House Bill 1EX (AS PASSED HOUSE
AND SENATE)
By: Representatives Coleman of the
118th, Porter of the 119th, Jenkins of the
93rd, Mangham of the 62nd, O`Neal of the 117th,
and others
A BILL TO BE
ENTITLED
AN ACT
To amend Title 15, Title 17, Title 35, and Title 42 of the
Official Code of Georgia Annotated, relating respectively to courts, criminal
procedure, law enforcement officers and agencies, and penal institutions, so as
to change provisions relating to funding for various programs including local
victim assistance programs and indigent defense; to provide for the collection
and remittance of fees and funds; to change the membership of the Georgia
Superior Court
Clerks´
Cooperative Authority; to change provisions relating to priorities of
distributions of fines, forfeitures, surcharges, additional fees, and costs in
cases of partial payments into superior courts; to provide that the Criminal
Justice Coordinating Council shall certify victim assistance programs; to
require that victim assistance funds be paid only to certified programs; to
provide for certain reports; to provide for certain disbursements; to provide
for certain reserve funds; to provide that the Georgia Superior Court
Clerks´
Cooperative Authority shall act as the collecting and remitting agent for the
centralized collection and remittance of certain court costs and fees and
certain additional penalties and bonds in criminal cases; to prescribe certain
new additional court costs and fees and penalties and bond surcharges in
criminal cases and provide for the disposition thereof; to provide for
application fees for persons applying for indigent defense services and provide
for the disposition thereof; to provide for intent with respect to availability
of certain funds for appropriation for indigent defense purposes; to state
legislative findings; to define terms; to provide for court clerks and other
officials to remit funds to the authority and provide measures for
accountability therefor; to authorize the authority to prescribe forms and
procedures for reporting in connection with collections by the authority; to
provide for remittances by the authority and certain reporting with respect
thereto; to change provisions relating to the qualifications of members of the
Georgia Public Defender Standards Council; to change provisions relating to the
Georgia Public Defender Standards
Council´s
standards; to create a General Oversight Committee for the Georgia Public
Defender Standards Council and provide for members, duties, annual reporting,
allowances, and performance audits; to provide for immunity for certain persons
for certain matters; to provide for changes relating to the council assuming the
responsibilities of the former Georgia Indigent Defense Council, funding, and
personnel; to provide for matters for certain counties that were operating under
"The Georgia Criminal Justice Act"; to provide for requirements as to actions by
superior courts where there are more than two judges in a county or circuit; to
provide for arrangements for indigents in criminal proceedings; to provide for
compensation of assigned counsel generally; to provide for compensation of
nonprofit legal aid agencies; to provide for the office of public defender and
the appointment, term, and qualifications thereof; to provide for matters
related to competence of attorneys assigned as counsel to defend indigent
persons; to provide for assignment and duties of substitute attorneys; to
provide for standards for determination of indigency; to provide for recovery of
payment or reimbursement from defendants receiving legal assistance or benefits;
to provide for maintenance of records and reports by public defenders and legal
aid agencies; to provide for financing of costs of indigent defense programs by
counties and private contributions; to provide for applicability; to provide for
a specific repealer; to change provisions relating to the qualifications of
members of the public defender selection panel; to change provisions relating to
the salary of the circuit public defender; to change provisions relating to the
Georgia Public Defender Standards
Council´s
budget and support from the Administrative Office of the Courts; to change
provisions relating to appointment of assistant public defenders and their
salary; to change provisions relating to appointment of an investigator; to
change provisions relating to employment of supplemental personnel and
compensation; to change provisions relating to classification of personnel; to
change certain provisions regarding requirements of such alternate delivery
systems; to create the State Victim Services Commission; to provide for its
composition, membership, filling of vacancies, powers, duties, and
responsibilities; to provide for meetings; to provide for the obtaining of
certain information; to provide for certain reviews and investigations; to
provide for the commission to make certain recommendations; to make numerous
conforming amendments; to provide for related matters; to provide for effective
dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Title 15 of the Official Code of Georgia Annotated, relating
to courts, is amended by striking subsection (a) of Code Section 15-6-77.4,
relating to additional filing fees in divorce cases, and inserting in its place
a new subsection to read as
follows:
"(a)
In addition to any fees required in Code Sections 15-6-77, 15-6-77.2, 15-6-77.3,
and 47-14-51, for filing each divorce case, the clerk of superior court shall
charge an additional fee of $5.00. Each clerk of the superior court shall
collect the additional fees for divorce cases as provided in this Code section
and shall pay such moneys over to the commissioner of revenue
Georgia Superior Court
Clerks´
Cooperative Authority by the last day of the month there following, to be
deposited by him the authority into the general
treasury. The commissioner of revenue authority shall,
on a quarterly basis, make a report and accounting of all funds collected
pursuant to this Code section and shall submit such report and accounting to the
Office of Planning and Budget, and the Legislative
Budget Office, and the Senate Budget Office no later than
30 60 days after the last day of the preceding
quarter."
SECTION 2.
Said Title 15 is further amended by striking paragraph (1)
of subsection (b) of Code Section 15-6-94, relating to the Georgia Superior
Court
Clerks´
Cooperative Authority, and inserting in its place a new paragraph to read as
follows:
"(b)(1)
The authority shall consist of seven ten members as
follows:
(A) The two members who are not
required to be superior clerks appointed by the executive board of The
Council of Superior Court Clerks of Georgia to serve for a term of one
year each and until their respective successors are appointed as
provided by prior law shall continue to serve out the terms for which they were
appointed. Upon the expiration of the terms of these members one such position
shall cease to exist and the successors to the other such position shall be
appointed by the executive board of The Council of Superior Court Clerks of
Georgia;
(B) The two members appointed by
the executive board of The Council of Superior Court Clerks of
Georgia, who are and shall currently be
superior court clerks, to serve for a term of two years each and until
their respective successors are appointed as provided by prior law
shall continue to serve and their successors shall likewise be superior court
clerks appointed by the executive board of The Council of Superior Court Clerks
of Georgia;
(C) The one member appointed by
the Governor, who is and shall
currently be a county commissioner, to serve for a term
of three years and until such
member´s
respective successor is appointed as provided by prior law shall
continue to serve and his or her successors shall likewise be county
commissioners appointed by the Governor;
(D)
The and two members appointed by the Governor to
serve for a term of three years each and until their respective successors are
appointed who are not required to be county commissioners appointed
as provided by prior law shall serve out the terms for which they were
appointed; and upon the expiration of such terms and thereafter a successor to
one such member shall be a superior court clerk appointed by the Governor and a
successor to the other such member shall be appointed by the
Governor;
(E) One member who shall be a
superior court clerk appointed by the Senate Committee on Assignments or such
person or entity as established by Senate
rule;
(F) One member who shall be a superior
court clerk appointed by the Speaker of the House of
Representatives;
(G) One member who shall be a
superior court judge appointed by the Chief Justice of the Supreme Court of
Georgia; and
(H) One member appointed by the
Governor.
All members After the
initial appointments, all members thereafter shall serve for terms of
three years each and until their successors are appointed and qualified.
All acts performed by the authority prior to April 1, 1994, shall have the same
force and effect as if this paragraph had been in effect since the creation of
the authority."
SECTION 3.
Said Title 15 is further amended by striking Code Section
15-6-95, relating to priorities of distribution of fines, forfeitures,
surcharges, additional fees, and costs in cases of partial payments into
superior court, and inserting in lieu thereof the
following:
"15-6-95.
Notwithstanding
any law to the contrary, a clerk of any superior court of this state who
receives partial payments, as ordered by the court, of criminal fines,
forfeitures, or costs shall distribute said sums in the order of priority set
forth below:
(1) The amount provided for in Chapter 17
of Title 47 for the Peace
Officers´
Annuity and Benefit Fund;
(2) The amount provided for
in Chapter 14 of Title 47 for the Superior Court
Clerks´
Retirement Fund of Georgia;
(3) The amount provided
for in Chapter 16 of Title 47 for the
Sheriffs´
Retirement Fund of
Georgia;
(5)(4) The
surcharge provided for in Chapter 21 of this title for the Peace Officer
and Prosecutor Training Fund amounts provided under subparagraphs
(a)(1)(A) and (a)(2)(A) of Code Section
15-21-73;
(5) The amounts provided for under
subparagraphs (a)(1)(B) and (a)(2)(B) of Code Section
15-21-73;
(4)(6) The
amount as may be provided in Chapter 15 of Title 36 for county law
libraries;
(6)(7) The
surcharge provided for in Chapter 21 of this title for jail construction and
staffing;
(7)(8) The surcharge
provided for in cases of driving under the influence for purposes of state
crime victim compensation under Code Section 15-21-112 for
compensation of victims of violations of Code Section
40-6-391;
(8)(9) The
balance of the fine shall be paid to the
county;
(9)(10) After the
final partial or installment payment, the surcharge provided for in Code
Sections 15-21-100 and 15-21-101 for the Drug Abuse Treatment and Education
Fund."
