hb861_LC_29_2880_a_2.html
07 LC 29 2880
House Bill 861
By: Representatives Mills of the 25th, Rogers of the 26th, Collins of the 27th, and Benton of the 31st

A BILL TO BE ENTITLED
AN ACT


To amend Code Section 15-21-77 and Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to funding for indigent defense and legal defense of indigents, respectively, so as to allow certain judicial circuits to have alternative delivery systems which opt out from having a public defender system under certain circumstances; to provide for procedure; to change provisions relating to alternative delivery systems; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Code Section 15-21-77 of the Official Code of Georgia Annotated, relating to funding for indigent defense, is amended by revising subsection (c) as follows:
"(c) Where the Georgia Public Defender Standards Council has approved an alternative delivery system as set forth in Code Section 17-12-36 or 17-12-37, the council shall pay from funds available to the council an amount of funds equal to the amount that would have been allocated to the circuit for the minimum salary of the circuit public defender, the assistant circuit public defenders, the investigator, and the administrative staff, exclusive of benefits, if the circuit was not operating an alternative delivery system."

SECTION 2.
Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to legal defense of indigents, is amended in Code Section 17-12-7, relating to councilmembers, responsibilities, voting, removal, quorum, meetings, officers, and expenses, by revising subsection (d) as follows:
"(d) Unless otherwise provided in this article, a quorum shall be a majority of the members of the council who are then in office, and decisions of the council shall be by majority vote of the members present, except that a majority of the entire council must approve the appointment or removal of the chairperson or removal of a circuit public defender for cause pursuant to Code Section 17-12-20 and an alternative delivery system pursuant to Code Section 17-12-36 or 17-12-37 and other matters as set forth in Code Section 17-12-36 or 17-12-37."

SECTION 3.
Said chapter is further amended by adding a new Code section to read as follows:
"17-12-37.
(a) Notwithstanding the provisions of Code Section 17-12-36, the council shall permit a judicial circuit composed of a single county or two counties to have an alternative delivery system to the one set forth in this article if the governing authority of the county or counties comprising the judicial circuit enacts a resolution agreeing to fund its delivery system and expressing its desire to have an alternative delivery system. A copy of such resolution shall be transmitted by registered or certified mail or statutory overnight delivery to the council with notice of the judicial circuit´s intention to establish an alternative delivery system not later than November 30 of the fiscal year immediately preceding the beginning of the fiscal year in which the judicial circuit intends to begin the alternative delivery system. Notices to the council received after November 30 shall not be effective until the beginning of the second fiscal year following the receipt of the notice. The approval of such alternative delivery system by the council shall not be required.
(b) In the event an alternative delivery system is established, the council shall annually review the operation of such system and determine whether such system is meeting the standards as established by the council and is eligible to continue operating as an alternative delivery system. In the event the council determines that such system is not meeting the standards as established by the council, the council shall provide written notice to such system of the deficiencies and shall provide such system an opportunity to cure such deficiencies.
(c) In the event an alternative delivery system is established, it shall keep and maintain appropriate records, which shall include the number of persons represented; the offenses charged; the outcome of each case; the expenditures made in providing services; and any other information requested by the council."

SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.