09 LC
35 1214
House
Bill 295
By:
Representatives Lane of the
167th,
Barnard of the
166th,
Dollar of the
45th,
Levitas of the
82nd,
and Weldon of the
3rd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
establish "The Jail and Prison Reimbursement Act"; to amend Code Section 42-4-50
of the Official Code of Georgia Annotated, relating to definitions pertaining to
medical services for inmates in jails, so as to provide for the recovery of
costs for mental health and other related services; to amend Article 3 of
Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to
conditions of detention generally, so as to provide for the reimbursement of
medical and mental health care costs and related costs provided to an inmate by
state, county, and private detention facilities; to provide for the repayment of
designated costs of detention by certain inmates; to provide legislative
findings; to provide a short title; to provide for definitions; to provide for
related matters; to provide an effective date; to repeal conflicting laws; and
for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
The
General Assembly recognizes that the costs of detaining a criminal offender
continues to rise while government resources remain limited. It is further
recognized that many inmates in the detention system have rich sources of income
and assets outside of the detention system which may include bank accounts,
inheritances, real estate, social security payments, veteran's payments, and
other types of financial resources. In recognition of this fact, the daily
subsistence cost of incarcerating inmates, which is a great burden on the
taxpayers of this state, should be reduced by requiring each inmate, who is
financially capable, to pay their fair portion of their costs of
incarceration.
SECTION
2.
This
Act shall be known and may be cited as "The Jail and Prison Reimbursement
Act."
SECTION
3.
Code
Section 42-4-50 of the Official Code of Georgia Annotated, relating to
definitions pertaining to medical services for inmates in jails, is amended in
paragraph (4) as follows:
"(4)
'Medical care'
includes
means
medical attention, dental care,
mental health
care, optometry care, physical or mental health
therapy, and
prescribed
medicine and
prosthesis and necessary and associated
medical,
dental, mental health treatment, or
optometry, costs such as transportation,
hospitalization,
guards, room, and board."
SECTION
4.
Article
3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating
to conditions of detention generally, is amended by revising Code Section
42-5-54, relating to information from inmates relating to medical insurance, as
follows:
"42-5-54.
(a)
As used in this Code section, the term:
(1)
'Detention facility' means a
state,
county, or
private prison, correctional institution,
workcamp, or other
county
detention facility used for the detention
of persons convicted of a felony or a
misdemeanor,
but shall not include a jail.
(2)
'Inmate' means a person who is
lawfully
detained in a detention facility by reason of being convicted of a felony or a
misdemeanor
and who is
insured under existing individual health insurance, group health insurance, or
prepaid medical care coverage or is eligible for benefits under Article 7 of
Chapter 4 of Title 49, the 'Georgia Medical Assistance Act of 1977.' Such term
does not include any sentenced inmate who is the responsibility of the
Department of Corrections.
(3)
'Officer in charge' means the warden, captain, or superintendent
or other
person having the supervision of any
detention facility.
(4)
'Medical care' means medical, dental, mental health, and optometry treatment,
including physical or mental health therapy, prescribed medicine, professional
services, and prosthesis, and all necessary and associated services incidental
to treatment such as transportation, hospitalization, and security.
(b)
The officer in charge or his or her designee may require an inmate to furnish
the following information:
(1)
The existence of any health insurance, group health plan,
dental
insurance, ophthalmological insurance, or
prepaid medical care coverage under which the inmate is insured;
(2)
The eligibility for benefits to which the inmate is entitled under Article 7 of
Chapter 4 of Title 49, the 'Georgia Medical Assistance Act of
1977';
(3)
The name and address of the third-party payor; and
(4)
The policy or other identifying number.
(c)
The officer in charge will provide a sick, injured, or disabled inmate access to
medical services and may arrange for the inmate's health insurance carrier to
pay the health care provider for the medical services rendered.
(d)
The liability for payment for medical care described under subsection (b)
and
(c) of this Code section may not be
construed as requiring payment by any person or entity, except by an inmate
personally or by his or her carrier through coverage or benefits described under
paragraph (1) of subsection (b) of this Code section or by or at the direction
of the Department of Community Health pursuant to paragraph (2) of such
subsection.