SECTION 4.
Said Title 15 is further amended by striking Code Section
15-9-60.1, relating to additional marriage license fees, and inserting in its
place a new Code section to read as
follows:
"15-9-60.1.
(a)
In addition to any fees required in Code Section 15-9-60 for receiving marriage
applications, issuing marriage licenses, and recording relative thereto, the
judge of the probate court shall charge an additional fee of $15.00 for issuing
a marriage license. No amount of this additional fee shall be paid into the
Judges of the Probate Courts Retirement Fund of Georgia provided for in Chapter
11 of Title 47 nor or be used for the purpose of
calculating retirement benefits for judges of the probate courts. Each judge of
the probate court shall collect the additional fees for issuing marriage
licenses as provided in this Code section and shall pay such moneys over to the
commissioner of revenue Georgia Superior Court
Clerks´
Cooperative Authority by the last day of the month there following, to be
deposited by him the authority into the general
treasury. The commissioner of revenue authority shall,
on a quarterly basis, make a report and accounting of all funds collected
pursuant to this Code section and shall submit such report and accounting to the
Office of Planning and Budget, and the Legislative
Budget Office, and the Senate Budget Office no later than
30 60 days after the last day of the preceding
quarter.
(b) When any such person whose duty
it is to collect and pay over such moneys fails to remit the sums within 60 days
of the date they are required to be paid over, the same shall be delinquent and
there may be imposed, in addition to the principal amount due, a specific
penalty in the amount of 5 percent of said principal amount per month for each
month during which the money is continued to be delinquent, not to exceed a
total of 25 percent of the principal
amount."
SECTION 5.
Said Title 15 is further amended by striking Article 4 of
Chapter 21, the "Peace Officer and Prosecutor Training Fund Act of 1983," and
inserting in its place a new article to read as follows:
"ARTICLE
4
15-21-70.
This article shall be
known as and may be cited as the 'Peace Officer, and
Prosecutor, and Indigent Defense Funding Training Fund
Act of
1983.'
15-21-71.
This
article is enacted in part pursuant to the authority of Article
III, Section IX, Paragraph VI, subparagraph (d) of the Constitution of Georgia,
which provision authorizes additional penalty assessments in criminal and
traffic cases and provides that the proceeds derived therefrom may be used for
the purpose of providing training to law enforcement officers and prosecuting
officials.
15-21-72.
It is
the intent of this article to provide funding for the training of law
enforcement and prosecutorial officers and to make funds available for
funding state indigent defense
programs.
15-21-73.
(a)(1)
In every case in which any state court, probate court, juvenile court,
police,
recorder´s,
or
mayor´s
court, municipal court, magistrate court, or superior court in this state
shall impose a fine, which shall be construed to include costs, for any
criminal or quasi-criminal offense against a criminal or traffic law,
including civil traffic violations and violations of local criminal
ordinances, of this state or political subdivision thereof, there shall be
imposed as an additional penalty a sum equal to
the:
(A) The lesser of
$50.00 or 10 percent of the original fine;
plus
(B) An additional 10 percent of the
original fine.
(2) At the time of posting bail or
bond in any case involving a violation of a criminal or traffic law of this
state or political subdivision thereof, an additional sum equal to
the:
(A) The lesser of
$50.00 or 10 percent of the original amount of bail or bond;
plus
(B) The lesser of an additional $50.00 or
10 percent of the original amount of bail or
bond
shall be posted. In every case in which any
state court, probate court, municipal court, magistrate court,
recorder´s
court,
mayor´s
court, or superior court shall order the forfeiture of bail or bond, the
additional sum equal to the lesser of $50.00 or 10 percent of the
original bail or bond amounts provided for in this paragraph
shall be paid over as provided in Code Section
15-21-74.
(b) Such sums shall be in addition to that
amount required by Code Section 47-17-60 to be paid into the Peace
Officers´
Annuity and Benefit Fund or Code Section 47-11-51 concerning the Judges of the
Probate Courts Retirement Fund of Georgia and any other amounts provided for
by law.
15-21-74.
The
sums provided for in Code Section 15-21-73 shall be assessed and collected by
the court officer charged with the duty of collecting moneys arising from fines
and forfeited bonds and shall be paid over to the commissioner of
revenue Georgia Superior Court
Clerks´
Cooperative Authority by the last day of the month there following, to be
deposited by him the authority into the general
treasury. The commissioner of revenue authority shall,
on a quarterly basis, make a report and accounting of all funds collected
pursuant to this article and shall submit such report and accounting to the
Office of Planning and Budget, and the Legislative
Budget Office, and the Senate Budget Office no later than
30 60 days after the last day of the preceding
quarter.
15-21-75.
When
any such person, agency, or unit of government whose duty it is to collect and
pay over such moneys fails to remit the sums within 60 days of the date they are
required to be paid over, the same shall be delinquent and there may be imposed,
in addition to the principal amount due, a specific penalty in the amount of 5
percent of said principal amount per month for each month during which the money
is continued to be delinquent, not to exceed a total of 25 percent of the
principal amount.
Reserved.
15-21-76.
Any
person whose duty it is to collect and remit the sum provided for in this
article who fails or refuses to so remit shall be guilty of a
misdemeanor.
Reserved.
15-21-77.
(a)
An amount equal to all funds remitted as provided in Code Section
15-21-74 the net proceeds derived under subparagraphs (a)(1)(A) and
(a)(2)(A) of Code Section 15-21-73 in the immediately preceding year shall
be appropriated to fund law enforcement or prosecutorial
officers´
training, or both, and activities incident thereto, including, but not limited
to, payment or repayment to the state treasury for capital outlay, general
obligation bond debt service, administrative expenses, and any other expense or
fund application which the General Assembly may deem appropriate. This
Code section subsection shall not preclude the
appropriation of a greater amount for this
purpose.
(b) It is the intent of the General
Assembly that all funds derived under subparagraphs (a)(1)(B) and (a)(2)(B) of
Code Section 15-21-73 shall be made available through the general appropriations
process and may be appropriated for purposes of funding indigent
defense.
(c) Where the Georgia Public Defender
Standards Council has approved an alternative delivery system as set forth in
Code Section 17-12-36, the council shall pay from funds available to the council
an amount of funds equal to the amount that would have been allocated to the
circuit for the minimum salary of the circuit public defender, the assistant
circuit public defenders, the investigator, and the administrative staff,
exclusive of benefits, if the circuit was not operating an alternative delivery
system."
SECTION 6.
Said Title 15 is further amended by striking Code Sections
15-21-113 and 15-21-114, relating to collection and remittance of additional
penalties in driving under the influence cases for the Georgia Crime Victims
Emergency Fund, and inserting in their place the
following:
"15-21-113.
The
sums provided for in Code Section 15-21-112 shall be assessed and collected by
the court officer charged with the duty of collecting moneys arising from fines
and shall be paid over by the last day of the following month to the Georgia
Superior Court
Clerks´
Cooperative Authority for remittance to the Georgia Crime Victims
Compensation Board by the last day of the month there
following, to be deposited into the Georgia Crime Victims Emergency
Fund. The Georgia Crime Victims Compensation Board
authority shall, on a quarterly basis, make a report and accounting of
all funds collected pursuant to this article and shall submit such report and
accounting to the Office of Planning and Budget, and the
Legislative Budget Office, and the Senate Budget Office no later than
30 60 days after the last day of the preceding
quarter.
15-21-114.
When
any such person, agency, or unit of government whose duty it is to collect and
pay over such moneys fails to remit the sums within 60 days of the date they are
required to be paid over, the same shall be delinquent and there may be imposed,
in addition to the principal amount due, a specific penalty in the amount of 5
percent of said principal amount per month for each month during which the money
is continued to be delinquent, not to exceed a total of 25 percent of the
principal amount.
Reserved."
SECTION 7.
Said Title 15 is further amended by striking Code Section
15-21-132, relating to assessment and collection of victim assistance funds, and
inserting in lieu thereof the
following:
"15-21-132.
