2012 Georgia Public Safety Reform - Pewtrusts
Issue BriefProjectPublicSafetyNamePerformance Project2012 Georgia Public Safety ReformLegislation to Reduce Recidivism and Cut Corrections CostsHighlightsProblem: Since 1990, Georgia’s prisonpopulation more than doubled tonearly 56,000 inmates. Today, the statespends more than 1 billion annuallyon corrections. Despite this growth,the proportion of inmates who werereconvicted of a felony within threeyears of release remained at nearly 30percent during the past decade. If currentpolicies had remained, the population wasprojected to grow 8 percent over five yearsat a cost of 264 million.The Impact of Public Safety ReformHB 1176 is projected to reduce the prisonpopulation by nearly 5,000 beds over the nextfive years, saving taxpayers at least 264 million.1Prison Population Projectionas of 201255,933Reforms: With technical assistancefrom the Pew Center on the Statesand its partners, the Council issuedrecommendations to improve publicsafety by focusing prison space on seriousoffenders, strengthening probation andalternative sentencing options, relievingwww.pewstates.org/publicsafety 54,69050,000Impact ofHB 117642,49940,00030,000Findings: An extensive review of databy the Special Council on CriminalJustice Reform for Georgians (Council)revealed that drug and property offendersaccounted for almost 60 percent ofprison admissions. Judges had few viablesentencing options other than prison,and probation and parole agencies lackedthe authority and resources to effectivelysupervise offenders in the �08PROJECTED’10’12’14’16’18local jail overcrowding, and improvingperformance measurement. HB 1176,based on the Council’s proposals, passedboth chambers of the General Assemblyunanimously and was signed by GovernorNathan Deal in May 2012.Impact: HB 1176 is projected to avertall the anticipated growth in prisonpopulation and costs over the nextfive years, saving at least 264 million.Through accompanying budget initiatives,the state redirected more than 17 millionof the savings into efforts to reducereoffending. Governor Deal signed anExecutive Order to continue the Councilto monitor and expand on the reforms.july 2012
Public Safety Performance ProjectBackgroundBetween 1990 and 2011, the prisonpopulation in Georgia more than doubledto nearly 56,000 inmates.2 Since 2000,the inmate population grew 35 percent.3Recent data show that one in 70 Georgiaadults was behind bars (in state, local,or federal facilities), compared with thenational incarceration rate of one in 100adults, giving Georgia the fourth highestincarceration rate in the country.4This scale of correctional control andgrowth came at a substantial cost toGeorgia’s taxpayers. Today, the statespends more than 1 billion annuallyon corrections,5 up from 492 million in“We studied this importantissue for a year, met with allthe stakeholders, weighed the prosand cons, and delivered a productthat passed with total support fromboth sides of the aisle. That’samazing, particularly on an issuethat’s so often at the center ofpartisan divides.”— Gov. Nathan Deal2Pew Center on the Statesfiscal year 1990.6 With more than 100million in costs outside the Departmentof Corrections budget, including capitalexpenditures and retiree health carecontributions, the total cost of the Georgiaprison system in fiscal year 2010 was 1.13 billion.7Yet, despite this growth in populationand spending, Georgia taxpayers havenot received a sufficient public safetyreturn on their corrections dollars: Theproportion of inmates who are reconvictedof a felony within three years of release hasremained unchanged at nearly 30 percentthroughout the past decade.8If current policies had remained in place,analysis at the time indicated that Georgia’sprison population would rise by another8 percent to reach nearly 60,000 inmateswithin five years.9 With the state’s existingprison facilities filled to 107 percent ofcapacity,10 continued inmate growth wouldhave created substantial taxpayer burdens.Absent policy reform, the state faced theneed to spend an additional 264 millionto expand capacity.11Special Council on Criminal JusticeReform for GeorgiansSeeking to protect public safety whilecontrolling the growth of prison costs, the2011 Georgia General Assembly passedHB 265 to establish the bipartisan, interbranch Special Council on Criminal
