Fairness for Prisoners' Families
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Fairness for Prisoners’ Families
Legislative Update
February 6, 2006, Legislative Days 10-13In this message:
- This week in criminal justice at the legislature
- New criminal justice bills
- Taking Action
- Background and Resources
- Upcoming Events
- List of criminal justice bills we are tracking
This week in criminal justice at the legislature
Sex Offender Legislation
On Thursday, the House of Representatives passed HB 1059, House majority Leader Jerry Keen’s “Sexual Predator” legislation. This bill:
- Establishes mandatory sentence of 25 to 50 years in prison for kidnapping if the victim is less than 14 years old; for rape, regardless of the age of the victim; for aggravated sodomy, aggravated child molestation, aggravated sexual battery; and for incest if the victim is less than 14.
- Creates crimes of aggravated assault "with intent to rape a child less than 14 years," with a 25- to 50-year prison sentence; and aiding, abetting or harboring a sex offender, with a sentence of 5 to 20 years in prison.
- Includes "Romeo and Juliet" provisions that make certain sex crimes a misdemeanor if the victim is 14 or 15 and the defendant no more than three years older to allow for 'youthful indiscretions' between willing teenage partners.
- Requires that anyone convicted of a serious violent felony (murder or felony murder, armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy, aggravated sexual battery) and sentenced to life in prison serve a minimum of 20 years in prison before consideration for parole, six years more than current law.
- Any sex offender deemed a sexually dangerous predator by the Sexual Offender Registration Review Board would have to wear a global positioning satellite electronic monitor for the rest of his or her life.
- Prohibits registered sex offenders from living or working within 1,000 feet of any child care facility, church, school or "area where minors congregate." It also makes it illegal for child sex offenders or sexually dangerous predators to loiter in those areas.
To see how members of the House voted on this legislation, visit: http://www.legis.state.ga.us/legis/2005_06/votes/hv0592.htm Fairness for Prisoners’ Families is deeply grateful to the legislators who voted “no” on this bill. In particular, we owe gratitude to the Georgia Legislative Black Caucus for listening to and carrying our concerns on more than one occasion.
HB 1059 now moves to the Senate for further consideration. Fairness also extends its deepest thanks to our allies at the Georgia Association of Criminal Defense Lawyers and the Barton Child Law & Policy Clinic for all their hard work on HB 1059.
To read the AJC’s coverage of the debate and passage of this bill, visit: http://www.ajc.com/friday/content/epaper/editions/friday/metro_342e6fd9f047005f007e.html
To read how this bill has hit home for a member of the House, visit: http://www.ajc.com/thursday/content/epaper/editions/thursday/metro_341eeb7af047909d0018.html
To read the AJC’s coverage of the impact of this bill on juveniles, visit: http://www.ajc.com/wednesday/content/epaper/editions/wednesday/metro_347d0300a2c9d06610a0.html
New Criminal Justice Bills:
House Bills (click on the bill number to read the bill.)
HB 1163: This bill allows for a hearing to be held to send a case from superior court to juvenile court the 7 Deadly crimes.
HB 1235: This bill creates a procedure where members of a jury may submit questions to be asked to a witness.
HB 1239: This bill provides for annual education in junior high schools about changes to criminal law in Georgia and how it can impact them.
Senate Bills (click on the bill number to read the bill.)
SB 477: This bill requires counties to give authorization to the Department of Corrections before it can build or lease a new facility within that county.
SB 478: This bill increases the penalties for committing a sex offense against a mentally challenged person by ten years.
SB 503: This bill allows for the $50 application fee for a public defender to be collected as a condition of probation, and no one will be denied a lawyer if they cannot pay the application fee. This bill also staggers the terms of the members of the Georgia Public Defenders Standards Council.
Don’t Forget:
THIS WEEK: POOR PEOPLE’S DAY! The 26th annual Poor People’s Day at the Capitol will be held February 8 and 9, 2006 at Trinity United Methodist Church. Poor People’s Day is actually two days: Education Day and Action Day. If you are part of a struggle for health care, living wage, right to organize, changing the criminal justice system, housing, etc. then come out for an event dedicated to connecting and expanding the work. You can get involved in Poor People’s Day by contacting the Hunger Coalition at 404.622.7778 or at hungercoalition@mindspring.com.
