07 LC
35 0405
Senate
Bill 129
By:
Senators Grant of the 25th, Powell of the 23rd, Cowsert of the 46th, Whitehead,
Sr. of the 24th, Douglas of the 17th and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 3 of Chapter 5 of Title 42 of the Official Code of Georgia
Annotated, relating to conditions of confinement generally, so as to provide for
limited copayments by inmates for prescription medications; 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
3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating
to conditions of confinement generally, is amended by revising Code Section
42-5-55, relating to deductions from inmate accounts for payment of certain
damages and medical costs, as follows:
"42-5-55.
(a)
As used in this Code section, the term:
(1)
'Detention facility' means a state, county, or private correctional institution,
workcamp, or other state or county detention facility used for the detention of
persons convicted of a felony or a misdemeanor.
(2)
'Inmate' means a person who is detained in a detention facility by reason of
being convicted of a felony or a misdemeanor.
(3)
'Medical treatment' means each visit
initiated
by
the
an
inmate to an institutional physician; physician´s extender, including a
physician´s assistant or a nurse practitioner; registered nurse; licensed
practical nurse; medical assistant; dentist; dental hygienist; optometrist; or
psychiatrist for examination or treatment.
(4)
'Officer in charge' means the warden, captain, or superintendent having the
supervision of any detention facility.
(b)
The commissioner or, in the case of a county or private facility, the officer in
charge may establish by rules or regulations criteria for a reasonable deduction
from money credited to the account of an inmate to:
(1)
Repay the costs of:
(A)
Public property or private property in the case of an inmate housed in a private
correctional facility willfully damaged or destroyed by the inmate during his or
her incarceration;
(B)
Medical treatment
and
prescription medication for injuries
inflicted by the inmate upon himself or herself or others;
(C)
Searching for and apprehending the inmate when he or she escapes or attempts to
escape; such costs to be limited to those extraordinary costs incurred as a
consequence of the escape; or
(D)
Quelling any riot or other disturbance in which the inmate is unlawfully
involved; or
(2)
Defray the costs paid by the state or county for medical treatment
and
prescription medication for an inmate when
the request for medical treatment has been initiated by the inmate.
(c)
The provisions of paragraph (2) of subsection (b) of this Code section shall in
no way relieve the governmental unit, agency, or subdivision having physical
custody of an inmate from furnishing him or her with needed medical
treatment.
(d)
Notwithstanding any other provisions of this Code section, the deductions from
money credited to the account of an inmate as authorized under subsection (b) of
this Code section shall not be made whenever the balance in the inmate´s
account is $10.00 or less.
(e)
The officer in charge of any detention facility is authorized to charge a fee
for establishing and managing inmate money accounts. Such fee shall not exceed
$1.00 per month."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.