07 HB
313/AP
House
Bill 313 (AS PASSED HOUSE AND SENATE)
By:
Representative Barnard of the
166th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 2 of Title 42 of the Official Code of Georgia Annotated, relating
to the Board and Department of Corrections, so as to authorize the commissioner
to issue warrants for the arrest of inmates; 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 prohibit the possession of certain depictions or
photographs of victims by certain persons confined in penal institutions; to
provide for exceptions; to amend Article 6 of Chapter 5 of Title 42 of the
Official Code of Georgia Annotated, relating to voluntary inmate labor programs,
so as to clarify that the Georgia Correctional Industries Administration has
authority to administer and manage certain inmate work programs and to publicize
and invite employers to participate in such inmate work programs; to prohibit
employers that participate in inmate work programs from providing any thing of
value to the Board of Corrections, the Department of Corrections, the Georgia
Correctional Industries Administration, or any officer or employee thereof other
than the payments authorized by law; to prohibit the Board of Corrections, the
Department of Corrections, the Georgia Correctional Industries Administration,
and any officer or employee thereof from accepting any thing of value other than
the payments authorized by law from employers that participate in inmate work
programs; to provide a definition; to provide a penalty; to amend Code Section
42-10-4 of the Official Code of Georgia Annotated, relating to the powers of the
Georgia Correctional Industries Administration, so as to clarify that the
administration has authority to administer, manage, and publicize certain inmate
work programs; to provide for related matters; to provide an effective date; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
2 of Title 42 of the Official Code of Georgia Annotated, relating to the Board
and Department of Corrections, is amended by revising Code Section 42-2-8,
relating to additional duties of the commissioner, as follows:
"42-2-8.
(a)
The commissioner shall direct and supervise all the administrative activities of
the board and shall attend all meetings of the board. The commissioner shall
also make, publish, and furnish to the General Assembly and to the Governor
annual reports regarding the work of the board, along with such special reports
as he or she may consider helpful in the administration of the penal system or
as may be directed by the board. The commissioner shall perform such other
duties and functions as are necessary or desirable to carry out the intent of
this chapter and which he or she may be directed to perform by the
board.
(b)
The commissioner or the commissioner´s designee shall be authorized to make
and execute contracts and all other instruments necessary or convenient for the
acquisition of professional and personal employment services and for the leasing
of real property. Subject to legislative appropriations, the commissioner shall
also be authorized to make and execute any contract for the land acquisition,
design, construction, operation, maintenance, use, lease, or management of a
state correctional institution or for any services pertaining to the custody,
care, and control of inmates or other functions as are related to the discharge
of these responsibilities and to designate any person or organization with whom
the commissioner contracts as a law enforcement unit under paragraph (7) of Code
Section 35-8-2.
(c)
The commissioner shall be authorized to issue a warrant for the arrest of an
offender who has escaped from the custody of the department upon probable cause
to believe the offender has violated Code Section 16-10-52, relating to escape
from lawful
confinement."
SECTION
2.
Article
3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating
to conditions of detention generally, is amended by adding a new Code section as
follows:
"42-5-65.
(a)
For purposes of this Code section, the term 'inmate' means any person confined
in a penal institution or confined in another facility under the jurisdiction of
or subject to the authority of the board or while under the custody of
officials, officers, or employees under the authority of the board.
(b)
An inmate who is serving a sentence for a violation of Chapter 5 of Title 16
relating to crimes against the person shall be prohibited from possessing or
carrying about his or her person or maintaining in any prison cell or similar
area under his or her control any photograph, picture, or similar depiction of
any victim of the offense for which he or she is serving where such photograph,
picture, or depiction was a part of the criminal investigation, prosecution, or
evidence leading to the inmate´s conviction.
(c)
An inmate who is serving a sentence for a violation of Chapter 6 of Title 16
relating to sexual offenses shall be prohibited from possessing or carrying
about his or her person or maintaining in any prison cell or similar area under
his or her control any photograph, picture, or similar depiction of any victim
of the offense for which he or she is serving.
(d)
A person acting in violation of this Code section shall be guilty of a
misdemeanor.
(e)
This Code section shall not apply where the photograph or picture is needed for
use in any civil or criminal proceeding provided that the inmate receives
permission by a court having jurisdiction over the proceeding and only for so
long as and in such manner as directed by court order.
(f)
Nothing in this Code section shall limit further restrictions or limitations on
the possession of contraband or victim photographs by persons confined or under
the custody of the board as deemed appropriate by the board."
SECTION
3.
Article
6 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating
to voluntary inmate labor programs, is amended by revising subsection (a) of
Code Section 42-5-120, relating to rules and regulations of the Board of
Corrections, as follows:
"(a)
The board is authorized to issue and promulgate rules and regulations for
programs of voluntary labor by inmates for privately owned profit-making
employers to produce goods, services, or goods and services for sale to public
and private purchasers. Such rules and regulations shall be designed to meet the
published requirements of the Prison Industry Enhancement Certification Program
authorized by 18 U.S.C. Section 1761 and federal regulations and to provide
other appropriate conditions and limitations. Such rules and regulations may
provide for administration and management of such work programs by the
department and
the Georgia Correctional Industries
Administration."
SECTION
4.
Said
article is further amended by revising Code Section 42-5-123, relating to
compensation by employers for administrative and other costs to the state, as
follows:
"42-5-123.
(a)
The board shall ensure by rules or by contractual provisions that the privately
owned profit-making employers compensate the department and the Georgia
Correctional Industries Administration for any administrative costs or other
costs incurred by the department or the administration for the operation of the
program or programs. The board shall ensure by rules or by contractual
provisions that the department and the administration are compensated for use of
any employees of the department or the administration, use of any space owned by
or under the control of the department or the administration, or use of any
other resources of the department or the administration in the operation of the
program or programs.
(b)
Employers that participate in inmate work programs under this article shall be
prohibited from providing any thing of value to the Board of Corrections, the
Department of Corrections, the Georgia Correctional Industries Administration,
or any officer or employee thereof other than the payments authorized by this
Code section. The Board of Corrections, the Department of Corrections, the
Georgia Correctional Industries Administration, and any officer or employee
thereof shall be prohibited from accepting any thing of value, other than the
payments authorized by this Code section, from employers that participate in
inmate work programs under this article. As used in this Code section, the term
'thing of value' shall have the same meaning as that term is defined in Code
Section 16-10-2."
SECTION
5.
Said
article is further amended by revising Code Section 42-5-124, relating to
publicizing and inviting participation in voluntary inmate labor programs, as
follows:
"42-5-124.
Following
the issuance and promulgation of rules and regulations, the department
is
and the
Georgia Correctional Industries Administration
are authorized to publicize the program
and invite employers to participate. The department shall rely upon the Georgia
Department of Labor for determining whether inmates would be displacing other
workers, whether labor shortages exist, and the prevailing local wage for work
to be done by inmates. The Georgia Department of Labor is authorized to provide
such determinations to the department."
SECTION
6.
Code
Section 42-10-4 of the Official Code of Georgia Annotated, relating to the
powers of the Georgia Correctional Industries Administration, is amended by
replacing "; and" with ";" at the end of paragraph (11), by replacing "." with
"; and" at the end of paragraph (12), and by adding a new paragraph as
follows:
"(13)
As provided for in Article 6 of Chapter 5 of Title 42 and as directed by the
rules and regulations promulgated by the board, to administer and manage
volunteer inmate work programs and to publicize and invite employers to
participate in such programs."
SECTION
7.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
8.
All
laws and parts of laws in conflict with this Act are repealed.