05 LC 29
1672
House
Bill 366
By:
Representatives Murphy of the
23rd,
Knox of the
24th,
Amerson of the
9th,
Hill of the
21st,
Byrd of the
20th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating
to legal defense for indigents, so as to allow alternative delivery systems to
opt out from having a public defender system under certain circumstances; to
correct cross-references; to amend Code Section 15-21-77 of the Official Code of
Georgia Annotated, relating to collections to be appropriated for indigent
defense, to correct a cross-reference; to provide for related matters; to
provide for an effective date; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 15-21-77 of the Official Code of Georgia Annotated, relating to
collections to be appropriated for indigent defense, is amended by striking
subsection (c) and inserting in
lieu thereof the following:
lieu thereof the following:
"(c)
Where the Georgia Public Defender Standards Council has approved an alternative
delivery system as set forth in Code Section 17-12-36
or
17-12-36.1, the council shall pay from
funds available to the council an amount of funds equal to the amount that would
have been allocated to the circuit for the minimum salary of the circuit public
defender, the assistant circuit public defenders, the investigator, and the
administrative staff, exclusive of benefits, if the circuit was not operating an
alternative delivery
system."
SECTION
2.
Chapter
12 of Title 17 of the Official Code of Georgia Annotated, relating to legal
defense for indigents, is amended by striking subsection (d) of Code Section
17-12-7, relating to councilmembers of the Georgia Indigent Defense Standards
Council and their responsibilities, and inserting in lieu thereof the
following:
"(d)
Unless otherwise provided in this article, a quorum shall be a majority of the
members of the council who are then in office, and decisions of the council
shall be by majority vote of the members present, except that a majority of the
entire council must approve the appointment or removal of the chairperson or
removal of a circuit public defender for cause pursuant to Code Section 17-12-20
and an alternative delivery system pursuant to Code Section 17-12-36
or
17-12-36.1 and other matters as set forth
in Code Section
17-12-36."
SECTION
3.
Said
chapter is further amended by adding a new Code section to follow Code Section
17-12-36, relating to alternative delivery systems, to read as
follows:
"17-12-36.1.
(a)
Notwithstanding the provisions of Code Section 17-12-36, the council shall not
have the authority to disapprove an alternative delivery system if a judicial
circuit composed of a single county elects to continue in effect an alternate
delivery system to the one set forth in this article if:
(1)
The delivery system:
(A)
Has a full-time director and staff and had been fully operational for at least
two years on July 1, 2003; or
(B)
Is administered by the county administrative office of the courts or the office
of the court administrator of the superior court and had been fully operational
for at least two years on July 1, 2003;
(2)
The governing authority of the county comprising the judicial circuit enacts a
resolution expressing its desire to continue its delivery system and transmits a
copy of such resolution to the council not later than September 30, 2005;
and
(3)
The governing authority of the county comprising the judicial circuit enacts a
resolution agreeing to fully fund its delivery system.
(b)
A judicial circuit composed of a single county may make more than one request
for approval of an alternative delivery system, provided the request is made on
or before September 30, 2005.
(c)
The council shall make a final determination not later than December 31, 2005 of
whether an alternative delivery system meets the criteria set forth in
subsection (a) of this Code section and shall therefore be able to continue its
alternative delivery system.
(d)
Nothing contained in this Code section shall prevent a governing authority of
the county comprising the single county judicial circuit from enacting a future
resolution which discontinues the alternative delivery system and thereafter
being governed by the provisions of this article other than this Code
section."
SECTION
4.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.