Recently, lawmakers in Georgia have decided a
change is needed in their juvenile justice laws. After Georgia’s legislature passed a series of reforms in
March 2012 that revised sentencing laws for non-violent drug and property
offenders,[1]
lawmakers have turned their attention to fixing Georgia’s increasingly
expensive juvenile system. Will
these proposed changes represent a sincere shift in how states adjudicate young
offenders, or, will they simply be a temporary stopgap in how Georgia handles
the offenses of its youngest offenders and budgetary constraints?
Given, what Georgia lawmakers have considered
an overwhelming success from their 2012 criminal justice system reforms––based
on both statistics and budgetary freedom––the focus for the current session is
how to minimize the financial impact of the juvenile system.[2] Currently, Georgia has a $300 million
budget for the juvenile justice department. A large percentage of Georgia’s budget––almost two-thirds––goes
to youth residential facilities, where the average cost of a bed per year is
over $91,000 for long-term facilities and over $88,000 per year for short term
youth detention centers. By
comparison, the incarceration of one single adult in a Georgia prison costs
approximately $18,000. Clearly,
with such high prices, a recidivism rate of nearly sixty-five percent of
youthful offenders incarcerated in
residential facilities is nothing less than a systematic failure.[3]
Following the release of the Criminal Justice
Reform Council Report on Juvenile Justice,[4]
the Chief Justice of the Georgia Supreme Court called for an overhaul of the
juvenile justice system.[5] Chief Justice Carole Hunstein stated
that legislators need to divert non-violent juvenile offenders away from
residential facilities and create a system in which such offenders become more
involved in community programs while taking a look at solutions to other common
problems within the juvenile system––substance abuse, domestic relations, and
gang involvement.[6] As the Reform Council Report notes,
their recommended changes would save Georgia taxpayers more than $88 million over
the next five years. Two questions
remain: (1) what reforms are the legislator proposing, and (2) will it be
effective in both serving the needs of offender rehabilitation while minimizing
systematic cost?
In their report, the Reform Council proffered
a series of fifteen recommendations, which were broken into two categories––(1)
those that focused on limiting the use of residential and short term detention
facilities to high-risk serious offenders, and (2) those that focused on
reducing recidivism by strengthening community supervision programs. The first category focused on the
actual reformation of how the system designates youthful offenders and assesses
potential penalties, whereas the second category focused on the need to “cut
the fat” from increasingly unsuccessful community supervision programs that
have failed to keep offenders from re-entering the justice system.
Chief among the first category’s
recommendations is the creation of a two-class system within the Designated
Felony Act. Currently under
Georgia law, there is a single all-encompassing felony provision that ranges
from burglary to murder. For the
Reform Council, a two-class system that distinguishes the offenders by both
severity of offense and risk-level would allow for a better use of state funded
resources. Similarly, the Reform
Council recommended the prohibition of low-risk status offenders and
misdemeanors offenders from commitment to residential or detention facilities.[7] The report noted that in 2011,
fifty-three percent of juveniles in non-secure residential facilities were
adjudicated for either misdemeanors or status offenses. Following the path of states like
Texas, Florida, Virginia, and Alabama, the Reform Council recommended that that
status offenders be barred entirely from being sentenced to residential or
detention centers; such facilities should be reserved for those juveniles who
(1) are adjudicated delinquent for a felony offense; or (2) whose current offense
is a misdemeanor but has at least four prior adjudications of delinquency
including at least one prior felony adjudication. Such recommendations, if adopted, should help to curb the
inflow of non-violent offenders in an increasingly expensive and inefficient
system. However, what, if any,
repercussion can the state offer to those barred from out-of-home facilities
(residential or detention placements)?
The second part of the Reform Council’s
report addressed the limited sentencing options that juvenile judges have in
lieu of out-of-home placement.[8] However, despite a series of
recommendations regarding increased reporting and auditing requirements and the
implementation of new juvenile assessment tools––scales that assess the risk
and placement of a juvenile––the Reform Council offered few concrete steps for
legislators and community officials to follow in reforming alternative
programs. Regardless, these recommendations
were drafted into House Bill 242 (“The Juvenile Justice Reform Bill”),[9]
which was introduced to the Georgia General Assembly on February 8, 2013.
It is evident from the high cost of
out-of-home placement and the increasing recidivism rates that the current
system juvenile justice system in Georgia is broken. While the steps recommended by the report are a clear start
to reassessing the needs of both the individual offenders and the system as a
whole, there are still huge concerns with how to reduce recidivism rates. Keeping low-risk offenders out of
residential facilities is certainly a step in the right direction; however,
more guidance, reform, and oversight is needed in alternative community based
programs.
Jason Navia
Senior Blog Editor, Criminal Law Brief
Image by: Ken Lund
[1] http://www.legis.ga.gov/Legislation/20112012/127628.pdf
[2] http://jacksonville.com/news/crime/2013-01-23/story/10000-empty-beds-georgia-county-jails-due-criminal-justice-reforms
[3] Note: The overall recidivism rate of Georgia youth offenders is fifty-three percent.
[4]http://www.georgiacourts.gov/files/Report%20of%20the%20Special%20Council%20on%20Criminal%20Justice%20Reform%20for%20Georgians%202___.pdf
[5] http://www.thecrimereport.org/news/crime-and-justice-news/2013-02-ga-jj-reform
[6] http://www.ajc.com/news/news/crime-law/push-begins-to-reform-juvenile-justice-system/nWJbt/
[7] http://jjie.org/hearings-soon-on-georgia-juvenile-justice-overhaul/104511
[8] http://www.djj.state.ga.us/FacilitiesPrograms/fpRYDCAndYDC.shtml
[9] http://www.legis.ga.gov/Legislation/20132014/130097.pdf
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