Georgia criminal-justice reforms languish near finish line

Not long ago, Georgia was widely considered the criminal justice reform capital of the country. The Peach State enacted a series of landmark bills that began reorienting the state’s antiquated and sometimes counter-productive system for the better. Republicans and Democrats alike applauded these popular reforms, but despite their efforts, the system still remains riddled with flaws.

Sadly, Georgia is no longer the nation’s epicenter of criminal justice reform and fixing persistent, glaring issues has proven elusive. Rather, continued reforms have been few, far between and modest, if I am being charitable. In fact, zero consequential criminal justice reforms passed during the last legislative session, but it was not for lack of trying.

Two common sense pieces of legislation in 2023 gained traction—one to raise the age of adult criminal responsibility and another to help those with criminal records obtain gainful employment—but they failed to clear the final hurdles. Don’t write these off just yet, though. Given the structure of Georgia’s legislative session, these bills can still—and ought to—be considered this year.

Georgia is an outlier in that it is one of only three states that automatically treats all 17-year-olds as adults in the justice system, which as you might imagine is incredibly problematic and a disservice to the state. Youths under the age of 18 are still undergoing cognitive development and haven’t fully developed the ability to process possible consequences, unlike older Americans. Because of brain immaturity, they are also still prone to aggressive and irrational behavior—all of which calls into question their level of culpability.

Beyond this, convicting youths in adult court ensures that many of them will receive a permanent mark, which would otherwise be subject to sealing had they been tried as a juvenile, for a mistake committed as an immature youth. Unfortunately, an adult record can haunt people for years and make it increasingly difficult to find employment and housing.

What’s more, when youths are treated as juveniles in the justice system, they are afforded tailored rehabilitative programming, which reduces future crime. The current Georgia model, however, refuses this benefit to 17-year-olds, and it looks as though it encourages recidivism and exposes 17-year-olds to physical and sexual abuse at the hands of older, career criminals with whom they share jail space.

In 2023, Rep. Mandi Ballinger, R-Canton, introduced a House Bill 462 to address this and raise the age of adult criminal responsibility to 18 in most cases, and it would have even reserved the right to try some youths as adults on a case-by-case basis for particularly heinous crimes. The measure easily passed the House last year by a vote of 145-22, but it hasn’t moved in the Senate, where it remains bogged down.

Another piece of 2023 legislation that cleared one chamber is Senate Bill 157 by Sen. Brian Strickland, R-McDonough. It passed the Senate unanimously, but it never received a House floor vote. Instead, it has been referred back to the Judiciary Non-Civil Committee where it awaits action.

While the bill is incredibly long by Georgia standards—standing at 84 pages—it is fairly simple and straightforward. It would prevent professional licensing boards from denying licensing applications based on applicants’ unrelated criminal records or vague character standards. As it stands, numerous professional licensing boards have the power to reject licensing applications based on individuals’ backgrounds. To a degree, this makes some sense, but Georgia law gives boards far too much leeway.

Some are empowered to decline applications based on overbroad, inexact language, including if the person has ever committed a crime—even one unrelated to the profession in question—or an act of moral turpitude. Don’t know what that means exactly? Don’t feel bad. Neither does anyone else. This statutory nebulousness can give board members great latitude and keep those with marks on their background underemployed or worse—returning to crime.

Around 40 percent of Georgians have a criminal record, and upwards of 30 percent of jobs require a license to work in the United States. That means Georgia law prevents a host of people from working in their preferred profession, but lawmakers should remember that “Having a job […] has been shown to reduce recidivism, and individuals are less likely to commit crimes when they have stable, full-time employment,” according to a Brookings Institution publication. If legislators want to reduce crime and fill workforce shortages, then Strickland’s proposal fits the bill.

The Georgia General Assembly is back in session and has been preoccupied with appropriations hearings, but its members will soon have the opportunity to debate other measures. While Georgia is no longer leading the nation in justice reform, there’s little reason why it shouldn’t give House Bill 462 and Senate Bill 157 another look.