Framework Established for 2014 Criminal Justice Reform

Georgia would “Ban the Box” and take a deeper dive into return-to-prison recidivism rates under two preliminary recommendations approved this week by the Georgia Council on Criminal Justice Reform. By Mike Klein

(Click on YouTube links to watch Council on Criminal Justice Reform segments.)

By Mike Klein

Georgia would “Ban the Box” and take a deeper dive into return-to-prison recidivism rates under two preliminary recommendations approved this week by the Georgia Council on Criminal Justice Reform.  The Council’s final report is due to Governor Nathan Deal, the judiciary and legislators before they open their session on Monday, January 13, 2014.

The Council approved four proposals to update civil asset forfeiture law which has been a contentious issue.  (YouTube)  And, it sought to strengthen personal protection by proposing legal action could be taken against private parties who publish erroneous or outdated criminal records, especially when that information is provided to employers or for other purposes.  (YouTube)

If approved by legislators, “The Box” that asks whether applicants have a felony conviction would disappear from state employment forms with exceptions for public safety positions and any job for which a felony conviction automatically disqualifies the candidate.  Georgia could become the eleventh state to “Ban the Box” which was eliminated by Atlanta city government in January.  (YouTube)

“This is limited to just state employment,” said Council co-chair and Governor’s Office Deputy Executive Counsel Thomas Worthy.  “This Council understands the importance of not telling private corporations or employers what to do and not telling them what they have a right to know about their potential applicant pool.  This is the state saying we can lead by example.”

The rationale for changing the state application form is that “The Box” creates a barrier to employment that often is impossible for former offenders to overcome.  A review of the applicant’s offender history would be conducted later but not prior to determining whether he or she was qualified for and could do the work required in a state government position.

The Council voted to expand recidivism reporting, which is the rate at which former offenders return to the justice system.  In Georgia one-in-three released adults and one-in-two juveniles return to prison or the juvenile justice system within three years.  The new model would track released offenders for six years after release, to include assessment of the individual’s risk level every six months.  (YouTube)

The rationale for this change recognizes that adult reforms enacted two years ago and juvenile reforms enacted in 2013 were designed to incarcerate serious and violent offenders and move low-to-medium risk offenders into evidence-based programs, such as drug and mental health courts and their associated programs that are built on treatment rather than incarceration.

This philosophical new direction in Georgia adult and juvenile justice has the potential to create much higher risk adult inmate and juvenile detention populations and upon release, those persons could pose a more serious risk to re-offend than was the case prior to HB 1176 adult and HB 242 juvenile reforms.

Georgia releases 18,000 adults per year from its prisons; that is roughly one-third of the entire adult inmate population.   Based on the one-in-three formula, about 6,000 are re-incarcerated within three years.  Council co-chair and Georgia Court of Appeals Judge Michael Boggs said adding a six-year recidivism model will enable the state to better explain changing recidivism rates going forward.  “We want to be able to articulate why,” Boggs said.

Civil asset forfeiture reform was added to the Council’s agenda by Governor Nathan Deal after media reports this year questioned how local sheriffs and district attorneys spent money they seized from private parties.   A donnybrook erupted over HB 1 in the 2013 General Assembly with sheriffs angrily attacking the bill and district attorneys more demurely expressing their opposition.  (YouTube)

The Council said nearly three dozen forfeiture statutes should be standardized into a single policy; annual reporting should be required and specific rules should declare how law enforcement can spend seized funds.  Importantly, the Council said someone who seeks return of personal assets should have “expedited” access to a hearing conducted by any of several judicial branches including Superior, Magistrate and Juvenile court judges.  The Council did not propose any specific timetable for hearings.

The Council deferred until next month approval of a “negligent hiring” recommendation that would provide liability protection to employers who hire former offenders.  Additional work will be done on that proposal before the Council meets either January 6 or 7.  This is considered an essential part of the prisoner re-entry process because having a job often determines whether former offenders succeed or fail when living back in the community.  (YouTube)

Other highlights:  The state is expected to move forward with specialized Veterans’ Courts as part of the accountability courts model that currently includes drug and mental health courts.  Expansion of special services to veterans was not included in HB 1176 but is possible now due to available federal funds.

Driver’s license reinstatement would become possible for some but not all drug possession offenders whose crime was not related to operating a motor vehicle.   This is considered essential for offenders who need to fulfill post-incarceration program requirements and for employment.   (YouTube)

The Council recommended that legislators approve a five-year plan to guide adult and juvenile justice implementation with an emphasis on performance measurement summaries. (YouTube) Georgia’s adult and juvenile justice system reform has been assisted by the Pew Center on the States, the Annie E. Casey Foundation,  the Vera Institute of Justice, and other partners.

