Bipartisan criminal justice bills seeking to lower recidivism rates pass the Georgia House

Two bills that would offer greater clemency to those in Georgia’s criminal justice system this week passed in the Georgia House with bipartisan support.

The first measure, HB 873, creates more guidance for juvenile drug and mental health courts, and passed in a unanimous vote. These accountability courts use a more holistic approach to combatting mental health and substance use issues than traditional juvenile justice systems, and have been shown to reduce recidivism rates.

“If you haven’t been to a mental health court or a drug court graduation, you ought to go and see one,” said state Rep. Stan Gunter (R-Blairsville), who authored the bill. “It gives these people hope and brings them back into our society.”

Georgia state Representative Stan Gunter
Georgia state Representative Stan Gunter

The second measure, HB 909, amends the existing First Offenders Act, allowing court records to be sealed at sentencing rather than upon completion of their sentence. Proponents of the bill say it will help those who have completed their sentence and probation requirements more easily access job opportunities and housing, in the hopes of reducing recidivism rates among adults.

Georgia’s First Offender program has been around since the 1960s and allows those without a previous criminal record to have their first charge expunged from their record in exchange for a guilty plea and completion of all requisite prison and probation requirements. It is a voluntary program only open to those charged with nonviolent offenses.

Data indicates that those who participate in the program benefit greatly. The overwhelming majority, 98%, of participants are able to successfully complete the requirements and have their court records sealed.

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Sealed court records can still be accessed by judges and law enforcement officers in the event that a participant were to reoffend. But ordinary citizens, including those who run background checks for housing and employment, would not have access to sealed records. And in the age of the internet, the bill’s sponsors argue, sealing court records only upon completion of the program defeats the purpose of the program, as restricted court records will still come up on a background check.

“The First Offender’s Act was first enacted to prevent an isolated mistake from leading to a lifetime of barriers to employment, housing or anything else that a person needs to do to be successful that requires a background check,” said state Rep. Leesa Hagan (R-Lyons), who authored the bill. “To restore the true intent of Georgia’s First Offender Act, we need to be sealing these records at sentencing instead of at the completion of their sentence.”

Both bills now go to the Senate for further debate.

This article originally appeared on Savannah Morning News: Criminal justice: Georgia house passes two bills offering lenience