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HB 118 - Corrections; cert offenders; debt collection; lottery prizes

Barnard, Terry (154th)

Status Summary	HC:	Judy	SC:		FR:	01/15/99	LA:	02/01/99	H - Recommitted

First Reader Summary

A BILL to amend Chapter 2 of Title 42 of the Official Code of Georgia Annotated, relating to the Board and Department of Corrections, so as to declare offenders who are confined in state correctional institutions to be indebted to the state for the cost of incarceration in certain circumstances and for specific purposes; and for other purposes.

Code Sections - 42-2-15

HB 118                                             LC 22 3344 
 
 
 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Chapter 2 of Title 42 of the Official Code of 
  1- 2  Georgia Annotated, relating to the Board and Department of 
  1- 3  Corrections, so as to declare offenders who are confined in 
  1- 4  state correctional institutions to be indebted to the state 
  1- 5  for the cost of incarceration in certain circumstances and 
  1- 6  for specific purposes; to provide that the Department of 
  1- 7  Corrections is a claimant agency for the purposes of debt 
  1- 8  setoff against lottery prizes; to provide for procedures and 
  1- 9  rules and regulations; to repeal conflicting laws; and for 
  1-10  other purposes. 
 
  1-11       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-12                           SECTION 1. 
 
  1-13  Chapter 2 of Title 42 of the Official Code of Georgia 
  1-14  Annotated, relating to the Board and Department of 
  1-15  Corrections, is amended by inserting a new Code section, to 
  1-16  be designated Code Section 42-2-15, to read as follows: 
 
  1-17    "42-2-15. 
 
  1-18    (a) Each offender who has been convicted of more than one 
  1-19    criminal offense and sentenced for the second or 
  1-20    succeeding time to imprisonment in a correctional 
  1-21    institution owned or operated by the state, or a 
  1-22    correctional institution which confines persons sentenced 
  1-23    to imprisonment in a state correctional institution under 
  1-24    contract with the Department of Corrections, and who 
  1-25    subsequently is confined in such a correctional 
  1-26    institution is declared to be a debtor to the state for 
  1-27    the cost of such offender's second and successive periods 
  1-28    of incarceration for the purposes of Article 2 of Chapter 
  1-29    27 of Title 50, relating to the setoff of debt collection 
  1-30    against lottery prizes. 
 
  1-31    (b) The department is designated a claimant agency for the 
  1-32    purposes of the setoff of debt collection against lottery 
  1-33    prizes. 
 
 
 
                                 -1- 
 
 
 
  2- 1    (c) The department is authorized and directed to implement 
  2- 2    procedures in accordance with Article 2 of Chapter 27 of 
  2- 3    Title 50 and to promulgate regulations for calculating the 
  2- 4    cost of incarceration and related matters not inconsistent 
  2- 5    with this Code section." 
 
  2- 6                           SECTION 2. 
 
  2- 7  All laws and parts of laws in conflict with this Act are 
  2- 8  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -2-