09 LC 28
4526
House
Bill 306
By:
Representatives Walker of the
107th,
Ralston of the
7th,
and Reese of the
98th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 6 of the Title 17 of the Official Code of Georgia Annotated,
relating to bonds and recognizances, so as to provide legislative findings and
intent; to provide for a program of electronic pretrial release and monitoring
of criminal defendants; to provide the standards, terms, and conditions for such
program; to provide for penalties for violating the terms of such program; to
provide for fees for such monitoring; to provide for the payment of such fees by
the sheriff under certain circumstances; to provide for the revocation of
participation in such program under certain circumstances; to provide for
related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
The
General Assembly finds that a program of electronic pretrial release,
monitoring, and home confinement incorporates modern technology to accomplish
the following purposes, including, but not limited to:
(1)
Insuring proper prioritization of local incarceration resources;
(2)
Improving child support collections by giving nonpayors an opportunity to
maintain employment while under electronic surveillance;
(3)
Better protecting crime victims by global positioning satellite (GPS) tracking
and monitoring of pretrial release offenders to better ensure ongoing protection
of crime victims;
(4)
Permitting defendants with extraordinary health problems to seek appropriate
medical care;
(5)
Assisting sheriffs in alleviating jail overcrowding by creating alternative
methods of pretrial release and home confinement;
(6)
Reducing the costs of pretrial detention to governing authorities of counties as
the costs of self-paid, electronic pretrial release are substantially less than
pretrial incarceration; and
(7)
Creating instant alert capabilities to law enforcement in the event terms of
pretrial release are violated.
SECTION
2.
Chapter
6 of the Title 17 of the Official Code of Georgia Annotated, relating to bonds
and recognizances, is amended by adding a new Code section to read as
follows:
"17-6-1.1.
(a)
In addition to other methods of posting bail or as special condition of bond, a
criminal defendant may be released from custody pending the trial of his or her
case on the condition that the defendant comply with the terms and conditions of
an approved electronic pretrial release program. The sheriff or other county
agency may enter into agreements with providers of electronic monitoring
services who are approved under subsection (k) of this Code section to provide
such services.
(b)
If it appears to the court that a defendant subject to its jurisdiction is a
suitable candidate for electronic pretrial release and monitoring, the court
may, in its sole discretion and subject to the eligibility requirements of this
Code section, authorize the defendant to be released under the provisions of an
approved electronic pretrial release and monitoring program. A judge may only
authorize electronic pretrial release if that judge has jurisdiction to set a
bond for the offense charged and the defendant is otherwise eligible for bond
under subsection (e) of Code Section 17-6-1. The assigned judge of the court
then having jurisdiction over the defendant, or the chief judge of such court in
the event the case has not been assigned to a particular division of the court,
may terminate a defendant's further participation in an electronic pretrial
release program at any time at which any new warrant, accusation, or indictment
is issued by any court for the defendant, in which event the defendant shall be
immediately returned to custody.
(c)(1)
When a court of competent jurisdiction has already set bond for a defendant
indicating that the defendant is otherwise eligible for release on bail pursuant
to subsection (e) of Code Section 17-6-1, in lieu of accepting cash in
satisfaction of the bond set by a court, the court may notify the sheriff that
the defendant is eligible for electronic pretrial release.
(2)
Upon obtaining of the written agreement of the defendant that the defendant will
abide by the terms and conditions of electronic pretrial release, the sheriff
shall notify in writing the court having jurisdiction over the defendant that
the defendant will be released on electronic pretrial release within 48 hours.
The court, in its discretion, may revoke at any time the authority for any
defendant to participate in the electronic pretrial release
program.
(d)
An accused may not be released to, or remain in, electronic pretrial release who
has any other outstanding warrants, accusations, indictments, holds, or
incarceration orders from any other court, law enforcement agency, or probation
or parole officer that require the posting of bond or further
adjudication.
(e)
A person released pursuant to an approved electronic pretrial release and
monitoring program shall abide by such conditions as the court or the sheriff
may impose relating to such release and monitoring program, including, but not
limited to, the following:
(1)
Periods of home confinement;
(2)
Compliance with all requirements and conditions of the approved electronic
pretrial release program provider;
(3)
Compliance with any court orders or special conditions of bond which may include
an order directing that no contact, direct or indirect, be made with the victim
or forbidding entry upon, about, or near certain premises;
(4)
An order directing that the accused provide support and maintenance for the
person's dependents to the best of his or her ability;
(5)
Restrictions on the use of alcoholic beverages and controlled
substances;
(6)
Curfews;
(7)
Limitations on work hours and employment;
(8)
An order directing the accused to submit to test of breath, blood, or urine from
time to time;
(9)
Travel restrictions;
(10)
An order directing that electronic pretrial release equipment be kept in good
working condition;
(12)
An order directing that the person refrain from violating the criminal laws of
any state, county, or municipality;
(13)
An order directing timely payment of all fees connected with the electronic
pretrial release;
(14)
Payroll deductions to fund monitoring fees;
(15)
Provisions to permit reasonable medical treatment;
(16)
Provisions for procuring reasonable necessities, such as grocery
shopping;
(17)
Provisions for attendance in educational, rehabilitative, and treatment
programs; and
(18)
Such other terms and conditions as the court or the sheriff may deem just and
proper.
