05 LC 19
6400
House
Bill 64
By:
Representatives Ralston of the
7th
and Powell of the
29th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia
Annotated, relating to the state-wide probation system, so as to change the
sentence lengths for persons sentenced to probation detention and diversion
centers; to provide for related matters; to repeal conflicting laws; and for
other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating
to the state-wide probation system, is amended by striking subsection (a) of
Code Section 42-8-35.4, relating to confinement in a probation diversion center,
and inserting in lieu thereof a new subsection (a) to read as
follows:
"(a)
In addition to any other terms and conditions of probation provided for in this
article, the trial judge may require that a defendant convicted of a felony and
sentenced to a period of not less than one year on probation or a defendant who
has been previously sentenced to probation for a forcible misdemeanor as defined
in paragraph (7) of Code Section 16-1-3 or a misdemeanor of a high and
aggravated nature and has violated probation or other probation alternatives and
is subsequently sentenced to a period of not less than one year on probation
shall complete satisfactorily, as a condition of that probation, a program of
confinement in a probation detention center. Probationers so sentenced will be
required to serve a period of confinement
as
specified in the court order, which confinement period shall be computed from
the date of initial confinement in the probation detention
center
of 120 days
which shall be computed from the time of initial confinement in the probation
detention center; provided, however, that the department may release the
defendant upon service of a minimum of 60 days in recognition of the
defendant́s
program progression; and provided, further, that the
defendant́s
unsatisfactory behavior shall be grounds for the revocation of the
defendant́s
probated sentence as would any other violation of a condition or term of
probation."
SECTION
2.
Said
article is further amended by striking subsection (a) of Code Section 42-8-35.5,
relating to confinement in a probation diversion center, and inserting in lieu
thereof a new subsection (a) to read as follows:
"(a)
In addition to any other terms and conditions of probation provided in this
article, the trial judge may require that probationers sentenced to a period of
not less than one year on probation shall satisfactorily complete, as a
condition of that probation, a program in a probation diversion center.
Probationers so sentenced will be required to serve a period of confinement
as
specified in the court order, which confinement period shall be computed from
the date of initial confinement in the diversion
center
of 180 days
which shall be computed from the time of initial confinement in the probation
diversion center; provided, however, that the department may release the
defendant upon service of a minimum of 120 days in recognition of the
defendant́s
program progression; and provided, further, that the
defendant́s
unsatisfactory behavior shall be grounds for the revocation of the
defendant́s
probated sentence as would any other violation of a condition or term of
probation."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.