THE STATE OF GEORGIA EXECUTIVE ORDER BY THE GOVERNOR: w HEREAS: WHEREAS: WHEREAS: WHEREAS: WHEREAS: WHEREAS: Crime and crime prevention are ever present concerns for the people of the State of Georgia and its government; and The sentencing of convicted criminals and the service of sentences handed down are clearly a central element of the state's overall criminal justice policy; and Georgia's prison population has expanded rapidly in the past twenty-five years and has created the need for an ever-growing number of prisons and prison beds; and The percentage of the state budget allocated for building prisons and maintaining prisoners has increased from two percent in 1975 to over six percent in 1999, and is expected to continue to climb well into the next decade; and There exists a need for review and recommendations with respect to a rational, consistent, and planned approach to sentencing through the use of sentencing guidelines in the Georgia criminal justice system; and Such sentencing guidelines will allow the State to properly prepare for future correctional needs, promote the divestiture of the Georgia Board of Pardons and Paroles from prison population management responsibility; concentrate current and planned prison capacity on the incarceration of violent, sex, and repeat offenders; accurately reflect the actual time that a felony offender will be imprisoned; reduce unwarranted disparity in sentences for offenders who generally have similar charges and similar criminal histories; maintain meaningful judicial discretion in the imposition of sentences and suffkient flexibility to permit individualized sentences; and, ensure that Georgia judges are able to sentence offenders to the most appropriate penalties within a coordinated system of correctional options programs; NOW THEREFORE, PURSUANT TO THE AUTHORITY VESTED IN ME B-21-0101-1999 0 RDERED: AS GOVERNOR OF THE STATE OF GEORGIA, IT IS HEREBY That there is created the Governor's Commission on Certainty in Sentencing (hereinafter "the Commission") which shall be comprised of 30 members who shall be appointed by the Governor and shall serve at the pleasure of the Governor and that the following persons be, and they are hereby, appointed as members of the Commission: Representatives of the Council of Superior Court Judges The Honorable John D. Allen Chattahoochee Judicial Circuit Columbus, Georgia The Honorable Robert E. Floumoy, Jr. Cobb Judicial Circuit Marietta, Georgia The Honorable John E. Girardeau Northeastern Judicial Circuit Gainesville, Georgia The Honorable Linda Warren Hunter Stone Mountain Judicial Circuit Decatur, Georgia The Honorable Faye S. Martin Ogeechee Judicial Circuit Statesboro, Georgia The Honorable Gary C. McCorvey Tifton Judicial Circuit Tifton, Georgia The Honorable Sidney L. Nation Rockdale Judicial Circuit Conyers, Georgia The Honorable James W. Oxendine Gwinnett Judicial Circuit Lawrenceville, Georgia B-21-0101-1999 Representatives of the District Attorneys' Association of Georgia The Honorable Tami Colston Rome Judicial Circuit Rome, Georgia The Honorable Robert B. Ellis Alapaha Judicial Circuit Nashville, Georgia The Honorable Ken Hodges Dougherty Judicial Circuit Albany, Georgia The Honorable Paul Howard Atlanta Judicial Circuit Atlanta, Georgia The Honorable Robert E. Keller Clayton Judicial Circuit Jonesboro, Georgia The Honorable Spencer Lawton, Jr. Eastern Judicial Circuit Savannah, Georgia The Honorable Kermit N. McManus Conasauga Judicial Circuit Dalton, Georgia The Honorable Lydia Jackson Sartain Northeastern Judicial Circuit Gainesville, Georgia Renresentatives of the Georgia Sheriffs Association The Honorable C. Lewis Parker Sheriff of Appling County Baxley, Georgia The Honorable Tommy E. Waldrop Sheriff of Douglas County Douglasville, Georgia B-21-0101-1999 Representatives of the Georgia General Assembly The Honorable Rene' D. Kemp Chair, Senate Judiciary Committee 121-I State Capitol Atlanta, Georgia The Honorable Greg Hecht Vice Chair, Senate Judiciary Committee 321-B Legislative Office Building Atlanta, Georgia The Honorable Jim Martin Chair, House Judiciary Committee 132 State Capitol Atlanta, Georgia The Honorable Tom Bordeaux Vice Chair, House Judiciary Committee 109 State Capitol Atlanta, Georgia Members of the Board of Pardons and Paroles The Honorable Walter Ray, Chair 2 Martin Luther King, Jr. Drive, SE. Atlanta, Georgia The Honorable Dr. Betty Cook 2 Martin Luther King, Jr. Drive, SE. Atlanta, Georgia The Honorable Bobby Whitworth 2 Martin Luther King, Jr. Drive, S.E. Atlanta, Georgia Commissioner of Corrections Commissioner William J. Wetherington 2 Martin Luther King, Jr. Drive, S.E. Atlanta, Georgia B-21-0101-1999 0 RDERED: 0 RDERED: Representative of Public Defenders Mr. Vernon Pitts Fulton County Public Defenders Office Atlanta, Georgia Representatives of Crime Victims Mr. David H. Moskowitz Moskowitz & Carraway, P.C. Atlanta, Georgia Ms. Helen Smith Chatham County Victim-Witness Assistance Program Savannah, Georgia Representative of Private Probation Mr. Lanson Newsome, President Detention Management Services, Inc. Jonesboro, Georgia. IT IS FURTHER That the Governor's Commission on Certainty in Sentencing will evaluate the State's sentencing and correctional laws and policies, past and current sentencing practices, and statistical and programmatic Georgia criminal justice trends, and by December 1,1999, will deliver a full written report to the Governor which will provide specific direction and guidance for the State on the development and implementation of advisory sentencing guidelines. IT IS FURTHER That the Commission shall also adopt a correctional population simulation model to assist State criminal justice executives, legislators and the judiciary in predicting the State correctional resources that will be needed to implement the Commission's recommendations. B-21-0101-1999 0 RDERED: 0 RDERED: IT IS FURTHER That. the Chair of the Commission is the Honorable Robert E. Flournoy, Jr., Superior Court Judge, Cobb Judicial Circuit, and the Vice-Chair is the Honorable Robert E. Keller, District Attorney, Clayton Judicial Circuit. IT IS FURTHER That regular meetings shall be held at such time and place as designated by the Chair or Vice-Chair and that members of the Commission shall serve without compensation but shall be reimbursed for travel and other reasonable and necessary expenses incurred while attending meetings of or on behalf of the Commission. Nonstate employees and legislators will receive the same per diem as that received by members of the General Assembly for attendance at meetings of the Commission. This 30th day of August 1999. GOVERNOR AA-//A EXECUTIVE SECRETARY B-21-0101-1999