Public Safety Performance ProjectJustice Reform for Georgians (Council).The legislation also created a Special JointCommittee on Georgia Criminal JusticeReform (Joint Committee), comprised ofmembers from both legislative chambers,to consider the recommendations of theCouncil in the 2012 legislative session.Beginning in the summer of 2011,the Council members (see sidebar onpage five) began a detailed analysis ofGeorgia’s sentencing and correctionsdata to identify the factors driving thestate’s prison growth. They also auditedstate policies and practices and solicitedinput from a wide range of stakeholders,including prosecutors, sheriffs, crimevictim advocates, and county officials.The Council used that information todevelop research-based, fiscally soundpolicy options to protect public safety,hold offenders accountable, and controlcorrections costs.The Council received technical assistancefrom the Public Safety Performance Projectof the Pew Center on the States. Pewand its partners, the Crime and JusticeInstitute and Applied Research Services,Inc., helped the Council analyze currentsentencing and corrections policies andgenerate data-driven policy options.Key FindingsThe Council determined that the state’sprison growth was not explained byan increase in crime. Despite someyear-to-year fluctuations, violent andproperty crime rates have declined inGeorgia as they have in most states. Inthe past decade, violent and propertycrime rates have fallen 20 and 21percent, respectively.12 Despite a residentpopulation that has grown significantly,the total number of violent crimesreported to police in 2009 is the same as itwas in 1999.13The Council’s extensive data analysisrevealed that Georgia’s inmate populationgrowth was due in large part to policydecisions about who is being sent toprison and for how long. The Councilidentified several specific challenges,including:High Number of Lower-Risk Offendersin Prison: The data showed that drug andproperty offenders represented almost 60percent of all prison admissions,14 and theaverage length of stay behind bars for drugand property crimes had more than tripledbetween 1990 and 2010.15Importantly, many of these offenderswere identified as lower risk to reoffend.In 2010, Georgia courts sent more than5,000 lower-risk drug and propertyoffenders to prison who had never been toprison before, accounting for 25 percentof all admissions that year.16 Looking more2012 Georgia Public Safety ReforM3
Public Safety Performance Project“There’s plenty of evidencethat the way we haveaddressed these types of offendersin the past has not been effective.”— Rep. Jay Neal, R-Lafayetteclosely at drug admissions, more than 3,200offenders were admitted to prison in 2010on a drug possession conviction (as opposedto a sales or trafficking conviction), andtwo-thirds of these inmates were assessed aslower risk to reoffend.17Insufficient Supervision Resources: TheCouncil also identified several challengesto the state’s ability to effectively superviseoffenders in the community and provideinterventions to reduce the likelihood ofreoffending. Georgia’s probation and paroleagencies operate some effective programsusing evidence-based tools to identify andsupervise higher-risk offenders, but theCouncil’s analysis showed that these optionswere limited and that supervision agenciesdid not have the resources required tosupervise all offenders effectively.expansion of these and other programs,such as Day Reporting Centers, would helpthem divert greater numbers of lower-riskoffenders from prison and achieve betterpublic safety outcomes at a lower cost.Local Jail Backlog: Local jails in Georgiaroutinely hold inmates awaiting transfer tostate facilities, including newly sentencedoffenders and those waiting for a bed at aspecific facility. The state had more than 800inmates housed in county jails awaiting bedsat Probation Detention Centers (PDC) andapproximately 750 inmates in jails awaitingbeds at Residential Substance AbuseTreatment (RSAT) programs.19 This backloghas been a constant source of tensionbetween state and local governments dueto the costs of housing offenders awaitinga transfer.Outcome Measurement: Most performancemeasures at the Georgia Department ofCorrections track processes such as case flow(e.g., new cases received, cases discharged,cases remaining), activity counts (e.g.,number of office or field contacts completed,number of drug tests administered), orpoint-in-time snapshots (e.g., averagecaseload size, types of cases supervised).Such measures provide information aboutLack of Options: The Council found thatthe agency workload but fail to addressevidence-based services and programs,the results achieved by the agency. Aespecially substance abuse and mentalcomprehensive performance measurementhealth, were either insufficient or unavailable system also tracks and reports on keyin many areas of the state. For example,outcome measures such as recidivism,the state’s existing drug courts covered lessemployment, substance use, and payment of18than 50 percent of Georgia’s counties.victim restitution.Judges and prosecutors alike indicated that4Pew Center on the States
