HB 1239 - Indigent Defense Council; mental health advocacy division
Georgia House of Representatives - 1995/1996 Sessions
HB 1239 - Indigent Defense Council; mental health advocacy division
Page Numbers - 1/ 2/ 3
1. Martin 47th 2. Walker 141st 3. Chambless 163rd
4. Bostick 165th 5. Allen 117th 6. Kinnamon 4th
House Comm: Judy / Senate Comm: Judy /
House Vote: Yeas 136 Nays 25 Senate Vote: Yeas 47 Nays 0
----------------------------------------
House Action Senate
----------------------------------------
1/10/96 Read 1st Time 1/25/96
1/11/96 Read 2nd Time 2/15/96
1/22/96 Favorably Reported 2/14/96
Sub Committee Amend/Sub
1/24/96 Read 3rd Time 3/7/96
1/24/96 Passed/Adopted 3/7/96
CS Comm/Floor Amend/Sub
3/20/96 Sent to Governor
4/25/96 Signed by Governor
1048 Act/Veto Number
7/1/96 Effective Date
----------------------------------------
Code Sections amended: 17-12-45, 17-12-46, 17-12-47, 17-12-48, 17-12-49,
17-12-50, 17-12-51
HB 1239 LC 22 1979S
______________________________ offers the following
substitute to HB 1239:
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Article 2 of Chapter 12 of Title 17 of the Official
1- 2 Code of Georgia Annotated, known as "The Georgia Indigent
1- 3 Defense Act," so as to create the mental health advocacy
1- 4 division of the Georgia Indigent Defense Council; to provide
1- 5 for its purpose, powers and duties, and existence as a legal
1- 6 entity; to provide for responsibilities of the council and
1- 7 the council's director; to provide for a budget; to provide
1- 8 for appointment, qualifications, and compensation of the
1- 9 mental health advocate; to provide for employment of
1-10 personnel; to provide for representation of persons prior to
1-11 and after a finding of not guilty by reason of insanity at
1-12 the time of the crime; to provide for related matters; to
1-13 repeal conflicting laws; and for other purposes.
1-14 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
1-15 Article 2 of Chapter 12 of Title 17 of the Official Code of
1-16 Georgia Annotated, known as "The Georgia Indigent Defense
1-17 Act," is amended by inserting at the end of such article the
1-18 following:
1-19 "17-12-45. (Index)
1-20 There is created the mental health advocacy division of
1-21 the Georgia Indigent Defense Council for the purpose of
1-22 undertaking the representation of indigent persons found
1-23 not guilty by reason of insanity at the time of the crime
1-24 in any court in this state. The division shall serve all
1-25 counties of this state.
1-26 17-12-46. (Index)
1-27 The mental health advocacy division shall be a legal
1-28 entity; shall have perpetual existence; may contract; may
1-29 own property; may accept funds, grants, and gifts from any
1-30 public or private source, which funds shall be used to
1-31 defray the expenses incident to implementing its purposes;
1-32 and may establish a principal office.
-1- (Index)
LC 22 1979S
2- 1 17-12-47. (Index)
2- 2 The Georgia Indigent Defense Council and the council's
2- 3 director shall be responsible for management of the
2- 4 division. Managerial duties shall include, but are not
2- 5 limited to, the following:
2- 6 (1) Appointment of the mental health advocate;
2- 7 (2) Establishing the salaries of the mental health
2- 8 advocate and the division's staff;
2- 9 (3) Approving the level of staffing and establishing
2-10 policy consistent with the intent of Code Sections
2-11 17-12-45, 17-12-46, 17-12-48 through 17-12-51, and this
2-12 Code section; and
2-13 (4) Preparing an annual budget for the division,
2-14 administering the funds made available to the division,
2-15 and overseeing the expenditure of such funds.
2-16 17-12-48. (Index)
2-17 The council and its director shall prepare an annual
2-18 budget showing all anticipated expenses of the division
2-19 for the following fiscal year, which shall be the same as
2-20 the fiscal year of this state. Such budget may be
2-21 submitted by the mental health advocate.
2-22 17-12-49. (Index)
2-23 The mental health advocate shall be appointed by and
2-24 shall serve at the pleasure of the council. The mental
2-25 health advocate must have been licensed to practice law in
2-26 this state for at least five years and must be competent
2-27 to counsel and represent a person found not guilty by
2-28 reason of insanity at the time of the crime. The salary
2-29 of the mental health advocate shall be established by the
2-30 council.
2-31 17-12-50. (Index)
2-32 The mental health advocate shall employ, with the advice
2-33 and consent of the council and its director and in the
2-34 manner and at the compensation prescribed by the council,
2-35 as many assistant attorneys, clerks, investigators,
2-36 stenographers, and any other persons as may be necessary
2-37 for carrying out the responsibilities assigned to the
d d the d , \“@ d “ \“@ d ú \“@ d a \“@ d È \“@ d / \“@ d –
2-39 section serves at the pleasure of the mental health
2-40 advocate and the council's director.
-2- (Index)
LC 22 1979S
3- 1 17-12-51. (Index)
3- 2 (a) Whenever any person has been found not guilty by
3- 3 reason of insanity at the time of the crime pursuant to
3- 4 Code Section 17-7-131 and has been determined to be
3- 5 indigent, as provided in Article 1 of this chapter, the
3- 6 court in which such charges are pending shall notify the
3- 7 mental health advocacy division of the council and the
3- 8 division may assume the defense and representation of such
3- 9 persons in all matters pursuant to Code Section 17-7-131
3-10 if the resources, funding, and staffing of the division
3-11 allow; provided, however, that the public defender of any
3-12 county or the court appointed attorney who represented the
3-13 indigent at the time of the finding of not guilty by
3-14 reason of insanity at the time of the crime shall have the
3-15 option to retain responsibility for the representation of
3-16 any such person.
3-17 (b) Nothing in this Code section shall prevent the court
3-18 or the court appointed attorney from requesting the
3-19 participation of the division prior to a finding of not
3-20 guilty by reason of insanity at the time of crime. The
3-21 court or the court appointed attorney may request that the
3-22 division assist in the case prior to a plea being entered
3-23 and accepted by the court.
3-24 (c) If for any reason the mental health advocacy division
3-25 is unable to represent any indigent person found not
3-26 guilty by reason of insanity at the time of the crime,
3-27 such representation shall be provided as otherwise
3-28 provided by law."
SECTION 2.
3-29 All laws and parts of laws in conflict with this Act are
3-30 repealed.
-3- (Index)
Office of the Clerk of the House
Robert E. Rivers, Jr., Clerk of the House
Last Updated on 01/02/97