities juvenile facilities have in place to control such activity. 4. What is the current gang membership composition within DOCR custody (including Pre-trial and Pre Release)? How has this changed over the past several years? DOCR has 174 validated gang members within the system today. 5. Have prosecutions of gang members increased? Better addressed by MCPD or SAO. 6. How much gang activity in the county is being committed by people who live outside the county? DOCR validated gang members from Washington DC, PG County and other jurisdictions within and outside the State. 7. What role is social media playing in gang activity? N/A 1

9 8. How do you work with surrounding jurisdictions and the federal government to address gang activity? The DOCR Gang Unit is in constant contact with the MCPD Gang Unit and surrounding jurisdictions in the furtherance of public safety. 9. What resources are needed to help address gang activity? Richard Harris Montgomery County Office of Management and Budget 14 th Floor, 101 Monroe Street, Rockville MD From: Farag, Susan Sent: Tuesday, June 27, :03 AM To: Reynolds, Luther Hamill, Russell Police Wahl, Michael Greenberger, Neil Beckley, Kaye Chase, Laura McCarthy, John Cc: Rodriguez, Sabrina Harris, Rich (0MB) Meier, Bruce Lobaugh, Trevor Russo, Lisa Subject: Questions for July 17 Public Safety Worksessions Hi, all, The Public Safety Committee has scheduled some updates on the following: PS Jul17 9:30 AM - 3CCR Update - Gang Activity (Farag) I am asking the Police Department, Department of Correction and Rehabilitation, and the State's Attorney's Office to attend. If you'd like to coordinate answers, that's great. Could you please provide information on the following items by July 12 for inclusion in the packet, including who will be attending? 1. On July 17, the Committee will have a discussion on crime statistics first, and I will send questions for that as part of another . That discussion will lay the foundation for crime trends in the county. Within that context, could you provide information for this gang activity update that describes what portion of these crimes is gang-related. To what do you attribute increased (if that's the case) gang activity in the county? What types of gang activity are you seeing (vandalism, extortion, violence, sex trafficking, drug dealing, etc.)? 2. What steps is your department taking to address gang activity? How do you coordinate among the public safety agencies? 3. Please describe any documented incidents of gang activity in schools. There has been some community discussion that gangs are recruiting children as young as Has this been your experience? 4. What is the current gang membership composition within DOCR custody (including Pre-trial and Pre- Release)? How has this changed over the past several years? 2

10 State's Attorney for Montgomery County 50 Maryland Avenue Rockville, Maryland STATE'S ATTORNEY JOHN J. McCARTHY (240) FAX (240) DEPUTY STATFS ATTORNEYS LAURA CHASE PETER A. FEENEY Responses from the Montgomery County State's Attorney's Office to staff questions for the 7 /17 /17 update on gang activity to the Montgomery County Council's Public Safety Committee 1. To what do you attribute increased gang activity in the county? What types of gang activity are seeing? We are seeing a wide variety of crimes committed by gangs in Montgomery County, including murder, robberies, aggravated assaults, extortion, sex trafficking, drug dealing, and weapons offenses. Of most concern is the huge increase in gang-related homicides in the past two years compared to previous years. Since mid-2015, half of the county's homicides - at least fifteen - have been gang-related; in 2011, there were no gang-related homicides, and in , there was only one each year. The significant increase in gang-related robberies - from 22 in 2014 to 35 in 2016 is also of great concern. One of the reasons for increased gang crime in Montgomery County is the decision by MS-13 leaders in El Salvador to order their cliques here and elsewhere to step up criminal activity, including homicide. Other gangs such as the Hit Squad and the Bloods have increased their level of violent crime also, perhaps partly in reaction to MS What steps Is your department taking to address gang activity? How do you coordinate among public safety agencies? The Montgomery County State's Attorney's Office is taking numerous a~tions to counter increased gang-related crime. In April, State's Attorney John McCarthy established a Gang Work Group to develop recommendations to work in partnership with the Montgomery County Police Department to disrupt and dismantle the most violent gangs in Montgomery County through intensified enforcement and prosecution. The Workgroup also proposed working more closely with MCPS to reduce successful gang recruitment, with a focus on reaching out to unaccompanied minors, who are often targeted by gangs for recruitment. The SAO coordinates with public safety agencies in numerous ways: through the Council of Governments; through the County's Criminal Justice Coordinating Council; through the County's Positive Youth Development program; through attending many inter-agency meetings; and through very frequent communication by SAO staff with law enforcement personnel in other public safety agencies, as well as with program staff of the Street Outreach Network in HHS, and with MCPS personnel. 3. Please describe any documented incidents of gang activity in schools. There has been some community discussion that gangs are recruiting children as young as Has this been your experience? The Gang Unit of the Montgomery County Police Department can best respond to this question. 4. What is the current gang membership composition within DOCR custody (including Pre-trial and Pre-release)? How has this changed over the past several years? DOCR is best able to respond to this question.

11 5. Have prosecutions of gang members increased? As gang-related crimes increase, prosecutions increase. The amount of time spent on a case varies greatly depending on the severity, the number of defendants, and whether the crime is gang-related. Homicides require an enormous commitment of time by prosecutors, investigators, victim/witness coordinators, and SAO support staff. Moreover, documenting and proving that a defendant si gang-involved can require substantial staff work as well, not only by SAO personnel, but by police personnel who are responsible for determining whether defendants meet the legal criteria for being a validated member of a gang. 6. How much gang activity in the county is being committed by people who live outside of the county? MCPD can best respond to this question. 7. What role is social media playing in gang activity? Social media is used extensively by many gang members. As a result, SAO prosecutors and investigators review the social media postings of defendants to help document gang membership, criminal activity, relationships with other gang members and other pertinent information that may help successfully prosecute cases. However, we need additional staff to be proactive in monitoring the social media of gang members to help prevent crime (please see the proposal related to this need in the response to question nine). 8. How do you work with surrounding jurisdictions and the federal government to address gang activity? The State's Attorney's office regularly discusses strategies for prosecuting gang offenders with the United States Attorneys Office for the District of Maryland. When appropriate, the State's Attorney's Office will refer cases to the U.S. Attorneys Office for prosecution under the Racketeering Influenced Corrupt Organizations Act (RICO). The State's Attorney's Office also collaborates with a number of federal law enforcement agencies, the Maryland State Police, and local police departments from surrounding jurisdictions to more effectively fight gang crime in the County. 9. What resources are needed to help address gang activity? As a result of the analysis done by the SAO Gang Work Group, the SAO needs three additional prosecutors- two in Circuit Court and one in Juvenile -- and two additional paralegals to help respond effectively to rising violent gang-related crime in the county. The substantial increase in the number of gang-related homicides, the number of cases with multiple defendants, the inherent complexity of gang cases, and the need to be proactive in targeting those responsible for violent gang-related crime drive the need for additional prosecutors and paralegals. The paralegals would focus on monitoring the social media of gang members to aid in the ability to prevent as well as to prosecute gang-related crime, and would build and update the predicate files necessary for documenting gang-related activity and crime by defendants in order to help achieve convictions, and sentencing appropriate for their criminal history.