Bill Text: GA HB1343 | 2009-2010 | Regular Session | Comm Sub
Bill Title: Criminal cases; fees charged to probationers; change amount; provisions
Spectrum: Partisan Bill (Republican 5-0)
Status: (Introduced - Dead) 2010-03-26 - House Third Reading Lost [HB1343 Detail]
Download: Georgia-2009-HB1343-Comm_Sub.html
10 LC
21 0850S
The
House Committee on Appropriations offers the following substitute to HB
1343:
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 hearings for and determinations of probation in criminal cases, so as to
change the amount of certain fees charged to probationers; to change provisions
relating to the waiver of such fees under certain circumstances and sanctions
for failure to pay fees; to provide for the mandatory nature of fees charged to
defendants sentenced to day reporting centers as a condition of probation; 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 hearings
for and determinations of probation in criminal cases, is amended by revising
subsection (d) 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
$30.00
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. The
sentencing court shall impose sanctions
for failure to pay fees
shall be
within the discretion of the court through judicial process or
hearings
unless payment
has been waived by the department.
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
shall
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, 2010, and shall apply with respect to
sentences entered on or after that effective date.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.
