HB997: HB997 Penal institutions; limit time that Department of Community Supervision can hold certain inmates in a county facility

26 LC 48 1811S The House Committee on Judiciary, Non Civil offers the followi ng substitute to HB 997: A BILL TO BE ENTITLED AN ACT To amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions,1 so as to limit the time that Department of Community Supervision can hold certain inmates2 in a county facility; to prohibit courts or Department of Commu nity Supervision from3 requiring sheriffs, wardens, or chiefs of police to transport probationers to certain facilities;4 to increase the amount of reimbursement paid to counties by the Department of Corrections5 and the State Board of Pardons and Paroles for housing inmates; to provide revised time6 periods for when such reimbursement begins and ends; to prohibi t certain inmates from7 serving sentences in a county facility following conviction, re vocation of probation, or8 revocation of parole; to provide for exceptions; to provide for related matters; to repeal9 conflicting laws; and for other purposes.10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11 SECTION 1.12 Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended13 by revising Code Section 42-3-113, relating to system of administrative sanctions, as follows:14 "42-3-113.15 H. B. 997 (SUB) - 1 - 26 LC 48 1811S (a) DCS shall be authorized to establish by rules and regulations a system of administrative16 sanctions as an alternative to judicial modifications or revoca tions for probationers who17 violate the terms and conditions of the sentencing options syst em established under this18 article. DCS may not, however, sanction probationers for violations of special conditions19 of probation or general conditions of probation for which the s entencing judge has20 expressed an intention that such violations be heard by the cou rt pursuant to Code21 Section 42-8-34.1.22 (b) DCS shall only impose restrictions which are equal to or l ess restrictive than the23 sanction cap set by the sentencing judge.24 (c) The administrative sanctions which may be imposed by DCS are as follows, from most25 restrictive to least restrictive:26 (1) Probation detention center or residential substance abuse treatment facility;27 (2) Probation boot camp;28 (3) DCS day reporting center;29 (4) Electronic monitoring;30 (5) Community service; or31 (6) Probation supervision.32 (d) DCS may order offenders sanctioned pursuant to paragraphs (1) through (3) of33 subsection (c) of this Code section to be held in the local jai l custody at a county or34 municipal jail, county correctional institution, or other county or municipal detention center35 until transported to a designated state facility; provided, however, that such holding period36 may not exceed 60 days unless expressly approved by the sheriff, warden, or chief of police37 of such jail, correctional institution, or detention center. N o sheriff, warden, or chief of38 police of a county or municipal jail, county correctional insti tution, or other county or39 municipal detention center shall be required by court order or by DCS rule or policy to40 transport a probationer to a probation detention center, probation boot camp, or DCS day41 reporting center."42 H. B. 997 (SUB) - 2 - 26 LC 48 1811S SECTION 2.43 Said title is further amended by revising Code Section 42-5-50, relating to transmittal of44 information on convicted persons, place of detention, payment f or inmates not transferred45 to the custody of the department, and notice in the event of convicted person free on bond46 pending appeal, as follows:47 "42-5-50.48 (a) The clerk of the court shall notify the commissioner of a sentence within 30 working49 days following the receipt of the sentence and send other documents set forth in this Code50 section. Such notice shall be submitted electronically and sha ll contain the following51 documents:52 (1) A certified copy of the sentence;53 (2) A complete history of the convicted person, including a ce rtified copy of the54 indictment, accusation, or both and such other information as t he commissioner may55 require;56 (3) An affidavit of the custodian of such person indicating the total number of days the57 convicted person was incarcerated prior to the imposition of the sentence. It shall be the58 duty of the custodian of such person to transmit the affidavit provided for in this59 paragraph to the clerk of the superior court within ten days following the date on which60 the sentence is imposed;61 (4) Order of probation revocation or tolling of probation; and62 (5) A copy of the sentencing information report is required in all jurisdictions with an63 options system day reporting center certified by the Department of Community64 Supervision. The failure to provide the sentencing information report shall not cause an65 increase in the 15 day time period for the department to assign the inmate to a66 correctional institution as set forth in subsection (b) of this Code section.67 All of the aforementioned documents shall be submitted on forms provided by the68 commissioner. The commissioner shall file one copy of each such document with the State69 H. B. 997 (SUB) - 3 - 26 LC 48 1811S Board of Pardons and Paroles within 30 working days of receipt of such documents from70 the clerk of the court. Except where the clerk is on a salary, the clerk shall receive from71 funds of the county the fee prescribed in Code Section 15-6-77 for such service.72 (b) Within 15 days after the receipt of the information provided for in subsection (a) of this73 Code section, the commissioner shall assign the convicted perso n to a correctional74 institution designated by the commissioner in accordance with s ubsection (b) of Code75 Section 42-5-51. It shall be the financial responsibility of t he correctional institution to76 provide for the picking up and transportation, under guard, of the inmate to the inmate's77 assigned place of detention. No court shall order the county to transport the inmate to the78 inmate's assigned place of detention; provided, however, that, if If the inmate is assigned79 to a county correctional institution or other county facility, the county shall assume such80 duty and responsibility.81 (c) The state shall pay for each such