09 LC
35 1279S/AP
House
Bill 226 (AS PASSED HOUSE AND SENATE)
By:
Representatives Cheokas of the
134th,
Barnard of the
166th,
Lane of the
158th,
Black of the
174th,
Sellier of the
136th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 42-8-35.4 of the Official Code of Georgia Annotated, relating
to confinement in probation detention center, so as to change provisions
relating to the sentencing and confinement of certain defendants in a probation
detention center; to permit credit for time served in confinement while awaiting
confinement in a probation detention center; to provide for related matters; to
provide for an effective date and applicability; to repeal conflicting laws; and
for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 42-8-35.4 of the Official Code of Georgia Annotated, relating to
confinement in probation detention center, is amended by revising subsection (a)
as follows:
"(a)
In addition to any other terms and conditions of probation provided for in this
article, the trial judge may require that a defendant convicted of a felony and
sentenced to a period of not less than one year on probation or a defendant who
has been previously sentenced to probation for a forcible misdemeanor as defined
in paragraph (7) of Code Section 16-1-3 or a misdemeanor of a high and
aggravated nature and has violated probation or other probation alternatives and
is subsequently sentenced to a period of not less than one year on probation
shall complete satisfactorily, as a condition of that probation, a program of
confinement in a probation detention center. Probationers so sentenced will be
required to serve
a
the
period of confinement
as
specified in the court
order,
which confinement period shall be computed from the date of initial confinement
in the probation detention
center."
SECTION
2.
This
Act shall become effective on July 1, 2009, and shall apply to probationers
sentenced on or after such date.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.