(a)
The sums provided for in Code Section 15-21-131 shall be assessed and collected
by the court officer charged with the duty of collecting moneys arising from
fines and shall be paid over on a monthly basis to the
Georgia Superior Court
Clerks´
Cooperative Authority by the end of the month after the collection. The net
proceeds shall be distributed by such authority as
follows:
(1) If the county where the fine was imposed
operates or participates in a any victim assistance
program approved certified by the Criminal Justice
Coordinating Council, then the moneys shall be paid over to the governing
authority of the county for disbursement to those that
victim assistance program programs;
or
(2) If the county where the fine was imposed does
not operate or participate in a any victim assistance
program approved certified by the Criminal Justice
Coordinating Council, then the moneys shall be paid over to the district
attorney of the judicial circuit in which the county is located for the purpose
of defraying the costs of victim assistance activities carried out by the
district
attorney´s
office. Such funds shall be paid over in the same manner as other county funds
paid for operations of the district
attorney´s
office and shall be in addition to rather than in lieu of any other such
funds.
All such funds shall be paid to the
recipients by the last day of the month in which the funds are received;
provided, however, that the governing authority of the county shall be
authorized to hold as reserve funds an amount not to exceed 5 percent of the
funds received by the governing authority in the preceding calendar
year.
(a.1) The court officer charged with
the duty of collecting moneys arising from fines pursuant to this Code section
and Code Section 15-21-133 is required to submit to the Criminal Justice
Coordinating Council a monthly financial report which states the amount
collected and the agencies, organizations, or programs which directly received
funds in that same period from said officer in order to allow coordination of
local, state, and federal funding sources for similar
services
(b) The Georgia Superior Court
Clerks´
Cooperative Authority shall receive and distribute the funds collected pursuant
to this Code section to the county governing authorities and shall submit a
financial report to the Criminal Justice Coordinating Council each month stating
the amount collected and the amount disbursed to each county governing authority
no later than the last day of the month following the month in which the funds
were collected.
(c) The county governing
authority receiving funds shall submit a financial report to the Criminal
Justice Coordinating Council semiannually stating the recipients that directly
received funds during such reporting period no later than the last day of the
month following the reporting period in which the funds were collected in order
to allow coordination of local, state, and federal funding sources for similar
services. The Criminal Justice Coordinating Council shall report annually to the
General Assembly the county governing authorities that failed to submit
semiannual reports during the previous calendar
year.
(d) All recipients of funds pursuant to
this Code section shall submit an annual report to the Criminal Justice
Coordinating Council. Such report shall include, but not be limited to, the
total amount of funds received from each county governing authority, the
purposes for which the funds were expended, and the total number of victims
served in each county for which the funds were received. A copy of each
recipient´s
annual report shall also be submitted to each county governing authority from
which funds were received pursuant to this Code
section.
(b)(e) The
Criminal Justice Coordinating Council shall promulgate rules governing the
approval certification of victim assistance programs.
The rules shall provide for the approval certification
of programs which are designed to provide substantial assistance to victims of
crime in understanding and dealing with the criminal justice system as it
relates to the crimes committed against them. It is the intention of the General
Assembly that approval certification shall be liberally
granted so as to encourage local innovations in the development of victim
assistance programs.
(f) The Criminal Justice
Coordinating Council shall promulgate rules governing the revocation of
certification of victim assistance programs. Such rules shall provide for the
decertification of programs previously certified by the Criminal Justice
Coordinating Council that are no longer in compliance with the rules promulgated
by the Criminal Justice Coordinating Council pursuant to this Code
section.
(g) Moneys arising from fines imposed
pursuant to Code Section 15-21-131 shall not be paid to any victim assistance
program that has not been certified by the Criminal Justice Coordinating Council
or to any program that has been decertified by such
council."
SECTION 8.
Said Title 15 is further amended by striking Code Section
15-21-133, relating to payment of additional sums, and inserting in lieu thereof
the
following:
"15-21-133.
Moneys
collected as provided for in this article shall be paid over as provided for in
this article by the last day of the month following the month in which they are
collected. When any person, agency, or unit of government whose duty it is to
collect and pay over such moneys fails to remit the sums within 60 days of the
date they are required to be paid over, the same shall be delinquent and there
may be imposed, in addition to the principal amount due, a specific penalty in
the amount of 5 percent of said principal amount per month for each month during
which the money is continued to be delinquent, not to exceed a total of 25
percent of the principal amount
Reserved."
SECTION 9.
Said Title 15 is further amended by striking Code Sections
15-21-150 and 15-21-151, relating to collection and remittance of additional
penalties in driving under the influence cases for the Brain and Spinal Injury
Trust Fund, and inserting in their place the
following:
"15-21-150.
The
sums provided for in Code Section 15-21-149 shall be assessed and collected by
the clerk or court officer charged with the duty of collecting moneys arising
from fines and shall be paid over by the last day of the following month to
the Georgia Superior Court
Clerks´
Cooperative Authority for remittance to the Brain and Spinal Injury Trust
Fund Commission created in Code Section 15-21-143 by the last day of the
month there following, to be deposited into the Brain and Spinal Injury
Trust
Fund.
15-21-151.
Moneys
collected as provided for in this article shall be paid over as provided for in
this article by the last day of the month following the month in which they are
collected. When any person, agency, or unit of government whose duty it is to
collect and pay over such moneys fails to remit the sums within 60 days of the
date they are required to be paid over, the same shall be delinquent and there
may be imposed, in addition to the principal amount due, a specific penalty in
the amount of 10 percent of said principal amount per month for each month
during which the money is continued to be delinquent, not to exceed a total of
25 percent of the principal amount.
Reserved."
SECTION 10.
Said Title 15 is further amended by adding a new Chapter 21A
to read as follows:
"CHAPTER
21A
15-21A-1.
(a) The General
Assembly finds that over the years, at various times, there have been enacted
into the law and Constitution of this state numerous provisions relating to
court costs, fees, and criminal penalty and bond surcharges for various stated
purposes and that additional costs, fees, and surcharges may be added in the
future. Because of the seriatim nature of these enactments, little or no
consideration has been given to the interaction of the enacting provisions.
There exists a lack of fiscal data concerning such fees. State law has in some
cases provided insufficient guidance for local officials with respect to the
priority and manner of distribution of such costs, fees, and surcharges. There
exists a need for a centralized agency to act as the collecting and remitting
agent for such costs, fees, and surcharges in order to provide for uniform
practices and fiscal accountability with respect to such collection and
remittance.
(b) It is the intent of this chapter to
meet the needs identified in subsection (a) of this Code section and to provide
for certain new fees and surcharges in order that funds may be made available
for appropriation and may be appropriated for purposes of indigent
defense.
15-21A-2.
As used
in this chapter, the term 'authority' means the Georgia Superior Court
Clerks´
Cooperative Authority established pursuant to Code Section
15-6-94.
15-21A-3.
(a) As
used in this Code section the term 'court' means all trial courts within this
state including, but not limited to, superior, juvenile, state, magistrate,
probate, municipal, and special courts, whether called
mayor´s
courts,
recorder´s
courts, police courts, civil courts, traffic courts, or miscellaneous courts or
any other trial court created in this state under any other
name.
(b) The authority shall act as collecting and
remitting agent with respect to the costs, fees, and surcharges for certain
costs, fees, or surcharges by any clerk of court or other officer or agent of
any court. The authority in performing this function shall receive and disburse
such funds only in the capacity of a custodial trustee, and such funds shall not
in the process of receipt and disbursement become funds of the authority. The
costs, fees, and surcharges subject to this Code section
are:
(1) The additional divorce case filing fee under
Code Section 15-6-77.4 and the additional marriage license fee under Code
Section 15-9-60.1;
(2) The surcharge on fines and
bonds imposed for the training of law enforcement and prosecutorial officers and
for indigent defense purposes under Code Section
15-21-73;
(3) The additional penalties imposed in
cases of driving under the influence for purposes of state crime victims
compensation under Code Section 15-21-112;
(4) The
additional penalties imposed in cases of driving under the influence for
purposes of the Brain and Spinal Injury Trust Fund under Code Section
15-21-149;
(5) Fees collected by the courts under Code
Section 42-8-34; and
(6) Local victim assistance funds
collected pursuant to Article 8 of Chapter 21 of this
title.
15-21A-4.
(a)(1)
Each clerk of any court or any other officer or agent of any court receiving any
funds subject to this chapter on or after July 1, 2004, shall remit all such
funds to the authority by the end of the month following the month in which such
funds are received.
