When Rep. Tom Weldon (R-Ringgold) passed Barton Child Law and Policy Center Policy Director Kirsten Widner in a crowded hallway in the state capitol Thursday evening, he couldn’t resist passing on kudos. “You’ve had a good day,” he said, leaning in with a smile and an outstretched hand. “You’ve had a good day too,” she responded, with a grin and firm shake.
That exchange, in many ways, summed up the reaction many state child advocates and members of the Georgia General Assembly have expressed about the official close of the 2011 legislative session. And it’s not so surprising.
Crossover Day – the second longest work day on the Georgia General Assembly calendar – has wrapped up leaving some key juvenile justice and child-focused bills dead for the 2011 session. SB 127, also known as the Juvenile Code Rewrite and HB 185, the Runaway Youth Safety Act, that would allow homeless shelters to provide emergency housing and services to runaway children, are among the measures that didn’t meet the crucial deadline. VIEW SOME OF THE KEY JUVENILE JUSTICE AND CHILD-FOCUSED LEGISLATION. “It had not made it out of [the] Rules [Committee] in time and that’s very disappointing,” says HB 185 sponsor Tom Weldon (R – Ringgold). “It looked like it was going to progress.”
HB 265, which supports Governor Nathan Deal’s recent effort to assemble a new bi-partisan council to study criminal justice reforms and make recommendations to a joint legislative committee, was overwhelmingly approved by the House, 169-1.
Today is Crossover Day — the critical mid-point in the legislative session, when Senate bills move over to the House and House bills transition to the Senate. Any House bills that have not passed their chamber of origin will not progress in 2011. Because this is the first year of the two-year legislative cycle, any bills that fail to cross over may still be considered in 2012. Here’s an update on some of the legislation pertaining to young people in Georgia and juvenile justice issues that JJIE.org has been following. Senate Bills
SB 31 would expand attorney-client privilege to cover parents’ participation in private conversations with defense attorneys representing their children in delinquent or criminal cases. The bill introduced in January by Sen. Jason Carter (D-Decatur) gives the child – not the parent – exclusive rights to waive the privilege. This measure passed the Senate on February 23 and now awaits consideration by the House Civil Judiciary Committee. Introduced last month by Sen. Joshua McKoon (R-Columbus), SB 80 would require any person, including a juvenile arrested for a felony offense, to give a DNA sample. It would be analyzed and kept in a database by the Georgia Bureau of Investigation.
The Georgia House of Representatives has approved a measure dubbed the “good behavior bill,” that pushes for more discretion among juvenile court judges. The 169 to 1 vote came just in time to meet this week’s critical legislative “crossover day” deadline. “I am so pleased with the passage of House Bill 373 and grateful to B.J. Pak, Jay Neal, Wendell Willard, Stacey Abrams, Yasmin Neal and all of the representatives who voted in support of the bill,” said Georgia Department of Juvenile Justice (DJJ) Commissioner Amy Howell. “It is great that our leadership understood the opportunity this bill presents for DJJ, our youth and Georgia. I am looking forward to working with the Senate.”
Local child advocates are reacting favorably to United States Attorney General Eric Holder’s recent comments about the dire need for major juvenile justice system reform. In remarks to the National Association of Counties Legislative Conference, Holder called for the Department of Justice to adopt a new approach that combines evidence-based research and comprehensive community partnerships. Holder also said that it’s time for us to ask some important questions such as; why is it that African-American youth make up 16 percent of the overall youth population, but comprise more than half of the juvenile population arrested for committing a violent crime? Why is it that abused and neglected children are 11 times more likely than their non-abused and non-neglected peers to be arrested for criminal behavior? And why is that so many of those who enter our juvenile justice system either can’t afford – or do not know to ask for – access to legal guidance?
Now that a bill allowing for more discretion among juvenile court judges has been filed with the Georgia House of Representatives, it may be an uphill battle for the sponsor of another bill pushing for the creation of a juvenile parole board. Nearly two weeks ago Sen. Emanuel Jones (D-Decatur), a Georgia Legislative Black Caucus member, introduced Senate Bill 105, which would establish a three-person juvenile parole panel within the Department of Juvenile Justice (DJJ). “With limited financial resources and the severe overcrowding in our jails, we must begin looking at alternatives to incarceration,” said Sen. Jones of the measure, now awaiting review by the Senate Judiciary Committee. “This bill is aimed at juvenile offenders who have committed only designated felonies.”
The main challenge ahead for Sen. Jones may be the fact that another measure dubbed the “good behavior bill” pushing for more discretion among juvenile court judges was also filed late last week. House Bill 373, which has been formally endorsed by DJJ and the Council of Juvenile Court Judges, would allow judges to review the sentences of designated felons who have accomplished the terms of his or her sentence for consideration for early release. The measure, sponsored by Rep. B.J Pak (R-Lilburn), has been endorsed by Rep. Wendell Willard (R-Sandy Springs) and House Minority Leader Stacey Abrams (D-DeKalb)
Both bills were introduced on the heels of Governor Nathan Deal’s recent announcement of plans to assemble a new bi-partisan council to study criminal justice reforms and make recommendations to a joint legislative committee by next January.
Picture this: Students lay out their school initials in bricks on the outfield of a rival team’s baseball field so the grass underneath dies, leaving a long-term imprint. If the culprits are caught, their punishment could range from a wink and a reprimand to a criminal charge of vandalism. The difference depends on where in Georgia the prank occurs. Some schools and districts punish much more frequently and more severely than others, according to “Effective Student Discipline: Keeping Kids in Class,” a report released in June by the non-profit Georgia Appleseed Center for Law & Justice. Some districts, for example, impose out-of-school-suspension at a rate 10 to 20 times higher than others. “Perhaps the overarching theme of Georgia’s student discipline law is the strong reliance on local control in the development of overall discipline policies,” says the report, subtitled, “An Assessment of Georgia’s Public School Disciplinary Policies, Practices and Outcomes.” The June release is Phase One of a project expected to be completed in late 2010 in association with JustGeorgia, a statewide juvenile justice coalition formed in 2006.