07 LC
35 0548
House
Bill 779
By:
Representative Barnard of the
166th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 6 of Chapter 8 of Title 42 of the Official Code of Georgia
Annotated, relating to agreements for probation services, so as to establish a
minimum supervision fee which shall be charged under agreements for private
probation supervision services; to authorize the supervision of certain felony
offenders pursuant to such agreements for private probation supervision
services; to authorize certain probation officers to supervise certain
nonviolent felony offenders; to provide for related matters; to provide for an
effective date and applicability; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
6 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating
to agreements for probation services, is amended by revising Code Section
42-8-100, relating to agreements between chief judges of county courts or judges
of municipal courts and corporations, enterprises, or agencies for probation
services, as follows:
"42-8-100.
(a)
As used in this article, the term:
(1)
'Council' means the County and Municipal Probation Advisory Council created
under Code Section 42-8-101.
(2)
'Private probation officer' means a probation officer employed by a private
corporation, private enterprise, private agency, or other private entity that
provides probation services.
(3)
'Probation officer' means a person employed to supervise defendants placed on
probation by a county or municipal court for committing an ordinance
violation,
or
misdemeanor,
or nonviolent felony as designated in this Code
section.
(b)
Any county or municipal court which has original jurisdiction of ordinance
violations,
or
misdemeanors,
or nonviolent felonies as designated in this Code
section and in which the defendant in such
a case has been found guilty upon verdict or any plea may, at a time to be
determined by the court, hear and determine the question of the probation of
such defendant.
(c)
If it appears to the court upon a hearing of the matter that the defendant is
not likely to engage in an unlawful course of conduct and that the ends of
justice and the welfare of society do not require that the defendant shall
presently suffer the penalty imposed by law, the court in its discretion shall
impose sentence upon the defendant but may stay and suspend the execution of the
sentence or any portion thereof or may place him or her on probation under the
supervision and control of a probation officer for the duration of such
probation, subject to the provisions of this Code section. The period of
probation or suspension shall not exceed the maximum sentence of confinement
which could be imposed on the defendant.
(d)
The court may, in its discretion, require the payment of a fine or costs, or
both, as a condition precedent to probation.
(e)
The sentencing judge shall not lose jurisdiction over any person placed on
probation during the term of his or her probated sentence. The judge is
empowered to revoke any or all of the probated sentence, rescind any or all of
the sentence, or, in any manner deemed advisable by the judge, modify or change
the probated sentence at any time during the period of time originally
prescribed for the probated sentence to run.
(f)
If a defendant is placed on probation pursuant to this Code section by a county
or municipal court other than one for the county or municipality in which he or
she resides
for
committing any ordinance violation or
misdemeanor, such defendant may, when
specifically ordered by the court, have his or her probation supervision
transferred to the county or municipality in which he or she
resides.
(g)(1)
The chief judge of any court within the county, with the approval of the
governing authority of that county, is authorized to enter into written
contracts with corporations, enterprises, or agencies to provide probation
supervision, counseling, collection services for all moneys to be paid by a
defendant according to the terms of the sentence imposed on the defendant as
well as any moneys which by operation of law are to be paid by the defendant in
consequence of the conviction, and other probation services for persons
convicted in that court and placed on probation in the county.
In no case
shall a private probation corporation or enterprise be charged with the
responsibility for supervising a felony
sentence. The final contract negotiated by
the chief judge with the private probation entity shall be attached to the
approval by the governing authority of the county to privatize probation
services as an exhibit thereto. The termination of a contract for probation
services as provided for in this subsection entered into on or after July 1,
2001, shall be initiated by the chief judge of the court which entered into the
contract, and subject to approval by the governing authority of the county which
entered into the contract and in accordance with the agreed
upon,
written provisions of such contract. The termination of a contract for
probation services as provided for in this subsection in existence on July 1,
2001, and which contains no provisions relating to termination of such contract
shall be initiated by the chief judge of the court which entered into the
contract, and subject to approval by the governing authority of the county which
entered into the contract and in accordance with the agreed
upon,
written provisions of such contract.
In addition to
any other fine, fee, or amount required by law or court order, the minimum
supervision fee which shall be imposed as a condition of probation under any
such contract shall be $50.00 per each month under supervision.
(2)
The chief judge of any court within the county, with the approval of the
governing authority of that county, is authorized to establish a county
probation system to provide probation supervision, counseling, collection
services for all moneys to be paid by a defendant according to the terms of the
sentence imposed on the defendant as well as any moneys which by operation of
law are to be paid by the defendant in consequence of the conviction, and other
probation services for persons convicted in that court and placed on probation
in the county.