(2) The chief judge of superior
court for each county shall have the authority to require compliance with
paragraph (1) of this subsection by any court within the county. If any court is
more than 60 days delinquent or is habitually delinquent in remitting any funds
or reports required under this Code section or Code Section 15-21A-6, the
authority shall notify the chief judge of superior court of the county in which
the court is located.
(b) The authority shall
prescribe uniform procedures and forms for the reporting and remittance of all
funds subject to Code Section 15-21A-3; and all clerks or other officers or
agents remitting such funds shall use the prescribed procedures and forms in
reporting and remitting funds to the authority.
(c)
The authority shall prescribe uniform rules, procedures, and forms relative to
the partial or installment collection and remittance of funds subject to Code
Section 15-21A-3. Any funds held by any court or unit of local government on
July 1, 2004, consisting of previously collected partial or installment payments
shall be subject to the rules, procedures, and forms so prescribed and shall be
remitted to the authority to the extent provided for in such rules and
procedures.
(d) The authority shall remit all funds
collected to the designated receiving entities or general fund of the state
treasury within 60 days of receiving such
funds.
15-21A-5.
(a) The
authority shall be entitled to retain from the funds received by the authority
under Code Section 15-21A-3 and 15-21A-6 an amount equal to 1 percent of such
funds, but in no event more than $500,000.00 per fiscal year, to reimburse the
authority for its costs in administering this chapter. The net proceeds, after
deduction of such administrative costs, from the funds received by the authority
under Code Section 15-21A-3 shall be remitted by the authority as
follows:
(1) The net proceeds received pursuant to
paragraph (1) of subsection (b) of Code Section 15-21A-3 shall be remitted to
the general fund of the state treasury;
(2) The net
proceeds received pursuant to paragraph (2) of subsection (b) of Code Section
15-21A-3 shall be remitted to the general fund of the state
treasury;
(3) The net proceeds received pursuant to
paragraph (3) of subsection (b) of Code Section 15-21A-3 shall be remitted to
the Georgia Crime Victims Compensation Board to be deposited into the Georgia
Crime Victims Emergency Fund;
(4) The net proceeds
received pursuant to paragraph (4) of subsection (b) of Code Section 15-21A-3
shall be remitted to the Brain and Spinal Injury Trust Fund Commission for
deposit into the Brain and Spinal Injury Trust
Fund;
(5) The net proceeds received pursuant to
paragraph (5) of subsection (b) of Code Section 15-21A-3 shall be remitted to
the general fund of the state treasury; and
(6) The
net proceeds received pursuant to paragraph (6) of subsection (b) of Code
Section 15-21A-3 shall be remitted pursuant to Code Section 15-21-132 for local
victim assistance.
(b) The net proceeds received
pursuant to Code Section 15-21A-6 shall be remitted to the general fund of the
state treasury.
(c) Any interest earned on funds
subject to this chapter while in the custody of the authority shall be remitted
to the general fund of the state
treasury.
15-21A-6.
(a)
In addition to all other legal costs there shall be charged to the filing party
and collected by the clerk an additional filing fee of $15.00 in each civil
action or case filed in the superior, state, probate,
recorder´s,
mayor´s,
and magistrate courts except that municipalities, counties, and political
subdivisions shall be exempt from such fee. Without limiting the generality of
the foregoing, such fee shall apply to all adoptions, certiorari, applications
by personal representatives for leave to sell or reinvest, trade name
registrations, applications for change of name, and all other proceedings of a
civil nature. Any matter which is docketed upon the official dockets of the
enumerated courts and to which a number is assigned shall be subject to such
fee, whether such matter is contested or not.
(b) Any
person who applies for or receives legal defense services under Chapter 12 of
Title 17 shall pay the entity providing the services a single fee of $50.00 for
the application for, receipt of, or application for and receipt of such
services. The application fee may not be imposed if the payment of the fee is
waived by the court. The court shall waive the fee if it finds that the
applicant is unable to pay the fee or that hardship will result if the fee is
charged.
(c) Each clerk of court, each indigent
defense program, or any other officer or agent of any court receiving any funds
subject to this Code section shall collect the additional fees provided in this
Code section and shall pay such moneys over to the authority by the last day of
the month after the month of collection, to be deposited by the authority into
the general fund of the state treasury.
(d) It is the
intent of the General Assembly that all funds derived under this Code section
shall be made available through the general appropriations process and may be
appropriated for purposes of funding indigent
defense.
(e) A public entity other than an entity
providing legal defense services under Chapter 12 of Title 17 may charge, in
addition to any other fee or surcharge authorized by law, a $50.00 application
fee unless waived by the court for inability to pay or hardship. Any such fee
shall be retained by the entity providing the services or used as otherwise
provided by law and shall not be subject to payment to the authority or deposit
into the state
treasury.
15-21A-7.
(a)
As used in this Code section the term 'court' means all trial courts within this
state including, but not limited to, superior, juvenile, state, magistrate,
probate, municipal, and special courts, whether called
mayor´s
courts,
recorder´s
courts, police courts, civil courts, traffic courts, or miscellaneous courts or
any other trial court created in this state under any other
name.
(b) The authority shall develop a reporting and
accounting system that employs controls necessary to determine the accuracy of
the fine and fee collections and disbursement by each clerk of court or other
officer or agent of any court receiving any fines and fees. No later than 60
days after the end of the last day of each month, each such clerk or agent shall
report to the authority on a reporting system prescribed by the authority. Any
entity doing business with such clerk or agents and all agencies of the state
shall cooperate in providing on a timely basis any information or data requested
by the authority in a format prescribed by the authority by
regulation.
(c) The authority shall, on a quarterly
basis, make a detailed report and accounting of all fines and fees collected and
remitted by any court and shall submit such report and accounting to the General
Oversight Committee for the Georgia Public Defender Standards Council, the
Office of Planning and Budget, the Chief Justice of the Supreme Court of
Georgia, the Legislative Budget Office, and the Senate Budget Office no later
than 60 days after the last day of the preceding
quarter.
15-21A-8.
Any
clerk of court or any other officer or agent receiving any funds subject to this
chapter who knowingly fails to pay over any such funds to the authority as
required by this chapter, after receiving notice from the authority that such
funds are delinquent, shall be guilty of a misdemeanor, except that if the
amount of funds knowingly not paid over is $10,000.00 or more then such person
shall be guilty of a felony and punished by imprisonment for not less than one
nor more than ten years. The offense created by this Code section shall not
merge with any other
offense."
SECTION 11.
Title 17 of the Official Code of Georgia Annotated, relating
to criminal procedure, is amended by striking subsection (c) of Code Section
17-12-3, relating to the membership of the Georgia Public Defender Standards
Council, and inserting in lieu thereof the
following:
"(c)
In making these appointments, the appointing authorities shall seek to identify
and appoint persons who represent a diversity of backgrounds and
experience, and shall solicit suggestions from the State Bar of
Georgia, state and local bar associations, the Georgia Association of Criminal
Defense Lawyers, the councils representing the various categories of state court
judges in Georgia, and the Prosecuting
Attorneys´
Council of the State of Georgia, as well as from the public and other interested
organizations and individuals within the state. The appointing authorities
shall not appoint a prosecuting attorney as defined in paragraph (6) of Code
Section 19-13-51, any employee of a prosecuting
attorney´s
office, or an employee of the Prosecuting
Attorneys´
Council of the State of Georgia to serve on the
council."
SECTION 12.
Said Title 17 is further amended by adding a new subsection
to Code Section 17-12-8, relating to approval of the Georgia Public Defender
Standards Council of programs for representation of indigents and development of
standards, to read as
follows:
"(c)
The initial minimum standards promulgated by the council pursuant to this Code
section and which are determined by the General Oversight Committee for the
Georgia Public Defender Standards Council to have a fiscal impact shall be
submitted by the council to the General Assembly at the regular session for 2005
and shall become effective only when ratified by joint resolution of the General
Assembly and upon the approval of the resolution by the Governor or upon its
becoming law without such approval. The power of the council to promulgate such
initial minimum standards shall be deemed to be dependent upon such
ratification; provided, however, the minimum standards promulgated by the
council shall be utilized as a guideline prior to ratification. Any subsequent
amendments or additions to the initial minimum standards promulgated by the
council pursuant to this Code section and which are determined by the General
Oversight Committee for the Georgia Public Defender Standards Council to have a
fiscal impact shall be ratified at the next regular session of the General
Assembly and shall become effective only when ratified by joint resolution of
the General Assembly and upon the approval of the resolution by the Governor or
upon its becoming law without such
approval."
SECTION 13.
