05 LC 29
1744S
The
House Committee on Judiciary Non-civil offers the following
substitute
to HB 366:
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
change provisions relating to alternative delivery systems; to provide for
appeal; to change certain provisions relating to the Georgia Public Defender
Standards Council development of standards; 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.
Chapter
12 of Title 17 of the Official Code of Georgia Annotated, relating to legal
defense for indigents, is amended by striking Code Section 17-12-8, relating to
approval by council for representation of indigents and development of
standards, and inserting in lieu thereof the following:
"17-12-8.
(a)
The council shall approve the development and improvement of programs which
provide legal representation to indigent persons and juveniles.
(b)
The council shall approve and implement programs, services, rules, policies,
procedures, regulations, and standards as may be necessary to fulfill the
purposes and provisions of this article and to comply with all applicable laws
governing the rights of indigent persons accused of violations of criminal law.
Standards shall include, but shall not be limited to, the
following:
(1)
Standards for maintaining and operating circuit defender offices, including
requirements regarding qualifications, training, and size of the legal and
supporting staff of such offices;
(2)
Standards prescribing minimum experience, training, and other qualifications for
appointed counsel where a conflict of interest arises between the public
defender and an indigent person;
(3)
Standards for assistant public defender and appointed counsel
caseloads;
(4)
Standards for the performance of assistant public defenders and appointed
counsel representing indigent persons;
(5)
Standards and procedures for the appointment of independent, competent, and
efficient counsel for representation in both the trial and appellate courts of
indigent persons whose cases present conflicts of interest;
(6)
Standards for providing and compensating experts, investigators, and other
persons who provide services necessary for the effective representation of
indigent persons;
(7)
Standards for qualifications and performance of counsel representing indigent
persons in capital cases;
(8)
Standards for determining indigence and for assessing and collecting the costs
of legal representation and related services;
(9)
Standards for compensation of attorneys appointed to represent indigent persons
under this article;
(10)
Standards for removing a circuit public defender for cause pursuant to Code
Section 17-12-20;
(11)
Standards for a uniform definition of a 'case' for purposes of determining
caseload statistics; and
(12)
Standards for accepting contractual indigent defense
representation.
(c)
The initial minimum standards promulgated by the council pursuant to this Code
section and which are determined by the General Oversight Committee for the
Georgia Public Defender Standards Council to have a fiscal impact shall be
submitted by the council to the General Assembly at the regular session for 2005
and shall become effective only when ratified by joint resolution of the General
Assembly and upon the approval of the resolution by the Governor or upon its
becoming law without such approval. The power of the council to promulgate such
initial minimum standards shall be deemed to be dependent upon such
ratification; provided, however, the minimum standards promulgated by the
council shall be utilized as a guideline prior to ratification. Any subsequent
amendments or additions to the initial minimum standards promulgated by the
council pursuant to this Code section and which are determined by the General
Oversight Committee for the Georgia Public Defender Standards Council to have a
fiscal impact shall be ratified at the next regular session of the General
Assembly and shall become effective only when ratified by joint resolution of
the General Assembly and upon the approval of the resolution by the Governor or
upon its becoming law without such approval.
(d)
All standards that are promulgated by the council shall be publicly available
for review and shall be posted on the
counciĺs
website. Each standard shall identify the date upon which the standard took
effect, and if the standard is subject to ratification by the General Assembly
as provided by subsection (c) of this Code section, the status of the standard
with respect to
ratification."
SECTION
2.
Said
chapter is further amended by striking Code Section 17-12-36, relating to
alternative delivery systems, and inserting in lieu thereof the
following:
"17-12-36.
(a)
The council may permit a judicial circuit composed of a single county to
continue in effect an alternative 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 council, by majority vote of the entire council, determines that the
delivery system meets or exceeds its standards, including, without limitation,
caseload standards, as the council adopts;
(3)
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, 2004;
and
(4)
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 request an alternative
delivery system only one
time, which
request shall be made on or before September 30,
2004;
provided, however, that if such judicial
circuit́s
request for an alternative delivery system was disapproved on or before December
31, 2004, such judicial circuit may make one further request on or before
September 1, 2005. The council shall allow such judicial circuit to have a
hearing on such judicial
circuit́s
request.
(c)
The council shall make a
final
determination with regard to continuation of an alternative delivery system not
later than
December
31, 2004
December 1,
2005, and if the council determines that such judicial
circuit́s
alternative delivery system does not meet the standards as established by the
council, the council shall notify such judicial circuit of its deficiencies in
writing and shall allow such judicial circuit an opportunity to cure such
deficiencies. The council shall make a final determination with regard to
continuation of an alternative delivery system on or before December 31,
2005. Initial and subsequent approvals of
alternative delivery systems shall be by a majority vote of the entire
council.
(d)
Any circuit whose alternative delivery system is disapproved at any time shall
be governed by the provisions of this article other than this Code
section.
(e)
In the event an alternative delivery system is approved, the council shall
annually review the operation of such system and determine whether such system
is meeting the standards as established by the council and is eligible to
continue operating as an approved alternative delivery system.
In the event
the council determines that such system is not meeting the standards as
established by the council, the council shall provide written notice to such
system of the deficiencies and shall provide such system an opportunity to cure
such deficiencies.
(f)
In the event an alternative delivery system is approved, it shall keep and
maintain appropriate records, which shall include the number of persons
represented; the offenses charged; the outcome of each case; the expenditures
made in providing services; and any other information requested by the
council.
(g)
In the event the council disapproves an alternative delivery system either in
its initial application or annual review, such system may appeal such decision
to the Supreme Court of Georgia under such rules and procedures as shall be
prescribed by the Supreme
Court."
SECTION
3.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.