The House of Representatives in Georgia approved raising the age at which young defendants can be prosecuted in juvenile court to 17. A 145-22 vote passed House Bill 462, sending it to the state Senate for additional discussion.
According to the National Conference of State Legislatures, Georgia is one of just three states—the other two being Texas and Wisconsin—where 17-year-olds suspected of crimes are frequently charged as adults.
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Anybody who has ever known a 17-year-old knows how far from maturity that 17-year-old is, according to Rep. Mandi Ballinger, R-Canton, who serves as the chair of the House Youth Justice Committee and has long supported for raising the age of adult offenders to 18.
According to Ballinger, the majority of juvenile offenders under the age of 17 “will never see the inside of a courtroom again.” She added that juvenile courts put a larger emphasis on rehabilitation and enable judges to make decisions without sentencing defendants to a lifetime criminal record.
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The modifications would go into effect as soon as January 2025, but only if the state Department of Youth Justice secures enough state funding to handle the increased caseload and has the necessary room for detainees who are 17 years old.
17-year-olds accused of serious crimes like murder, rape, and armed robbery would not be eligible for the proposed age adjustment. Adult courts would continue to handle these cases, which are already handled in Georgia for teenagers 13 and older.
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In a similar vein, defendants as young as 17 would still be subject to adult charges for offenses connected to gangs, as would those facing their second or subsequent charges. In those instances, juvenile court would still be used by younger teenagers.
Rep. Jasmine Clark, a Democrat from Lilburn, questioned why gang members would be treated differently than other people.
“Do you think it is impossible to rehabilitate 17-year-olds who are recruited into gangs?” Ballinger was the one she asked in the House.
Ballinger claimed that as a concession to assuage worried prosecutors and law enforcement organizations, she agreed to exempt gang charges and repeat offenders from her proposed amendments.