strongernow
04-12-2004, 09:49 PM
Bill offers options for 'deadly sins' felons
By CARLOS CAMPOS
The Atlanta Journal-Constitution
Published on: 03/16/04
They've been dubbed the Class of 2005. But they won't get diplomas, caps or gowns upon graduating.
The 72 men and women in this class are felons convicted of rape, armed robbery, kidnapping and child molestation. They're the first inmates convicted of one of Georgia's so-called seven deadly sins — serious violent crimes that carry a mandatory minimum of 10 years in prison with no parole. Anyone convicted of one of the seven deadly sins a second time is sentenced to life in prison with no possibility of parole.
The law went into effect Jan. 1, 1995, after state lawmakers decided to get tough on crime by cutting out parole. But now, some say the law will bring unintended consequences. In January 2005, 72 of these violent felons are getting out of prison. More will follow in coming years. They won't have to report to a parole or probation officer, like thousands of other inmates released each year are required to do.
They won't be required to attend drug counseling, hold a steady job, further their education or tell the state where they live — requirements for inmates under parole or probation.
"Releasing these people back into the communities of Georgia without providing those tools to prevent them from re-offending is irresponsible," said Rep. Winfred Dukes (D-Albany).
Want to look tough
Two bills addressing the problem are pending in the General Assembly. But as the 2004 legislative session runs out, it appears little or nothing will get done. Some legislators say their colleagues are paralyzed by the fear of appearing soft on crime.
Dukes' House Bill 1556 would allow the Department of Corrections to place inmates convicted under the seven deadly sins law to enter into a work-release program 12 months or sooner before their release. Although their sentences will not be shortened, some of the state's most notorious inmates would be allowed to spend the last part of it in a nontraditional prison setting — causing some lawmakers to worry the public will interpret that as reducing their punishment.
The state has nine transitional centers. Inmates who go through the centers work during the day and return in the evenings.
The centers also offer substance abuse treatment, educational opportunities and courses that help inmates make positive choices by emphasizing morals, values and ethics, said Brian Owens, executive assistant to Corrections Commissioner James Donald. On average, the inmates scheduled to be released with no supervision in 2005 have an eighth-grade education.
Work release works
Inmates who don't complete the work-release program return to prison within three years 27 percent of the time, Owens said. Inmates who do complete such a transitional period have an 11 percent chance of returning to prison, Owens said.
"That's because they're learning job skills, working during the day, coming back at night," said Owens. "They leave the transition center with a job, clean and sober, a place to live and a little bit of money in their pocket."
There are 7,000 inmates in Georgia prisons convicted of one of the seven deadly sins: Murder, kidnapping, rape, aggravated sodomy, aggravated sexual battery, aggravated child molestation and armed robbery. Of that number, 2,800 have no court-imposed probation to follow their sentence, as well as no parole.
Dukes' bill would not apply to murderers, who face a minimum 14-year sentence. It also excludes sex offenders. That leaves armed robbers and kidnappers to enter work-release programs.
Both the state parole board and the corrections department support the work-release concept, though neither has taken a position on Dukes' bill. Still, the bill is stuck in a House committee.
"It has merit," said Rep. Gerald Greene (D-Cuthbert), chairman of the House Institution and Properties Committee. "Some of the members don't want to seem like they're soft on crime."
Greene said the committee needs time to consider the bill. He's assigned it to a study committee and doubts it will pass this year.
Sen. David Adelman (D-Decatur) has taken a different approach. His Senate Bill 424 would require the state attorney general to help prosecute inmates convicted of one of the seven deadly sins who commit crimes while imprisoned.
Adelman, an attorney, said prosecutors in many of the rural counties where prisons are located rarely have the resources to pursue charges against inmates who assault other inmates and prison guards. Getting help from the state would likely allow judges to add probation to the sentences of those inmates. SB 424 passed the Senate unanimously this week.
Adelman acknowledges his bill doesn't go far enough. But supporters think it's better than nothing.
