05 LC 29
1575
House
Bill 49
By:
Representative Teilhet of the
40th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 3 of Chapter 5 of Title 42 of the Official Code of Georgia
Annotated, relating to conditions of detention generally in state and county
correctional institutions, so as to provide that the commissioner of corrections
may establish rules and regulations providing that certain inmates in state
detention facilities shall pay for the costs of their incarceration; to provide
for related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating
to conditions of detention generally in state and county correctional
institutions, is amended by adding a new Code Section 42-5-55.1 to read as
follows:
"42-5-55.1.
(a) As used in this Code section, the term:
"42-5-55.1.
(a) As used in this Code section, the term:
(1)
'Detention facility' means a state correctional institution, workcamp, or other
state facility used for the detention of persons convicted of a felony or
misdemeanor.
(2)
'Inmate' means a person who is detained in a detention facility by reason of
being convicted of a felony or misdemeanor.
(b)
The commissioner may establish by rules and regulations a policy by which an
inmate who is detained in a detention facility and does not qualify as an
indigent for purposes of criminal defense representation shall reimburse the
state for the costs of his or her incarceration. The charge for the
incarceration shall be not more than the actual per diem cost for the entire
period of time the inmate is confined in the detention facility. Rates charged
for incarceration shall be adjusted based upon the ability of the inmate to pay,
giving priority to any legal obligation of the inmate to support a spouse, minor
children, or other dependents. The
inmatés
interest in any jointly owned property and the income, assets, earnings, or
other property owned by the
inmatés
spouse or family shall not be used to determine an
inmatés
ability to pay. All costs collected pursuant to this Code section shall be
remitted to the state treasury.
(c)
The commissioner shall use any available civil means of debt collection in
collecting costs imposed by this Code
section."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.