Said Title 17 is further amended by inserting a new Code
section to read as
follows:
"17-12-10.1.
(a)
There is created the General Oversight Committee for the Georgia Public Defender
Standards Council which shall be composed of eight persons: three members of the
House of Representatives appointed by the Speaker of the House of
Representatives, three members of the Senate appointed by the Senate Committee
on Assignments or such person or entity as established by Senate rule, and one
member of the House of Representatives and one member of the Senate appointed by
the Governor. The members of such committee shall be selected within ten days
after the convening of the General Assembly in each odd-numbered year and shall
serve until their successors are appointed.
(b) The
Speaker of the House of Representatives shall appoint a member of the committee
to serve as chairperson and the Senate Committee on Assignments or such person
or entity as established by Senate rule shall appoint one member of the
committee to serve as vice chairperson during each even-numbered year. The
Senate Committee on Assignments or such person or entity as established by
Senate rule shall appoint a member of the committee to serve as chairperson and
the Speaker of the House of Representatives shall appoint one member to serve as
vice chairperson during each odd-numbered year. Such committee shall meet at
least six times each year and, upon the call of the chairperson, at such
additional times as deemed necessary by the
chairperson.
(c) It shall be the duty of such
committee to review and evaluate the following:
(1)
Information on new programs submitted by the
council;
(2) Information on standards proposed by the
council;
(3) The strategic plans for the
council;
(4) Program evaluation reports and budget
recommendations of the council;
(5) The fiscal impact
of fees and fines on counties;
(6) The reports
submitted pursuant to Code Section 15-21A-7 in order to identify, among other
things, opportunities to reduce or consolidate fees, fines, and surcharges;
and
(7) Such other information or reports as deemed
necessary by such committee.
(d) The council shall
cooperate with such committee and provide such information or reports as
requested by the committee for the performance of its
functions.
(e) Notwithstanding subsection (c) of Code
Section 45-12-78, the council shall submit its budget estimate to the director
of the Office of Planning and Budget prior to submitting its budget estimate to
the Judicial Council of Georgia. The
council´s
budget estimate included in the
Governor´s
budget report as provided in subsection (d) of Code Section 45-12-78 shall be
as submitted by the Judicial Council of Georgia; provided, however, that the
Governor shall be authorized to analyze the
council´s
budget estimate and include such analysis as a part of the
Governor´s
budget report.
(f) The committee shall make an annual
report of its activities and findings to the membership of the General Assembly
and the Governor within one week of the convening of each regular session of the
General Assembly. The chairperson of the committee shall deliver written
executive summaries of such report to the members of the General Assembly prior
to the adoption of the General Appropriations Act each
year.
(g) The members of the committee shall receive
the allowances authorized for legislative members of legislative committees. The
funds necessary to pay such allowances shall come from funds appropriated to the
House of Representatives and the Senate.
(h) The
committee shall be authorized to request that a performance audit of the council
be conducted."
SECTION 14.
Said Title 17 is further amended by adding a new Code
section to read as
follows:
"17-12-10.2.
The
members of the council as created by this article, the members of the circuit
public defender selection panel created by Article 2 of this chapter, and other
policy-making or administrative personnel acting in a policy-making or
administrative capacity shall not be subject to civil liability resulting from
any act or failure to act in the implementation and carrying out of the purposes
of this article and Article 2 of this
chapter."
SECTION 15.
Said Title 17 is further amended by striking subsection (b)
of Code Section 17-12-11, relating to the council assuming the responsibilities
of the former Georgia Indigent Defense Council, funding, and personnel, and
inserting in lieu thereof the
following:
"(b)
At least 90 percent of all state appropriated funds to the former Georgia
Indigent Defense Council or the Georgia Public Defender Standards Council for
grants to counties shall be distributed to counties for the January 1, 2004,
through December 31, 2004, time period, based upon previous year expenditures
for the provision of defense services at the local
level."
SECTION 16.
Said Title 17 is further amended by adding a new article to
read as follows:
"ARTICLE
1A
17-12-19.1.
As used in this
article, the term:
(1) 'County governing authority'
means the judge of the probate court, board of county commissioners, or other
authority in a county which by law has the duty to levy taxes and provide funds
for the operation of the courts in the county.
(2)
'Court concerned' means a court having, or anticipated as having, with respect
to crime, jurisdiction over a proceeding in which an indigent person is a party
or over the detention of an indigent person. When a superior court has
prescribed an arrangement under paragraph (1) of subsection (a) of Code Section
17-12-19.3, it shall also be a 'court concerned.'
(3)
'Criminal proceedings' means any proceedings in which a person is charged with a
violation of a local ordinance or state law; and, because of the violation, the
person may be incarcerated in any jail or other penal institution in this
state.
(4) 'Defending attorney' means an assigned
attorney, an attorney attached to the staff of a nonprofit legal aid agency, a
public defender, or an attorney attached to the staff of a public
defender.
(5) 'Indigent person' means a person who is
unable, without undue hardship, to employ the legal services of an attorney or
to defray the necessary expenses of legal representation, determined as provided
for in this
article.
17-12-19.2.
When
there are more than two judges of the superior court in a county or circuit, any
action required under this article, in the form of a rule of the court, must be
taken by at least a majority of the judges of that court. Where there are only
two judges, the action must be concurred in by both
judges.
17-12-19.3.
(a)
All courts of this state having jurisdiction of proceedings of a criminal nature
shall, by rule of court, provide for the representation of indigent persons in
criminal proceedings in such court. After ascertaining that the defendant is in
fact indigent, it shall provide this representation
by:
(1) An arrangement whereby a judge of the court
concerned will assign attorneys on an equitable basis through a systematic,
coordinated defender plan under delegation to and supervision of the clerk or
deputy clerk of the superior court, the clerk or deputy clerk of the court
concerned, or of an administrator appointed by the superior court for such
purpose;
(2) An arrangement whereby a nonprofit legal
aid agency or agencies will be assigned to provide the representation;
or
(3) An arrangement whereby a combination of the
above arrangements indicated in paragraphs (1) and (2) of this subsection will
provide the representation.
(b) Until the superior
court in a county has by rule prescribed an appropriate arrangement, any court
concerned may assign attorneys to provide the representation. In this event, any
court concerned may, by its own rule, prescribe an arrangement whereby attorneys
will be assigned on an equitable basis through a systematic, coordinated plan
under delegation to and supervision of the clerk or deputy clerk of that
court.
(c) Any arrangement under subsection (a) of
this Code section may be made applicable to one, or more, or all counties within
the same superior court circuit when promulgated by a rule of the superior court
of the circuit.
(d) If the superior court in a county
for any reason does not provide for an arrangement prescribed in subsection (a)
of this Code section, the county governing authority may perform the functions
ascribed to the superior court in this Code
section.
17-12-19.4.
(a)
When a superior court prescribes an arrangement under Code Section 17-12-19.3
which involves the assignment of attorneys, it shall prescribe the compensation
of the defending attorneys whom it assigns as provided for in this article and
approve the expenses necessarily incurred by them in the defense of indigents
under this article. The county governing authority shall recommend the limits
for attorney fees for the several courts in the county that may be prescribed by
the courts for the defense of indigents and such investigation expenses as may
be necessary and approved by the court.
(b)
Notwithstanding subsection (a) of this Code section, in extraordinary
circumstances the trial court may approve the payment of such additional
compensation in excess of the limits prescribed in subsection (a) of this Code
section as the trial court may determine and find to be necessary to provide for
compensation for protracted representation.
(c) The
county governing authority shall pay assigned attorneys the amounts prescribed
in this Code section from public funds available for the operation of the courts
in the
county.
17-12-19.5.
(a)
When a nonprofit legal aid agency is involved in providing legal services to an
indigent person under this article, the court concerned may allow to the legal
aid agency an amount equivalent to the compensation and direct expenses
otherwise allowable to an assigned attorney. In this event the county governing
authority shall pay to the legal aid agency the amount so determined from public
funds available for the operation of the courts in the
county.
(b) The county governing authority may, in
lieu of compensation allowable under subsection (a) of this Code section,
contract with a nonprofit legal aid agency on an annual basis for rendering all
or part of the legal services contemplated under this
article.
17-12-19.6.
(a)
In addition to the arrangements authorized under Code Section 17-12-19.3, the
superior court of a county, with the concurrence of the county governing
authority, may establish and maintain an office of public defender to provide
indigent persons with the representation contemplated under this
article.
