08 LC 21
9626
House
Bill 1316
By:
Representatives Watson of the
91st,
Henson of the
87th,
Shipp of the
58th,
Benfield of the
85th,
Chambers of the
81st,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
create the DeKalb County Project Achieve Fund; to provide for legislative
findings; to authorize the imposition and collection of a surcharge to certain
civil filings; to specify the uses to which such surcharge may be put; to
provide for the auditing and accounting for such fund; to provide for a
supervising board for such fund and the membership, composition, authority,
powers, and duties thereof; to provide for related matters; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
The
General Assembly finds that:
(1)
Project Achieve is a collaboration and initiative between the DeKalb County
courts, the DeKalb County School System, and the DeKalb County Commission
effectuating assistance to some of the youth who are first-time offenders.
Project Achieve is designed to provide a second chance at school and
rehabilitation for troubled youth;
(2)
The premise behind Project Achieve is that some young offenders can be better
rehabilitated if they are given strict supervision; skills, academic, emotional,
and anger management training; and an achievable set of goals than by simply
incarcerating them and then putting them back on the street. Offenders who do
not earn either a high school diploma or GED are 75 percent more likely to
re-offend than those who earn their diploma or GED;
(3)
In Project Achieve´s first year of operation, 2005, there were four
successful graduates who worked with two fully certified teachers and who passed
the GED exam. Five other students passed all the core areas of the GED exam and
are awaiting results of the writing sections. In addition, during the time
these participants were in Project Achieve, they did not re-offend;
(4)
DeKalb State and Superior Court judges participate by referring carefully
screened applicants to Project Achieve and arranging for participation as an
alternative to traditional sentencing. The DeKalb County probation director
oversees the day-to-day operations;
(5)
Project Achieve is easily accessible to students. It is on a bus line and train
line. The classroom is located right next door to the probation office so that
attendance and behavior can be monitored on a hourly and daily basis, as needed.
There are rules and regulations that each student agrees to follow, and each
student is aware of the consequences if they do not follow such rules and
regulations, which include immediate incarceration;
(6)
The DeKalb County School System provides teachers and the services of Dr. Regina
Fletcher, the executive director for special projects;
(7)
DeKalb County commissioners provide room for classes and computers and Internet
access for instructional use; and
(8)
Besides the educational aspect of this program, Project Achieve also offers its
students anger management training, mentoring, and work force
development.
SECTION
2.
The
DeKalb County Project Achieve Fund is hereby established.
SECTION
3.
The
clerk of the State Court of DeKalb County is authorized and shall be entitled to
charge a surcharge of $3.00 to each civil case filed in the State Court of
DeKalb County. Such surcharges shall be deposited by the clerk in the DeKalb
County Project Achieve Fund.
SECTION
4.
The
clerk of the State Court of DeKalb County shall establish an account designated
as the DeKalb County Project Achieve Fund in the same manner as the clerk
establishes other accounts of his or her office. The clerk shall:
(1)
Maintain accurate records of all funds collected or imposed in accordance with
this Act;
(2)
Reconcile said account in the same manner as all other accounts supervised by
the clerk;
(3)
Be subject to the same audit requirements as all other accounts held by the
clerk; and
(4)
Provide the Supervising Board of the DeKalb County Project Achieve Fund with an
annual report of all expenditures and collections of the DeKalb County Project
Achieve Fund.
SECTION
5.
There
is created the Supervising Board of the DeKalb County Project Achieve Fund which
shall consist of three members. One member shall be a judge from Division 4 of
the State Court of DeKalb County, one member shall be the solicitor general of
the State Court of DeKalb County, and one member shall be the clerk of the State
Court of DeKalb County or his or her designee.
SECTION
6.
The
Supervising Board of the DeKalb County Project Achieve Fund shall have the sole
authority to direct the clerk to expend funds for the Project Achieve program
for the courts in DeKalb County and may authorize the clerk to make reasonable
expenditures for authorized projects from the fund, as necessary. The fund may
be used to further the mission of Project Achieve, including, without
limitation, salaries and benefits for full-time staff and full-time personnel,
general counseling, anger management counseling, domestic violence counseling,
job training, office supplies, computers, and temporary assistance on a
case-by-case basis. Each such expenditure shall be documented by the clerk in a
manner consistent with expenditures made by the clerk in other court related
accounts.
SECTION
7.
The
state court judge shall be the chairperson of the board who shall call meetings
as necessary for the proper operation of the board. The supervising board shall
meet no less than once each year to accept and review the annual report of the
fund from the clerk but may meet at any other time at the board´s
discretion.
SECTION
8.
Moneys
collected and deposited into the DeKalb County Project Achieve Fund shall be
used to supplement the funds appropriated to the offices of the clerk of the
Superior Court of DeKalb County, the State Court of DeKalb County, the
Magistrate Court of DeKalb County, and other courts in the DeKalb County court
system but shall not be used to supplant those funds appropriated by the DeKalb
County Board of Commissioners or the DeKalb County government.
SECTION
9.
All
laws and parts of laws in conflict with this Act are repealed.