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Subcommittee hears bill to offer non‑custodial alternatives for low‑value thefts of essential items
Summary
Rep. Lehi introduced HB 11‑75 to allow judges to offer noncustodial sentences — such as referrals to nonprofits, food pantries, or community service — when the stolen property is an 'essential item.' Supporters framed the bill as a poverty‑mitigation and recidivism‑reduction measure; the subcommittee treated it as hearing only and sent it to the full committee for further drafting.
Representative Lehi presented HB 11‑75 (LC481763S) as a measure to reduce the collateral cost of prosecuting low‑value thefts that often stem from poverty, homelessness or mental illness.
Lehi described hypothetical cases in which people steal inexpensive essentials — a $3 bag of chips or a $5 bottle of soap — and enter the jail system at taxpayer expense. "The goal here in this bill is to provide additional sentencing options to provide deterrent options in the form of nonprofits that can help them with essential items," the sponsor said, outlining options such as referrals to food pantries or community service.
Christopher Bruce of the ACLU of Georgia urged the committee to support the bill, citing research on jail populations and the proportion of people detained for minor nonviolent offenses: "HB 11‑75 is a viable solution that could reverse the magnitude of people who are incarcerated for trying to obtain other necessary items," he told the subcommittee.
Committee members focused on drafting and practical issues — notably whether changing statutory language from 'shall' to 'may' and how to handle fines, statutory surcharges and restitution would achieve the sponsor's policy goals without creating unintended consequences. Prosecuting‑attorney counsel and others noted that some fees are statutorily required and might not be waivable, and suggested clarifying language to address restitution and accessory surcharges.
What happens next: The subcommittee conducted a line‑by‑line review later in the hearing and decided to treat the measure as hearing only at subcommittee level; staff and sponsors will continue drafting and the bill will proceed to the full committee for further vetting.
