08 LC 28
3920
House
Bill 1045
By:
Representatives Forster of the
3rd,
Mitchell of the
88th,
Day of the
163rd,
Neal of the
1st,
and Martin of the
47th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 42 of the Official Code of Georgia Annotated, relating to penal
institutions, so as to create the "Life to Life" program; to provide for a short
title; to provide for legislative findings; to provide for the establishment of
a program by the Department of Corrections, the State Board of Pardons and
Paroles, and private industry for the employment of qualifying inmates in work
areas outside of the United States and its territories; to provide for the
requirements of such program; to provide for the qualifications for inmates to
participate in such program; to provide that successful completion of such
program shall result in the parole of the inmate or the commutation of such
inmate´s sentence; to provide for sanctions for failure to complete such
program; to provide for related matters; to repeal conflicting laws; and for
other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
42 of the Official Code of Georgia Annotated, relating to penal institutions, is
amended by adding a new chapter to read as follows:
"CHAPTER
14
42-14-1.
This
chapter shall be known as and may be cited as the 'Life to Life
Program.'
42-14-2.
The
General Assembly finds that the Department of Corrections serves to fulfill the
purposes of restitution, rehabilitation, and restoration with regard to the
inmates assigned to its custody. Over the years, in the United States, inmates
have been used to assist in cases of natural disasters, allowed to serve in the
military, and utilized for other worthwhile civic projects. The inmates serving
in these programs paid their debt to society through their service, were
rehabilitated through developing marketable skills, and were restored to society
by having shown their good works and service. The General Assembly finds that
such a program would be useful today to allow offenders to provide restitution
to society, be rehabilitated, and be restored to society.
42-14-3.
(a)
The Department of Corrections and the State Board of Pardons and Paroles shall
establish a program for service for qualifying inmates. Such program shall be
voluntary for such inmates.
(b)
The Department of Corrections and the State Board of Pardons and Paroles shall
negotiate and enter into contracts with companies based in the United States
that perform substantial work outside the United States; that are willing to
utilize inmate labor; and that are willing to agree to the conditions of the
program.
(c)
A company agreeing to participate in the program shall:
(1)
Employ the inmates accepted by the company under the provisions of the program
contract with the Department of Corrections and the State Board of Pardons and
Paroles at work sites outside of the United States and its
territories;
(2)
Monitor the activities and performance of such inmates in accordance with such
terms and conditions as specified by the Department of Corrections and the State
Board of Pardons and Paroles;
(3)
Provide the inmates with a salary as agreed by the company and the Department of
Corrections and the State Board of Pardons and Paroles, provide a per diem for
such inmate while residing outside of the United States and its territories in
an amount as agreed by the company and the Department of Corrections and the
State Board of Pardons and Paroles which shall be sufficient to provide the
inmates housing and meals while performing work for the company, provide the
inmates with the necessary training to perform the tasks at the work site which
training shall be provided outside of the United States and its territories, and
provide transportation for the inmates to and from the work sites outside of the
United States and its territories; and
(4)
Perform such other tasks and responsibilities as may be required in such
contract with the Department of Corrections and the State Board of Pardons and
Paroles.
(d)
Qualifying inmates shall be those inmates who:
(1)
Have been sentenced to terms of imprisonment in the custody of the Department of
Corrections of not less than eight nor more than 15 years;
(2)
Have served at least three years of such sentence without any disciplinary
reports;
(3)
Have a high school diploma or a general educational development
diploma;
(4)
Volunteer to participate in the program;
(5)
Agree to a minimum of term of service in the program as specified by the
Department of Corrections and the State Board of Pardons and Paroles taking into
account the nature of the work to be performed in the program, the length of the
inmate´s sentence, and the nature of the crime committed by the inmate, but
in no event shall the period of service be less than three years;
(6)
Agree to random drug screening by the company;
(7)
Agree to the wages and conditions of the program;
(8)
Agree to the suspension of their sentence of incarceration while in the program;
and
(9)
Agree to comply with all terms and conditions of the program.
(e)
Wages paid to an inmate by a participating company shall be divided as
follows:
(1)
Twenty-five percent shall be remitted to the state treasury and it is the intent
of the General Assembly that an amount equal to the funds received pursuant to
this paragraph in the preceding fiscal year be appropriated to the Department of
Corrections in the next fiscal year´s budget;
(2)
Fifteen percent shall be remitted to the state treasury to offset the expense of
operating the program;
(3)
Forty percent shall be paid into an interest bearing savings account for each
inmate which shall be held for the benefit of such inmate until the inmate
completes the program at which time it shall be paid over to such inmate;
and
(4)
Twenty percent shall be paid directly to such inmate.
42-14-4.
(a)
Inmates who successfully complete the program shall be granted paroles or shall
have their sentences commuted by the State Board of Pardons and Paroles in its
discretion.
(b)
Any inmate participating in the program who:
(1)
Tests positive for illegal drugs on a random drug screening;
(2)
Commits a crime; or
(3)
Intentionally fails or refuses to comply with any of the terms or conditions of
the program
shall
be returned to the custody of the Department of Corrections and shall serve out
the full term to which such inmate was sentenced without credit for any time
spent in the program toward the completion of such sentence and shall not
thereafter be eligible for participation in such program."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.