05 LC 28
2053
Senate
Bill 59
By: Senator Hamrick of the 30th
By: Senator Hamrick of the 30th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 42_8_130 of the Official Code of Georgia Annotated, relating
to establishment of county diversion centers, so as to authorize the
establishment of county probation diversion centers for certain offenders; to
provide that such centers shall be under the control of the sheriff of the
county or such other county entity, officer, or employee as the county governing
authority shall direct; to provide for related matters; to repeal conflicting
laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 42_8_130 of the Official Code of Georgia Annotated, relating to
establishment of county diversion centers, is amended by striking the Code
section and inserting in lieu thereof a new Code Section 42_8_130 to read as
follows:
"42_8_130.
A
county shall be authorized to establish a diversion center under the direction
of the sheriff of the county in which the diversion center is located
or such other
county entity, officer, or employee as the county governing authority shall
direct and a diversion program for the
confinement of certain persons who have been found in contempt of court for
violation of orders granting temporary or permanent alimony or child support and
sentenced pursuant to subsection (c) of Code Section 15_1_4
and for the
confinement of persons placed on probation for misdemeanor
convictions. While in such diversion
program, the respondent shall be authorized to travel to and from his or her
place of employment and to continue his or her occupation. The official in
charge of the diversion program or his or her designee shall prescribe the
routes, manner of travel, and periods of travel to be used by the respondent in
attending to his or her occupation. If the respondent´s occupation
requires the respondent to travel away from his or her place of employment, the
amount and conditions of such travel shall be approved by the official in charge
of the diversion center or his or her designee. When the respondent is not
traveling to or from his or her place of employment or engaging in his or her
occupation, such person shall be confined in the diversion center during the
term of the sentence. With the approval of the
sheriff or
his or her designee
official in
charge of the diversion center or his or her
designee, the respondent may participate
in educational or counseling programs offered at the diversion center. While
participating in the diversion program, the
respondent, in
addition to any fines imposed as a result of such conviction or finding of
contempt, shall be liable for alimony or
child support as previously ordered, including arrears, and his or her income
shall be subject to the provisions of Code Sections 19_6_30 through 19_6_33 and
Chapter 11 of Title 19. In addition, should any funds remain after payment of
child support or alimony, the respondent may be charged and a fee payable to the
county operating the diversion program to cover the costs of his or her
incarceration and the administration of the diversion program which fee shall be
not more than $30.00 per day or the actual per diem cost of maintaining the
respondent, whichever is less, for the entire period of time the person is
confined to the center and participating in the program. If the respondent
fails to comply with any of the requirements imposed upon him or her in
accordance with this Code section, nothing shall prevent the sentencing judge
from revoking said assignment to a diversion program and providing for
alternative methods of
incarceration."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.