(f)(1)
A person commits the offense of violation of electronic pretrial release when,
having been charged with a crime under the laws of this state and having been
released under an electronic pretrial release program upon the condition that
the person will remain at a specified location for certain periods of time when
the person does any of the following:
(A)
Intentionally fails to remain at such location as directed;
(B)
Intentionally fails to return timely to such location;
(C)
Intentionally fails to promptly report to such location after release;
or
(D)
Intentionally alters, tampers with, interferes with the operation of, or
destroys any electronic monitoring equipment.
(2)
A person convicted of the offense of violation of electronic pretrial release
shall be punished as follows:
(A)
If the person was released and the charge then pending against such person was a
felony, by imprisonment for not less than one nor more than five years or by a
fine of not more than $5,000.00, or both; or
(B)
If the person was released and the charge then pending against such person was a
misdemeanor, for a misdemeanor of a high and aggravated nature.
(g)
In the event that a court of competent jurisdiction finds probable cause, upon
oath, affirmation, or sworn affidavit, that a defendant has violated the terms
or conditions of his or her electronic pretrial release, other than terms
regarding home confinement set forth in paragraph (1) of subsection (e) of this
Code section or finds that the defendant provided false or misleading
information concerning his or her qualifications to participate in the
electronic release and monitoring program, including, but not limited to, name,
date of birth, address, or other personal identification information, then the
defendant's ongoing participation in the electronic pretrial release program
shall be terminated immediately and, upon arrest of the defendant for such
violation by any law enforcement officer, the defendant shall be returned to
confinement at the county jail or other facility from which the defendant was
released to electronic pretrial release program.
(h)(1)
As an additional condition of electronic pretrial release, a defendant
authorized to participate in an electronic pretrial release program by the court
or the sheriff shall pay a reasonable, nonrefundable fee for program enrollment,
equipment use, and monitoring.
(2)
The fees connected with the electronic pretrial release program and supervision
shall be timely paid by a defendant who is released as a condition of his or her
ongoing participation in the electronic pretrial release program in accordance
with the terms and provisions of electronic release approved by the court and
the sheriff. Failure to make timely payments shall constitute a violation of
the terms of the electronic pretrial release and shall authorize the immediate
return to custody of the defendant.
(3)
Defendants who have an extraordinary medical conditions requiring ongoing
medical treatment or indigent persons, as defined by the court, and who are
selected by the sheriff following the indigency standards established by the
court may have such electronic monitoring fees paid by the sheriff with the
consent of the governing authority.
(4)
In the event a bonding company, bonding agent, or probation service provider is
approved by the court and the sheriff as an approved electronic pretrial release
provider, all fees earned in the capacity of an electronic pretrial release
provider shall be in addition to other fees prescribed by law.
(i)
In the event that home confinement or house arrest is ordered by the court as a
condition of electronic pretrial release, then the defendant shall be given full
credit for each day successfully spent in such confinement in compliance with
the electronic pretrial release program similar to that provided by Code
Sections 17-10-11 and 17-10-12. For the purposes of calculating the time
of confinement, the sheriff or lawful deputy shall make such determination by
having simultaneous access to all records and electronic monitoring connected
with each defendant placed on electronic pretrial release.
(j)
No person released under an electronic pretrial release program under this Code
section shall be deemed to be an agent, employee, or involuntary servant of the
county or the electronic pretrial release provider while so released, working,
or participating in training or going to and from the person's place of
employment or training. Neither the electronic monitoring provider nor the
sheriff shall be civilly liable for the criminal acts of a defendant released
pursuant to this Code section.
(k)
Any person or corporation approved by the chief judge of the court and the
sheriff in their discretion who meets the following minimum requirements may be
approved to provide electronic pretrial release services:
(1)
The provider shall comply with all applicable federal, state, and local laws and
all rules and regulations established by the chief judge and the sheriff in
counties where the provider provides electronic pretrial release
services;
(2)
The provider shall provide the chief judge and the sheriff with the name of the
provider, the name of an individual who shall serve as the contact person for
the provider, and the telephone number of such contact person;
(3)
The provider shall promptly notify the chief judge and sheriff of any changes in
its address, ownership, or qualifications under this Code section;
(4)
The provider shall provide simultaneous access to all records regarding all
monitoring information, GPS tracking, home confinement, and victim protection
regarding each person placed on electronic pretrial release; and
(5)
The provider shall act as surety for the bond.
(l)
The sheriff shall maintain a list of approved providers of electronic pretrial
release services. The sheriff, in his or her discretion, may temporarily or
permanently remove any provider from the list of approved providers should the
provider:
(1)
Fail to comply with the requirements of this Code section;
(2)
Fail to monitor properly any person that the provider was required to
monitor;
(3)
Charge an excessive fee for use and monitoring of electronic monitoring
equipment; or
(4)
Act or fail to act in such a manner that, in the discretion of the sheriff,
constitutes good cause for
removal."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.