(e)
If an inmate is not eligible for health insurance benefits, then the inmate
shall be liable for the costs of medical care provided to the inmate and the
assets and property of such inmate may be subject to levy and execution under
court order to satisfy such costs. An inmate's account maintained by the
detention facility in excess of $100.00 may be attached for payment of medical
care costs owed without a court order. An inmate in a detention facility shall
cooperate with the governing authority in seeking reimbursement under this
article for medical care expenses incurred by the governing authority for that
inmate. An inmate who willfully refuses to cooperate as provided in this Code
section shall not receive or be eligible to receive any good-time allowance or
other reduction of time to be served.
(f)(1)
An attorney for a governing authority may file a civil action to seek
reimbursement from an inmate for the costs of medical care provided to such
inmate while incarcerated.
(2)
A civil action brought under this article shall be instituted in the name of the
officer in charge and shall state the date and place of sentence, the medical
care provided to such inmate, and the amount or amounts due to the governing
authority pursuant to this Code section. The reimbursements secured under this
Code section shall be credited to the general fund of the governing authority to
be available for general fund purposes. Any action brought on behalf of a
private detaining entity shall be considered an action on behalf of the
governing authority detention facility or officer in charge with whom such
private entity has contracted to house the inmate who is the subject of the
civil action.
(3)
If necessary to protect the governing authority's right to obtain reimbursement
under this article against the disposition of known property, the governing
authority in the name of the officer in charge may seek issuance of an ex parte
restraining order to restrain the inmate from disposing of the property pending
a hearing on an order to show cause why the particular property should not be
applied to reimbursement of the governing authority for the costs of medical
care provided to the inmate.
(4)
To protect and maintain the property pending resolution of the matter, the
court, upon request, may appoint a receiver.
(g)
Before entering any order on behalf of the governing authority against the
inmate, the court shall take into consideration any legal obligation of the
inmate to support a spouse, minor children, or other dependents and any moral
obligation to support dependents to whom the inmate is providing or has in fact
provided support.
(h)
The court may enter a money judgment against the inmate and may order that the
inmate's property be liable for reimbursement for the costs of medical care
provided to the inmate. Any order directing payment of an inmate's medical care
cost shall survive against the estate of the inmate.
(i)
The sentencing judge and the sheriff of any county in which an inmate's property
is located shall furnish to the attorney for the governing authority all
information and assistance possible to enable the attorney to secure
reimbursement for the governing authority under this article.
(e)(j)
Nothing in this Code section shall be construed to relieve the governing
authority, governmental unit, subdivision, or agency having the physical custody
of an inmate from its responsibility to pay for any medical and hospital care
rendered to such inmate regardless of whether such individual has been convicted
of a crime."
SECTION
5.
Said
Article is further amended by adding a new Code section as follows:
"42-5-55.1.
(a)
As used in this Code section, the term:
(1)
'Cost of incarceration' means the costs associated with providing room, board,
clothing, food, security, and other normal living expenses for an inmate but
shall not include the costs of medical or mental health care
expenses.
(2)
'Detention facility' means a state, county, municipal, or private correctional
institution, workcamp, work release facility, detention center, jail, or other
facility used for the detention of persons convicted of a felony or a
misdemeanor.
(3)
'Inmate' means a person who is lawfully held in a detention facility by reason
of being charged or convicted of a felony, misdemeanor, or municipal
offense.
(4)
'Officer in charge' means a warden, superintendent, sheriff, or any person
having authority to supervise a detention facility.
(b)
A detention facility is authorized to establish an average per diem cost of
incarceration in an amount not to exceed $40.00 per day. Any inmate held in a
detention facility shall be charged the per diem cost of incarceration for each
24 hour period of incarceration. An inmate shall be liable for the costs of
incarceration.