(h)(1)
The judge of the municipal court of any municipality or consolidated government
of a municipality and county of this state, with the approval of the governing
authority of that municipality or consolidated government, is authorized to
enter into written contracts with private corporations, enterprises, or agencies
to provide probation supervision, counseling, collection services for all moneys
to be paid by a defendant according to the terms of the sentence imposed and any
moneys which by operation of law are to be paid by the defendant in consequence
of the conviction, and other probation services for persons convicted in such
court and placed on probation. The final contract negotiated by the judge with
the private probation entity shall be attached to the approval by the governing
authority of the municipality or consolidated government to privatize probation
services as an exhibit thereto.
In addition to
any other fine, fee, or amount required by law or court order, the minimum
supervision fee which shall be imposed as a condition of probation under any
such contract shall be $50.00 per each month under supervision.
(2)
The judge of the municipal court of any municipality or consolidated government
of a municipality and county of this state, with the approval of the governing
authority of that municipality or consolidated government, is authorized to
establish a probation system to provide probation supervision, counseling,
collection services for all moneys to be paid by a defendant according to the
terms of the sentence imposed and any moneys which by operation of law are to be
paid by the defendant in consequence of the conviction, and other probation
services for persons convicted in such court and placed on
probation.
(i)
Probation supervision directed pursuant to this Code section for felony offenses
shall be authorized only for a violation of the following nonviolent felony
offenses:
(1)
Code Section 3-3-23, relating to furnishing alcoholic beverages to
minors;
(2)
Code Section 3-3-27, relating to illegal possession or manufacture of alcoholic
beverages;
(3)
Code Section 16-2-20, relating to acting as a party or accessory to a
crime;
(4)
Code Section 16-6-20, relating to bigamy;
(5)
Code Section 16-6-21, relating to marrying a bigamist;
(6)
Code Section 16-7-21, relating to criminal trespass;
(7)
Code Section 16-7-22, relating to criminal damage to property;
(8)
Code Section 16-7-24, relating to criminal interference with government
property;
(9)
Code Section 16-7-26, relating to vandalism to a place of worship;
(10)
Code Section 16-8-2, relating to theft by taking;
(11)
Code Section 16-8-3, relating to theft by deception;
(12)
Code Section 16-8-4, relating to theft by conversion;
(13)
Code Section 16-8-5, relating to theft of services;
(14)
Code Section 16-8-6, relating to theft of lost property;
(15)
Code Section 16-8-7, relating to theft by receiving stolen
property;
(16)
Code Section 16-8-8, relating to theft by receiving property stolen in other
state;
(17)
Code Section 16-8-9, relating to theft by transporting stolen property into this
state;
(18)
Code Section 16-8-13, relating to theft of trade secrets;
(19)
Code Section 16-8-14, relating to theft by shoplifting;
(20)
Code Section 16-8-15, relating to theft by conversion of payments made for real
property improvements;
(21)
Code Section 16-8-16, relating to theft by extortion;
(22)
Code Section 16-8-18, relating to entering a motor vehicle with intent to commit
theft;
(23)
Code Section 16-8-20, relating to theft of livestock;
(24)
Code Section 16-8-60, relating to unauthorized distribution of recorded devices
or media;
(25)
Code Section 16-8-83, relating to using a facility to salvage parts from a
stolen motor vehicle;
(26)
Code Section 16-9-1, relating to forgery;
(27)
Code Section 16-9-2, relating to forgery in the second degree;
(28)
Code Section 16-9-4, relating to altering an identification
document;
(29)
Code Section 16-9-20, relating to deposit account fraud;
(30)
Code Section 16-9-31, relating to financial transaction card
theft;
(31)
Code Section 16-9-32, relating to forgery of a financial transaction
card;
(32)
Code Section 16-9-33, relating to financial transaction card fraud;
(33)
Code Section 16-9-35, relating to receiving goods and services fraudulently
obtained;
(34)
Code Section 16-9-37, relating to illegal use of a financial transaction
card;
(35)
Code Section 16-9-39, relating to telecommunications fraud;
(36)
Code Section 16-9-53, relating to damaging, destroying, or secreting property to
defraud another;
(37)
Code Section 16-9-58, relating to failure to pay for natural
