Pubdate: Tue, 20 Mar 2012
Source: Atlanta Journal-Constitution (GA)
Copyright: 2012 The Atlanta Journal-Constitution
Contact: http://www.ajc.com/opinion/content/opinion/letters/sendletter.html
Website: http://www.ajc.com/
Details: http://www.mapinc.org/media/28
Author: Bill Rankin, The Atlanta Journal-Constitution 

SWEEPING CHANGES TO STATE SENTENCING LAWS PASSES COMMITTEE

A key legislative committee on Tuesday approved sweeping changes to
Georgia's criminal justice system in a sentencing reform package
intended to control prison spending and ensure costly prison beds are
reserved for the state's most dangerous criminals.

The legislation, approved by the Special Joint Committee on Georgia
Criminal Justice Reform, is a key part of Gov. Nathan Deal's
legislative agenda. House Bill 1176 must be approved by the House and
the Senate before the governor can sign it into law.

The committee approved several recommendations made by a council
comprised of judges, lawyers, lawmakers and other officials who were
appointed last year to study Georgia's approach to criminal
sentencing. The impetus behind the initiative has been fueled by the
$1 billion-plus corrections budget and projections that taxpayers will
have to spend another $264 million for more prison beds over the next
five years if no changes are made to current sentencing laws.

When HB 1176 was introduced last month, it received a lukewarm welcome
from Deal, who expressed concern it did not go far enough to reduce
projected increases in the prison population. Since then, a number of
substitutes have been considered and updated, including a new version
that was released shortly before the special committee met Tuesday
afternoon.

Committee co-chair Rich Golick, R-Smyrna, said the omnibus bill is
expected to be considered by the House on Wednesday and is projected
to save money on prison spending without making any "radical, too-fast
changes" to the criminal justice system. "The primary objective here
is to have a smart justice system that does not sacrifice one inch on
public safety," he said.

Late Tuesday, a spokesman for Deal said, "The governor remains
intimately involved in seeing this legislation through the General
Assembly, and he's confident legislators will deliver a product that
will save lives and save tax dollars."

Key provisions of the bill create new categories of punishment for
drug possession crimes, with less severe penalties for those found
with small quantities to the most severe penalties available for those
possessing large amounts of drugs. Judges would be allowed to impose a
sentence of no more than three years for possession of less than a
gram of drugs, for example, and be allowed to give a sentence of up to
15 years in prison for those found possessing between four and 28
grams of narcotics.

The panel sought to allay concerns by prosecutors and GBI Director
Vernon Keenan who had warned that the state crime lab would be
inundated with new cases -- at an estimated cost in the millions of
dollars -- because drugs that are confiscated will have to be weighed
before any sentences are imposed. For this reason, Golick said, these
new provisions are to be implemented in two stages, the first in July
2013 and the next a year later, so more resources can be dedicated to
handle the added expense.

HB 1176 also would:

 - Increase the felony threshold for shoplifting from $300 to $500.

 - Create three categories for burglaries, with more severe punishment
(up to 30 years) for break-ins of dwellings by burglars who are armed,
cause physical harm to a resident or had twice been convicted of
burglary, with the least severe penalties (up to five years) for those
who break into unoccupied structures or buildings. 

 - Increase the felony threshold for theft to $1,500, with the harshest 
punishment (up to 20 years) for thefts of property worth more than 
$25,000 and less severe penalties (up to five years) for thefts of 
property worth between $1,500 and $5,000.

 - Create degrees of forgery offenses, with graduated punishment for the 
type of offense and amount of money involved.

HB 1176 also would do more than change the state's criminal sentencing 
laws. It would eliminate the statute of limitations for prosecuting 
allegations of child molestation, expand the number of persons 
required to report suspicions of child abuse and allow judges to 
restrict records from being made available to employers of people who 
had previously been charged, but not convicted, of a crime.
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