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04 LC 18 3071
Senate Bill
487
By: Senators Hudgens of the 47th, Kemp of the 46th, Hall of the 22nd, Meyer von Bremen of the 12th and Lee of the 29th
AS PASSED SENATE
By: Senators Hudgens of the 47th, Kemp of the 46th, Hall of the 22nd, Meyer von Bremen of the 12th and Lee of the 29th
AS PASSED SENATE
A BILL TO BE
ENTITLED
AN ACT
AN ACT
To amend Chapter 1 of Title 42 of the Official Code of
Georgia Annotated, relating to general provisions regarding penal institutions,
so as to change certain provisions relating to the home arrest program; to
authorize additional types of supervision; to authorize home arrest for pretrial
arrestees; to change the qualifications for home arrest programs; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Chapter 1 of Title 42 of the Official Code of Georgia
Annotated, relating to general provisions regarding penal institutions, is
amended by striking Code Section 42-1-8, relating to home arrest programs, and
inserting in its place a new Code Section 42-1-8 to read as
follows:
"42-1-8.
(a) As used in this Code section, the term:
(1) 'Educational program' means a program of learning recognized by the State Board of Education.
(2) 'Habilitative program' means and includes an alcohol or drug treatment program, mental health program, family counseling, community service, or any other community program ordered or approved by the court having jurisdiction over the offender or by the sheriff.
(3) 'Home arrest' means an electronic monitoring of an offender, or other court approved supervision of an offender, at a residence approved and accepted by the court, the sheriff, or the director or administrator of the home arrest program.
(b) Notwithstanding the provisions of Code Section 42-1-4, any person who is confined in a county jail (1) after conviction and sentencing, (2) pending completion of a presentencing report,or (3) after return for a violation of the terms of
probation, or (4) after arrest, but prior to conviction, may, in the
discretion of the sheriff and subject to the eligibility requirements set forth
in subsection (d) of this Code section, be assigned to a home arrest program
under supervision of the sheriff. If it appears to the court that an offender
subject to its jurisdiction is a suitable candidate for a home arrest program,
the court may, subject to the eligibility requirements of subsection (d) of this
Code section, order the offender to a home arrest program. Further, the sheriff
or the court may authorize the offender to participate in educational or other
habilitative programs designed to supplement home
arrest.
(c) Whenever the sheriff assigns an offender to home arrest, the court which sentenced such offender or before which such offender´s case is pending shall be notified in writing by the sheriff or the director or administrator of the home arrest program to which the offender is assigned of the offender´s place of employment and the location of any educational or habilitative program in which the offender participates. The court, in its discretion, may revoke the authority for any offender to participate in home arrest, whether such offender was assigned to home arrest by the court or the sheriff. The sheriff or home arrest director or administrator may enter into an agreement to accept into the local home arrest program offenders who are sentenced to home arrest or who have met all home arrest standards.
(d) In order to qualify for assignment to a home arrest program, an offender:
(1) May not be subject to any outstanding warrants or orders from any other court or law enforcement agency; or
(2) Shall not have any criminal record or any history within the preceding five years of any assaultive offenses of an aggravated nature, including, but not limited to, aggravated assault; aggravated battery; rape; child molestation; robbery; trafficking or distribution of a controlled substance or marijuana; homicide by vehicle; felony bail-jumping; or escape;
or
(3) May not have any
life-threatening illnesses or disabilities that would interfere with the ability
to work on a regular schedule.
(e) An offender´s employment under this Code section shall be with a legitimate, recognized, and established employer. An offender assigned to a home arrest program who, without proper authority, leaves his or her home or the work area to which he or she is assigned, who leaves or fails to attend an assigned educational or other rehabilitative program, or who leaves the vehicle or route of travel in going to or returning from his or her assigned place of work shall be guilty of a misdemeanor. If the offender leaves the county or the area of restriction, he or she may be found guilty of escape under Code Section 16-10-52. An offender who is found guilty of a misdemeanor under this subsection or of escape shall be ineligible for further participation in a home arrest program during his or her current term of confinement.
"42-1-8.
(a) As used in this Code section, the term:
(1) 'Educational program' means a program of learning recognized by the State Board of Education.
(2) 'Habilitative program' means and includes an alcohol or drug treatment program, mental health program, family counseling, community service, or any other community program ordered or approved by the court having jurisdiction over the offender or by the sheriff.
