Juvenile Code Rewrite

The Child Protection and Public Safety Act (SB 127 & HB 641) and more commonly referred as the "Juvenile Code Rewrite," is the result of over six years of work by JUSTGeorgia and our partner, the Young Lawyers Division (YLD) of the State Bar. The bill is based on the Proposed Model Code (PMC) produced by the YLD.

History

The Juvenile Code Rewrite was first introduced as SB 292 by Senator Bill Hamrick at the end of the 2009 session of the General Assembly.  It then underwent revisions after extensive review by legislators and stakeholders.

The Juvenile Code Rewrite was reintroduced as SB 127 by Senator Hamrick in February 2011.

In April 2011, a similar version of the bill was introduced as HB 641 by Representative Wendell Willard.  Both bills are currently being considered by legislators.

Benefits

The Juvenile Code Rewrite will help thousands of children and families across Georgia.  If enacted, the Act would produce several important benefits for Georgia, including:

•    Enhance public safety
•    Help abused and neglected children transition from foster  care to successful adulthood
•    Prohibit using juvenile jails and prisons for children who have not committed a crime
•    Promote accountability in juvenile court proceedings
•    Protect millions of dollars in federal funding by ensuring compliance with federal laws related to abused, neglected and other at-risk children

The Juvenile Code Rewrite reflects the ideas and opinions of stakeholders from across Georgia. Important public policy considerations about the Code Rewrite continue to be explored and debated and stakeholders and the general public continue to provide input. 

Background

With the help of more than 200 pro-bono attorneys led by Georgia Appleseed, JUSTGeorgia talked to stakeholders across Georgia to get their opinions about the current juvenile code. Feedback was gathered through one-on-one conversations, interviews with small groups of stakeholders held around the state, and town hall meetings in each judicial circuit.  A comprehensive report of the findings is compiled in “Common Wisdom:  The Case For A New Georgia Juvenile Code.”

A proposed model code (PMC) was written by three expert reporters, Professor Lucy McGough of Louisiana State University, who helped draft the original Georgia Juvenile Code, Soledad McGrath, a former staff attorney with the Barton Child Law and Policy Clinic and Bartow County (GA) Juvenile Court Judge Velma Tilley. The PMC was released in 2008 as a research and evidence-based best practices model of juvenile law.

JUSTGeorgia sought feedback on the YLD Proposed Model Code by receiving comments on-line through the JUSTGeorgia website and by holding stakeholder meetings and interviews with state agencies, legislators and advocacy organizations. 

The legislative drafting process was completed by a drafting committee comprised of:

•    primary reporter from the State Bar of Georgia PMC
•    sitting Assistant District Attorney serving in Juvenile Court
•    sitting Public Defender serving in Juvenile Court
•    former Associate Juvenile Court Judge
•    former Department of Family and Children Services Special Assistant Attorney General (SAAG) and Child Advocate Attorney
•    retired juvenile probation officer
•    Emory Law School Faculty
•    representatives from JUSTGeorgia partner organizations

The legislative drafting committee incorporated stakeholder comments and consulted with national experts and stakeholders.  The committee also reviewed the proposed legislation with the bill sponsors and the result are the bills being considered today by both the House and the Senate.