08 HB
1116/AP
House
Bill 1116 (AS PASSED HOUSE AND SENATE)
By:
Representative Barnard of the
166th
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, so as to increase the minimum
reimbursement rate paid to counties for housing state inmates; 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 amend Article 9 of Chapter 8 of
Title 42 of the Official Code of Georgia Annotated, relating to probation
management, so as to modify certain provisions relating to the "Probation
Management Act of 2004"; to provide for related matters; to provide effective
dates; 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, is amended by revising subsection (c) of Code
Section 42-5-51, relating to jurisdiction over certain misdemeanor offenders,
designation of place of confinement of inmates, and reimbursement of counties
for housing state inmates, as follows:
"(c)
After proper documentation is received from the clerk of the court, the
department shall have 15 days to transfer an inmate under sentence to the place
of confinement. If the inmate is not transferred within the 15 days, the
department will reimburse the county, in a sum not less than
$7.50
$25.00
per day per inmate and in such
an
additional
amount as may be appropriated for this purpose by the General Assembly, for the
cost of the incarceration, commencing 15 days after proper documentation is
received by the department from the clerk of the court. The reimbursement
provisions of this Code section shall only apply to payment for the
incarceration of felony inmates available for transfer to the department, except
inmates under death sentence awaiting transfer after their initial trial, and
shall not apply to inmates who were incarcerated under the custody of the
commissioner at the time they were returned to the county jail for trial on
additional charges or returned to the county jail for any other purposes,
including for the purpose of a new trial."
SECTION
2.
Said
article is further amended by revising subsections (b) through (e) of Code
Section 42-5-50, relating to transmittal of information on convicted persons and
places of detention, as follows:
"(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
3.
Article
9 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating
to probation management, is amended in Code Section 42-8-153, relating to
administrative sanctions as an alternative to judicial modification or
revocation of probation, as follows:
"42-8-153.
(a)
The department is authorized to establish by rules and regulations a system of
administrative sanctions as an alternative to judicial modifications or
revocations for probationers who violate the terms and conditions of the
sentencing options system established under this article. The department may
not, however, sanction probationers for violations of special conditions of
probation or general conditions of probation for which the sentencing judge has
expressed an intention that such violations be heard by the court pursuant to
Code Section 42-8-34.1.
(b)
The department shall only impose restrictions which are equal to or less
restrictive than the
initial
sanction
cap
set by the sentencing judge.
(c)
The administrative sanctions which may be imposed by the department are as
follows, from most restrictive to least restrictive:
(1)
Probation detention center or residential substance abuse treatment
facility;
(2)
Probation boot camp;
(3)
Probation diversion center;
(5)(4)
Options
system
Department of
Corrections day reporting center;
(4)(5)
Intensive probation;
(6)
Electronic monitoring;
(7)
Community service; or
(8)
Probation supervision."
SECTION
4.
Said
article is further amended in Code Section 42-8-154, relating to preliminary
hearings, as follows:
"42-8-154.
Whenever
an options system probationer is arrested on a warrant for an alleged violation
of probation, an informal preliminary hearing shall be held within a reasonable
time not to exceed 15 days. However, a preliminary hearing is not required if
the probationer is not under arrest on a
warrant,
or
if the probationer has signed a waiver of a preliminary
hearing, or if
the administrative hearing referred to in Code Section 42-8-155 will be held
within 15 days of
arrest."
SECTION
5.
Said
article is further amended in Code Section 42-8-155, relating to hearings
regarding violations, by adding a new subsection to read as
follows:
"(f)
Official forms of the department for the recording of the findings, imposition
of sanctions, or waiver of a hearing signed by the department hearing officer
shall be filed with the clerk of the superior court having jurisdiction over the
defendant."
SECTION
6.
Said
article is further amended in Code Section 42-8-156, relating to the finality of
the hearing officer´s decision, as follows:
"42-8-156.
(a)
The hearing officer´s decision shall be final unless the options system
probationer files
for review
with the senior hearing officer. The request for review shall be filed within
15 days of the issuance of the department´s decision. The request for
review shall not stay the department´s decision. The senior hearing
officer shall issue a response within seven days of receipt of the review
request.
(b)
The senior hearing officer´s decision shall be final unless the options
system probationer files an appeal in the
sentencing court. Such appeal shall name the commissioner as defendant and
shall be filed within 30 days of the issuance of the decision by the
department
senior hearing
officer.
(b)(c)
This appeal shall be first reviewed by the judge upon the record. At the
judge´s discretion, a de novo hearing may be held on the decision. The
filing of the appeal shall not stay the department´s decision.
(c)(d)
Where the sentencing judge does not act on the appeal within 30 days of the date
of the filing of the appeal, the department´s decision shall be affirmed by
operation of law."
SECTION
7.
Said
article is further amended in Code Section 42-8-158, relating to application of
the article only in counties with certified options system day reporting
centers, as follows:
"42-8-158.
This
article shall only apply in
counties
that have an options system day reporting center certified by the
department
judicial
circuits where the department has allocated certified hearing
officers."
SECTION
8.
Said
article is further amended by repealing Code Section 42-8-160, relating to the
repeal of the article, which reads as follows:
"42-8-160.
This
article shall be repealed in its entirety on June 30, 2008."
SECTION
9.
Sections
1 and 2 of this Act shall become effective on January 1, 2010. The remaining
sections of this Act shall become effective on June 15, 2008.
SECTION
10.
All
laws and parts of laws in conflict with this Act are repealed.