(3) 'Home arrest' means an electronic monitoring of an offender, or other court approved supervision of an offender, at a residence approved and accepted by the court, the sheriff, or the director or administrator of the home arrest program.
(b) Notwithstanding the provisions of Code Section 42-1-4, any person who is confined in a county jail (1) after conviction and sentencing, (2) pending completion of a presentencing report,
(c) Whenever the sheriff assigns an offender to home arrest, the court which sentenced such offender or before which such offender´s case is pending shall be notified in writing by the sheriff or the director or administrator of the home arrest program to which the offender is assigned of the offender´s place of employment and the location of any educational or habilitative program in which the offender participates. The court, in its discretion, may revoke the authority for any offender to participate in home arrest, whether such offender was assigned to home arrest by the court or the sheriff. The sheriff or home arrest director or administrator may enter into an agreement to accept into the local home arrest program offenders who are sentenced to home arrest or who have met all home arrest standards.
(d) In order to qualify for assignment to a home arrest program, an offender:
(1) May not be subject to any outstanding warrants or orders from any other court or law enforcement agency; or
(2) Shall not have any criminal record or any history within the preceding five years of any assaultive offenses of an aggravated nature, including, but not limited to, aggravated assault; aggravated battery; rape; child molestation; robbery; trafficking or distribution of a controlled substance or marijuana; homicide by vehicle; felony bail-jumping; or escape
(e) An offender´s employment under this Code section shall be with a legitimate, recognized, and established employer. An offender assigned to a home arrest program who, without proper authority, leaves his or her home or the work area to which he or she is assigned, who leaves or fails to attend an assigned educational or other rehabilitative program, or who leaves the vehicle or route of travel in going to or returning from his or her assigned place of work shall be guilty of a misdemeanor. If the offender leaves the county or the area of restriction, he or she may be found guilty of escape under Code Section 16-10-52. An offender who is found guilty of a misdemeanor under this subsection or of escape shall be ineligible for further participation in a home arrest program during his or her current term of confinement.
(f) Any wages earned by an offender in home arrest under
this Code section may, upon order of the court or the sheriff, be paid to the
director or administrator of the home arrest program after standard payroll
deductions required by federal or state law have been withheld. Distribution of
such wages shall be made for the following
purposes:
(1) To defray the cost of home arrest electronic monitoring equipment and supervision provided by the local jail or detention center, or to pay for any damage to the monitoring equipment in the offender´s possession or the failure to return the equipment to the program;
(2) To pay travel and other such expenses of the offender necessitated by his or her home arrest employment or participation in an educational or rehabilitative program;
(3) To provide support and maintenance for the offender´s dependents or to make payments to the local department of family and children services or probation, as appropriate, on behalf of any offender´s dependents receiving public assistance;
(4) To pay any fines, restitution, or other costs ordered by the court; and
(5) Any balance remaining after payment of costs and expenses listed in paragraphs (1) through (4) of this subsection shall be retained to the credit of the offender and shall be paid to him or her upon release from confinement.
(g) No offender participating in home arrest pursuant to this Code section shall be deemed to be an agent, employee, or involuntary servant of the county while working or participating in educational or other habilitative programs or while traveling to or from the place of employment.
(h) Local jails shall qualify for compensation for costs of incarceration of all persons pursuant to this Code section, less any payments from the offender pursuant to subsection (f) of this Code section."
(1) To defray the cost of home arrest electronic monitoring equipment and supervision provided by the local jail or detention center, or to pay for any damage to the monitoring equipment in the offender´s possession or the failure to return the equipment to the program;
(2) To pay travel and other such expenses of the offender necessitated by his or her home arrest employment or participation in an educational or rehabilitative program;
(3) To provide support and maintenance for the offender´s dependents or to make payments to the local department of family and children services or probation, as appropriate, on behalf of any offender´s dependents receiving public assistance;
(4) To pay any fines, restitution, or other costs ordered by the court; and
(5) Any balance remaining after payment of costs and expenses listed in paragraphs (1) through (4) of this subsection shall be retained to the credit of the offender and shall be paid to him or her upon release from confinement.
(g) No offender participating in home arrest pursuant to this Code section shall be deemed to be an agent, employee, or involuntary servant of the county while working or participating in educational or other habilitative programs or while traveling to or from the place of employment.
(h) Local jails shall qualify for compensation for costs of incarceration of all persons pursuant to this Code section, less any payments from the offender pursuant to subsection (f) of this Code section."
SECTION 2.
All laws and parts of laws in conflict with this Act are
repealed.