February 16, 2007

Fairness for Prisoners’ Families
Legislative Update
 February 16, 2007, Legislative Days 18-21

In this message:

  • Action Alert
  • Spotlight On...
  • New criminal justice bills
  • Criminal Justice Bills of Interest
  • Taking Action, Background and Resources
  • Upcoming Events

«« Action Alert ««

Next week a subcommittee of House Judiciary (Non-Civil) will hold a hearing House Bill 185.  This legislation would allow death penalty verdicts to be handed down with only 9 of the 12 jury members in agreement.  Georgia would be the only state system that would allow non-unanimous verdicts in death cases.  Please take action now and remind the members of this committee that a unanimous jury helps safeguard against the inherent problems in the legal system.

You can send emails directly to all committee members by clicking here. Urge these legislators to vote "no" on HB 185 today!

SPOTLIGHT ON...

This week, SB 129 was introduced in the Senate. This bill would allow for the Georgia Department of Corrections to charge people in prison an additional co-payment for their prescription drugs.  A few of the problems with SB 129 include:

  • Since people in prison cannot work and earn a paycheck, SB 129 sets up yet another way for the GA Department of Corrections to nickel & dime their family members and friends. It is the mothers, spouses, and friends that provide their loved ones in prison with small amounts of money to purchase soap, toothpaste, over-the-counter medication, stamps and other basic necessities.
  • SB 129 will set up two tiers of people in prison — those who have funds to get medical care and commissary privileges, and those who have to choose between the two.
  • SB 129 does not provide for a specific amount for a co-payment for medication but leaves it to authorities in individual facilities to determine the amount to charge for medical care. This will lead to inconsistencies throughout a system already complicated by variances.
  • Avoiding medical care for "minor" situations can lead to serious consequences for the individual or the prison population, since the minor situation can deteriorate to serious status or lead to the infection of others.

This is one of Fairness’ priority pieces of legislation for 2007 and we will be taking action against it on February 27th at the Family Day at the Capitol (see Upcoming Events section below for more info).  We will also be posting information on what actions we can take to work together to stop SB 129 from passing. 

New Criminal Justice Bills:

We will update you weekly about the progress of criminal justice legislation or you can click on the link provided below to learn more about the bill’s status, sponsor, committee(s), and votes. To access any bill, click on the bill number below or go to the following address and type in the bill number in the top right corner: http://www.legis.state.ga.us/

House Bills
HB 344:  Circuit public defenders; certain retirement systems; membership; provisions
HB 355:  Warrant searches; video conference issuance; change provisions
 HB 395:  First offenders probation
HB 414: DUI Alcohol or Drug Use Risk Reduction Program; direct offender to complete
SB 1:     Sexual Offenders; unlawful to photograph minors; provide penalties
SB 34:   Penal Institutions; possession of photograph of victims by certain persons confined; prohibit
SB 54:   Offenses; incest; provide for gender neutrality

Senate Bills
SB 129:  Penal Institutions; provide limited co-payments by inmates for prescription medications
SB 135:  Criminal Reproduction; increase penalties; provide forfeiture of certain items
SB 139:  Georgia Public Defender Standards Council; transfer from judicial branch to executive branch
SB 140:  Circuit Public Defender; change composition of selection panels; removal; terms
SB 141:  Georgia Public Defender Standards Council; change composition
SB 142:  Circuit Public Defenders; may hire additional personnel; authorized by local law
SB 143:  Judicial Circuits; alternative delivery systems; provide for funding
SB 145:   Crime and Sentencing; persons convicted of murder; imposition of life without parole

Senate Resolutions
SR 246: Indigent Defense; create Joint Study Committee   

Criminal Justice Bills of interest: 

Corrections Bills
 HB 37:  Prisoners; await trial in mental health facility; provide
 HB 313  Georgia Correctional Industries Administration; certain inmate work programs; clarify
SB 34:   Penal Institutions; possession of photograph of victims by certain persons confined; prohibit 

Sex Offense Bills
 HB 226 Obscenity crimes; distribution of obscene materials; insert new provisions
HB 314  Persons convicted of certain sex offenses; probation; DNA analysis; provide
SB 1:     Sexual Offenders; unlawful to photograph minors; provide penalties
SB 20:   Sexual Offenses; carnal knowledge with disabled person incapable of granting consent; unlawful; provide penalties
SB 54:   Offenses; incest; provide for gender neutrality
SB 117  Bail; sexual offenses; certain additional conditions   

