07 LC 28
3362
Senate
Bill 143
By:
Senator Wiles of the 37th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 4 of Chapter 21 of Title 15 and Chapter 12 of Title 17 of the
Official Code of Georgia Annotated, relating to peace officer, prosecutor, and
indigent defense funding 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; to allow certain judicial circuits to
have alternate delivery systems which opt out from having the Office of the
Georgia Capital Defender represent capital cases in the circuit; to provide for
funding for such 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.
Article
4 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating
to peace officer, prosecutor, and indigent defense funding, is amended by
revising Code Section 15-21-74, relating to assessment and collection of
penalties, as follows:
"15-21-74.
The
Except as
provided in Code Section 15-21-77, the
sums provided for in Code Section 15-21-73 shall be assessed and collected by
the court officer charged with the duty of collecting moneys arising from fines
and forfeited bonds and shall be paid over to the Georgia Superior Court
Clerks´ Cooperative Authority by the last day of the month there following,
to be deposited by the authority into the general treasury. The authority
shall, on a quarterly basis, make a report and accounting of all funds collected
pursuant to this article and shall submit such report and accounting to the
Office of Planning and Budget, the Legislative Budget Office, and the Senate
Budget Office no later than 60 days after the last day of the preceding
quarter."
SECTION
2.
Said
article is further amended by revising Code Section 15-21-77, relating to
funding for indigent defense, as follows:
"15-21-77.
(a)
An amount equal to the net proceeds derived under subparagraphs (a)(1)(A) and
(a)(2)(A) of Code Section 15-21-73 in the immediately preceding year shall be
appropriated to fund law enforcement or prosecutorial officers´ training,
or both, and activities incident thereto, including, but not limited to, payment
or repayment to the state treasury for capital outlay, general obligation bond
debt service, administrative expenses, and any other expense or fund application
which the General Assembly may deem appropriate. This subsection shall not
preclude the appropriation of a greater amount for this purpose.
(b)
It
Except as
provided in subsection (c) of this Code section,
it is the intent of the General Assembly
that all funds derived under subparagraphs (a)(1)(B) and (a)(2)(B) of Code
Section 15-21-73 shall be made available through the general appropriations
process and may be appropriated for purposes of funding indigent
defense.
(c)
Where the
Georgia Public Defender Standards Council
a judicial
circuit has
approved
chosen to
provide an alternative delivery system as
set forth in Code Section 17-12-36,
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
on and after
the effective date of such alternative delivery system, the court officers
charged with the duty of collecting moneys arising from fines and forfeited
bonds shall assess and collect the sums provided for in subparagraphs (a)(1)(B)
and (a)(2)(B) of Code Section 15-21-73 and shall pay over to the Georgia
Superior Court Clerks´ Cooperative Authority by the last day of the month
there following 20 percent of the sums collected to be deposited by the
authority into the general treasury. The remaining 80 percent of such sums
collected shall be paid over to the governing authority to be used to fund
such alternative delivery system.
The court
officers charged with the duty of collecting moneys arising from fines and
forfeited bonds shall submit with the sums being remitted to the Georgia
Superior Court Clerks´ Cooperative Authority a report and accounting of all
funds collected for the
month."
SECTION
3.
Chapter
12 of Title 17 of the Official Code of Georgia Annotated, relating to legal
defense of indigents, is amended by revising subsection (d) of Code Section
17-12-7, relating to councilmembers, responsibilities, voting, removal, quorum,
meetings, officers, and expenses relating to the Georgia Public Defender
Standards Council, 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 and other matters
as set forth in Code Section
17-12-36."
SECTION
4.
Said
chapter is further amended by revising Code Section 17-12-36, relating to
alternate delivery system, as follows:
"17-12-36.
