Fact sheet, sentencing legislation 2019

FACT SHEET
SENTENCING LEGISLATION

2019

TIMOTHY C. WARD COMMISSIONER RICKY MYRICK ASSISTANT COMMISSIONER FACILITIES DIVISION

Senate Bill 440 is the Juvenile Justice Reform Act of 1994, which gave the superior (adult) court exclusive jurisdiction over the trial of any juvenile 13-17 years old alleged to have committed offenses known as the "Seven Deadly Sins." Senate Bill 441 states that any offender convicted of the seven crimes identified in SB 440 will serve a minimum of 10 years in prison.
Following these bills, Criminal Justice Reform (CJR) kicked off in 2012. CJR aimed to reduce the growth of the prison population and much more.

OVERVIEW
Senate Bill 440 The Juvenile Justice Reform Act of 1994 Senate Bill 441 Mandatory Minimums of 1995
Passed at the time of "get tough on crime" Impacted the rising prison population Bills seen by the public as being tough on crime were
popular at the time Current research and prison overcrowding show that
perhaps these policies are no longer a best practice House Bill 1176 - Criminal Justice Reform Bill
Passed in 2012 Contained legislation focused on rehabilitation rather
than incarceration for non-violent offenders House Bill 346 - second leg of Criminal Justice Reform
Passed in 2013 Contained legislation focused on mandatory minimum
safety values and creation of the Georgia Council on Criminal Justice Reform Senate Bill 365 - third leg of Criminal Justice Reform Passed in 2014 Contained legislation focused on post-incarceration reforms suggested by the Georgia Council on Criminal Justice Reform
SB 440 - THE JUVENILE JUSTICE REFORM ACT
Any juvenile offender who is convicted of seven specific offenses will serve their time in a Department of Corrections (DOC) facility, rather than in the custody of the Department of Juvenile Justice
Gave the superior (adult) court exclusive jurisdiction over the trial of any juvenile 13-17 years of age alleged to have committed offenses known as the "Seven Deadly Sins" Murder Rape Armed robbery with firearm Aggravated child molestation Aggravated sodomy Aggravated sexual battery Voluntary manslaughter

Original juvenile justice system was based on a rehabilitative model that offered treatment to young offenders
Rehabilitation was replaced by retribution in the 1990s Result of a staggering increase in juvenile crime The spike in juvenile crime was short-lived Juvenile crime rates returned to normal levels in 1995 and have dropped since that time
Legislators passed laws that: Transferred youth to adult criminal court if they committed certain offenses Juvenile offenders would face long sentences in the adult system
From 1990-1996, 44 states and the District of Columbia had passed similar laws By 2006, every state had passed a juvenile transfer law
Youth arrested for one of the "Seven Deadly Sins" does not mean they will be tried in the adult system as prior to indictment, the Superior Court exercises prosecutorial discretion on which court, if any, the case ultimately will be heard.
In some circumstances, juveniles may end up serving life in prison without the possibility of parole. Those
offenders serve their sentences in adult prisons.

SB 441 - MANDATORY MINIMUMS
Any offender convicted of one of the seven crimes
identified in SB 440 (also known as the "Seven
Deadly Sins") will serve a minimum of 10 years in
prison:
If the offender was sentenced to longer than the
10-year minimum, they would not be eligible for
parole at any time during that sentence
A second conviction for these offenses would
result in a sentence of life without parole
The seven crimes include:
Murder
Rape
Armed robbery with firearm
Aggravated child molestation
Aggravated sodomy
Aggravated sexual battery
Voluntary manslaughter Effective January 1, 1995 Also known as "two strikes" law Anyone convicted of a second "deadly sin" receives a
mandatory sentence of life without parole

FACT SHEET
SENTENCING LEGISLATION

2019

TIMOTHY C. WARD COMMISSIONER RICKY MYRICK ASSISTANT COMMISSIONER FACILITIES DIVISION

CRIMINAL JUSTICE REFORM HOUSE BILL 1176
Passed in 2012 Aimed to curb the growth of prison population and
improve public safety, while saving tax payers money Steers the least dangerous, least hardened offenders
away
Special Council on Criminal Justice Reform
collaborated with the Pew Center
Reserved prison space for people who commit serious
crimes Created degrees of severity for crimes like:
Burglary Forgery Theft Raised the threshold for felony theft from $500 to $1,500 Established alternatives to incarceration for low-level, non-violent drug and property offenders Allowed the courts to order electronic monitoring with all offenders. Allowed probation to impose graduated sanctions that swiftly and certainly respond to offender violations. Invested $10 million in accountability courts and diversion programs Offenders struggling with drug addiction and mental illness: Receive treatment Are required to work Are required to remain sober Monitors efficiency to see what's working and what isn't
HOUSE BILL 349
Passed March 2013; effective July 2013 Second leg of Criminal Justice Reform Created a 15-member panel Georgia Council on
Criminal Jusice Reform Created a safety valve on mandatory minimums for:
Drug Trafficking Seven Deadly Sins Defined "Unsupervised" probation as a probated sentence that follows active probation Probationer may have reduced reporting
requirements, supervisor shall not actively supervise probationer; however, all conditions remain intact Restored a suspended driver's license for limited use for participants of a drug or mental health court in order to allow them to attend the court-order program Created a $500 HOPE voucher for those who complete their GED while incarcerated (must be used within 24 months of release)

SENATE BILL 365
Passed in 2014 Third leg of Criminal Justice Reform Focused on post-incarceration reforms suggested by
the Georgia Council on Criminal Justice Reform Developed and implement programs to assist adult
offenders with reentry Provided liability protection to employers who hire
former offenders who successfully completed GDC pre-release programs Created a Program Treatment Completion certificate, which went live February 2015
HOUSE BILL 310
Created a new agency, Department of Community Supervision (DCS) Merged all felony community supervision into one agency
Governor Deal signed HB 310 into law on May 7, 2015
DCS officially began operations July 1, 2015 GDC Probation Operations, Pardons & Paroles (PAP)
and Department of Juvenile Justice Probation merged to create DCS
July 1, 2015 transferred 160,000 probationers and 1,600 Probation Operations employees to DCS