Georgia leads US in probation; critics say money is reason

AP News
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Posted: Nov 21, 2015 11:29 AM

ATLANTA (AP) — Georgia leads the nation in placing its citizens on probation, a distinction that is now being studied by the state's criminal justice reform experts, a federal report shows.

The state's probation population at the end of last year was 471,067, according to newly released numbers from the U.S. Bureau of Justice Statistics.

Georgia's number remains the highest in the nation — by far — in spite of a 9 percent decline over the previous year, The Atlanta Journal-Constitution reported (http://on-ajc.com/1I04HCW).

Georgia also topped the charts for its probation rate, which was quadruple the national rate and more than double the rate posted by any other state, the newspaper reported.

The numbers include both felony and misdemeanor cases.

Some in Georgia say the numbers are significantly inflated, but others say the numbers reflect an overuse of probation in Georgia, where courts contract with private probation companies to supervise and collect payments from people who can't afford to pay tickets on the day they go to court.

"These figures are an embarrassment and a call to action," said Sarah Geraghty, an attorney at the Southern Center for Human Rights. The group has filed lawsuits and complaints related to probation given to defendants accused of misdemeanors.

Geraghty said Georgia's numbers are so high because of money.

"Georgia leads the nation in the number of people on probation because of Georgia's booming private probation industry," she said. "About 80 percent of people on misdemeanor probation in Georgia are supervised by private companies. These companies have a profit motive to have as many people on probation as possible for as long as possible. It's as simple as that."

Georgia Court of Appeals Judge Michael P. Boggs, co-chairman of the Georgia Council on Criminal Justice Reform, this month convened a group of judges, attorneys, probation providers and other stakeholders to take a hard look at Georgia's use of probation, the Atlanta newspaper reported.

The reform council is the idea bank for Gov. Nathan Deal's justice reform efforts. The council examined the state's prison population and found effective ways to handle nonviolent drug offenders in the community instead of behind bars. Boggs said at a meeting this month that it now makes sense to study whether Georgia's approach to probation is the right one.

The Georgia General Assembly last year passed a bill requiring changes in the state's misdemeanor probation system, following a state audit that documented numerous failings and abuses.

The Georgia Supreme Court also shook up the system, with a ruling that forced the dismissal of thousands of probation cases that had been placed on hold for months or years when a probationer stopped reporting.

The dismissal of old cases prompted by the court decision led to the 9 percent drop in Georgia's probation numbers in 2014, according to the federal report.

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Information from: The Atlanta Journal-Constitution, http://www.ajc.com