(b) If an office of public defender is
established for a county, the superior court of that county shall appoint a
person to serve as public defender for a term of two years. The public defender
must be licensed to practice law in this state and must be competent to counsel
and defend a person charged with a crime. During his or her incumbency the
public defender may not engage in the practice of criminal law other than in the
discharge of the duties of his or her office unless he or she is approved in
writing to practice criminal law by the senior judge of the superior court of
his or her judicial circuit. The superior court, with the concurrence of the
county governing authority, shall determine whether the public defender is to be
employed on a full-time or a part-time basis and shall determine his or her
compensation.
(c) If an office of public defender is
established, the public defender may employ, in the manner and at the
compensation prescribed by the superior court and concurred in by the county
governing authority, as many assistant public defenders, clerks, investigators,
stenographers, and other persons as may be necessary for carrying out his or her
responsibilities under this article. A person employed under this subsection
serves at the pleasure of the public defender, unless his or her position is
under a civil service system in which he or she may be removed only for
cause.
(d) If an office of public defender is
established, the county governing authority shall provide appropriate
facilities, including office space, furniture, equipment, books, postage,
supplies, and interviewing facilities in the jail, necessary for carrying out
the public
defender´s
responsibilities under this article or shall grant the public defender an
allowance in place of such facilities.
(e) If an
office of public defender is established, his or her compensation, expenses and
allowances, and the expense necessary to establish, maintain, and support his or
her office shall be paid by the county governing authority out of public funds
available for the operation of the courts in the
county.
(f) The superior court of a circuit, with the
concurrence of the county governing authority of two or more counties within the
same circuit, may establish and maintain a joint office of public defender under
this Code section; or a single governing authority may contract with a public
defender of another county within the same circuit for the services of his or
her office to serve as the public defender, provided the superior court of the
circuit and the governing authority of the county concur in the
contract.
17-12-19.7.
No
person may be assigned the primary responsibility of representing an indigent
person unless he or she is authorized to practice law in this state and is
otherwise competent to counsel and defend a person charged with a crime.
Competence shall be determined by the court concerned at the first court
proceeding after the assignment of counsel. A person authorized to practice
legal aid under Chapter 20 of Title 15 is competent to represent an indigent
person, provided that in any trial a person authorized to practice law in this
state is also
present.
17-12-19.8.
At
any stage of the criminal proceedings, including appeal or other post-conviction
proceedings, the court concerned may for good cause assign a substitute
attorney. The substitute attorney shall have the same functions with respect to
the indigent person as the attorney for whom he or she is substituted. If the
substitute attorney is not employed in the office of the public defender or in a
nonprofit legal aid agency serving under this article, the court shall prescribe
reasonable compensation for him or her and approve the expenses necessarily
incurred by him or her in the defense of the indigent person, as provided in
Code Section
17-12-4.
17-12-19.9.
(a)
When a superior court prescribes an arrangement for providing representation
under this article, it may also prescribe a standard to govern the determination
of indigency by all courts concerned within the county. The superior court may
prescribe the requirements for a proper showing of material factors relating to
ability to pay for legal services and the proper form and authentication
thereof. In establishing an indigency standard, the superior court shall
consider such factors as income, property owned, expenses, outstanding
obligations, and the number and ages of dependents. Release on bail shall not
necessarily preclude a person from being considered indigent, nor shall it be
necessary that a person be destitute or a pauper to be considered
indigent.
(b) In a proceeding to determine indigency
under this Code section, any person who makes a false statement, under oath,
concerning any material factor related to his, her, or
another´s
ability to pay for legal services commits the crime of
perjury.
(c) To the extent that a person covered under
this Code section is able to provide for the employment of an attorney, the
other necessary services and facilities of representation, and court costs, the
court concerned may order him or her to provide for this payment or
reimbursement.
17-12-19.10.
(a)
The county may recover payment or reimbursement, as the case may be, from each
person who has received legal assistance or another benefit under this
article:
(1) To which he or she was not
entitled;
(2) With respect to which he or she was not
an indigent person when he or she received it; or
(3)
With respect to which he or she has failed to make payment or reimbursement
ordered under subsection (c) of Code Section 17-12-19.9 and for which he or she
refuses to pay or reimburse.
(b) An action must be
brought within four years after the date on which the aid was
received.
(c) The county may recover payment or
reimbursement, as the case may be, from each person, other than a person covered
by subsection (a) of this Code section, who has received legal assistance under
this article and who, on the date on which the action is brought, is financially
able but refuses to pay or reimburse the county for the assistance according to
the standards of ability to pay applicable under this article. The action must
be brought within four years after the date on which the benefit was
received.
17-12-19.11.
(a)
A defending attorney shall keep appropriate records respecting each indigent
person whom he or she represents under this
article.
(b) The public defender, legal aid agency, or
person administering a court prescribed defender plan shall submit an annual
report to the county governing authority, which report shall show the number of
persons represented under this article, the crimes involved, the outcome of each
case, and the expenditures (totaled by kind) made in carrying out the
responsibilities imposed by this article. A copy of the report shall also be
submitted to each court having criminal jurisdiction in the county or counties
which the program
serves.
17-12-19.12.
(a) For
each fiscal year, the county governing authority in each county shall include in
its annual budget for the operations of the courts in the county an additional
amount to finance the costs and expenses necessary for the implementation of
this article.
(b) The county governing authority in
each county may accept private contributions for the support of the
administration of this
article.
17-12-19.13.
This
article applies only to counties that were operating local indigent defense
programs under former Article 1 of this chapter, 'The Georgia Criminal Justice
Act,' as it existed immediately prior to December 31, 2003, for representation
in the courts of this state, except that it does not prohibit a defending
attorney from representing an indigent person in a federal court of the United
States if:
(1) The matter arises out of or is related
to an action pending or recently pending in a court of criminal jurisdiction of
this state; or
(2) Representation is under an approved
plan of the United States District Court as required by the Criminal Justice Act
of 1964 (18 U.S.C.
3006A).
17-12-19.14.
This
article shall be repealed in its entirety on December 31,
2004."
SECTION 17.
Said Title 17 is further amended by striking subsection (a)
of Code Section 17-12-20, relating to the public defender selection panel for
each judicial circuit, and inserting in lieu thereof the
following:
"(a)
There is created in each judicial circuit in the state a circuit public defender
selection panel to be composed of five members. The membership shall be
composed of one member each appointed by the Governor, the Lieutenant Governor,
the Speaker of the House of Representatives, the Chief Justice of the Supreme
Court of Georgia, and the chief judge of the superior court of the circuit.
Members of the circuit public defender selection panel shall be individuals with
significant experience working in the criminal justice system or who have
demonstrated a strong commitment to the provision of adequate and effective
representation of indigent defendants. A prosecuting attorney as defined in
paragraph (6) of Code Section 19-13-51, any employee of a prosecuting
attorney´s
office, or an employee of the Prosecuting
Attorneys´
Council of the State of Georgia shall not serve as a member of the circuit
public defender selection panel after July 1, 2005. Members of the circuit
public defender selection panel shall reside in the judicial circuit in which
he or she serves they serve. The circuit public
defender selection panel members shall serve for a term of five years. Any
vacancy for an appointed member shall be filled by the appointing
authority."
SECTION 18.
Said Title 17 is further amended by striking subsection (a)
of Code Section 17-12-25, relating to the salary of the circuit public defender,
and inserting in lieu thereof the
following:
"(a)
Each circuit public defender shall receive an annual salary of $87,593.58
and cost-of-living adjustments as may from time to time be granted to
employees of the executive, judicial, and legislative branches of government
from state funds as prescribed by the
council."
SECTION 19.
Said Title 17 is further amended by striking Code Section
17-12-26, relating to the budget of the council and support from the
Administrative Office of the Courts, and inserting in lieu thereof the
following:
"17-12-26.
(a)
The council shall prepare and submit to the Judicial Council of Georgia 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
multicounty public defender office or its successor, and the office of the
mental health advocate. The
council´s
budget shall not contain any request for funding for the operation of the
circuit public defender offices nor any other funding related to funding for
this article until the budget submission for Fiscal Year 2005. 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. For fiscal years beginning
prior to July 1, 2006, such funds collected for indigent defense may be
estimated by the council based on actual monthly collections received prior to
the
council´s
budget request submission. 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.
(b) The
budget of the council shall include the budget of all circuit public defenders
and other offices and entities, including conflict defender offices and
appointed attorneys providing indigent defense representation under the
authority of this article and the multicounty public defender office and the
office of the mental health advocate.
(c) The
director of the Administrative Office of the Courts shall provide general
administrative support, which shall include purchasing, payroll, and similar
administrative services, to the
council.
