Georgia Senate - 1995/1996 Sessions

SB 78 - Felony, Misdemeanor Cases - community service

Page Numbers - 1/ 2/ 3

Code Sections - 42-8-72

1. Taylor  12th           2. Brown  26th             3. Middleton  50th


Senate Comm: Judy       /         House Comm:            /                                          
Senate Vote: Yeas       Nays                                                                        
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              Senate          Action          House                                                 
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             1/12/95   Read 1st time                                                                
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Code Sections amended: 42-8-72                                                                      


SB 78 95                                       LC 14 6316-EC

      SENATE BILL 78

      By:  Senators Taylor of the 12th, Brown of the 26th and
           Middleton of the 50th

                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Chapter 8 of Title 42 of the Official Code of
  1- 2  Georgia Annotated, relating to probation in criminal
  1- 3  sentencing, so as to provide that community service shall be
  1- 4  a condition of probation in all cases involving felonies or
  1- 5  misdemeanors; to provide that community service may be
  1- 6  considered as a condition of probation in other cases; to
  1- 7  provide for sentencing judges to confer with certain parties
  1- 8  to determine an appropriate community service program; to
  1- 9  provide for the number of hours of community service to be
  1-10  required for various types of offenses; to provide for
  1-11  related matters; to provide for the phased-in implementation
  1-12  of this Act over a period of time; to provide for phased-in
  1-13  application prior to a mandatory effective date; to provide
  1-14  for guidelines to be developed by the Judicial Council with
  1-15  the approval of the Supreme Court; to provide for a
  1-16  mandatory effective date and applicability; to repeal
  1-17  conflicting laws; and for other purposes.

  1-18       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1-19  Chapter 8 of Title 42 of the Official Code of Georgia
  1-20  Annotated, relating to probation in criminal sentencing, is
  1-21  amended by striking Code Section 42-8-72, relating to
  1-22  community service as a condition of probation, and inserting
  1-23  in its place a new Code section to read as follows:

  1-24    "42-8-72. (Index)

  1-25    (a) Community service may shall be considered as a
  1-26    condition of probation in all cases involving felonies or
  1-27    misdemeanors and may be considered as a condition of
  1-28    probation in other cases. with primary consideration given
  1-29    to the following categories of offenders: 

  1-30      (1) Traffic violations; 

  1-31      (2) Ordinance violations; 



                              S. B. 78
                                 -1- (Index)

                                               LC 14 6316-EC

  2- 1      (3) Noninjurious or nondestructive, nonviolent
  2- 2      misdemeanors; 

  2- 3      (4) Noninjurious or nondestructive, nonviolent felonies;
  2- 4      and 

  2- 5      (5) Other offenders considered upon the discretion of
  2- 6      the judge.

  2- 7    (b) The judge may shall confer with the prosecutor,
  2- 8    defense attorney, probation supervisor, community service
  2- 9    officer, or other interested persons to determine if the
  2-10    appropriate community service program is appropriate for
  2-11    an offender.  In cases involving traffic or ordinance
  2-12    violations, if If community service is ordered as a
  2-13    condition of probation, the court shall order: (1) Not not
  2-14    less than 20 hours nor more than 250 hours in cases
  2-15    involving traffic or ordinance violations or misdemeanors,
  2-16    said service to  be completed within one year; or.  The
  2-17    court shall order not less than 40 hours nor more than 250
  2-18    hours in cases involving misdemeanors, said service to be
  2-19    completed within one year. (2) The court shall order not
  2-20    Not less than 20 120 hours nor more than 500 hours in
  2-21    felony cases, said service to be completed within three
  2-22    years.

  2-23      (c)(1) Any agency may recommend to the court that
  2-24      certain disabled persons are in need of a live-in
  2-25      attendant.  The judge shall confer with the prosecutor,
  2-26      defense attorney, probation supervisor, community
  2-27      service officer, or other interested persons to
  2-28      determine if a community service program involving a
  2-29      disabled person is appropriate for an offender.  If
  2-30      community service as a live-in attendant for a disabled
  2-31      person is deemed appropriate and if both the offender
  2-32      and the disabled person consent to such service, the
  2-33      court may order such live-in community service as a
  2-34      condition of probation but for no longer than two years.

  2-35      (2) The agency shall be responsible for coordinating the
  2-36      provisions of the cost of food or other necessities for
  2-37      the offender which the disabled person is not able to
  2-38      provide.  The agency, with the approval of the court,
  2-39      shall determine a schedule which will provide the
  2-40      offender with certain free hours each week.

  2-41      (3) Such live-in arrangement shall be terminated by the
  2-42      court upon the request of the offender or the disabled
  2-43      person.  Upon termination of such an arrangement, the

                              S. B. 78
                                 -2- (Index)

                                               LC 14 6316-EC

  3- 1      court shall determine if the offender has met the
  3- 2      conditions of probation.

  3- 3      (4) The appropriate agency shall make personal contact
  3- 4      with the disabled person on a frequent basis to ensure
  3- 5      the safety and welfare of the disabled person.

  3- 6    (d) The judge may order an offender to perform community
  3- 7    service hours in a 40 hour per week work detail in lieu of
  3- 8    incarceration.

  3- 9    (e) Community service hours may be added to original court
  3-10    ordered hours as a disciplinary action by the court or as
  3-11    an additional requirement of any program in lieu of
  3-12    incarceration."

                         SECTION 2.

  3-13  The provisions of this Act may be applied on and after July
  3-14  1, 1995, to offenses committed on or after that date.  The
  3-15  determination with respect to application of this Act during
  3-16  the period beginning July 1, 1995, and ending June 30, 1998,
  3-17  shall be according to guidelines which shall be developed by
  3-18  the Judicial Council after consultation with the Office of
  3-19  Planning and Budget and with the approval of the Supreme
  3-20  Court.  Such guidelines shall:

  3-21      (1) Provide for the phased-in implementation of this Act
  3-22      over the period July 1, 1995, to July 1, 1998;

  3-23      (2) Reflect the levels of fiscal resources available for
  3-24      implementation of this Act; and

  3-25      (3) Provide for equal protection of the law to offenders
  3-26      and classes of offenders to whom this Act is to be
  3-27      applied during the period of phased-in implementation.

                         SECTION 3.

  3-28  This Act shall become effective for all purposes on July 1,
  3-29  1998, and shall then have mandatory application with respect
  3-30  to offenses committed on, after, or prior to that effective
  3-31  date.

                         SECTION 4.

  3-32  All laws and parts of laws in conflict with this Act are
  3-33  repealed.





                              S. B. 78
                                 -3- (Index)