Thursday, February 26, 2015

The Commission of Incarceration

GA HB 310 establishes of the GA Department of Community Supervision. This is all about reorganizing the penal agencies including Probation. Incarceration, Pardon, Release, Juvenile Justice Transition, Support, and Reentry traffic offenders, community service and mental health treatment orders.
 
This is another “top-down” reform aimed at “cleaning up” the “mess”. UN Agenda 21 requires that we dismantle local government to remove local elected control and consolidate decision making at the state level.  It also requires states to continue their failure to claim sovereignty and nullify unconstitutional federal laws and regulations. Georgia is following this path.  
 
The board shall consist of 11 members. 1) The commissioner of corrections, 2) commissioner of juvenile justice, 3) chairperson and 4) vice chairperson of the State Board of Pardons and Paroles, 5) director of the Division of Family and Children Services of the Department of Human Services, and 6) commissioner of behavioral health and developmental disabilities shall be members of the board. The Governor shall appoint: (7) A sheriff  8) A superior court judge 9) A juvenile court judge 10) A mayor or city manager 11) A county commissioner or county manager.’
 
‘Vacancies shall be filled by appointment by the Governor’.
 
‘The Bill creates the Board of Community Supervision, the Department of Community Supervision, and the Governor's Office of Transition, Support, and Reentry; to provide for
the responsibilities of DCS with respect to supervision of adult and certain juvenile probationers and adult parolees; ‘
 
‘The purpose of the Bill is to enact reforms recommended by the Georgia Council on Criminal Justice Reform; to reassign responsibilities of the Advisory Council for Probation and the County and Municipal Probation Advisory Council to the Board of Community Supervision and repeal provisions relating to such councils; to transfer responsibility of certain functions of probation and parole supervision to DCS and make corresponding changes with respect to the jurisdiction and authority of the Department of Corrections, Department of Juvenile Justice, and the State Board of Pardons and Paroles;
 
to provide for the selection, service, and powers and duties of the commissioner and employees of DCS; to provide for rules and regulations and forms; to provide for administration; to provide for transfer of prior appropriations; to provide for transfer of personnel, equipment, and
facilities; to provide for defined terms; to provide for the revocation, modification, and tolling of sentences under certain circumstances; to provide for the conditions of probation; to provide for the assessment and collection of costs of probation; to revise certain standards for private corporations, private enterprises, and private agencies that enter into written contracts for probation services; to change provisions relating to confidentiality of records; to revise certain standards for counties, municipalities, or consolidated governments who enter into written agreements to provide probation services; to provide for management of probated sentences when a defendant wants to enter an accountability court as a condition
of a probation revocation; to change provisions relating to informing a defendant regarding the first offender laws; to provide for retroactive first offender treatment under certain
circumstances; to provide for the filing of a petition for retroactive first offender treatment;
 
‘to amend the Georgia Code relating to courts, crimes and offenses, criminal procedure, domestic relations, education, elections, labor and industrial relations, law enforcement
officers and agencies, mental health, motor vehicles and traffic, penal institutions, professions and businesses, public officers and employees, revenue and taxation, and social
services, respectively, so as to so as to conform provisions to the new Chapter 3 of Title 42;’
 
‘to provide for certain changes in the administrative organization of the Department of Corrections, Department of Juvenile Justice, and the State Board of Pardons and Paroles and provide for conforming amendments; to correct cross-references and remove obsolete or improper references; to provide for legislative findings and intent; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.’
 
Comments
 
The “Good” – We hope this means that we may no longer see a revolving door where dangerous criminals are easily released to commit new crimes.
The “Bad” – The policy will be set by an unelected, appointed Board.  This is never a good idea.
The “Ugly” – Questions arise. Will this “Community” Supervision eventually include us?  Is this just more government, by the government and for the government? Will this turn into Georgia’s DHS?
 
Norb Leahy, Dunwoody GA Tea Party Leader
 
Source: GA HB 310
 

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