(Click on YouTube links to watch Council on Criminal Justice Reform segments.)

By Mike Klein

Georgia would “Ban the Box” and take a deeper dive into return-to-prison recidivism rates under two preliminary recommendations approved this week by the Georgia Council on Criminal Justice Reform.  The Council’s final report is due to Governor Nathan Deal, the judiciary and legislators before they open their session on Monday, January 13, 2014.

The Council approved four proposals to update civil asset forfeiture law which has been a contentious issue.  (YouTube)  And, it sought to strengthen personal protection by proposing legal action could be taken against private parties who publish erroneous or outdated criminal records, especially when that information is provided to employers or for other purposes.  (YouTube)

If approved by legislators, “The Box” that asks whether applicants have a felony conviction would disappear from state employment forms with exceptions for public safety positions and any job for which a felony conviction automatically disqualifies the candidate.  Georgia could become the eleventh state to “Ban the Box” which was eliminated by Atlanta city government in January.  (YouTube)

“This is limited to just state employment,” said Council co-chair and Governor’s Office Deputy Executive Counsel Thomas Worthy.  “This Council understands the importance of not telling private corporations or employers what to do and not telling them what they have a right to know about their potential applicant pool.  This is the state saying we can lead by example.”

The rationale for changing the state application form is that “The Box” creates a barrier to employment that often is impossible for former offenders to overcome.  A review of the applicant’s offender history would be conducted later but not prior to determining whether he or she was qualified for and could do the work required in a state government position.

The Council voted to expand recidivism reporting, which is the rate at which former offenders return to the justice system.  In Georgia one-in-three released adults and one-in-two juveniles return to prison or the juvenile justice system within three years.  The new model would track released offenders for six years after release, to include assessment of the individual’s risk level every six months.  (YouTube)

The rationale for this change recognizes that adult reforms enacted two years ago and juvenile reforms enacted in 2013 were designed to incarcerate serious and violent offenders and move low-to-medium risk offenders into evidence-based programs, such as drug and mental health courts and their associated programs that are built on treatment rather than incarceration.

This philosophical new direction in Georgia adult and juvenile justice has the potential to create much higher risk adult inmate and juvenile detention populations and upon release, those persons could pose a more serious risk to re-offend than was the case prior to HB 1176 adult and HB 242 juvenile reforms.

Georgia releases 18,000 adults per year from its prisons; that is roughly one-third of the entire adult inmate population.   Based on the one-in-three formula, about 6,000 are re-incarcerated within three years.  Council co-chair and Georgia Court of Appeals Judge Michael Boggs said adding a six-year recidivism model will enable the state to better explain changing recidivism rates going forward.  “We want to be able to articulate why,” Boggs said.

Civil asset forfeiture reform was added to the Council’s agenda by Governor Nathan Deal after media reports this year questioned how local sheriffs and district attorneys spent money they seized from private parties.   A donnybrook erupted over HB 1 in the 2013 General Assembly with sheriffs angrily attacking the bill and district attorneys more demurely expressing their opposition.  (YouTube)

The Council said nearly three dozen forfeiture statutes should be standardized into a single policy; annual reporting should be required and specific rules should declare how law enforcement can spend seized funds.  Importantly, the Council said someone who seeks return of personal assets should have “expedited” access to a hearing conducted by any of several judicial branches including Superior, Magistrate and Juvenile court judges.  The Council did not propose any specific timetable for hearings.

The Council deferred until next month approval of a “negligent hiring” recommendation that would provide liability protection to employers who hire former offenders.  Additional work will be done on that proposal before the Council meets either January 6 or 7.  This is considered an essential part of the prisoner re-entry process because having a job often determines whether former offenders succeed or fail when living back in the community.  (YouTube)

Other highlights:  The state is expected to move forward with specialized Veterans’ Courts as part of the accountability courts model that currently includes drug and mental health courts.  Expansion of special services to veterans was not included in HB 1176 but is possible now due to available federal funds.

Driver’s license reinstatement would become possible for some but not all drug possession offenders whose crime was not related to operating a motor vehicle.   This is considered essential for offenders who need to fulfill post-incarceration program requirements and for employment.   (YouTube)

The Council recommended that legislators approve a five-year plan to guide adult and juvenile justice implementation with an emphasis on performance measurement summaries. (YouTube) Georgia’s adult and juvenile justice system reform has been assisted by the Pew Center on the States, the Annie E. Casey Foundation,  the Vera Institute of Justice, and other partners.