09 LC 21
0348
House
Bill 619
By:
Representative Cox of the
102nd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating
to probation, so as to repeal the creation and powers and duties of the County
and Municipal Probation Advisory Council; to provide that private companies
contracting for probation services shall register with the Secretary of State
and pay an annual registration fee; to provide for related matters; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
8 of Title 42 of the Official Code of Georgia Annotated, relating to probation,
is amended by revising subsection (a) of Code Section 42-8-100, relating to
agreements between chief judges of county courts or judges of municipal courts
and corporations, enterprises, or agencies for probation services, as
follows:
"(a)
As used in this article, the term:
(1)
'Council'
means the County and Municipal Probation Advisory Council created under Code
Section 42-8-101.
(2)
'Private probation officer' means a probation officer employed by a private
corporation, private enterprise, private agency, or other private entity that
provides probation services.
(3)(2)
'Probation officer' means a person employed to supervise defendants placed on
probation by a county or municipal court for committing an ordinance violation
or misdemeanor."
SECTION
2.
Said
chapter is further amended by repealing Code Section 42-8-101, relating to the
County and Municipal Probation Advisory Council and designating said Code
section as reserved.
SECTION
3.
Said
chapter is further amended by revising Code Section 42-8-102, relating to
uniform professional standards and uniform contract standards, as
follows:
"42-8-102.
(a)
The uniform professional standards contained in this subsection shall be met by
any person employed as and using the title of a private probation officer or
probation officer. Any such person shall be at least 21 years of age at the
time of appointment to the position of private probation officer or probation
officer and must have completed a standard two-year college course or have four
years of law enforcement experience; provided, however, that any person employed
as a private probation officer as of July 1, 1996, and who had at least six
months of experience as a private probation officer or any person employed as a
probation officer by a county, municipality, or consolidated government as of
March 1, 2006, shall be exempt from such college requirements. Every private
probation officer shall receive an initial 40 hours of orientation upon
employment and shall receive 20 hours of continuing education per annum
as approved
by the council, provided that the 40 hour
initial orientation shall not be required of any person who has successfully
completed a probation or parole officer basic course of training certified by
the Peace Officer Standards and Training Council or any private probation
officer who has been employed by a private probation corporation, enterprise, or
agency for at least six months as of July 1, 1996, or any person employed as a
probation officer by a county, municipality, or consolidated government as of
March 1, 2006. In no event shall any person convicted of a felony be employed
as a probation officer or utilize the title of probation officer.
(b)
The uniform contract standards contained in this subsection shall apply to all
private probation contracts executed under the authority of Code Section
42-8-100. The terms of any such contract shall state, at a
minimum:
(1)
The extent of the services to be rendered by the private corporation or
enterprise providing probation supervision;
(2)
Any requirements for staff qualifications, to include those contained in this
Code section as well as any surpassing those contained in this Code
section;
(3)
Requirements for criminal record checks of staff
in
accordance with the rules and regulations established by the
council;
(4)
Policies and procedures for the training of staff
that comply
with rules and regulations promulgated by the
council;
(5)
Bonding of staff and liability insurance coverage;
(6)
Staffing levels and standards for offender supervision, including frequency and
type of contacts with offenders;
(7)
Procedures for handling the collection of all court ordered fines, fees, and
restitution;
(8)
Procedures for handling indigent offenders to ensure placement of such indigent
offenders irrespective of the ability to pay;
(9)
Circumstances under which revocation of an offender's probation may be
recommended;
(10)
Reporting and record-keeping requirements; and
(11)
Default and contract termination procedures.
(c)
The uniform contract standards contained in this subsection shall apply to all
counties, municipalities, and consolidated governments that enter into
agreements with a judge to provide probation services under the authority of
Code Section 42-8-100. The terms of any such agreement shall state at a
minimum:
(1)
The extent of the services to be rendered by the local governing authority
providing probation services;
(2)
Any requirements for staff qualifications, to include those contained in this
Code section;
(3)
Requirements for criminal record checks of staff
in
compliance with the rules and regulations established by the
council;
(4)
Policies and procedures for the training of staff
that comply
with the rules and regulations established by the
council;
(5)
Staffing levels and standards for offender supervision, including frequency and
type of contacts with offenders;
(6)
Procedures for handling the collection of all court ordered fines, fees, and
restitution;
(7)
Circumstances under which revocation of an offender's probation may be
recommended;
(8)
Reporting and record-keeping requirements; and
(9)
Default and agreement termination procedures.
(d)
The council shall review the uniform professional standards and uniform contract
and agreement standards contained in subsections (a), (b), and (c) of this Code
section and shall submit a report on its findings to the General Assembly. The
council shall submit its initial report on or before January 1, 2007, and shall
continue such reviews every two years thereafter. Nothing contained in such
report shall be considered to authorize or require a change in the standards
without action by the General Assembly having the force and effect of law. This
report shall provide information which will allow the General Assembly to review
the effectiveness of the minimum professional standards and, if necessary, to
revise these standards. This subsection shall not be interpreted to prevent the
council from making recommendations to the General Assembly prior to its
required review and
report."