Taking Action:
For information on who are your legislators and how to contact them, please visit Fairness’ Action Center. This page also includes voter registration information, links to the Georgia Constitution and Code, and reasons why we must raise our voices!
Background and resources:
LEGISLATURE
• General Assembly
• Senate members
• House members
• Track bills
• Who represents you?
STATE GOVERNMENT
• Main state site
• Governor's office
• Lt. governor's office
Upcoming Fairness Events
Fairness for Prisoners’ Families is an organization of families across the state who have a loved one in a Georgia prison. Fairness is helping families deal with the Georgia Department of Corrections (GDC) and is working to create real change in both the Georgia prison system and the parole consideration process. Together we are calling for the state of Georgia to be accountable for its treatment of prisoners and the friends and families who care about them. We meet on the third Monday of each month. PLEASE JOIN WITH US FOR JUSTICE!
- Fairness For Prisoners’ Families Atlanta Chapter Meeting: Atlanta Chapter Meeting February 13th, 2006 6:30 p.m.-8:30 p.m. St. John’s Lutheran Church, 1410 Ponce de Leon Ave. Atlanta, Ga. 30307. For more info: Call Renee or Shareef at 404/681--5576
- Fairness for Prisoners’ Families Savannah Chapter Meeting: February 15, 2006, 6:30pm (Change due to Poor Peoples' Day). 2222 Bull Street Savannah, GA 31401. For more info: Call Renee or Shareef at 404/681--5576
- SAVE THE DATE! Fairness for Prisoners’ Families Day at the Capitol March 2nd, 2006, 9 am to Noon, Orientation at 9 am, Central Presbyterian Church 201 Washington St. SW, Atlanta, GA 30303, 404-959-0274. During the legislative session Fairness follows legislation important to those with imprisoned loved ones. Join us this special day when we all approach our legislators about the ways state policies effect the hundreds of thousands of adults and children in Georgia who have a friend or family member in prison, jail, on parole or probation, or in youth detention centers.
Bills of interest:
Because 2006 is the second year of a two-year session, bills introduced in 2005 are still eligible for passage.
Bills that directly impact people in prison and their families
HB 49: This bill will make it so that people in prison who did not qualify for a public defender will pay for the costs of their incarceration. Rates charged for incarceration will be based upon the ability of the person in prison to pay, giving priority to any legal obligation of the inmate to support a spouse, minor children, or other dependents.
HB 326: This bill would require that upon request, the Georgia Bureau of Investigation investigate any death of a person in a jail, correctional institution, or prison.
HB 657: This bill prohibits members of the legislature from contacting or appearing before the Department of Corrections or the Board of Pardons and Paroles on anyone’s (including family members) behalf, unless they are an attorney representing that person in a parole/probation case.
HB 1126: This bill allows for correctional officers who are injured by “inmate violence” to receive medical medicare benefits after 3 years rather than the previous the eight-year service requirement.
HR 7: This resolution is to create a Constitutional Amendment that would allow people who are convicted of felonies to be able to register to vote and vote once they are no longer incarcerated and while serving probation or parole. It includes language for the ballot that this would be voted on.
HR 9: This resolution is to create a Constitutional Amendment that would allow people who are convicted of felonies to be able to register to vote and vote once they are no longer incarcerated and while serving probation or parole. It includes language for the ballot that this would be voted on.
HR 161: This resolution urges independent investigations for deaths of people confined in jails or correctional institutions.
Sex Offense Bills
HB 13: This bill changes the punishment for aggravated sodomy when the victim is 12 years old or younger (the age was formerly 10) to a minimum of 10 years to the possibility of life in prison or the death penalty.
HB 106: This bill adds to the definition of “sexually violent offense” to include aggravated assault with intent to rape.
HB 140: This bill adds to the definition of “sexually violent offense” to include aggravated assault with intent to rape.
HB 169: This bill removes the statute of limitations for prosecution for aggravated child molestation.
HB 171: This bill applies to those who must register with the Sexual Offenders’ Registry. It will make it so that a person who is convicted of a criminal offense against a minor will have to their registration every 90 days.
HB 188: This bill applies to those who must register with the Sexual Offenders’ Registry and will require them to pay $25 to have their picture published in the legal paper of the county in which the crime happened.
HB 942: This bill changes the penalties so that if an adult (18 years or older) is convicted of rape of a person 12 years old or younger they can receive a sentence of life without parole.
