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SB 218 - Probation - one-time fee when de- fendent placed on probation

Thompson, Steve (33rd)	Stokes, Connie (43rd)	Tanksley, Charles B (32nd)

Status Summary	SC:	Corr	HC:	SI&P	FR:	02/24/99	LA:	05/03/99	Signed by Governor

First Reader Summary

A bill to amend Code Section 42-8-34 of the Official Code of Georgia Annotated, relating to imposition of probation in criminal cases, so as to provide for the imposition of a new one-time fee when a defendant is placed on probation or another program under the supervision of the Department of Corrections.

SB 218 99                                            SB218/AP 
 
      SENATE BILL 218 
 
      By:  Senators Thompson of the 33rd, Stokes of the 43rd and 
           Tanksley of the 32nd 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Code Section  42-8-34 of the Official Code of 
  1- 2  Georgia Annotated, relating to imposition of probation in 
  1- 3  criminal cases, so as to provide for the imposition of a new 
  1- 4  one-time fee when a defendant is placed on probation or 
  1- 5  another program under the supervision of the Department of 
  1- 6  Corrections;  to provide for new one-time fees in connection 
  1- 7  with probated and suspended sentences in certain courts; to 
  1- 8  provide for related matters; to repeal conflicting laws; and 
  1- 9  for other purposes. 
 
  1-10       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-11                           SECTION 1. 
 
  1-12  Code Section  42-8-34 of the Official Code of Georgia 
  1-13  Annotated, relating to imposition of probation in criminal 
  1-14  cases, is amended by striking subsection (d) and inserting 
  1-15  in its place a new subsection to read as follows: 
 
  1-16      "(d)(1) In every case that a court of this state or any 
  1-17      other state sentences a defendant to probation or any 
  1-18      pretrial release or diversion program under the 
  1-19      supervision of the department, in addition to any fine 
  1-20      or order of restitution imposed by the court, there 
  1-21      shall be imposed a probation fee as a condition of 
  1-22      probation, release, or diversion in the amount 
  1-23      equivalent to $23.00 per each month under supervision, 
  1-24      and in addition, a one-time fee of $25.00 to be imposed 
  1-25      where such defendant was convicted of a violation of 
  1-26      Code Section 40-6-391 or subsection (b) of Code Section 
  1-27      16-13-2, or $50.00 where such defendant was convicted of 
  1-28      any felony.  The probation fee may be waived or amended 
  1-29      after administrative process by the department and 
  1-30      approval of the court, or upon determination by the 
  1-31      court, as to the undue hardship, inability to pay, or 
  1-32      any other extenuating factors which prohibit collection 
  1-33      of the fee; provided, however, that the imposition of 
  1-34      sanctions for failure to pay fees shall be within the 
  1-35      discretion of the court through judicial process or 
 
 
                                 -1- 
 
 
 
  2- 1      hearings. Probation fees shall be waived on probationers 
  2- 2      incarcerated or detained in a departmental or other 
  2- 3      confinement facility which prohibits employment for 
  2- 4      wages.  All probation fees collected by the department 
  2- 5      shall be paid into the general fund of the state 
  2- 6      treasury, except as provided in subsection (f) of Code 
  2- 7      Section 17-15-13, relating to sums to be paid into the 
  2- 8      Georgia Crime Victims Emergency Fund. 
 
  2- 9      (2) In addition to any other provision of law, any 
  2-10      person convicted of a violation of Code Section 40-6-391 
  2-11      or subsection (b) of Code Section 16-13-2 who is 
  2-12      sentenced to probation or a suspended sentence by a 
  2-13      municipal, magistrate, probate, or state court shall 
  2-14      also be required by the court to pay a one-time fee of 
  2-15      $25.00. The clerk of court, or if there is no clerk the 
  2-16      person designated to collect fines, fees, and 
  2-17      forfeitures for such court, shall collect such fee and 
  2-18      remit the same to the general fund of the state treasury 
  2-19      not later than the tenth day of the month after such fee 
  2-20      is collected and shall be subject to rule and attachment 
  2-21      in the same manner as clerks of superior court for 
  2-22      failure to so collect and remit." 
 
  2-23                           SECTION 2. 
 
  2-24  This Act shall become effective July 1, 1999, and shall 
  2-25  apply with respect to sentences entered on or after that 
  2-26  effective date. 
 
  2-27                           SECTION 3. 
 
  2-28  All laws and parts of laws in conflict with this Act are 
  2-29  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -2-