Public Safety Performance ProjectThe Council ReportCouncil members acknowledged therole that increased incarceration playedin helping reduce crime, but saw itsmission as finding the best way to deploystate resources to produce steeper dropsin crime and recidivism. Based on thedata analysis and the assessment of thecorrectional system, in November 2011the Council issued a report detailing abroad spectrum of proposals designedto improve public safety, hold offendersaccountable, and control corrections costs.20The policy options in the report focusedon concentrating prison space on violentand career criminals and more effectivelypunishing low-level drug users andproperty offenders through alternatives.Where fiscal savings were achieved, theCouncil recommended that a portionshould be reinvested into those optionsproven to reduce recidivism and improvepublic safety. These included expandingthe availability of drug and otheraccountability courts and strengtheningcommunity supervision. The Council alsoproposed investing in effective informationand performance measurement systems.This report was forwarded to the governor,lieutenant governor, speaker of the Houseof Representatives, and chief justice ofthe Supreme Court for full considerationby the Joint Committee. At the requestof Governor Deal, the policy options inthe Council report were translated intolegislation and introduced as House Bill1176 by Representative Rich Golick, cochair of the Joint Committee.Special Council on Criminal Justice Reformfor GeorgiansGubernatorial AppointeesSenate AppointeesJudicial Branch AppointeesHon. Todd Markle(Chair and designee ofthe Governor)Superior Court Judge,Atlanta Judicial CircuitSen. John CrosbyDistrict 13, TiftonHon. Carol HunsteinChief Justice, Supreme Courtof GeorgiaLinda EvansMember, Judicial QualificationsCommissionSen. Bill HamrickDistrict 30, CarrolltonSen. Ronald RamseyDistrict 43, DecaturDavid McDadeDistrict Attorney,Douglas CountyHouse AppointeesKen ShigleyPresident,Georgia State BarRep. Jay PowellDistrict 171, CamillaHon. Michael P. BoggsSuperior Court Judge,Waycross Judicial CircuitHon. Ural GlanvilleSuperior Court Judge,Atlanta Judicial CircuitRep. Mary Margaret OliverDistrict 83, DecaturRep. Willie TaltonDistrict 145, Warner Robins2012 Georgia Public Safety ReforM5
Public Safety Performance ProjectLegislative ReformPackageThe Georgia General Assemblyunanimously passed HB 1176, with votesof 162-0 in the House and 51-0 in theSenate.21 The law is expected to avertthe projected 8 percent increase in theprison population and the associatedcumulative cost of 264 million. Throughaccompanying budget initiatives, theGeneral Assembly also reinvested morethan 17 million of the prison savings intomeasures designed to reduce reoffending.In addition, Governor Deal signed anExecutive Order to reassemble the Councilin order to make recommendations onadditional areas of improvement to thecriminal justice system to protect publicsafety by reducing recidivism.How the Public Safety Reform WorksImprovePublic Safetyby ReducingRecidivismReinvestmentFewer Crimes,Fewer RevocationsContainPrisonGrowthFree UpFinancialResourcesFewer Prison Beds6Pew Center on the States
Public Safety Performance Project1. Focuses Prison Space onSerious OffendersThe law reflects a consensus that seriousoffenders deserve long prison sentencesbut that many nonviolent offenderscan be sentenced to shorter periods ofincarceration or effectively supervisedin the community. This tiered approachis cost effective and helps ensure thatprison beds are available for moreserious offenders.n“Creates degrees of burglary basedon the seriousness of the offense.Increases penalties for seriousburglaries and establishes a graduatedscale of penalties so that burglary of aresidence is punished more severelythan burglary of a non-residence.nCreates degrees of forgery basedon the seriousness of the offense.Increases penalties for seriousforgeries and establishes a graduatedscale of penalties based on the typeof forgery.nCreates levels of theft based on theseriousness of the theft. Raises thefelony theft threshold from 500,which was set in 1982, to 1,500,and creates a graduated scale ofpenalties for felony theft based onthe value of the stolen items. Raisesthe penalty for the most serious theft(above 25,000) and increases thefelony shoplifting threshold from 300 to 500.nRevises penalties for simplepossession of drugs. Creates degreesof drug possession based on theweight of drugs and establishes agraduated scale of penalties, withhigher penalties for third andsubsequent convictions. Also restrictsdrug possession offenses fromapplying to the recidivist statute.nReinvests 175,000 to develop afront-end risk assessment tool.Provides funding to create a newtool to assist judges at sentencing inidentifying lower-risk, nonviolentoffenders who could be safelydiverted from prison.HB 1176 outlinesmuch-needed reformsthat will improve public safety,lower recidivism rates, andbring real costs savings toGeorgia taxpayers.” — Sen. Bill Hamrick, R-Carrollton2012 Georgia Public Safety ReforM7
