05 LC 29
1889S
The
Senate Judiciary Committee offered the following substitute to HB
254:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating
to general provisions relative to courts, so as to establish a drug court
division and create an alternative system for storing copies of records for
courts; to authorize the clerk of each superior court, state court, probate
court, magistrate court, juvenile court, or municipal court to create and
maintain digital copies of records, pleadings, orders, writs, process, or other
documents submitted to or issued by the court in any criminal, quasi_criminal,
juvenile, or civil proceeding or in any proceeding involving the enforcement of
ordinances of local governments; to provide for requirements, practices, and
procedures related to the digital storage and retrieval of such records; to
provide for the destruction of the original copies of such documents; to provide
for the payment of costs and expenses; to provide for exceptions; to provide for
the alternative nature of the authority granted by this method of records
management; to authorize the establishment of drug courts divisions within
certain courts; to provide for assignment of certain felony and misdemeanor
cases to a drug court division; to provide for jurisdiction; to provide for
judges and their appointment, designation, and terms; to provide for district
attorneys, public defenders, a clerk, probation officers, and other employees;
to authorize agreements with other courts and agencies for the assignment of
personnel to such court; to authorize judges to complete a planned program of
instruction; to provide for powers and duties of the drug court division; to
provide for expenses; to provide for admissibility of certain matters in certain
proceedings; to provide for access to certain information and confidentiality;
to provide for costs; to provide for related matters; to repeal conflicting
laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
15 of the Official Code of Georgia Annotated, relating to courts, is amended by
striking Code Section 15_1_10, relating to removal of court records and storage
thereof, and inserting in its place the following:
"15_1_10.
(a)
No records or papers of any court shall be removed out of the county, except in
cases of invasion whereby the same may be
endangered,
or
by order of the
court, or as
otherwise provided in this Code
section.
(b)
Notwithstanding any other provision of this Code section, such records may be
stored in accordance with the provisions of subsection (b) of Code Section
15_6_86 or
subsection (c) of this Code
section.
(c)
With the prior written consent of the governing authority of the county or
municipality and the prior written consent of the chief judge, judge of the
probate court, or chief magistrate of the affected court, the clerk of each
superior court, state court, probate court, magistrate court, juvenile court, or
municipal court in this state is authorized, but not required, to create and
maintain digital copies of records, pleadings, orders, writs, process, and other
documents submitted to or issued by the court in criminal, quasi_criminal,
juvenile, or civil proceedings or in any proceedings involving the enforcement
of ordinances of local governments. All digital copies created pursuant to this
subsection shall be accurate copies of the original documents and shall be
stored and indexed in such manner as to be readily retrievable in the office of
the clerk during normal business hours. It shall be the duty of the clerk to
provide and maintain software and computers, readers, printers, and other
necessary equipment in sufficient numbers to permit the retrieval, duplication,
and printing of such digitally stored documents in a timely fashion when copies
are requested. A copy of such digitally stored document retrieved by the clerk
shall be admissible in all courts in the same manner as the original document.
If a backup copy is created pursuant to the process prescribed by subsections
(b), (c), and (d) of Code Section 15_6_62, the clerk is authorized to destroy
the original document. This subsection shall not apply to documents or records
which have been ordered sealed by the court nor to documents which are placed in
evidence in a proceeding. The costs of creating and storing digital copies of
documents and providing the necessary software and equipment to retrieve and
reproduce such documents shall be paid from funds available for the operation of
the court. The provisions of this subsection shall constitute an additional and
alternative method of records management and shall not supersede or repeal Code
Section 15_6_62, 15_6_62.1, 15_6_86, or
15_6_87."
SECTION
2.
Said
chapter is further amended by adding a new Code section to the end of the
chapter to read as follows:
"15_1-15.
(a)(1)
Any court that has jurisdiction over any criminal case which arises from the
use, sale, possession, delivery, distribution, purchase, or manufacture of a
controlled substance, noncontrolled substance, dangerous drug, or other drug may
establish a drug court division to provide an alternative to the traditional
judicial system for disposition of such cases.
