House Passes Comprehensive Sentencing and Corrections Reforms to Cut Recidivism and Reserve Prison Space for Violent Offenders

Bi-partisan bill provides greater public safety returns on state corrections dollars

ATLANTA – The Georgia House of Representatives today passed House Bill 1176 with a vote 164 to 1, showing overwhelming bipartisan support for the measure. HB 1176 is a comprehensive public safety and corrections reform bill that will save Georgia taxpayers funds while improving public safety.

“Drug users get caught in a vicious cycle,” said Rep. Rich Golick (R-Smyrna). “They commit a nonviolent crime to support their drug habit and get sent to prison – where they receive no rehabilitation – only to quickly get arrested again after their release. When rehabilitation would end this perpetual cycle, it makes no sense to unnecessarily continue clogging our courts and prisons with low-risk addicts, especially when the state’s limited number of prison beds should be reserved for locking away dangerous criminals. Drug courts and community rehabilitation centers will allow us to do this at a fraction of the cost while still ensuring accountability for past crimes.”

“Georgia’s criminal justice system is filled with offenders living with substance abuse problems, and our current system does not address this reality,” said Rep. Jay Neal (R-LaFayette). “By redirecting some of the money we spend incarcerating low-risk, non-violent offenders with substance abuse problems toward more effective community-based options that cost less and produce better outcomes, we will make all of Georgia’s communities safer.”

HB 1176 would concentrate prison space on violent and career criminals by enhancing penalties for some serious offenders and more effectively punishing low-level drug users and property offenders. It creates tougher, more effective probation supervision; improves community based sentencing options, such as accountability courts, that reduce recidivism; and holds agencies accountable for better results through data collection and performance measurement systems.

If approved by the Senate and Governor Deal, the legislation will place Georgia in the company of more than a dozen states, including Texas, South Carolina, North Carolina, Arkansas and Kentucky that are implementing criminal justice policies designed to improve public safety, hold offenders accountable, and control corrections costs.

This legislation is the product of more than six months of work by the Special Council on Criminal Justice Reform for Georgians. This bipartisan, inter-branch council conducted an in-depth analysis of the state’s sentencing and corrections data and met with a wide range of stakeholders including victim advocates, sheriffs, prosecutors and county officials. The council found that drug and property offenders account for almost 60 percent of all prison admissions.

Since 1990, Georgia’s prison population has more than doubled to nearly 56,000 inmates. Today, the state spends over $1 billion annually on corrections. Despite this growth, Georgia’s recidivism rate has remained unchanged at nearly 30 percent during the past decade. If current sentencing and corrections policies remain in place, Georgia’s prison population is projected to grow by 8 percent by 2016, presenting the state with the need to spend an additional $264 million to expand capacity.

Members of a special joint legislative committee approved HB 1176 before sending it to the House floor for consideration. The bill will now go to the state Senate for consideration.

Rep. Dempsey’s Legislation Makes Way Through General Assembly, Heads to Governor

ATLANTA – State Representative Katie Dempsey (R-Rome) commented today on the General Assembly’s passage of House Bill 434, legislation that enables Licensed Clinical Social Workers (LCSW) to diagnose mental diseases and conditions for Medicaid patients. Sponsored by Rep. Dempsey, HB 434 passed the Senate today with a vote of 48 to 2, showing tremendous bipartisan support for the measure. The legislation previously passed the state House with a vote of 156 to 5.

“Licensed clinical social workers have been diagnosing and billing mental disorders for years under Medicare, Tri-Care, and most major commercial health insurance plans – basically every major medical payment plan but Medicaid,” said Rep. Dempsey. “In a time when Georgia is not only facing a shortage of doctors and nurses but also an increasing demand for medical services, we must take steps to create efficiencies within our existing resources, which this legislation does by expediting service to those in need while also saving Georgia taxpayers money. We must also recruit new medical caregivers to the state, which I encouraged as chairman of the House Appropriations Subcommittee on Human Services when I supported funding additional residency spots for medical students in the state.”

Supported by the National Association of Social Workers (NASW), Department of Community Health and Department of Behavioral Health & Development Disabilities, HB 434 maintains and clarifies the authority of LCSW’s to diagnose mental diseases and conditions in Georgia. Currently, the definition of “diagnose” is included in the LCSW’s scope of practice, but the word “diagnose” is not. Rep. Dempsey’s legislation simply insert’s the word “diagnose” into the LCSW practice act to enable those licensed professionals to diagnose under Medicaid.

“The members of the Georgia Chapter of the National Association of Social Workers were thrilled to learn that Representative Dempsey’s legislation made it through the General Assembly,” said Susan R. Fort, Executive Director of NASW-GA. “This bill allows the 3,000 licensed clinical social workers throughout the state to provide the same services to Medicaid recipients that are already provided to most other Georgians. Our goal is to help alleviate the wait times and backlog faced by those in need of mental health services in Georgia.”

LCSW in Georgia have been diagnosing mental diseases and disorders as part of their scope of practice since the state adopted the social work licensing law in 1984. It was not until 2005 that the Department of Community Health made an interpretation of the social work practice act that no longer recognized the authority of LCSW to diagnose Medicaid patients. Since that time, LCSW have continued to diagnose mental diseases and conditions in Georgia under Medicare, Tri-Care, and most major commercial health insurance plans.

If approved by the Governor, HB 434 will allow Georgia to join 41 other states, including all of Georgia’s bordering states, that already allow LCSW to diagnose mental disorders for Medicaid patients.

For more information on HB 434, please click here.

Representative Katie Dempsey represents the citizens of District 13, which includes portions of Floyd County. She was elected into the House of Representatives in 2006, and currently serves as the Vice Chairman for the Higher Education and Appropriations committees. She also serves on the Economic Development & Tourism, Energy, Utilities & Telecommunications, Health & Human Services, and Rules committees.
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