(d) The director of the
Administrative Office of the Courts shall not reduce or modify the budget of the
council and may not in any manner use funds appropriated to or otherwise
designated for the
council.
(e)(c)(1)
Subject to the provisions of paragraphs (3) and (4) of this subsection, expenses
paid by the council pursuant to this Code section shall be paid out of funds as
may be appropriated by the General Assembly.
(2) On or
before June 1 of each year, the council shall establish and furnish to each
circuit public defender and the state auditor the travel budget for each
judicial circuit based on the amount appropriated by the General Assembly for
travel.
(3) In determining the travel budget for each
judicial circuit, the council shall consider the budget request submitted by the
circuit public defender of each judicial circuit, the geographic size and the
caseload of each circuit, and other facts as may be relevant. The council is
authorized to establish a contingency reserve of not more than 3 percent of the
total amount appropriated by the General Assembly in order to meet any expenses
which could not be reasonably anticipated. The council shall submit to each
circuit public defender, the state auditor, and the legislative budget analyst a
monthly report showing the budget amount of expenditures made under the travel
budget. The council may periodically review and adjust the travel budget as may
be necessary to carry out the purposes of this
subsection.
(4) Neither the circuit public defender
nor any personnel compensated by the state pursuant to the provisions of this
article shall be reimbursed from state funds for any expenses for which the
person has been reimbursed from funds other than state funds; provided, however,
that the governing authority of the county or counties comprising the judicial
circuit are authorized to provide travel advances or to reimburse expenses which
may be incurred by the person in the performance of his or her official duties
to the extent the expenses are not reimbursed by the state as provided in this
Code section."
SECTION 20.
Said Title 17 is further amended by striking Code Section
17-12-27, relating to appointment of assistant public defenders, salary, and
promotions, and inserting in lieu thereof the
following:
"17-12-27.
(a)
Subject to the provisions of this Code section, the circuit public defender in
each judicial circuit is authorized to appoint:
(1)
One assistant public defender for each superior court judge authorized for the
circuit, excluding the chief judge and senior judges;
and
(2) Subject to funds being appropriated by the
General Assembly or otherwise available, additional assistant public defenders
as may be authorized by the council. In authorizing additional assistant public
defenders, the council shall consider the caseload, present staff, and resources
available to each circuit public defender, and shall make authorizations as will
contribute to the efficiency of individual circuit public defenders and the
effectiveness of providing adequate legal defense for indigent
defendants.
(b) Each assistant public defender
appointed pursuant to subsection (a) of this Code section shall be classified
based on education, training, and experience. The classes
jobs of assistant public defenders and the minimum qualifications
required for appointment or promotion to each class job
shall be established by the council based on education, training, and experience
and in accordance with the provisions of Code Sections 17-12-30 and
17-12-34.
(c) Each assistant public defender appointed
pursuant to this Code section shall be compensated based on a salary
schedule range established in accordance with subsection
(c) of Code Section 17-12-30. The salary range for each class
job established in accordance with subsection (b) of this Code section
shall be as follows:
(1) Assistant public defender I.
Not less than $38,124.00 nor more than 65 percent of the compensation of the
circuit public defender;
(2) Assistant public
defender II. Not less than $40,884.00 nor more than 70 percent of the
compensation of the circuit public defender;
(3)
Assistant public defender III. Not less than $45,108.00 nor more than 80 percent
of the compensation of the circuit public defender;
and
(4) Assistant public defender IV. Not less than
$52,176.00 nor more than 90 percent of the compensation of the circuit public
defender.
(d) All personnel actions involving
attorneys appointed pursuant to this Code section shall be made by the circuit
public defender in writing in accordance with the provisions of Code Section
17-12-30.
(e)(1) All salary advancements shall be based
on quality of work, education, and performance.
(2)
The salary of an assistant public defender appointed pursuant to this Code
section may be advanced one step increased at the first
of the calendar month following the anniversary of his or her
appointment.
(3) The salary of any
Any assistant public defender who, subsequent to his or her
appointment pursuant to this Code section, is awarded an LL.M. or S.J.D. degree
by a law school recognized by the State Bar of Georgia from which a graduate of
or student enrolled therein is permitted to take the bar examination or by a law
school accredited by the American Bar Association or the Association of American
Law Schools may be advanced two salary steps increased
effective on the first day of the calendar month following the award of the
degree, provided that such advancement does not exceed the maximum of the salary
range applicable to the
attorney´s
class job classification.
(f)
Any assistant public defender appointed pursuant to this Code section may be
promoted to the next highest class job at any time the
attorney meets the minimum qualifications for such class
job, but in order to be eligible for promotion, the attorney shall have
served not less than 12 months in the class job from
which the attorney is to be promoted. When an assistant public defender is
promoted to the next highest class job, the assistant
public defender shall enter the higher class job at
the an annual salary step which provides an
annual salary nearest to, but greater than, the annual
salary the assistant public defender was receiving immediately prior to the
promotion.
(g) All full-time state paid
employees of the office of the circuit public defender shall be state employees
in the unclassified service of the State Merit System of Personnel
Administration with all benefits of such appointed state employees as provided
by law.
(h) Notwithstanding the provisions of
subsection (g) of this Code section, an employee of a local public defender
office who was an employee of the office on June 30, 2004, and who becomes a
circuit public defender or an employee of a circuit public defender office
before July 1, 2005, may elect, with the consent of the former employer and the
consent of the council, to remain an employee of the entity for which the
employee worked as a local public defender; and such entity shall be his or her
employer for all purposes, including, without limitation, compensation and
employee benefits. The right to make an election pursuant to this subsection
shall expire on July 1, 2005. The council shall reimburse the appropriate entity
for compensation, benefits, and employer contributions under the federal Social
Security Act, but the total payment from the council to the entity on behalf of
the employee shall not exceed the amount otherwise payable to or for the
employee under the circumstance where the employee had become a state
employee."
SECTION 21.
Said Title 17 is further amended by striking subsections (d)
and (e) of Code Section 17-12-28, relating to appointment of investigator, and
inserting in lieu thereof the
following:
"(d)
Each investigator appointed pursuant to this Code section shall be compensated
based on a salary schedule range established pursuant to
Code Section 17-12-30. The salary range for the investigator appointed pursuant
to this Code section shall be not less than $30,828.00 nor more than 70 percent
of the compensation of the circuit public defender from state
funds.
(e)(1) Except as otherwise provided in this
subsection, an investigator appointed pursuant to this Code section shall be
appointed initially to the entry grade of the general job on
the state-wide pay schedule
ranges.
(2) Any person who is employed in a
nonstate paid
investigator´s
position within the office of the circuit public defender may be transferred to
a state paid position. Such transfer shall be to the job and salary range
commensurate with the education and experience of the employee.
salary step which is based on the number of years the person has served
in the investigator position as if the person had been initially appointed
pursuant to this Code section.
(3) Any person
who is employed as a peace officer by an agency of the executive branch of state
government who is appointed as an investigator pursuant to this Code section
without a break in service may be appointed to the an
annual salary step which is one step above the at least
equal to the annual salary the person received on the last day of employment
immediately preceding said appointment.
(4) Any person
who was a certified peace officer employed on a full-time basis by this state,
the United States or any of the several states, or a political subdivision or
authority thereof, may be appointed to the salary step
above the entry level based on one step for every three
years´
that gives the officer credit for experience as a full-time certified
peace officer."
SECTION 22.
Said Title 17 is further amended by striking subsection (b)
of Code Section 17-12-29, relating to employment of supplemental personnel and
compensation, and inserting in lieu thereof the
following:
"(b)
Personnel appointed pursuant to this Code section shall be compensated based on
a salary schedule range developed in accordance with
Code Section
17-12-30."
SECTION 23.
Said Title 17 is further amended by striking subsection (c)
of Code Section 17-12-30, relating to classification of personnel, and inserting
in lieu thereof the
following:
"(c)(1)
The council shall establish salary schedules ranges for
each state paid position authorized by this article or any other provision of
law. Salary schedules ranges shall be similar to the
general and special schedules state-wide and senior
executive ranges adopted by the State Merit System of Personnel
Administration and shall provide for a minimum,
entry step and not less than ten additional steps, midpoint,
and maximum salaries not to exceed the maximum allowable salary. In
establishing the salary schedule ranges, all amounts
will be rounded off to the nearest whole dollar. The council may, from time to
time, revise the salary schedule 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 class
job to which the person is appointed and the appropriate step of
the salary schedule
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 advanced one
step 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
schedule range.
