07 LC 29
2880
House
Bill 861
By:
Representatives Mills of the
25th,
Rogers of the
26th,
Collins of the
27th,
and Benton of the
31st
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 15-21-77 and Chapter 12 of Title 17 of the Official Code of
Georgia Annotated, relating to funding for indigent defense and legal defense of
indigents, respectively, so as to allow certain judicial circuits to have
alternative delivery systems which opt out from having a public defender system
under certain circumstances; to provide for procedure; to change provisions
relating to alternative delivery systems; 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 15-21-77 of the Official Code of Georgia Annotated, relating to funding
for indigent defense, is amended by revising subsection (c) as
follows:
"(c)
Where the Georgia Public Defender Standards Council has approved an alternative
delivery system as set forth in Code Section 17-12-36
or
17-12-37, the council shall pay from funds
available to the council an amount of funds equal to the amount that would have
been allocated to the circuit for the minimum salary of the circuit public
defender, the assistant circuit public defenders, the investigator, and the
administrative staff, exclusive of benefits, if the circuit was not operating an
alternative delivery system."
SECTION
2.
Chapter
12 of Title 17 of the Official Code of Georgia Annotated, relating to legal
defense of indigents, is amended in Code Section 17-12-7, relating to
councilmembers, responsibilities, voting, removal, quorum, meetings, officers,
and expenses, by revising subsection (d) as follows:
"(d)
Unless otherwise provided in this article, a quorum shall be a majority of the
members of the council who are then in office, and decisions of the council
shall be by majority vote of the members present, except that a majority of the
entire council must approve the appointment or removal of the chairperson or
removal of a circuit public defender for cause pursuant to Code Section 17-12-20
and an alternative delivery system pursuant to Code Section 17-12-36
or
17-12-37 and other matters as set forth in
Code Section 17-12-36
or
17-12-37."
SECTION
3.
Said
chapter is further amended by adding a new Code section to read as
follows:
"17-12-37.
(a)
Notwithstanding the provisions of Code Section 17-12-36, the council shall
permit a judicial circuit composed of a single county or two counties to have an
alternative delivery system to the one set forth in this article if the
governing authority of the county or counties comprising the judicial circuit
enacts a resolution agreeing to fund its delivery system and expressing its
desire to have an alternative delivery system. A copy of such resolution shall
be transmitted by registered or certified mail or statutory overnight delivery
to the council with notice of the judicial circuit´s intention to establish
an alternative delivery system not later than November 30 of the fiscal year
immediately preceding the beginning of the fiscal year in which the judicial
circuit intends to begin the alternative delivery system. Notices to the
council received after November 30 shall not be effective until the beginning of
the second fiscal year following the receipt of the notice. The approval of
such alternative delivery system by the council shall not be
required.
(b)
In the event an alternative delivery system is established, the council shall
annually review the operation of such system and determine whether such system
is meeting the standards as established by the council and is eligible to
continue operating as an alternative delivery system. In the event the council
determines that such system is not meeting the standards as established by the
council, the council shall provide written notice to such system of the
deficiencies and shall provide such system an opportunity to cure such
deficiencies.
(c)
In the event an alternative delivery system is established, it shall keep and
maintain appropriate records, which shall include the number of persons
represented; the offenses charged; the outcome of each case; the expenditures
made in providing services; and any other information requested by the
council."
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.