"The need to provide supervision for these people is of statewide concern," Adelman said.
By CARLOS CAMPOS
The Atlanta Journal-Constitution
Published on: 03/16/04
They've been dubbed the Class of 2005. But they won't get diplomas, caps or gowns upon graduating.
The 72 men and women in this class are felons convicted of rape, armed robbery, kidnapping and child molestation. They're the first inmates convicted of one of Georgia's so-called seven deadly sins — serious violent crimes that carry a mandatory minimum of 10 years in prison with no parole. Anyone convicted of one of the seven deadly sins a second time is sentenced to life in prison with no possibility of parole.
The law went into effect Jan. 1, 1995, after state lawmakers decided to get tough on crime by cutting out parole. But now, some say the law will bring unintended consequences. In January 2005, 72 of these violent felons are getting out of prison. More will follow in coming years. They won't have to report to a parole or probation officer, like thousands of other inmates released each year are required to do.
They won't be required to attend drug counseling, hold a steady job, further their education or tell the state where they live — requirements for inmates under parole or probation.
"Releasing these people back into the communities of Georgia without providing those tools to prevent them from re-offending is irresponsible," said Rep. Winfred Dukes (D-Albany).
Want to look tough
Two bills addressing the problem are pending in the General Assembly. But as the 2004 legislative session runs out, it appears little or nothing will get done. Some legislators say their colleagues are paralyzed by the fear of appearing soft on crime.
Dukes' House Bill 1556 would allow the Department of Corrections to place inmates convicted under the seven deadly sins law to enter into a work-release program 12 months or sooner before their release. Although their sentences will not be shortened, some of the state's most notorious inmates would be allowed to spend the last part of it in a nontraditional prison setting — causing some lawmakers to worry the public will interpret that as reducing their punishment.
The state has nine transitional centers. Inmates who go through the centers work during the day and return in the evenings.
The centers also offer substance abuse treatment, educational opportunities and courses that help inmates make positive choices by emphasizing morals, values and ethics, said Brian Owens, executive assistant to Corrections Commissioner James Donald. On average, the inmates scheduled to be released with no supervision in 2005 have an eighth-grade education.
Work release works
Inmates who don't complete the work-release program return to prison within three years 27 percent of the time, Owens said. Inmates who do complete such a transitional period have an 11 percent chance of returning to prison, Owens said.
"That's because they're learning job skills, working during the day, coming back at night," said Owens. "They leave the transition center with a job, clean and sober, a place to live and a little bit of money in their pocket."
There are 7,000 inmates in Georgia prisons convicted of one of the seven deadly sins: Murder, kidnapping, rape, aggravated sodomy, aggravated sexual battery, aggravated child molestation and armed robbery. Of that number, 2,800 have no court-imposed probation to follow their sentence, as well as no parole.
Dukes' bill would not apply to murderers, who face a minimum 14-year sentence. It also excludes sex offenders. That leaves armed robbers and kidnappers to enter work-release programs.
Both the state parole board and the corrections department support the work-release concept, though neither has taken a position on Dukes' bill. Still, the bill is stuck in a House committee.
"It has merit," said Rep. Gerald Greene (D-Cuthbert), chairman of the House Institution and Properties Committee. "Some of the members don't want to seem like they're soft on crime."
Greene said the committee needs time to consider the bill. He's assigned it to a study committee and doubts it will pass this year.
Sen. David Adelman (D-Decatur) has taken a different approach. His Senate Bill 424 would require the state attorney general to help prosecute inmates convicted of one of the seven deadly sins who commit crimes while imprisoned.
Adelman, an attorney, said prosecutors in many of the rural counties where prisons are located rarely have the resources to pursue charges against inmates who assault other inmates and prison guards. Getting help from the state would likely allow judges to add probation to the sentences of those inmates. SB 424 passed the Senate unanimously this week.
Adelman acknowledges his bill doesn't go far enough. But supporters think it's better than nothing.
"The need to provide supervision for these people is of statewide concern," Adelman said.