Mike Klein: Next Move for Georgia Justice Reform Belongs to Legislators
Mike Klein, criminal justice commentator, writes:
Georgia legislators will soon have the opportunity to reconfigure the state’s troubled adult misdemeanor private probation industry, redesign juvenile justice technology information tools and with some urging from their governor, create a new state agency to manage the tangled web of services to help released inmates transition back into their communities. Given the General Assembly’s track record of overwhelming support for previous justice reforms the ideas that you see discussed here are quite likely to happen.
The vision for these changes is contained in the 2014–2015 Georgia Council on Criminal Justice Reform (CCJR) report that was unanimously approved by its members late last week. More than just a reflection of new policy ideas, the 72-page document fully chronicles the history of Georgia’s current justice reform that began with Governor Nathan Deal’s inauguration in January 2011.
Dozens of CCJR recommendations are contained in the report. A few are game-changers:
Adult Misdemeanor Probation
Last spring Governor Deal vetoed a misdemeanor probation reform bill because it would have exempted providers from the Open Records Act. An official state audit was highly critical of the financial practices of some providers and it said some exceeded their legal authorities. Then in December the state Supreme Court overturned “tolling,” the long-standing practice under which arrest warrants were issued and sentences were paused when offenders failed to report or fulfill their court-ordered obligations. Justices said the state has no legal authority for those actions.
The Council said private probation providers should be placed under tighter financial scrutiny including strict disclosure rules. The Council recommended the adoption of community service options for misdemeanor probationers when they are delinquent paying fines or fees because of financial insolvency. At the same time, delinquent probationers would be guaranteed a hearing before new discipline. Further, the Council said that “tolling” should be enacted into law.
Juvenile Justice Information Sharing
Players in the adult criminal justice system have access to deep data that is maintained by the Georgia Crime Information Center at the Georgia Bureau of Investigation. Players in the juvenile justice system have nothing remotely close to the sophisticated adult system. The Council recommendation is to create a very sophisticated juvenile justice information system.
Under the CJRC proposal the Council of Juvenile Court Judges would create a “dictionary” of common terms for the purposes of statewide reporting. A data exchange would be created to share the information and a data depository would be updated daily by individual courts for use by all juvenile courts statewide and for purposes of statewide reporting. This project would bring together several entities and it would carefully comply with federal laws about juvenile records.
Department of Community Supervision
Last month Deal used his State of the State address to propose creation of DCS to assist released offenders toward a successful transition back to the free world. The big idea here is to coordinate the tools to help reduce recidivism. DCS would likely have up to 2,000 employees drawn from adult corrections, juvenile justice and pardons and parole. The Council recommended that the Governor’s Office of Transition, Support and Re-Entry should move from adult corrections to DCS. It also recommended moving the County and Municipal Probation Advisory Council that oversees probation officers and private entities.
The three ideas discussed here are just a small portion of the CJRC report. There is a link below to the complete document. The Council will reconvene in late spring after the 2015 General Assembly concludes.
The agenda will likely include whether cases that involve 17-year-olds should be heard in adult courts – that is current Georgia law – or in juvenile courts, which is where you will find age 17 cases in more than 40 states. This year’s Council heard testimony but concluded it needs more information before making any recommendation. Mandatory minimum sentencing options and new discussions about community-based mental health services could also work their way onto the 2015 – 2016 agenda.