HB 948: This bill changes the language regarding incest to be gender neutral.
HB 1031: This bill changes the language regarding sodomy to be gender neutral.
HB 1059: House majority Leader Jerry Keen’s “Sexual Predator” legislation. This bill increases sentences from 10 to 25 years to 50 years and requires lifetime electronic monitoring of some sex offenders. It impacts children ages 13-16 who would be prosecuted and sentenced as adults. Consensual sexual activity between 13 year-olds could be punishable by a minimum of 25 years in prison.
SB 372: This bill changes many definitions regarding sex offenders, provisions for the sex offender registry, and residential requirements.
SB 377: This bill changes the potential sentences for many sex offenses to a mandatory minimum of 25-50 years to life imprisonment.
SB 378: This bill changes the distance from areas where children congregate where registered sex offenders may live from 1000 feet to 2500 feet.
SB 449: This bill prohibits a registered sex offender from living in a dorm or other housing owned by a college or university.
SB 451: This bill allows for sheriff’s to elect to publish in the local paper the name and photograph of someone convicted of a sex offense when he or she is release on probation or moves to their county.
Indigent Defense
HB 316: would authorize the appointment of one assistant public defender for the juvenile division in each circuit public defender office.
SB 203: This bill authorizes counties to recovery attorney’s fees and costs from someone who received indigent defense services but wasn’t qualified to.
SB 221: This bill would allow for counties to opt-out of the Public Defender system.
Juvenile Justice Bills
HB 77: This bill is supposed provide funding for local juvenile diversion programs buy adding an additional fine to those who receive fines in juvenile court.
HB 79: This bill is supposed provide funding for local juvenile diversion programs buy adding an additional fine to those who receive fines in juvenile court.
HB 181: This bill has to do with prosecuting children as adults for the “7 Deadly Sins”. It allows for a hearing to be held to send the case from superior court to juvenile court for all of the 7 Deadly crimes.
HB 325: This bill has to do with prosecuting children as adults for the “7 Deadly Sins”. It allows for a hearing to be held to send the case from superior court to juvenile court for all of the 7 Deadly crimes.
HB 607: This bill removes the mandatory minimum requirement for anyone who is younger than 18 years of age at the time of arrest for a serious violent felony (one of the “Seven Deadly” crimes).
HB 1145: This bill changes the way mental health evaluations are handled in juvenile cases.
SB 97: This bill would allow for fees collected in juvenile court to be used to fund truancy programs.
SB 135: This bill gives time limitations for charges against a juvenile to be presented to a grand jury or the case will be transferred to juvenile court.
SB 136: This bill gives an adult blood relative or stepparent the right to post bail for a child but requires them to immediately return the child to the individual or entity that has legal custody of the child.
SR 700: Extends the life the Juvenile Law Commission charged with reviewing Georgia’s juvenile code sections and making recommendations about necessary updates and changes.
Death Penalty Bills
HB 57: This bill prohibits the license of any doctor who participates in an execution from being challenged, suspended, or revoked.
HR 301: This resolution creates the Georgia Capital Punishment Study Commission to study the death penalty and urges the suspension of executions until a report from this study commission is submitted to the General Assembly, and the General Assembly and the Governor respond to recommendations from the study commission.
SB 2: This bill would make it so that in misdemeanor, felony, and death penalty cases, the prosecution and defense would have an equal number of peremptory jury strikes.
SR 184: This resolution creates the Georgia Capital Punishment Study Commission to study the death penalty and urges the suspension of executions until a report from this study commission is submitted to the General Assembly, and the General Assembly and the Governor respond to recommendations from the study commission.
SB 398: This bill changes provisions relating to the court's instructions and procedures related to psychiatric evaluations of a defendant entering a plea of insanity.
Sentencing Bills
HB 130: This bill amends the already existing "Georgia Street Gang Terrorism and Prevention Act," by adding more crimes (including spray painting) to be included in this statute. It also raises the minimum fine that one would be charged with from $5000 to $10,000 and the prison time from three to five years but no more than 15.
HB 175: This bill adds the possibility of a fine (in addition to imprisonment) to someone who commits a drug offense.
HB 222: This bill changes the provisions in obtaining discovery in felony cases.
HB 248: This bill will sentence people convicted of murder and who have previously been convicted of three or more felonies to life without parole.
