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Legislation Would Further Exacerbate Wealth-Based Detention in Georgia

Yesterday, following a three hour hearing on SB 452, the legislation passed out of the House Public Safety Committee.

Sponsored by a group of Republican state senators, the legislation would mandate that local police notify prosecutors when they learn that a suspect is in the country illegally. SB 452 would also require the courts sentencing these suspects to determine whether they are here without proper documentation and to pass that information along to the U.S. Department of Homeland Security. Local jails would also be required to notify U.S. Immigration and Customs Enforcement before unauthorized immigrants are released from custody.

Unfortunately, SB 452 now includes language that would prohibit meaningful bail reform across the state of Georgia. The legislation would prohibit the release of people on their own recognizance (including for local ordinance violations) until after he or she has been before a judge. This proposal is the product of the bail bond industry, and it will be at the expense of local communities and taxpayers.

The bail language in SB 452 would exacerbate wealth-based detention in Georgia by only allowing the immediate release of people who have money. The impact of this proposal will be felt by communities and taxpayers that will have to deal with the unnecessary costs of incarcerating people charged with minor non-violent offenses. The state should not force local jurisdictions to impose financial conditions on people charged with minor offenses.

According to SCHR’s Public Policy Director Marissa Dodson,

“Section 2 (Lines 32-41) is extremely problematic for our coalition’s bail reform efforts because, if passed, it will:

  1. Preempt the City of Atlanta’s new bail policy that requires the immediate release of people charged with minor offenses on their own recognizance; and

  2. further exacerbate wealth-based detention in Georgia by only allowing people to be immediately released from jail when financial conditions are imposed.”

    Critically, this proposal was not recommended by executive and judicial bodies that studied bail for more than 6 months. After seeking the input of relevant stakeholders including law enforcement, prosecutors, judges, impacted people and community groups, and studying Georgia’s bail system for more than six months, a committee appointed by the Judicial Council of Georgia and the Governor’s Council on Criminal Justice reform made findings and recommendations for reform. In its annual report, the Governor’s Council issued recommendations on bail reform to the General Assembly. Several of these recommendations are included in SB 407, which is currently being considered by the House Judiciary Non-Civil Committee.

The next step will be for the SB 452 to be considered by the House Rules Committee and then on the floor of the House of Representatives. Can you help us stop this legislation?

CALL TO ACTION:

  1. Contact the Rules Committee and ask for a NO vote on SB 452
    1. In the “To” column cut and paste:

[email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]

    1. Put in the subject line: Vote NO on SB 452
    1. Copy and paste the following (and please feel free to modify as you like):

Members of the House Rules Committee,

Please hold SB 452 without further action. SB 452 will compromise public safety, waste taxpayer dollars and harm the state’s economy. Specifically, the bail provisions in Section 2 will exacerbate wealth-based detention in Georgia and prohibit local jurisdictions from being able to decide whether financial conditions are necessary to ensure court appearance and maintain public safety.

Thank you,

Your name

Street Address

City, State, Zip

2. Contact Speaker Ralston and Gov. Deal

Speaker David Ralston

404-656-5020 (Consider putting this number on speed dial)

[email protected]

Governor Nathan Deal

404-656-1776 (Consider putting this number on speed dial)

Click here to use the form on his website

3. Copy and Paste the Call to Action and Send to Your Networks!