Juvenile Justice Bills
HB 50:  The Interstate Compact for Juveniles; enact; repeal previous compact
HB 52:  Juvenile proceedings; arrest and detention of accused children; change provisions
 HB 270 Juvenile proceedings; appointment of guardian ad litem; change provisions
 HB 334  Associate juvenile court judges; hearing in certain cases; change provisions 

Criminal Procedure, Sentencing, and  Death Penalty Bills
 HB 126: Criminal procedure; verdict in felony case; jurors; provisions
HB 185: Death penalty; jury findings; aggravating circumstance; change provisions
 HB 197 Imprisonment sentence reviews; more than 12 years; three-judge panel; repeal
HB 276 Biometric Information Protection Act; enact
HB 280 Controlled substances; sale of marijuana flavored products to minors; ban
HB 281 Controlled substances; child care learning centers; create drug-free zone
 HB 308  Eyewitness Identification Accuracy Enhancement Act; enact
HB 333  Weapons; crime or delinquent act; provisions
HB 336  Driving under the influence; mandatory sentences; increase
SB 21:   Crimes; person convicted of murder against peace officer, corrections employee, or firefighter; official duties; change punishment
SB 23:   Criminal Sentencing Procedure; probation/suspension; court may inquire/consider the legality of prisoner's presence in United States
SB 37:   Criminal Procedures; allow a change of sentence under certain circumstances
SB 48:   Penal Institutions; transmittal information on convicted persons; provide notice to the attorney of record for the convicted persons
SB 62:   Georgia Crime Information Center; provide certain conditions for requesting criminal history records
 SB 79  Criminal Attempt; increase maximum punishment for convictions; felonies punishable by death/life imprisonment
SB 91  Traffic Offenses; fleeing/attempting to elude a pursuing police vehicle; punishment; change provisions
SB 97  Criminal Trial Proceedings; require parties to raise specific objections to jury charges prior to jury retiring to deliberate
SB 98  Crimes/Offenses; Georgia Bureau of Investigation investigate certain offenses against minors, including subpoena power
SB 100 Crime; knowingly manufacturing, selling, or distributing false identification documents; increase certain penalties
SB 119  Criminal Procedure; victim/members of immediate family with rights

Probation and Parole System Bills
HB 64:  Division of Probation/Parole Community Based Supervision; create
HB 65:  Department of Probation/Parole Community Based Supervision; create

County  Bills
 SB 22:   Detentions; counties housing state inmates; increase the minimum reimbursement rate 

Police Bills
 HB 51:  Sheriffs' duties; security plans; change frequency
HB 74:  Local governments; peace officers; authorize power of arrest; provisions
HB 75:  Serious traffic offenses; felony fleeing; attempt to elude police; provisions
 HB 149: Law enforcement officers; stop motorists; race or ethnicity; prohibit
HB 326  Sheriffs; candidates; certified peace officers; require

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:
 
 The Web site for the General Assembly www.legis.state.ga.us is packed with useful information, including directories that list House and Senate members by name and by district. The directory lists the legislator's office address, phone number and e-mail. Some legislators also list biographical information, along with their home address and phone number. Please note that the General Assembly Web site has not yet been updated with results from the November 2006 elections, but will be soon.
House members by name
Senators by name

 
STATE GOVERNMENT
 • Main state site
• Governor's office
• Lt. governor's office

Don’t Forget:

Fairness for Prisoners’ Families Day at the Capitol
 February 27, 2007
8:30 am to Noon
Orientation at 8:30 am, Trinity United Methodist Church
 265 Washington St. SW, Atlanta, GA 30303, 404-659-6236

 To RSVP or for more information, please contact:  404/681-5576 or see www.fairness4families.org

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. The keys to political power are voting and voicing our concerns to our elected officials.  Through legislative advocacy the families and friends of the Georgia’s incarcerated citizens can call our elected officials and the GDC to accountability for the care of the massive number of people in Georgia’s prisons and jails. 

About Fairness for Prisoners’ Families
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.  PLEASE JOIN WITH US FOR JUSTICE!

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
 stotonchi@schr.org