HB 278: This bill makes it illegal to have secret compartments in a car to hide drugs in and makes the offense punishable by a fine of not more than $10,000.
HB 386: This bill would change the penalties for if a person is convicted of the crime of criminal conspiracy to commit a crime that is punishable by death or by life imprisonment, then they will receive a sentence of not less than one year nor more than 20 years.
HB: 387: This bill would change the penalties for if a person is convicted of the crime of criminal attempt to commit a crime that is punishable by death or by life imprisonment, then they will receive a sentence of not less than one year nor more than 20 years.
HB 398: This bill would change the penalties for if a person is convicted of the crime of criminal solicitation to commit a crime that is punishable by death or by life imprisonment, then they will receive a sentence of not less than one year nor more than 20 years.
HB 432: This bill allows for a judge to permit someone convicted of a felony and sentenced to the GA Department of Corrections to be able to participate in work-release programs.
HB 946: This bill changes current definitions so that a person must be at least 16 years old to be charged with prostitution
HB 1057: This bill changes certain provisions relating to the definition of the term "dangerous drug".
SB 57: This bill will sentence people convicted of murder and who have previously been convicted of three or more felonies to life without parole.
SB 58: This bill amends the already existing "Georgia Street Gang Terrorism and Prevention Act," by adding more crimes (including spray painting) to be included in this statute.
SB 89: This bill changes the definition of “dangerous drug” and the quantity that would be illegal to have.
SB 393: This bill changes the definition of stalking and provides for penalties of imprisonment for not less than one year nor more than ten years or by a fine up to $10,000.00.
SB 428: This bill increases penalties for possession, manufacturing, or selling drugs on church property.
Probation and Parole System Bills
HB 60: This bill would create the division of probation/parole community based supervision.
HB 64: This bill limits the amount of time a person can spend in a probation detention or diversion center to 120 days.
HB 65: This bill would create the division of probation/parole community based supervision.
HB 692: This bill requires that if banishment is being used that they must be banished to an entire judicial circuit where services required by their probation are available.
SB 59: This bill allows for people placed on probation for misdemeanor convictions to be confined in county diversion centers.
Privatization Bills
HB 472: This bill requires that, prior to the privatization of any executive branch institution or program, (1) the appropriate legislative oversight committee be notified; and (2) a study be conducted resulting in findings that state employees will be able to apply for continued employment; and that if they are discharged, they will receive assistance from the Department of Labor in finding new employment.
SB 44: This bill allows for the Board of Corrections to enter into contracts for the operation of private probation detention and diversion centers.
County Funding Bills
HB 477: This bill provides for counties’ reimbursement for housing state-sentenced inmates at a rate of at least $40 per day, with that minimum rate to be increased each year in proportion to cost-of-living increases.
SB 433: This bill increases the amount the state must reimburse counties for housing state inmates. If a state inmate is not transferred within 15 days of being sentenced, the Department of Corrections will reimburse the county $45.00 per day per inmate (rather than $7.50).
Police Bills
HB 29: This bill will ban the use of any electroshock device, including stun guns, stun shields, and Tasers by any state, county, or local law enforcement officer in the line of duty.
HB 30: This bill is intended to stop racial profiling during police stops. It prohibits police officers from using race or ethnicity to determine whether to stop a motorist, requires police officers to document the race, ethnicity, and gender of a motorist and passengers that they stop, and requires annual training of police officers about racial profiling.
HB 1019: The "Taser Certification Act": requires that peace officers must complete a training about the proper use of Tasers and stun guns at least every two years in order to be certified.
HR 6: This resolution urges all law enforcement and correctional agencies to suspend the use of all electroshock devices, including stun guns, stun shields, and Tasers.
SB 148: This bill would create policies to stop racial or ethnic profiling by law enforcement officers when stopping a driver.
SB 213: This bill is the "Racial and Ethnic Justice Act of 2005." It provides definitions of racial profiling; prohibits racial and ethnic profiling by law enforcement officers and agencies; provides procedures for the investigation of allegations of racial and ethnic profiling; and requires training on racial and ethnic profiling for law enforcement.
If you have any questions or concerns, please don’t hesitate to contact me.
With hope and solidarity,
Sara
Sara J. Totonchi
Public Policy Director
Southern Center for Human Rights
83 Poplar Street, N.W.
Atlanta, Georgia 30303
404/688-1202 voice
404/688-9440 fax