The Criminal Justice System and Policy Advocacy in Georgia

August 2017

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AGENDA

• About Georgia Justice Project• Spirituality, Law and Politics • Mass Incarceration & Collateral Consequences• Leadership & Georgia’s Criminal Justice System

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A NOTE ABOUT LANGUAGE

• “…we are referred to as inmates, convicts, prisoners, and felons. All terms devoid of humanness which identify us as things rather than as people.”

• “In an effort to assist our transition from prison to our communities as responsible citizens and to create a more positive human image of ourselves, we are asking everyone to stop using these negative terms and to simply refer to us as PEOPLE. PEOPLE currently or formerly incarcerated, PEOPLE on parole, PEOPLE recently released from prison, PEOPLE in prison, PEOPLE with criminal convictions, but PEOPLE.”

The Center for NuLeadership on Urban Solutions, Medgar Evers College, School of Business, CUNY

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ABOUT GEORGIA JUSTICE PROJECT

GEORGIA JUSTICE PROJECT…

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History

• Founded in 1986

• Located in Atlanta’s Old Fourth

Ward

Direct Service

• Holistic Criminal Defense (Fulton &

DeKalb)

• Criminal Records Representation

(Georgia)

• Criminal Cases: 75 clients

• Criminal Records: 500 clients

• Social Services: 900 clients

Advocacy and Education

• Advocate for laws to assist that

reduce the collateral consequences

of a record

• Teach lawyers, service providers &

directly affected about new laws,

rights & opportunities

• 50+ presentations to 2,000 individuals

per year08/2017 6

“PRIVATE PUBLIC DEFENDER ON STEROIDS”

Three Dimensional Engagement1. The Case:

• Begins the Relationship BUT Doesn’t Define it

2. The Depth – During the Case• Social Workers engaged in Client

Selection• Social Service Goals & Expectations • (e.g. addiction, anger-management)

3. The Length – After the Case is Resolved

• Long Term Relationship• E.G. Prison Visitation• Support For Families As Well• 2 Large Community Events

“Most People see an arrest as an end. GJP sees it as a beginning.” - Martha Barnett, former ABA President

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MASS INCARCERATION & COLLATERAL CONSEQUENCES

MASS INCARCERATION

• US - world leader in incarceration

• 5% of population, 25% of prisoners

• 2.2 million in prison & jail

• 500% increase in 40 years

• Changes in sentencing law & policy—

• War on Drugs

• 57 billion state dollars on corrections yearly (6.7 billion in 1985)

• Georgia – 1985: 8,500 in DOC, 2016: 54,000

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0

200000

400000

600000

800000

1000000

1200000

1400000

1600000

1800000

(Source: Bureau of Justice Statistics)

1971: President Nixon declares “War on Drugs”

1984: Sentencing Reform Act

U.S. STATE & FEDERAL PRISON POPULATION, 1925-2014

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MASS INCARCERATION, VISUALIZED

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CRIMINAL JUSTICE SYSTEM & RACE

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Lifetime Likelihood of Imprisonment for U.S. Residents Born in 2001

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RECORDS & RACE

Alexander, Michelle. Interview with Bill Moyers. The Journal. PBS 10 April 2010

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United States70 million + adults25% of adult population

Georgia

4.2 million adults

Nearly 40% of adults

WHO HAS A CRIMINAL RECORD?

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COLLATERAL CONSEQUENCES

• Collateral consequences are legal and regulatory sanctions and restrictions that limit or prohibit people with criminal records from accessing employment, occupational licensing, housing, voting, education, and other opportunities.

• There are over 47,000 collateral consequences at the state and federal level.

• 60%-70% of those collateral consequences are related to employment.

• Tens of thousands more employment-related collateral consequences are found in local ordinances.

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FINDING EMPLOYMENT WITH A CRIMINAL HISTORY…EVEN SUPERPOWERS AREN’T ENOUGH

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ECONOMIC IMPACT ON FAMILIES

• 60% of formerly incarcerated unemployed one year after release

• Formerly incarcerated men take home 40% less pay annually

• Nearly 50% of children have at least one parent with a record

• Upward mobility is diminished• Little research on economic impact of record

without incarceration

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https://www.youtube.com/watch?v=Ry5jTjBhZpA

PERPETUAL PUNISHMENT

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STORY CORPS: ON THE RECORD

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DISCUSSION

• What is your experience with incarceration and collateral consequences in your community?

• How should we respond to racial discrimination in our community?

• What role can civic leadership take in addressing these issues at an individual and systematic level?

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CLOSE TO HOME: GEORGIA

GJP’s Leadership Efforts within GA’s Criminal Justice System

GJP’S EVOLUTION TO POLICY WORK

• Grounded In Direct Service• Started With A Focus On Rehabilitation & Employment• Established Subject Matter Expertise • Built Unlikely Relationships: Bi-partisan • Legislation Sponsored By Conservative Republicans• Georgia Council on Criminal Justice Reform

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GeorgiaRATES OF CORRECTIONAL CONTROL

GEORGIA’S CRIMINAL JUSTICE SYSTEM

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GEORGIA’S CRIMINAL JUSTICE SYSTEM

• 1 in 12 under Correctional Control – Nation’s Highest Rate

• 6 times more people on probation than the national average

• The 2nd hardest state for re-entry

• 1 of 12 states that Convictions Can’t be Removed

• Racial disparity - People of color • 40% of the general population• 67% of the incarcerated population

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GEORGIA JUSTICE PROJECT -ADVOCACY

• Georgia Council on Criminal Justice Reform

• 15 new laws since 2011• Record restriction & sealing• First offender reform• Negligent hiring protection• Food stamp ban

• Justice Day at the Capitol

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REENTRY REFORM

• 2012 – Record Restriction• 2013 – Mugshot Removal• 2014 – Reinstatement of Driver’s License for non-vehicle

drug offenses, Mugshot distribution, Negligent hiring liability protections for pardons

• 2015 – Retroactive First Offender, Informing of First Offender Eligibility, Georgia Fair Business Practices Act

• 2016 – Rewrite of the First Offender Act, Occupational Licensing Reform, Food Stamps, Driver’s License Reinstatement (fees), misdemeanor probation reform, Charter school in prisons, tax incentives for hiring parolees

• 2017 – Retroactive First Offender, Program & Completion Certificates

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GEORGIA JUSTICE PROJECT: LEGISLATIVE PRIORITIES

• Allow individuals convicted of misdemeanors and non-violent drug and property felony to petition for restriction and sealing

• Require Consumer Reporting Agencies to provide current, accurate and relevant information

• Revise the record restriction statute so it functions as intended

• Eliminate barriers to housing for returning citizens• Eliminate collateral consequences associated with child

support for returning citizens• Monitor implementation of Ban-the-Box order• Monitor implementation of certificate of sentence

completion

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SEALING CONVICTIONS IN GEORGIA:THE CASE FOR SECOND CHANCES

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CONVICTIONS IN GA

• 1980 - 3 to 4 percent of Georgia adults had a felony conviction in.

• 2010 - the percentage grew to 12 to 15 percent.

• Felony convictions rose much faster among blacks than among whites.

• The percentage of black adults with felony convictions rose from an estimated 7 percent in 1980 to 26 percent in 2010.

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FURTHER READING

• Living Cities Magazine – “Not Ex-Offenders, but People” – May 2017

• New York Times- “After a Crime, The Price of a Second Chance” - December 2016

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Contact

Douglas AmmarAttorney & Executive Directordoug@GJP.org(404) 827-0027, ext. 228

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