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To amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to provide for use of inmate labor to remove certain graffiti from private property as a form of compensation to innocent victims of criminal trespass or criminal damage to property in the second degree; to expressly provide that sovereign immunity is not waived relative thereto; to provide that local government graffiti removal programs shall not charge certain fees; to define a term; to provide legislative findings and declarations; to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to change certain provisions relating to use of inmates for private gain; to change certain provisions regarding inmate accounts; to change certain provisions relating to hiring out of inmates, sales of products produced by inmates, disposition of proceeds, and payments to inmates for services; to repeal conflicting laws; and for other purposes.

17-15A-1.
The provisions of this chapter are enacted pursuant Article III, Section VI, Paragraph VI(f) of the Constitution and are in addition to those provisions for compensation of innocent victims of other crimes under Chapter 15 of this title.

17-5A-2.
As used in this chapter, the term 'graffiti' means any inscriptions, words, figures, paintings, or other defacements that are written, marked, etched, scratched, sprayed, drawn, painted, or engraved on or otherwise affixed to any surface of real property or improvements thereon without prior authorization of the owner or occupant of the property by means of any aerosol paint container, broad-tipped marker, gum label, paint stick, graffiti stick, etching equipment, brush, or other device capable of scarring or leaving a visible mark on any surface.

17-15A-3.
The General Assembly finds and declares that:
(1) Criminal street gang activity is a serious and continuing public safety concern;
(2) Criminal trespass and criminal damage to property in the second degree caused by graffiti being placed unlawfully upon private property are crimes frequently associated with criminal street gang activity; and
(3) It is in the public interest, not only in the pursuit of justice but also as a means of combating such criminal street gang activity and of contributing to the general public welfare by improving the esthetics of public views, to compensate as provided in this chapter those private property owners who are the innocent victims of such criminal trespass or criminal damage to property in the second degree by using inmate labor to remove or obliterate graffiti unlawfully placed on private properties when such graffiti is visible from public roads or other public property.

17-15A-4.
(a) In order to provide a form of compensation by the state to innocent victims of criminal trespass in violation of Code Section 16-7-21 or criminal damage to property in the second degree in violation of Code Section 16-7-23, either of which crime involved the unlawful placement of graffiti upon private property by a person who was not the owner of such property, the Board of Corrections or any political subdivision of this state may authorize the use of labor by inmates from any penal institution or jail under its authority to remove or obliterate such unlawfully placed graffiti when such graffiti is visible from any public road or other public property. Any such authorization and related supervision of inmates shall be a discretionary function within the meaning of paragraph (2) of Code Section 50-21-24 for purposes of sovereign immunity, and the sovereign immunity of neither the state nor any political subdivision thereof is waived for any loss arising out of such authorization or related supervision of inmates. The Board of Corrections shall provide rules and regulations governing such use of labor by inmates from institutions under its jurisdiction.
(b) No graffiti removal program operated by any political subdivision of this state shall charge any fee to any property owner or operator for removal of graffiti from such property."

Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by striking subsection (d) of Code Section 42-1-5, relating to use of inmates for private gain, and inserting in lieu thereof the following:
"(d) This Code section shall not apply to:
(1) Work on private property because of natural disasters;
(1.1) Work on private property as a form of victim compensation in accordance with Chapter 15A of Title 17;
(2) Work or other programs or releases which have the prior approval of the board or commissioner of corrections;
(3) Community service work programs; or
(4) Work-release programs."

Said title is further amended by striking subsection (a) and subsection (b) of Code Section 42-5-55, relating to payments for certain damages and medical costs from inmate accounts, and inserting in lieu thereof the following:
"(a) As used in this Code section, the term:
(1) 'Detention facility' means a state, or county, or private correctional institution, workcamp, or other state or county detention facility used for the detention of persons convicted of a felony or a misdemeanor.
(2) 'Inmate' means a person who is detained in a detention facility by reason of being convicted of a felony or a misdemeanor.
(3) 'Medical treatment' means each visit initiated by the inmate to an institutional physician; physician´s extender, including a physician´s assistant or a nurse practitioner; registered nurse; licensed practical nurse; medical assistant; dentist; dental hygienist; optometrist; or psychiatrist for examination or treatment.
(4) 'Officer in charge' means the warden, captain, or superintendent having the supervision of any detention facility.
(b) The commissioner or, in the case of a county or private facility, the officer in charge may establish by rules or regulations criteria for a reasonable deduction from money credited to the account of an inmate to:
(1) Repay the costs of:
(A) Public property or private property in the case of an inmate housed in a private correctional facility willfully damaged or destroyed by the inmate during his or her incarceration;
(B) Medical treatment for injuries inflicted by the inmate upon himself or herself or others;
(C) Searching for and apprehending the inmate when he or she escapes or attempts to escape; such costs to be limited to those extraordinary costs incurred as a consequence of the escape; or
(D) Quelling any riot or other disturbance in which the inmate is unlawfully involved; or
(2) Defray the costs paid by the state or county for medical treatment for an inmate when the request for medical treatment has been initiated by the inmate.

Said title is further amended by striking subsection (e) of Code Section 42-5-60, relating to hiring out of inmates, sales of products produced by inmates, disposition of proceeds, and payments to inmates for services, and inserting in lieu thereof the following:
"(e) The department or any state correctional institution or county correctional institution operating under jurisdiction of the board shall be authorized to require inmates coming into its custody to labor on the public roads or public works or in such other manner as the board may deem advisable, including without limitation any labor authorized under Chapter 15A of Title 17. The department may also contract with municipalities, cities, counties, the Department of Transportation, or any other political subdivision, public authority, public corporation, or agency of state or local government created by law, which entities are authorized by this Code section to contract with the department, for the construction, repair, or maintenance of roads, bridges, public buildings, and any other public works by use of penal labor."