Public Safety Performance Project2. Reduces Recidivism byStrengthening Probationand AlternativeSentencing OptionsThe new law expands cost-effectivesentencing options for the courts andimproves the state’s ability to reducerecidivism.“nAllows the courts to order electronicmonitoring with all offenders.nAllows probation to imposegraduated sanctions that swiftlyand certainly respond to offenderviolations.[I]n addressing the rootnRequires the Board of Corrections toensure the use of evidence-basedpractices, including a risk andneeds assessment tool, to guidedecisions relating to themanagement and treatment ofinmates and probationers.nRequires the Administrative Officeof the Courts to establish policiesand practices for drug and mentalhealth court divisions, such as theuse of tools that identify higher-riskoffenders and develop supervisionplans that reduce recidivism.nCreates a certification and reviewprocess for drug and mental healthcourt divisions and restricts statefunds to certified programs.nReinvests 11.6 million of avertedprison spending into accountabilitycourts that focus on drug offendersand those with mental illness.nReinvests 5.7 million of prisonsavings into new ResidentialSubstance Abuse Treatment (RSAT)programs to reduce recidivismamong inmates with drug andalcohol addictions.problem, we’re going tokeep people from committing othercrimes and reunite them with theirfamilies and make them taxpayers,not tax burdens.”— Chief Justice Carol Hunstein8Pew Center on the States
Public Safety Performance Project3. Relieves Local JailCrowding4. Improves PerformanceMeasurementThe new law relieves crowding in localjails by reducing the number of stateresponsible inmates awaiting transfer tostate facilities.To help state policy makers andcorrections officials assess and manage theoverall performance of the system, the newlaw creates a results-oriented reportingand accountability system.nnStreamlines the transfer ofinformation and inmates fromthe counties to the state. Requiressentencing “packets” to be submittedelectronically to the state Departmentof Corrections from counties toreduce the time spent in jail awaitingtransfer to prison.Ensures the effective use ofProbation Detention Centers (PDC)by capping sentences to PDCs at180 days, thereby reducing timespent in jail by those awaitingtransfer to a PDC.nRequires the Department ofCorrections to collect, analyze, andreport on the performance outcomesrelated to the treatment programs forinmates and probationers, includingthe impact on recidivism.The full text of the legislationis online at:http://www.pewstates.org/uploadedFiles/PCS Assets/2012/Georgia Bill HB 1176.pdf.And the council’s full report onthe legislation and budgetinitiatives can be read portFINALDRAFT.pdf.2012 Georgia Public Safety ReforM9
Public Safety Performance ProjectEndnotes1 Georgia Department of Corrections (historical data);Applied Research Services, Inc. (projection and impactsof HB 1176).2 Data from the Georgia Department of Corrections,Weekly Reports. (1990-2011). Includes prison inmatesplus the jail backlog.3 Ibid.4 Pew Center on the States, One in 31: The Long Reachof American Corrections (Washington, DC: The PewCharitable Trusts, March 2009).5 State of Georgia’s Budget in Brief FY 2011 and FY2012. -85899371887.6 Georgia Department of Corrections, “Budget inBrief,” (1990). In inflation-adjusted terms, the 1990figure is 854 million.7 Vera Institute of Justice, “The Price of Prisons: WhatIncarceration Costs Taxpayers,” (January 2012).8 Data from the Georgia Department of Corrections.9 Analysis conducted by Applied Research Services.10 Data from the Georgia Department of Correctionsas of July 1, 2011.11 Governor’s Office of Planning and Budget, State ofGeorgia.12 Crimes Reported to Police, “Georgia UCR, 19992009.” In comparison, the national declines for violentand property crimes during the same period were 18and 19 percent. http://www2.fbi.gov/ucr/cius2009/data/table 01.html.13 Data from U.S. Census Bureau and CrimesReported to Police, “Georgia UCR, 1999-2009.”14 Data from the Georgia Department of Corrections.15 Ibid. Analysis conducted by Applied ResearchServices. Average time served grew from 0.6 years in1990 to 2.0 years in 2010.16 Analysis conducted by Applied Research Services.17 Ibid.18 Georgia Adult Felony Drug Courts, “Summary ofPerformance Measures,” January 2010-January 2011.19 Georgia Department of Corrections.20 The Report of the Special Council on CriminalJustice Reform for Georgians is available at INALDRAFT.pdf.21 The full text of the legislation is online at: http://www.pewstates.org/uploadedFiles/PCS Assets/2012/Georgia Bill HB 1176.pdf.Suggested Citation: Pew Center on the States, 2012Georgia Public Safety Reform (Washington, DC: ThePew Charitable Trusts, July 2012).10Pew Center on the States
Launched in 2006, the Public SafetyPerformance Project seeks to help statesadvance fiscally sound, data-driven policiesand practices in sentencing and correctionsthat protect public safety, hold offendersaccountable, and control corrections costs.The Pew Center on the States is a division ofThe Pew Charitable Trusts that identifies andadvances effective solutions to critical issuesfacing states. Pew is a nonprofit organizationthat applies a rigorous, analytical approach toimprove public policy, inform the public, andstimulate civic life. More information is available at www.pewstates.org.
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Hon. Ural Glanville Superior Court Judge, Atlanta Judicial Circuit. 6 pe CenteR on te StateS puliC Safety peRfoRmanCe pRojeCt legislative Reform package The Georgia General Assembly unanimously passed HB 1176, with votes of 162-0 in the House and 51-0 in the Senate.21 The law is expected to avert
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