(4) Any
reduction in salary shall be made in accordance with the salary
schedule 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 Department of Administrative Services or
the Administrative Office of the Courts, as determined by the council, as
provided by this subsection from funds appropriated for such purpose. The
council may, with the consent of the Department of Administrative Services or
the Administrative Office of the Courts, 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 24.
Said Title 17 is further amended by striking paragraph (1)
of subsection (a) of Code Section 17-12-36, relating to establishment of
alternate indigent defense delivery systems, as enacted by Ga. L. 2003, p. 191,
and inserting in lieu thereof the
following:
"(1)
The delivery system:
(A) Has
has a full-time director and staff and had been fully
operational for at least two years on July 1, 2003;
or
(B) Is administered by the county
administrative office of the courts or the office of the court administrator of
the superior court and had been fully operational for at least two years on July
1,
2003;".
SECTION 25.
Title 35 of the Official Code of Georgia Annotated, relating
to law enforcement officers and agencies, is amended by adding a new Chapter 6
to read as follows:
"CHAPTER
6
35-6-1.
There is created the
State Victim Services Commission. Such commission shall be responsible for
developing a comprehensive state plan for assisting men, women, and children who
are victims of crime through the distribution of the fine surcharges imposed for
local victim assistance
programs.
35-6-2.
(a) The
State Victim Services Commission shall consist of 15 members as
follows:
(1) The executive director of the Prosecuting
Attorneys´
Council of Georgia or his or her designee;
(2) The
president of the Georgia
Sheriffs´
Association or his or her designee;
(3) The executive
director of the Criminal Justice Coordinating Council or his or her
designee;
(4) The chairperson of the Georgia
Commission on Family Violence or his or her
designee;
(5) The executive director of the Georgia
Coalition Against Domestic Violence or his or her
designee;
(6) The executive director of the
Association County Commissioners of Georgia or his or her
designee;
(7) The executive director of the
Children´s
Advocacy Centers of Georgia or his or her designee;
(8)
The executive director of the Georgia Superior Court
Clerks´
Cooperative Authority or his or her designee;
(9) The
executive director of the Georgia Association of Homes and Services for Children
or his or her designee;
(10) The executive director of
the Georgia Municipal Association or his or her
designee;
(11) The executive director of the Georgia
Network to End Sexual Assault or his or her
designee;
(12) A district attorney appointed by the
Prosecuting
Attorneys´
Council of Georgia;
(13) One member appointed by the
Governor;
(14) One member appointed by the Lieutenant
Governor; and
(15) One member appointed by the Speaker
of the House of Representatives.
(b) The term of
appointment shall be three years for initial members appointed in accordance
with the provisions of paragraphs (13) and (15) of subsection (a) of this Code
section. The term of appointment shall be two years for initial members
appointed in accordance with the provisions of paragraphs (12) and (14) of
subsection (a) of this Code section. The letter of appointment shall set out
the term for which each member is appointed. Thereafter, each member shall be
appointed for a term of two years, and no member may serve more than two
consecutive terms. All vacancies shall be filled for the unexpired term by an
appointee of the original appointing official.
(c) The
commission shall elect a chairperson, vice chairperson, and a secretary from
among its members for terms of two years, and any member shall be eligible for
successive election to such office by the
commission.
(d) The commission shall hold regular
meetings at such times and such places as it may deem necessary or convenient to
enable the commission to exercise fully and effectively its powers, perform its
duties, and accomplish the objectives and purposes of this chapter. Special
meetings may be called by the chairperson or a majority of the members of the
commission.
(e) A quorum for transacting business
shall be determined by the members of the
commission.
(f) The members of the commission shall
serve without compensation or expense
reimbursement.
35-6-3.
(a)
The State Victim Services Commission shall have the following powers and
duties:
(1) To review the financial reports submitted
pursuant to Code Section 15-21-132 concerning local victim assistance
programs;
(2) To assess the degree of compliance of
the courts in collecting and forwarding funds authorized to be collected
pursuant to Article 8 of Chapter 21 of Title 15;
(3)
To review and determine the extent to which county governing authorities collect
funds from the courts and distribute such funds to victim services
programs;
(4) To assess the extent to which such funds
are utilized by such victim services programs to provide direct services to
victims of crimes;
(5) To recommend changes in
legislation that will ensure compliance in the collection, distribution, and use
of victim assistance funds as needed; and
(6) To
recommend as necessary and advisable rules and regulations for the collection
and distribution of funds by court officers pursuant to Article 8 of Chapter 21
of Title 15.
(b) The commission may establish a victim
services ombudsman program, provided that funds are appropriated by the General
Assembly for such purpose or the commission receives sufficient funds from
private grants or donations to fund such
program.
35-6-4.
(a) The
state auditor is authorized and directed to assist the State Victim Services
Commission in the discharge of its duties set forth in this
chapter.
(b) Any victim assistance program, including
programs operated by public officers, that receives funds pursuant to Article 8
of Chapter 21 of Title 15 shall make available to the State Victim Services
Commission, the state auditor, or such other persons as the State Victim
Services Commission may designate all books and records of all receipts, income,
and expenditures of such funds. The commission and its designees shall be
authorized to inspect and make abstracts of records of services provided to
victims of crimes by any victim assistance program, including programs operated
by public officers, that receives funds pursuant to Article 8 of Chapter 21 of
Title 15, provided that the commission and its designees shall not disclose the
content of individually identifiable records that contain information that is
privileged or confidential under the laws of this state or federal
law."
SECTION 26.
Title 42 of the Official Code of Georgia Annotated, relating
to penal institutions, is amended by striking subsection (d) of Code Section
42-8-34, relating to determination and disposition of probation, and inserting
in its place a new subsection to read as
follows:
"(d)(1)
In every case that a court of this state or any other state sentences a
defendant to probation or any pretrial release or diversion program under the
supervision of the department, in addition to any fine or order of restitution
imposed by the court, there shall be imposed a probation fee as a condition of
probation, release, or diversion in the amount equivalent to $23.00 per each
month under supervision, and in addition, a one-time fee of $50.00 where such
defendant was convicted of any felony. The probation fee may be waived or
amended after administrative process by the department and approval of the
court, or upon determination by the court, as to the undue hardship, inability
to pay, or any other extenuating factors which prohibit collection of the fee;
provided, however, that the imposition of sanctions for failure to pay fees
shall be within the discretion of the court through judicial process or
hearings. Probation fees shall be waived on probationers incarcerated or
detained in a departmental or other confinement facility which prohibits
employment for wages. All probation fees collected by the department shall be
paid into the general fund of the state treasury, except as provided in
subsection (f) of Code Section 17-15-13, relating to sums to be paid into the
Georgia Crime Victims Emergency Fund. Any fees collected by the court under
this paragraph shall be remitted not later than the last day of the month after
such fee is collected to the Superior Court
Clerks´
Cooperative Authority for deposit into the general fund of the state
treasury.
(2) In addition to any other provision
of law, any person convicted of a violation of Code Section 40-6-391 or
subsection (b) of Code Section 16-13-2 who is sentenced to probation or a
suspended sentence by a municipal, magistrate, probate,
recorder´s,
mayor´s,
state, or superior court shall also be required by the court to pay a one-time
fee of $25.00. The clerk of court, or if there is no clerk the person designated
to collect fines, fees, and forfeitures for such court, shall collect such fee
and remit the same to the general fund of the state treasury
not later than the tenth last day of the month after
such fee is collected and shall be subject to rule and attachment in the
same manner as clerks of superior court for failure to so collect and
remit to the Georgia Superior Court
Clerks´
Cooperative Authority for deposit into the general fund of the state
treasury."
SECTION 27.
(a) Sections 1 through 16, Sections 25 and 26, this
section, and Section 28 of this Act shall become effective upon approval of this
Act by the Governor or upon its becoming law without such
approval.
(b) Section 17 of this Act shall become
effective on January 1, 2005; provided, however, that for purposes of the
appointment of the members of the circuit public defender selection panels in
conformity with Section 17 of this Act as may be necessary or appropriate to
prepare for and phase in full implementation of Article 2 of Chapter 12 of Title
17 of the Official Code of Georgia Annotated as enacted by Ga. L. 2003, p. 191,
Section 17 of this Act shall become effective upon approval of this Act by the
Governor or upon its becoming law without such
approval.
(c) Sections 18 through 24 of this Act shall
become effective on January 1, 2005.
SECTION 28.
All laws and parts of laws in conflict with this Act are
repealed.
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