(c)
The costs and expenses provided for in this Code section may be collected upon
release of the inmate from the detention facility or biannually where the inmate
remains in the custody of a detention facility. Collection of cost of
incarceration may be conducted:
(1)
By deducting payment from an inmate's account maintained by the detention
facility from funds in the account exceeding $100.00;
(2)
By an attorney filing, in the name of the officer in charge on behalf of the
governing authority, a civil action to seek reimbursement from an inmate for the
costs of incarceration, thereby subjecting an inmate's assets and property to
levy and execution under court order; provided, however, before entering any
order on behalf of the governing authority against an inmate, the court may
consider the inmate's ability to pay and take into consideration any legal
obligation of the inmate to support a spouse, minor children, or other
dependents and any moral obligation to support dependents to whom the inmate is
providing or has in fact provided support;
(3)
If the inmate possesses any estate or becomes possessed of any estate, by
petitioning, in the name of the officer in charge, the court having jurisdiction
of the detention facility where the inmate is housed indicating there is good
reason to believe the inmate has such an estate and pray for the appointment of
a guardian, if a guardian has not already been so appointed, and pray the estate
may be subjected to payment to the governing authority of the reimbursement
costs owed the governing authority. If it appears, upon a hearing, that the
inmate has an estate which ought to be subject to the claim of the governing
authority, the court shall make an order requiring the guardian of the estate to
appropriate and apply the estate or such part thereof, as may appear to be
proper toward reimbursing the government authority, to the payment of the cost
of incarceration so far incurred by the governing authority and a part thereof
towards reimbursing the governing authority for the future expenses which shall
be incurred; and
(4)
If the sentencing court sentences an inmate to credit for time served and does
not provide for any additional incarceration or provides for additional
incarceration not to exceed 6 months, by the sentencing court making a
determiniation at the time of sentencing whether the inmate shall be able and
required to pay all or part of the costs of incarceration, said determination
shall include consideration of the provisions set forth in paragraph (2) of this
subsection and shall become a part of the final sentencing order.
(d)
If necessary to protect the governing authority's right to obtain reimbursement
under this Code section against the disposition of known property, the governing
authority may, in the name of the officer in charge, seek issuance of an ex
parte restraining order to restrain the inmate from disposing of the property
pending a hearing on an order to show cause why the particular property should
not be applied to reimbursement of the governing authority for the costs of
incarceration provided to the inmate. To protect and maintain the property
pending resolution of the matter, the court, upon request, may appoint a
receiver.
(e)
An inmate in a detention facility shall cooperate with the personnel of the
detention facility and governing authority in seeking reimbursement under this
Code section for per diem costs. An inmate who willfully refuses to cooperate
as provided in this Code section shall not receive or be eligible to receive any
good-time allowance or other reduction of time to be served.
(f)
The sentencing judge and prosecutor responsible for the inmate's conviction and
the sheriff of any county in which an inmate's property is located shall furnish
to the attorney for the governing authority all information and assistance
possible to enable the attorney to secure reimbursement for the costs and
expenses authorized by this Code section.
(g)
A grant of parole or probation shall be conditioned on the payment of part or
all reimbursements owed under this Code section as determined by the authority
granting parole or providing probation.
(h)
The reimbursements secured under this Code section shall be credited to the
general fund of the governing authority to be available for general fund
purposes. Any action brought on behalf of a private detaining entity and in
the name of such private entity's officer in charge, shall be considered an
action on behalf of the governing authority, detention facility, or officer in
charge with whom such private entity has contracted to house the inmate who is
the subject of the civil action.
(i)
The officer in charge may determine the amount due the detention facility under
this Code section and render a sworn statement thereof. Such a sworn statement
shall be admissible in court as direct evidence of the amount due.
(j)
Nothing in this Code section shall be construed to relieve the governing
authority, state, officer in charge, or any person having the physical custody
of an inmate from its responsibility to pay for any medical and hospital care or
costs of incarceration provided to such inmate regardless of whether such
individual has been convicted of a crime.
(k)
Any order directing payment of all or a fair portion of an inmate's cost of
incarceration shall survive against the estate of the inmate.
(l)
Nothing in this Code section shall be construed to relieve the inmate of any
other court ordered or statutorily required obligation to pay any expense, fine,
fee, restitution, or other costs or amounts. The costs provided for in this
Code section shall be in addition to other such costs and amounts; provided,
however, that the total costs charged shall not exceed actual costs
incurred.
(m)
If an inmate's conviction is subsequently overturned and a final order to that
effect entered, any moneys paid by an inmate pursuant to this Code section shall
be returned by the collecting governmental authority. The amount of funds
returned shall include reasonable interest charges, in an amount not exceeding 5
percent.
(n)
The amounts owed by an inmate pursuant to this Article shall be automatically
deducted from any award, judgement, or taxes owed to such inmate by a governing
authority."
SECTION
6.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
7.
All
laws and parts of laws in conflict with this Act are repealed.