products;
(38)
Code Section 16-9-93, relating to computer crimes;
(39)
Code Section 16-9-121, relating to identity fraud;
(40)
Code Section 16-10-1, relating to abuse of office;
(41)
Code Section 16-10-2, relating to bribery of a public official;
(42)
Code Section 16-10-4, relating to improper influence of legislative
action;
(43)
Code Section 16-10-5, relating to improper influence of a government
official;
(44)
Code Section 16-10-6, relating to government officials improperly selling to
government officials;
(45)
Code Section 16-10-8, relating to false certifications;
(46)
Code Section 16-10-20, relating to stealing, falsifying or altering public
documents;
(47)
Code Section 16-10-21, relating to conspiracy to defraud the
state;
(48)
Code Section 16-10-22, relating to conspiracy to restrain free
competition;
(49)
Code Section 16-10-23, relating to impersonating a public officer or
employee;
(50)
Code Section 16-10-28, relating to transmitting a false public
alarm;
(51)
Code Section 16-10-70, relating to perjury;
(52)
Code Section 16-10-71, relating to false swearing;
(53)
Code Section 16-10-72, relating to subornation of perjury or false
swearing;
(54)
Code Section 16-10-73, relating to impersonating another in a legal
proceeding;
(55)
Code Section 16-10-90, relating to compounding a crime;
(56)
Code Section 16-10-91, relating to embracery;
(57)
Code Section 16-10-92, relating to acceptance by a witness of a
bribe;
(58)
Code Section 16-10-93, relating to influencing witnesses;
(59)
Code Section 16-10-94, relating to tampering with evidence;
(60)
Code Section 16-10-96, relating to impersonating a witness;
(61)
Code Section 16-11-14, relating to false swearing;
(62)
Code Section 16-11-62, relating to eavesdropping;
(63)
Code Section 16-11-63, relating to possession, sale, and distribution of an
eavesdropping device;
(64)
Code Section 16-11-108, relating to the misuse of a firearm or archery tackle
while hunting;
(65)
Code Section 16-11-129, relating to the alteration of a pistol or revolver
license;
(66)
Code Section 16-12-1, relating to contributing to the delinquency, deprivation,
or unruliness of a minor;
(67)
Code Section 16-12-22, relating to commercial gambling;
(68)
Code Section 16-12-28, relating to communicating gambling
information;
(69)
Code Section 16-12-33, relating to bribery of a contestant;
(70)
Code Section 16-12-34, relating to soliciting or accepting a bribe;
(71)
Code Section 16-12-37, relating to dogfighting;
(72)
Code Section 16-12-62, relating to bingo;
(73)
Code Section 16-12-124, relating to the removal of baggage and cargo from a
public transit vehicle or from a public terminal;
(74)
Code Section 16-13-30, relating to purchase, possession, manufacture,
distribution, or sale of controlled substances or marijuana; provided, however,
that only convictions for possession shall be included;
(75)
Code Section 16-13-30.3, relating to possession of substances containing
ephedrine, pseudoephedrine, and phenylpropanolamine;
(76)
Code Section 16-13-32, relating to possession of drug related
material;
(77)
Code Section 16-13-32.3, relating to using communication facility to violate the
Georgia Controlled Substances Act;
(78)
Code Section 16-13-33, relating to an attempt or conspiracy to commit a
controlled substance offense;
(79)
Code Section 16-13-76, relating to an illegal attempt to obtain dangerous
drugs;
(80)
Code Section 16-13-78.2, relating to transaction of counterfeit
substance;
(81)
Code Section 16-13-79, relating to violation of the Dangerous Drug
Act;
(82)
Code Section 16-15-4, relating to participation in a gang;
(83)
Code Section 19-3-3, relating to intermarriage to a close relative;
(84)
Code Section 19-8-24, relating to an unlawful advertisement to adopt a
child;
(85)
Code Section 27-1-1, et seq., relating to violations of the game and fish
laws;
(86)
Code Section 40-3-90, relating to altering a car title;
(87)
Code Section 40-5-58, relating to driving after being declared a habitual
violator;
(88)
Code Section 40-6-1, relating to violations of the motor vehicle
code;
(89)
Code Section 40-6-394, relating to injury by vehicle;
(90)
Code Section 40-6-395, relating to fleeing or eluding a police
officer;
(91)
Code Section 48-11-8, relating to sale and possession of cigarettes without a
tax stamp;
(92)
Code Section 48-11-28, relating to tampering with a metering machine and
counterfeit stamps; or
(93)
Code Section 50-27-1, et seq., relating to lottery
violations."
SECTION
2.
This
Act shall become effective on July 1, 2007, and shall apply only to those
offenses committed on or after that date.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.