(2)
In any case which arises from the use, addiction, dependency, sale, possession,
delivery, distribution, purchase, or manufacture of a controlled substance,
noncontrolled substance, dangerous drug, other drug, or is ancillary to such
conduct and the defendant meets the eligibility criteria for the drug court
division, the court may assign the case to the drug court division:
(A)
Prior to the entry of the sentence, if the prosecuting attorney
consents;
(B)
As part of a sentence in a case; or
(C)
Upon consideration of a petition to revoke probation.
(3)
Each drug court division shall adopt policies and procedures consistent with the
Standards of Drug Courts adopted by the Judicial Council of Georgia, establish
conditions, protocol, and rules for referral of such cases to the drug court
division. The drug court division shall combine judicial supervision, treatment
of drug court division participants, and drug testing.
(4)
Each drug court division shall have the same jurisdiction as the court that
established the drug court division. The court instituting the drug court
division may designate one or more judges to sit as judges of the drug court
division. In addition, the court may designate one or more judges to sit as
judges of the drug court division on a standby basis. The court instituting the
drug court division shall require the drug court judges to complete a planned
program of instruction in criminal law, substance abuse, treatment alternatives,
psychology, family dynamics, and working with diverse populations.
(5)
The court instituting the drug court division may request the prosecuting
attorney for the jurisdiction to designate one or more prosecuting attorneys to
serve in the drug court division and may request the public defender, if any, to
designate one or more assistant public defenders to serve in the drug court
division.
(6)
The clerk of the court instituting the drug court division or such clerk´s
designee shall serve as the clerk of the drug court division.
(7)
The court instituting the drug court division may request probation officers and
other employees of the court to perform duties for the drug court division. Such
employees shall perform duties as directed by the judges of the drug court
division.
(8)
The court instituting the drug court division may enter into agreements with
other courts and agencies for the assignment of personnel from other courts and
agencies to the drug court division.
(9)
Expenses for salaries, equipment, services, and supplies incurred in
implementing this Code section may be paid from state funds, funds of the county
or political subdivision implementing such drug court division, federal grant
funds, and funds from private donations.
(b)(1)
Each drug court division shall establish criteria which define the successful
completion of the drug court division program.
(2)
If the drug court division participant successfully completes the drug court
division program prior to the entry of judgment, the case against the drug court
division participant may be dismissed by the prosecuting attorney.
(3)
If the drug court division participant successfully completes the drug court
division program as part of a sentence imposed by the court, the sentence of the
drug court division participant may be reduced or modified.
(4)
Any plea of guilty or nolo contendere entered pursuant to this Code section may
not be withdrawn without the consent of the court.
(c)
Any statement made by a drug court division participant as part of participation
in such court, or any report made by the staff of the court or program connected
to the court, regarding a participant´s substance usage shall not be
admissible as evidence against the participant in any legal proceeding or
prosecution; provided, however, if the participant violates the conditions of
his or her participation in the program or is terminated from the drug court
division, the reasons for the violation or termination may be considered in
sanctioning, sentencing, or otherwise disposing of the participant´s
case.
(d)
Nothing contained in this Code section shall be construed to permit a judge to
impose, modify, or reduce a sentence below the minimum sentence required by
law.
(e)
Notwithstanding any provision of law to the contrary, drug court division staff
shall be provided, upon request, with access to all records relevant to the
treatment of the drug court division participant from any state or local
government agency. All such records and the contents thereof shall be treated as
confidential, shall not be disclosed to any person outside of the drug court
division, and shall not be subject to Article 4 of Chapter 18 of Title 50,
relating to open records, or subject to subpoena, discovery, or introduction
into evidence in any civil or criminal proceeding. Such records and the contents
thereof shall be maintained by the drug court division and originating court in
a confidential file not available to the public.
(f)
Any fees received by a drug court division from a drug court division
participant as payment for substance abuse treatment and services shall not be
considered as court costs or a fine.
(g)
The court may have the authority to accept grants and donations and other
proceeds from outside sources for the purpose of supporting the drug court
division. Any such grants, donations, or proceeds shall be retained by the drug
court division for
expenses."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.