05 LC
9 1550
House
Bill 432
By:
Representatives Buckner of the
76th,
Barnes of the
78th,
Lunsford of the
110th,
Stanley-Turner of the
53rd,
England of the
108th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 17-10-1 of the Official Code of Georgia Annotated, relating
to fixing of sentence in criminal cases, so as to provide for provisions
relating to work release programs in felony sentences; to provide for revocation
of work release status; to provide for other related matters; to provide for an
effective date and applicability; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 17-10-1 of the Official Code of Georgia Annotated, relating to fixing of
sentence in criminal cases, is amended by adding at its end a new subsection (g)
to read as follows:
"(g)(1)(A)
In sentencing a defendant convicted of a felony to confinement in the custody of
the Department of Corrections, the sentencing judge may authorize that the
person so sentenced shall be eligible to participate in a work release program
operated by a county. When an inmate has been so sentenced, the commissioner of
corrections is authorized to permit participation of the inmate in a work
release program operated by a county in the same general manner provided for in
Code Section 42-5-59, provided that such program is available and the
administrator of such program accepts the inmate.
(B)
In sentencing a defendant convicted of a felony to probated confinement, the
sentencing judge may make the
defendant́s
participation in a work release program operated by a county a condition of
probation, provided that such program is available and the administrator of such
program accepts the inmate.
(C)
Any defendant accepted into a county work release program shall thereby be
transferred into the legal custody of the administrator of said program;
likewise, any defendant not accepted shall remain in the legal custody of the
Department of Corrections.
(2)
Work release status granted by the court may be revoked for cause by the
sentencing court in its discretion or may be revoked by the state or local
authority operating the work release program for any reason for which work
release status would otherwise be revoked.
(3)
The provisions of this subsection shall not limit the authority of the
commissioner to authorize work release status pursuant to Code Section 42-5-59
or apply to or affect the authority to authorize work release of county
prisoners, which shall be as provided for in Code Sections 42-1-4 and 42-1-9 or
as otherwise provided by law.
(4)
This subsection shall not apply with respect to any offense for which the work
release status is specifically prohibited by law, including but not limited to
serious violent felonies as specified in Code Section
17-10-6.1."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval and may be applied by the sentencing court
with respect to any sentence entered on or after that effective
date.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.