08 LC 21
9601
Senate
Bill 349
By:
Senators Wiles of the 37th, Hill of the 32nd, Stoner of the 6th, Rogers of the
21st, Douglas of the 17th and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 42-5-50 of the Official Code of Georgia Annotated, relating
to transmittal of information on convicted persons and place of detention, so as
to provide that after a convicted person has remained in custody of the local
jail for a period of 90 days after a request for local custody has been filed on
behalf of such person, the sheriff through the prosecuting attorney may petition
the sentencing court for a hearing to determine whether such convicted person
should be transferred to the custody of the commissioner of corrections; to
provide for notice to the attorney of record for the convicted person; to
provide for certain matters to be considered by the court; to provide that the
court order shall specify the conditions of continued incarceration of the
convicted person; to provide under certain conditions for transfer of the
convicted person to the custody of the commissioner of corrections; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 42-5-50 of the Official Code of Georgia Annotated, relating to
transmittal of information on convicted persons and place of detention, is
amended by revising subsection (c) as follows:
"(c)(1)
In the event that the attorney for the convicted person shall file a written
request with the court setting forth that the presence of the convicted person
is required within the county of the conviction, or incarceration, in order to
prepare and prosecute properly the appeal of the conviction, the convicted
person shall not be transferred to the correctional institution as provided in
subsection (b) of this Code section. In such
event, except
as otherwise provided in paragraph (2) of this
subsection, the convicted person shall
remain in the custody of the local jail or lockup until all appeals of the
conviction shall be disposed of or until the attorney of record for
the
such
convicted person shall file with the trial court an affidavit setting forth that
the presence of
the
such
convicted person is no longer required within the county in which the conviction
occurred, or in which
the
such
convicted person is incarcerated, whichever event shall first
occur.
(2)
After a convicted person has remained in custody of the local jail or lockup for
a period of 90 days after a request for local custody has been filed on behalf
of such person as provided in paragraph (1) of this subsection, the sheriff
through the prosecuting attorney may petition the sentencing court for a hearing
to determine whether such convicted person should be transferred to the custody
of the commissioner of corrections. Notice of such petition for hearing shall be
provided to the attorney of record for such convicted person and the
commissioner of the Georgia Department of Corrections by certified mail or
statutory overnight delivery. The court shall consider the merits of the appeal,
the available space in the local jail, whether any problems or dangers would
result from the presence of such convicted person in the local jail, and any
other factors raised by the sheriff or the attorney of record for such convicted
person. The order of the court shall specify whether such convicted person shall
be transferred to the custody of the commissioner of corrections, remain in the
local jail for an additional specified period of time, or remain in the local
jail until all appeals of the conviction shall be disposed of, or the attorney
of record for such convicted person shall file with the trial court an affidavit
setting forth that the presence of such convicted person is no longer required
within the county in which the conviction occurred, or in which such convicted
person is incarcerated, whichever of the latter two events shall first occur. If
the court´s order specifies that such convicted person shall be transferred
to the custody of the commissioner of corrections, such convicted person shall
be processed, assigned, and transferred as provided in subsections (a) and (b)
of this Code section."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.