08 LC 35
0913S
The
House Committee on State Institutions and Property offers the following
substitute to SB 48:
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 detention generally, so as to change
certain provisions relating to transmittal of information on convicted persons
and place of detention; to change the provision that allows convicted persons to
remain in local jails under certain circumstances; 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 detention generally, is amended by revising Code Section
42-5-50, relating to transmittal of information on convicted persons and place
of detention, as follows:
"42-5-50.
(a)
The clerk of the court shall notify the commissioner of a sentence within 30
working days following the receipt of the sentence and send other documents set
forth in this Code section. Such notice shall be mailed within such time period
by first-class mail and shall be accompanied by two complete and certified
sentence packages containing the following documents:
(1)
A certified copy of the sentence;
(2)
A complete history of the convicted person, including a certified copy of the
indictment, accusation, or both and such other information as the commissioner
may require;
(3)
An affidavit of the custodian of such person indicating the total number of days
the convicted person was incarcerated prior to the imposition of the sentence.
It shall be the duty of the custodian of such person to transmit the affidavit
provided for in this paragraph to the clerk of the superior court within ten
days following the date on which the sentence is imposed;
(4)
Order of probation revocation or tolling of probation; and
(5)
A copy of the sentencing information report is required in all jurisdictions
with an options system day reporting center certified by the Department of
Corrections. The failure to provide the sentencing information report shall not
cause an increase in the 15 day time period for the department to assign the
inmate to a correctional institution as set forth in subsection (b) of this Code
Section
section.
All
of the aforementioned
Such
documents
will
shall
be submitted on forms provided by the commissioner. The commissioner shall file
one copy of each such document with the State Board of Pardons and Paroles
within 30 working days of receipt of such documents from the clerk of the court.
Except where the clerk is on a salary, the clerk shall receive from funds of the
county the fee prescribed in Code Section 15-6-77 for such service.
(b)
Except as
otherwise provided in subsection (c) of this Code section,
within
Within
15 days after the receipt of the information provided for in subsection (a) of
this Code section, the commissioner shall assign the convicted person to a
correctional institution designated by
him
the
commissioner in accordance with subsection
(b) of Code Section 42-5-51. It shall be the financial responsibility of the
correctional institution to provide for the picking up and transportation, under
guard, of the inmate to
his
the
inmate´s assigned place of detention.
If the inmate is assigned to a county correctional institution or other county
facility, the county shall assume such duty and responsibility.
(c)
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 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
convicted person shall file with the trial court an affidavit setting forth that
the presence of the convicted person is no longer required within the county in
which the conviction occurred, or in which the convicted person is incarcerated,
whichever event shall first occur.
(d)
The department shall not be required to assume the custody of those inmates who
have been convicted and sentenced prior to January 1, 1983, and because their
conviction is under appeal have not been transferred to the custody of the
department, until July 1, 1983. The state
shall pay for each
such
inmate not transferred to the custody of the department
from a county
facility the per diem rate specified by
subsection (c) of Code Section 42-5-51 for each day the inmate remains in the
custody of the county after the department receives the notice provided by
subsection (a) of this Code section
on or after
January 1, 1983.
(e)(d)
In the event that the convicted person is free on bond pending the appeal of his
or
her conviction, the notice provided for in
subsection (a) of this Code section shall not be transmitted to the commissioner
until all appeals of such conviction have been disposed of or until the bond
shall be revoked."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.