07
SB139/AP
Senate
Bill 139
By:
Senators Wiles of the 37th and Smith of the 52nd
AS
PASSED
AN
ACT
To amend Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to legal defense for indigents, so as to transfer the Georgia Public Defender Standards Council from the judicial branch of government to the executive branch; 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
12 of Title 17 of the Official Code of Georgia Annotated, relating to legal
defense for indigents, is amended by revising Code Section 17-12-1, relating to
the Georgia Public Defender Standards Council, as follows:
"17-12-1.
(a)
This chapter shall be known and may be cited as the 'Georgia Indigent Defense
Act of 2003.'
(b)
The Georgia Public Defender Standards Council shall be an independent agency
within the executive branch of state government.
(c)
The council shall be responsible for assuring that adequate and effective legal
representation is provided, independently of political considerations or private
interests, to indigent persons who are entitled to representation under this
chapter."
SECTION
2.
Said
chapter is further amended by revising subsection (e) of Code Section
17-12-10.1, relating to the general oversight committee, as
follows:
"(e)
The council shall submit its budget estimate to the director of the Office of
Planning and Budget in accordance with subsection (a) of Code Section 45-12-78.
"
SECTION
3.
Said
chapter is further amended by revising subsection (a) of Code Section 17-12-26,
relating to the budget of the council, as follows:
"(a)
The council shall prepare and submit to the Office of Planning and Budget an
annual proposed budget necessary for fulfilling the purposes of this article in
accordance with Code Section 45-12-78. The budget request shall be based on the
previous year´s expenditures and budget requests submitted by each circuit
public defender, the Office of the Georgia Capital Defender, and the office of
the mental health advocate. The council´s total budget request for funding
for the operations of the circuit public defender offices and the council´s
programs shall not exceed the amount of funds collected for indigent defense
pursuant to Code Sections 15-21-73 and 15-21A-6; provided, however, that the
General Assembly shall not be obligated to appropriate such amount for indigent
defense. The council is also authorized to seek, solicit, apply for, and
utilize funds from any public or private source to use in fulfilling the
purposes of this article."
SECTION
4.
Said
chapter is further amended by revising Code Section 17-12-30, relating to
classification of personnel, responsibilities, compensation, and local
supplements, as follows:
"17-12-30.
(a)
All state paid personnel employed by the circuit public defenders pursuant to
this article shall be employees of the executive branch of state government and
shall be in the unclassified service of the State Merit System of Personnel
Administration.
(b)
Personnel employed by the circuit public defenders pursuant to this article
shall have the authority, duties, powers, and responsibilities as are authorized
by law or as assigned by the circuit public defender and shall serve at the
pleasure of the circuit public defender.
(c)(1)
The council shall establish salary ranges for each state paid position
authorized by this article or any other provision of law. Salary ranges shall be
similar to the state-wide and senior executive ranges adopted by the State Merit
System of Personnel Administration and shall provide for minimum, midpoint, and
maximum salaries not to exceed the maximum allowable salary. In establishing
the salary ranges, all amounts will be rounded off to the nearest whole dollar.
The council may, from time to time, revise the salary ranges to include
across-the-board increases which the General Assembly may from time to time
authorize in the General Appropriations Act.
(2)
The circuit public defender shall fix the compensation of each state paid
employee appointed pursuant to this article in accordance with the job to which
the person is appointed and the appropriate salary range.
(3)
All salary advancements shall be based on quality of work, training, and
performance. The salary of state paid personnel appointed pursuant to this
article may be increased at the first of the calendar month following the annual
anniversary of the person´s appointment. No employee´s salary shall
be advanced beyond the maximum established in the applicable pay
range.
(4)
Any reduction in salary shall be made in accordance with the salary range for
the position and the policies, rules, or regulations adopted by the
council.
(5)
The compensation of state paid personnel appointed pursuant to this article
shall be paid in equal installments by the council as provided by this
subsection from funds appropriated for such purpose. The council may authorize
employees compensated pursuant to this Code section to participate in voluntary
salary deductions as provided by Article 3 of Chapter 7 of Title
45.
(6)
The governing authority of the county or counties comprising a judicial circuit
may supplement the salary or fringe benefits of any state paid position
appointed pursuant to this article.
(7)
The governing authority of any municipality within the judicial circuit may,
with the approval of the circuit public defender, supplement the salary or
fringe benefits of any state paid position appointed pursuant to this
article."
SECTION
5.
This
Act shall become effective on July 1, 2007.
SECTION
6.
All
laws and parts of laws in conflict with this Act are repealed.