(a)
The council
may permit a
A
judicial circuit
composed of
a single county
may
have
to continue
in effect an alternative delivery system
to the one set forth in this article if
the governing
authority of the county, in the case of a judicial circuit composed of a single
county, or the governing authority of each county comprising the judicial
circuit, in the case of a judicial circuit composed of multiple counties, enacts
a resolution expressing its desire to have an alternate delivery system and
transmits a copy of such resolution to the council with notice of the judicial
circuit´s intention to establish an alternate 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 alternate
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.:
(1)
The delivery system:
(A)
Has a full-time director and staff and had been fully operational for at least
two years on July 1, 2003; or
(B)
Is administered by the county administrative office of the courts or the office
of the court administrator of the superior court and had been fully operational
for at least two years on July 1, 2003;
(2)
The council, by majority vote of the entire council, determines that the
delivery system meets or exceeds its standards, including, without limitation,
caseload standards, as the council adopts;
(3)
The governing authority of the county comprising the judicial circuit enacts a
resolution expressing its desire to continue its delivery system and transmits a
copy of such resolution to the council not later than September 30, 2004;
and
(4)
The governing authority of the county comprising the judicial circuit enacts a
resolution agreeing to fully fund its delivery system.
(b)
A judicial circuit composed of a single county may request an alternative
delivery system only one time; provided, however, that if such judicial
circuit´s request for an alternative delivery system was disapproved on or
before December 31, 2004, such judicial circuit may make one further request on
or before September 1, 2005. The council shall allow such judicial circuit to
have a hearing on such judicial circuit´s request.
(c)
The council shall make a determination with regard to continuation of an
alternative delivery system not later than December 1, 2005, and if the council
determines that such judicial circuit´s alternative delivery system does
not meet the standards as established by the council, the council shall notify
such judicial circuit of its deficiencies in writing and shall allow such
judicial circuit an opportunity to cure such deficiencies. The council shall
make a final determination with regard to continuation of an alternative
delivery system on or before December 31, 2005. Initial and subsequent
approvals of alternative delivery systems shall be by a majority vote of the
entire council.
(d)
Any circuit whose alternative delivery system is disapproved at any time shall
be governed by the provisions of this article other than this Code
section.
(e)
In the event an alternative delivery system is approved, 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 approved 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.
(f)(b)
In the event an alternative delivery system is
approved
established,
it shall keep and maintain appropriate records, which shall include the number
of persons represented; the offenses charged; the outcome of each case;
and
the expenditures made in providing
services;
and any other information requested by the
council.
This
information shall be provided in summary form for the immediately preceding
fiscal year to the Governor, the Lieutenant Governor, the Speaker of the House
of Representatives, and the council not later than September 1 of each
year.
(g)
In the event the council disapproves an alternative delivery system either in
its initial application or annual review, such system may appeal such decision
to the Supreme Court of Georgia under such rules and procedures as shall be
prescribed by the Supreme
Court."
SECTION
5.
Said
chapter is further amended by adding a new Code section to the end of Article 6,
relating to the Georgia capital defender, to read as follows:
"17-12-129.
(a)
A judicial circuit may have an alternative delivery system for the
representation of indigent capital defendants to the one set forth in this
article if the governing authority of the county, in the case of a judicial
circuit composed of a single county, or the governing authority of each county
comprising the judicial circuit, in the case of a judicial circuit composed of
multiple counties, enacts a resolution expressing its desire to have an
alternate delivery system for the representation of capital defendants and
transmits a copy of such resolution to the council and to the Office of the
Capital Defender with notice of the judicial circuit´s intention to
establish an alternate 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 alternate delivery system. Notices to the
council and Capital Defender 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 or the
Office of the Capital Defender shall not be required.
(b)
When a judicial circuit chooses to provide an alternative delivery system for
the representation of capital defendants as provided in subsection (a) of this
Code section, upon the effective date of the alternative delivery system, the
Office of the Capital Defender shall no longer be notified of indigent capital
defendants in such circuit and shall not undertake the representation of such
defendants. The Office of the Capital Defender and any counsel appointed by a
superior court judge under subsection (b) of Code Section 17-12-127 shall
continue to represent those indigent capital defendants in such circuit for
which representation was being provided on the effective date of the alternative
delivery system in the circuit and shall continue to receive the compensation
provided in subsection (b) of Code Section 17-12-127, but shall not undertake
any new representation of capital defendants in such circuit.
(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; and the
expenditures made in providing services. This information shall be provided in
summary form for the immediately preceding fiscal year to the Governor, the
Lieutenant Governor, the Speaker of the House of Representatives, and the
council not later than September 1 of each year."
SECTION
6.
All
laws and parts of laws in conflict with this Act are repealed.