09 HB
344/AP
House
Bill 344 (AS PASSED HOUSE AND SENATE)
By:
Representatives Davis of the
109th,
Barnard of the
166th,
Jerguson of the
22nd,
and Horne of the
71st
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 42-8-34 of the Official Code of Georgia Annotated, relating
to probation hearings and determinations, referral of cases to probation
supervisors, probation or suspension of a sentence, payment of a fine or costs,
disposition of a defendant prior to a hearing, continuing jurisdiction,
transferal of probation supervision, and probation fees, so as to authorize a
sentencing court to impose an additional charge on a felony defendant sentenced
to a day reporting 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 42-8-34 of the Official Code of Georgia Annotated, relating to probation
hearings and determinations, referral of cases to probation supervisors,
probation or suspension of a sentence, payment of a fine or costs, disposition
of a defendant prior to a hearing, continuing jurisdiction, transferal of
probation supervision, and probation fees, is amended by revising subsection (d)
to read as follows:
"(d)(1)
In every case that a court of this state or any other state sentences a
defendant to probation or any pretrial release or diversion program under the
supervision of the department, in addition to any fine or order of restitution
imposed by the court, there shall be imposed a probation fee as a condition of
probation, release, or diversion in the amount equivalent to $23.00 per each
month under supervision, and in addition, a one-time fee of $50.00 where such
defendant was convicted of any felony. The probation fee may be waived or
amended after administrative process by the department and approval of the
court, or upon determination by the court, as to the undue hardship, inability
to pay, or any other extenuating factors which prohibit collection of the fee;
provided, however, that the imposition of sanctions for failure to pay fees
shall be within the discretion of the court through judicial process or
hearings. Probation fees shall be waived on probationers incarcerated or
detained in a departmental or other confinement facility which prohibits
employment for wages. All probation fees collected by the department shall be
paid into the general fund of the state treasury, except as provided in
subsection (f) of Code Section 17-15-13, relating to sums to be paid into the
Georgia Crime Victims Emergency Fund. Any fees collected by the court under
this paragraph shall be remitted not later than the last day of the month after
such fee is collected to the Georgia Superior Court Clerks' Cooperative
Authority for deposit into the general fund of the state treasury.
(2)
In addition to any other provision of law, any person convicted of a violation
of Code Section 40-6-391 or subsection (b) of Code Section 16-13-2 who is
sentenced to probation or a suspended sentence by a municipal, magistrate,
probate, recorder's, mayor's, state, or superior court shall also be required by
the court to pay a one-time fee of $25.00. The clerk of court, or if there is
no clerk the person designated to collect fines, fees, and forfeitures for such
court, shall collect such fee and remit the same not later than the last day of
the month after such fee is collected to the Georgia Superior Court Clerks'
Cooperative Authority for deposit into the general fund of the state
treasury.
(3)
In addition to any fine, fee, restitution, or other amount ordered, the
sentencing court may also impose as a condition of probation for felony criminal
defendants sentenced to a day reporting center an additional charge, not to
exceed $10.00 per day for each day such defendant is required to report to a day
reporting center; provided, however, that no fee shall be imposed or collected
if the defendant is unemployed or has been found indigent by the sentencing
court. The charges required by this paragraph shall be paid by the probationer
directly to the department. Funds collected by the department pursuant to this
subsection shall only be used by the department in the maintenance and operation
of the day reporting center
program."
SECTION
2.
This
Act shall become effective on July 1, 2009, and shall apply to persons convicted
on or after such date.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.