SECTION
4.
Said
chapter is further amended by revising Code Section 42-8-103, relating to
quarterly report to judge and council, as follows:
"42-8-103.
(a)
Any private corporation, private enterprise, or private agency contracting to
provide probation services or any county, municipality or consolidated
government entering into an agreement under the provisions of this article shall
provide to the judge with whom the contract or agreement was made
and the
council a quarterly report summarizing the
number of offenders under supervision; the amount of fines, statutory
surcharges, and restitution collected; the number of offenders for whom
supervision or rehabilitation has been terminated and the reason for the
termination; and the number of warrants issued during the quarter, in such
detail as the
council
judge
may require.
(b)
All records of any private corporation, private enterprise, or private agency
contracting to provide services or of any county, municipality, or consolidated
government entering into an agreement under the provisions of this article shall
be open to inspection upon the request of the affected county, municipality,
consolidated government, court,
or
the Department of Audits and
Accounts,
or the council or its
designee."
SECTION
5.
Said
chapter is further amended by revising subsection (a) of Code Section 48-8-106,
relating to confidentiality of records, as follows:
"(a)
All reports, files, records, and papers of whatever kind relative to the
supervision of probationers by a private corporation, private enterprise, or
private agency contracting under the provisions of this article or by a county,
municipality, or consolidated government providing probation services under this
article are declared to be confidential and shall be available only to the
affected county, municipality, or consolidated government, the judge handling a
particular case,
or
the Department of Audits and
Accounts,
or the council or its
designee."
SECTION
6.
Said
chapter is further amended by revising Code Section 42-8-107, relating to
registration with the council, as follows:
"42-8-107.
(a)(1)
All private corporations, private enterprises, and private agencies contracting
or offering to contract for probation services shall register
annually
with the
council
Secretary of
State before entering into
or
renewing any contract to provide services.
The information included in such registration shall include the name of the
corporation, enterprise, or agency, its principal business address and telephone
number, the name of its agent for communication, and
other
information in such detail as the council may
require
a notarized
statement that the corporation or enterprise is in compliance with the
provisions of Code Section 42-8-102.
An
annual
No
registration fee
of
$500.00 shall be required.
(2)(b)
Any private corporation, private enterprise, or private agency required to
register under the provisions of
paragraph
(1)
subsection
(a) of this
subsection
Code
section which fails or refuses to do so
shall be subject to revocation of any existing
contracts,
in addition to any other fines or sanctions imposed by the
council.
(b)(1)
All counties, municipalities, and consolidated governments agreeing or offering
to agree to establish a probation system shall register with the council before
entering into an agreement with the court to provide services. The information
included in such registration shall include the name of the county,
municipality, or consolidated government, the principal business address and
telephone number, a contact name for communication with the council, and other
information in such detail as the council may require. No registration fee
shall be required.
(2)
Any county, municipality, or consolidated government required to register under
the provisions of paragraph (1) of this subsection which fails or refuses to do
so shall be subject to revocation of existing agreements, in addition to any
other sanctions imposed by the council.
(c)
The Department of Audits is authorized to audit any registered private
corporation or agency providing probation services under this Code section to
ensure compliance with the uniform professional standards provided in Code
Section 42-8-102. The Department of Audits shall submit its findings to the
Secretary of State. The Secretary of State may, upon determining that an entity
is not in compliance with such uniform professional standards, terminate the
entity's registration."
SECTION
7.
Said
chapter is further amended by revising subsection (b) of Code Section 42-8-108,
relating to the applicability of the article to contractors for probation
services, as follows:
"(b)
The standards contained in this subsection shall be met by all counties,
municipalities, or consolidated governments entering into written agreements to
provide probation services to any court under the authority of Code Section
42-8-100 on or after July 1, 2006. Any county, municipality, or consolidated
government which fails to meet the standards established in this subsection on
or after July 1, 2006, shall not be eligible to provide probation services. All
counties, municipalities, or consolidated governments which enter into written
agreements to provide probation services under the authority of Code Section
42-8-100 on or after July 1, 2006, shall:
(1)
Register with the
council
Secretary of
State;
(2)
Meet the requirements of subsection (c) of Code Section 42-8-102;
and
(3)
Employ at least one person who is responsible for the direct supervision of
probation officers employed by the governing authority who shall have at least
five years' experience in corrections, parole, or probation services; provided,
however, that the five-year experience requirement shall not apply to any such
supervisor employed by a county, municipality, or consolidated government which
was engaged in the provision of probation services on April 15,
2006."
SECTION
8.
All
laws and parts of laws in conflict with this Act are repealed.