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Proposed gang database already causing controversy March 16th, 2009 @ 5:00pm By Nicole Gonzales
SALT LAKE CITY -- A database of Utah gang members is still in discussion, but it is already causing controversy.
The system is being developed and funded by the state. It's an initiative that's been discussed by Gov. Jon Huntsman's Gang Task Force. It would centralize information about documented gang members, but some are raising concerns over the secrecy of the list and over how someone could be entered into the database to begin with.
Law enforcement says it's a tool that could help mitigate Utah's gang problem, and they would definitely use it. "Right now, a lot of agencies have their own databases, their own reports and stuff like that. This would make it centralized so everyone could get in and see what's up with a gang member," explained Deputy Rick Simonelli, with the Salt Lake County Metro Gang Unit.
Simonelli says the database would help in situations where a gang crime is committed in a more rural county. He says officers in that county would be able to access information collected in the Salt Lake Valley.
"Out here, these guys are highly mobile. They're always moving to different neighborhoods, different cities. So, we'll be able to keep track of these guys and what they're up to," Simonelli said.
When police enter anyone into a database, they must follow federal and state guidelines. Right now, the Salt Lake County Metro Gang Unit uses three criteria to submit someone into their database:
* A person admits criminal gang membership * A reliable informant identifies a gang member * Or, the person is arrested for street-gang activity
Some agencies have other guidelines:
* A parent/guardian identifies them as a gang member * Someone lives in a gang's known area and adopts gang's style of dress, hand signs and tattoos * If someone is stopped with known gang members more than twice
Defense lawyers are leery of the system. "It does raise a lot of questions about the fairness of labeling someone a gang member when it may not be an accurate label. It may be a misleading label," said Kent Hart, with the Utah Association of Criminal Defense Lawyers.
The database is only accessible to law enforcement, barring defense attorneys from knowing if their client is on that list. "You can't do your job. You don't know what questions to ask your client. You don't know what information police are relying on," Hart said.
Deputies say someone can be taken off the list if they go five years without an arrest. A person entered into the system would also be notified. If they feel they've been wrongly labeled, they can take it up with an officer and an investigation will be conducted.
