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SB 429 - Sentence & Punishment - relating to earned time allowances

Tanksley, Charles B (32nd)	Thompson, Steve (33rd)	Johnson, Eric B (1st)
Perdue, Sonny (18th)

Status Summary	SC:	Corr	HC:	SI&P	FR:	02/09/00	LA:	04/28/00	Signed by Governor

First Reader Summary

A bill to be entitled an Act to amend Chapter 10 of Title 17 and Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating respectively to sentence and punishment and penal institutions, so as to change provisions for earned time allowances based upon institutional behavior for certain inmates confined as county inmates for probation violations of felony offenses or after conviction for certain offenses and misdemeanors; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.

Code Sections - 42-4-7

SB 429 00                                        LC 22 3892ER 
 
      SENATE BILL 429 
 
      By:  Senators Tanksley of the 32nd, Thompson of the 33rd, 
           Johnson of the 1st and Perdue of the 18th 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Chapter 10 of Title 17 and Chapter 4 of Title 42 
  1- 2  of the Official Code of Georgia Annotated, relating 
  1- 3  respectively to sentence and punishment and penal 
  1- 4  institutions, so as to change provisions for earned time 
  1- 5  allowances based upon institutional behavior for  certain 
  1- 6  inmates confined as county inmates for probation violations 
  1- 7  of felony offenses or after conviction for certain offenses 
  1- 8  and misdemeanors; to provide for an effective date and for 
  1- 9  applicability; to repeal conflicting laws; and for other 
  1-10  purposes. 
 
  1-11       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-12                           SECTION 1. 
 
  1-13  Chapter 10 of Title 17 of the Official Code of Georgia 
  1-14  Annotated, relating to sentence and punishment, is amended 
  1-15  in Code Section 17-10-4, relating to punishment for 
  1-16  misdemeanors of a high and aggravated nature, by striking 
  1-17  subsection (b) in its entirety, and inserting in its place 
  1-18  the following: 
 
  1-19    "(b) Notwithstanding any laws to the contrary, a person 
  1-20    sentenced for a misdemeanor of a high and aggravated 
  1-21    nature shall be entitled to only may earn no more than 
  1-22    four days per month earned time allowance." 
 
  1-23                           SECTION 2. 
 
  1-24  Chapter 4 of Title 42 of the Official Code of Georgia 
  1-25  Annotated,  relating to penal institutions, is amended by 
  1-26  striking in its entirety Code Section 42-4-7, relating to 
  1-27  maintenance of inmate records and good-time allowances, and 
  1-28  inserting in lieu thereof the following: 
 
  1-29    "42-4-7. 
 
  1-30    (a) The sheriff shall keep a record of all persons 
  1-31    committed to the jail of the county of which he or she is 
  1-32    sheriff. This record shall contain the name of the person 
  1-33    committed, such person's age, sex, race, under what 
 
 
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  2- 1    process such person was committed and from what court the 
  2- 2    process issued, the crime with which the person was 
  2- 3    charged, the date of such person's commitment to jail, the 
  2- 4    day of such person's discharge, under what order such 
  2- 5    person was discharged, and the court from which the order 
  2- 6    issued. This record shall be subject to examination by any 
  2- 7    person in accordance with the provisions of Article 4 of 
  2- 8    Chapter 18 of Title 50, relating to the inspection of 
  2- 9    public records. 
 
  2-10      (b)(1) The sheriff, chief jailer, warden, or other 
  2-11      officer designated by the county as custodian of inmates 
  2-12      confined as county inmates for probation violations of 
  2-13      felony offenses or as provided in subsection (a) of Code 
  2-14      Section 17-10-3 shall may award good-time earned time 
  2-15      allowances to such inmates based on institutional 
  2-16      behavior.  Good-time Earned time allowances shall not be 
  2-17      awarded which exceed one-half of the period of 
  2-18      confinement imposed. 
 
  2-19      (2) Upon receipt of While an inmate sentenced to 
  2-20      confinement as a county inmate is in custody as a county 
  2-21      inmate, the custodian of such inmate shall compute the 
  2-22      maximum good-time may award an earned time allowance 
  2-23      that such inmate may earn.  The custodian may make 
  2-24      appropriate deductions from such maximum earnable 
  2-25      good-time allowance consistent with this subsection and 
  2-26      subsection (b) of Code Section 17-10-4 based on the 
  2-27      institutional behavior of such inmate while in custody 
  2-28      as a county inmate. 
 
  2-29      (3) An inmate sentenced to confinement as a county 
  2-30      inmate shall be released at the expiration of his or her 
  2-31      sentence less the time deducted for good-time earned 
  2-32      time allowances. 
 
  2-33    (c) Commencing January 1, 1984, those provisions of 
  2-34    subsection (b) of this Code section which provide for 
  2-35    good-time allowances to be awarded to inmates sentenced to 
  2-36    confinement as county inmates as provided in subsection 
  2-37    (a) of Code Section 17-10-3 shall apply to all such 
  2-38    inmates in confinement on December 31, 1983, and all 
  2-39    inmates who commit crimes on or after January 1, 1984, and 
  2-40    are subsequently convicted and sentenced to confinement as 
  2-41    county inmates. Conversion of the computation of the 
  2-42    sentences of county inmates in confinement on December 31, 
  2-43    1983, from earned-time earned time governed sentences to 
  2-44    good-time governed sentences shall be made by the sheriff 
 
 
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  3- 1    or other custodian of such inmates. Commencing July 1, 
  3- 2    1994, those provisions of subsection (b) of this Code 
  3- 3    section which provide for good-time allowances to be 
  3- 4    awarded to inmates sentenced to confinement as county 
  3- 5    inmates for probation violations of felony offenses shall 
  3- 6    apply to all such inmates in confinement on June 30, 1994, 
  3- 7    and all inmates whose probation is revoked or who commit 
  3- 8    crimes on or after July 1, 1994, and are subsequently 
  3- 9    sentenced to confinement as county inmates.  Commencing 
  3-10    July 1, 2000, the award of earned time allowances pursuant 
  3-11    to subsection (b) of this Code section for persons who 
  3-12    commit crimes on or after July 1, 2000, and are 
  3-13    subsequently convicted and sentenced to confinement as 
  3-14    county inmates and inmates whose probation is revoked on 
  3-15    or after July 1, 2000, or who commit crimes on or after 
  3-16    July 1, 2000, and are subsequently sentenced to 
  3-17    confinement as county inmates is not automatic or 
  3-18    mandatory but shall be based upon institutional behavior." 
 
  3-19                           SECTION 3. 
 
  3-20  This Act shall become effective on July 1, 2000, and shall 
  3-21  apply to persons who commit crimes on or after such date and 
  3-22  who are subsequently convicted and sentenced to confinement 
  3-23  as county inmates and to persons whose probation is revoked 
  3-24  on or after such date or who commit crimes on or after such 
  3-25  date and who subsequently are sentenced to confinement as 
  3-26  county inmates. 
 
  3-27                           SECTION 4. 
 
  3-28  All laws and parts of laws in conflict with this Act are 
  3-29  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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