05
SB97/AP
Senate
Bill 97
By:
Senators Hamrick of the 30th, Mullis of the 53rd, Kemp of the 46th, Unterman of
the 45th and Tate of the
38th
AS PASSED
AS PASSED
AN
ACT
To
amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating
to juvenile proceedings, so as to amend certain provisions relating to court
supervision fees; to provide for related matters; to repeal conflicting laws;
and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile
proceedings, is amended by striking Code Section 15-11-71 of the Official Code
of Georgia Annotated, relating to juvenile court supervision fees, and inserting
a new Code section to read as follows:
"15-11-71.
(a)
The purpose of this Code section is to allow the juvenile courts of Georgia to
collect supervision fees from those who are placed under the
courtś
formal or informal supervision in order that the court may use those fees to
expand the provision of the following types of ancillary services:
(1)
Housing in nonsecure facilities that meet the requirements of Code Section
15-11-48;
(2)
Educational services, tutorial services, or both;
(3)
Counseling and diagnostic testing;
(4)
Mediation;
(5)
Transportation to and from court ordered services;
(6)
Truancy intervention services;
(7)
Restitution programs; and
(8)
Job development or work experience programs.
(b)
The juvenile court may order each delinquent or unruly child who receives
supervision under paragraph (2), (5), or (6) of subsection (a) of Code Section
15-11-66 or Code Section 15-11-67 or counsel and advice pursuant to Code Section
15-11-69 to pay:
(1)
An initial court supervision
useŕs
fee of not less than $10.00 nor more than $200.00; and
(2)
A court supervision
useŕs
fee of not less than $2.00 nor more than $30.00 for each month that the child
receives supervision
to
the clerk of the court. The child and each parent, guardian, or legal custodian
of the child may be jointly and severally liable for the payment of the fee and
shall be subject to the enforcement procedure stated in subsection (b) of Code
Section 15-11-8. The judge shall attempt to provide that any such fees shall be
imposed on such terms and conditions as shall assure that the funds for the
payment are from moneys earned by the child. All moneys collected by the clerk
under this subsection shall be transferred to the county treasurer, or such
other county official or employee who performs duties previously performed by
said treasurer, who shall deposit the moneys into a county supplemental juvenile
services fund. The governing authority of the county shall appropriate moneys
from the county supplemental juvenile services fund to the juvenile court for
the
court́s
discretionary use in providing supplemental community based services described
in subsection (a) of this Code section to offenders who are children. These
funds shall be administered by the county and the court may draw upon them by
submitting invoices to the county. The county supplemental juvenile services
fund may be used only for these services. Any moneys remaining in the fund at
the end of the county fiscal year shall not revert to any other fund but shall
continue in the county supplemental juvenile services fund. The county
supplemental juvenile services fund may not be used to replace other funding of
services.
(c)
For the purpose of this Code section, the term 'guardian' or 'legal custodian'
shall not be interpreted or construed to include the Department of Human
Resources or the Department of Juvenile
Justice."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.