07 LC 29
2567
Senate
Bill 48
By:
Senators Carter of the 13th and Whitehead, Sr. of the 24th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 42-5-50 of the Official Code of Georgia Annotated, relating
to transmittal of information on convicted persons and place of detention, so as
to provide that after a convicted person has remained in custody of the local
jail for a period of 90 days after a request for local custody has been filed on
behalf of such person, the sheriff through the prosecuting attorney may petition
the sentencing court for a hearing to determine whether such convicted person
should be transferred to the custody of the commissioner of corrections; to
provide for notice to the attorney of record for the convicted person; to
provide for certain matters to be considered by the court; to provide that the
court order shall specify the conditions of continued incarceration of the
convicted person; to provide under certain conditions for transfer of the
convicted person to the custody of the commissioner of corrections; 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 42-5-50 of the Official Code of Georgia Annotated, relating to
transmittal of information on convicted persons and place of detention, is
amended by revising subsection (c) as follows:
"(c)(1)
In the event that the attorney for the convicted person shall file a written
request with the court setting forth that the presence of the convicted person
is required within the county of the conviction, or incarceration, in order to
prepare and prosecute properly the appeal of the conviction, the convicted
person shall not be transferred to the correctional institution as provided in
subsection (b) of this Code section.
Except as
otherwise provided in paragraph (2) of this subsection,
in
In
such event the convicted person shall remain in the custody of the local jail or
lockup until all appeals of the conviction shall be disposed of or until the
attorney of record for the convicted person shall file with the trial court an
affidavit setting forth that the presence of the convicted person is no longer
required within the county in which the conviction occurred, or in which the
convicted person is incarcerated, whichever event shall first
occur.
(2)
After a convicted person has remained in custody of the local jail or lockup for
a period of 90 days after a request for local custody has been filed on behalf
of such person as provided in paragraph (1) of this subsection, the sheriff
through the prosecuting attorney may petition the sentencing court for a hearing
to determine whether such convicted person should be transferred to the custody
of the commissioner of corrections. Notice of such petition for hearing shall be
provided to the attorney of record for the convicted person and the commissioner
of corrections by registered or certified mail or statutory overnight delivery,
return receipt requested. The court shall consider the merits of the appeal,
available space in the local jail and Department of Corrections system, whether
any problems or dangers would result from the presence of the convicted person
in the local jail, and any other factors raised by the sheriff or the attorney
of record for the convicted person. The order of the court shall specify whether
the convicted person shall be transferred to the custody of the commissioner of
corrections, remain in the local jail for an additional specified period of
time, or remain in the local jail until all appeals of the conviction shall be
disposed of or the attorney of record for the convicted person shall file with
the trial court an affidavit setting forth that the presence of the convicted
person is no longer required within the county in which the conviction occurred,
or in which the convicted person is incarcerated, whichever of the latter two
events shall first occur. If the court´s order specifies that the convicted
person shall be transferred to the custody of the commissioner of corrections,
the convicted person shall be processed, assigned, and transferred as provided
in subsections (a) and (b) of this Code
section."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.