Senate Bill 288 - " Second Chance Bill "
Criminal Justice Reform , But for Real This Time .
JAZMIN MOSES COUNTS Fulton County Public Defender Jazmin . Moses @ fultoncountyga . gov
There is nothing quite like a bipartisan unanimous message when the topic at hand is criminal justice reform . In my line of work as a Fulton County Public Defender , second chances are valuable commodities not often given . While the State of Georgia has opportunities for dismissal programs , which would dismiss charges after an agreement by the Defendant to complete classes often at their expense , many of our clients and defendants in State courts are not considered for these promising chances . So , for the approximately 4.3 million Georgians currently with a criminal record , these nonguaranteed programs are not enough .
You would be surprised how often I hear from a client their shock that a non-violent misdemeanor could keep them in the unemployment line . Its typically felonies that most people believe carry a lifetime of regret . But in full actuality misdemeanors are ruining job opportunities , thus rendering many Georgians poor and in need of dire help . On August 5 , 2020 , that changed when Governor Brian Kemp signed Senate Bill 288 (“ SB 288 ”) into law , going into effect on January 1 , 2021 . SB 288 was authored by Senator Tonya Anderson ( D-Lithonia ) and cosponsored in the House by Representative Houston Gaines ( R-Athens ).
At this point , you may be wondering why this now has such a monumental impact on Georgia ’ s role in effecting change within criminal justice reform . You know those programs I mentioned above , well again they are not offered to everyone with a non-violent criminal offense . So now the Peach state joins 41 other states in criminal justice reform for real this time , by allowing individuals that qualify under new restrictions to receive “ second chances .” This means clients like mine and other defendants now can remove the label of “ criminal ” or “ liability ” from themselves , to being worthy hires and deemed decent people when submitting their resumes .
In having their records restricted , this greatly revamps their qualifications when seeking reemployment . Because no one wants to hire a thief , Criminal Trespass looks suspect to an employer , and Marijuana possession is still taboo . It does not stop there either , in fact have you read a lease lately ? Housing in Georgia like many other states can automatically be out of the question for exoffenders for non-violent crimes , but this Bill now allows a defendant with a Theft by Shoplifting when they were a young adult for instance , seek and gain housing and to go back to school using Federal Aid . Because even a misdemeanor can disqualify you for that . While this Bill is a game changer for Defense
20 December / January 2021