inmate not transferred t o the custody of the82 department from a county facility the county the per diem rate specified by subsection (c)83 of Code Section 42-5-51 for each day the inmate remains in the physical custody of the 84 county after the department receives the notice provided by su bsection (a) of this Code85 section sheriff or warden as set forth in Code Section 42-5-51.86 (d) In the event that the convicted person is free on bond pending the appeal of his or her87 conviction, the notice provided for in subsection (a) of this C ode section shall not be88 transmitted to the commissioner until all appeals of such conviction have been disposed of89 or until the bond shall be revoked."90 SECTION 3.91 Said title is further amended by revising Code Section 42-5-51, relating to jurisdiction over92 certain misdemeanor offenders, designation of place of confinem ent of inmates,93 reimbursement of county, and transfer of inmates to federal authority, as follows:94 H. B. 997 (SUB) - 4 - 26 LC 48 1811S "42-5-51.95 (a) The department shall have no authority, jurisdiction, or responsibility with respect to96 misdemeanor offenders sentenced under paragraph (1) of subsecti on (a) of Code97 Section 17-10-3 to confinement in the county or other jail, county correctional institution,98 or such other places as counties may provide for maintenance of county inmates. The99 county wherein the such sentence is imposed shall have the sole responsibility of executing100 the sentence and of providing for the care, maintenance, and upkeep of the inmate while101 serving such sentence; provided, however, that, where the sentencing judge certifies to the102 department that the county facilities of that county are inadequate for maintaining female103 inmates, any female inmate serving such sentence may be committed to the department to104 serve her sentence in a state correctional institution, as may be directed by the department;105 provided, further, that the delivery of the female inmates to t he proper place of106 incarceration shall be at the expense of the county of conviction.107 (b) Where any person is convicted of any offense, misdemeanor, or felony and sentenced108 to serve time in any penal institution in this state other than as provided in subsection (a)109 of this Code section, he or she shall be committed to the custody of the commissioner who,110 with the approval of the board, shall designate the place of confinement where the sentence111 shall be served.112 (c) After proper documentation is received from the clerk of t he court as set forth in113 subsection (a) of Code Section 42-5-50, the department shall have 15 days to transfer an114 inmate under sentence to the place of confinement. If the inmate is not transferred within115 the 15 days, the116 (d)(1) The department shall reimburse the county, in a sum not less than $7.50 $30.00117 per day per inmate and in such an amount as may be appropriated for this purpose by the118 General Assembly, for the cost of the incarceration, commencing 15 days after proper119 documentation is received by the department from the clerk of t he court of the state120 inmate in a county facility for the duration set forth in paragraph (2) of this subsection;121 H. B. 997 (SUB) - 5 - 26 LC 48 1811S provided, however, that, subject to an appropriation of funds, local governing authorities,122 including but not limited to sheriffs, that have entered into memorandums of123 understanding or agreement or that demonstrate continuous attem pts to enter into124 memorandums of understanding or agreement with the federal government under Section125 287(g) of the federal Immigration and Nationality Act shall receive an additional payment126 in the amount of 10 percent of the established rate paid for re imbursement for the127 confinement of state inmates in local confinement facilities.128 (2) Reimbursement under paragraph (1) of this subsection shall apply as follows:129 (A) For an inmate sentenced to a term of incarceration in a co rrectional institution130 under the jurisdiction of the commissioner or the board after conviction, the period of131 such reimbursement shall begin on the date the order imposing such sentence is entered132 by the court; and133 (B) For an inmate sentenced to a term of incarceration in a co rrectional institution134 under the jurisdiction of the commissioner or the board after revocation of probation,135 the period of such reimbursement shall begin on the date the order revoking probation136 and imposing such sentence is entered by the court.137 (3) The period of reimbursement under this subsection shall terminate on the date such138 inmate is transferred or released from the custody of the county jail, county correctional139 institution, or such other place as the county may provide for maintenance of county140 inmates. The county shall not be entitled to reimbursement for any days that the inmate141 is not in the physical custody of any such jail, correctional institution, or detention center.142 (e) The reimbursement provisions of this Code section shall only not apply to payment for143 the incarceration of felony inmates available for transfer to the department, except inmates144 under death sentence awaiting transfer after their initial trial, and shall not apply to inmates145 who were incarcerated under the custody of the commissioner at the time they were146 returned to the county jail for trial on additional charges or returned to the county jail for147 any other purposes, including for the purpose of a new trial.148 H. B. 997 (SUB) - 6 - 26 LC 48 1811S (d)(f) Notwithstanding any language in the sentence as passed by the court, the149 commissioner may designate as a place of confinement any availa ble, suitable, and150 appropriate state or county correctional institution in this st ate operated under the151 jurisdiction or supervision of the department. The commissione r shall also have sole152 authority to transfer inmates from one state or county correctional institution in this state153 to any other such institution operated by or under the jurisdic tion or supervision of or154 approved by the board. Neither male nor female state inmates shall be assigned to serve155 in any manner in a county jail unless they are participating in a state sponsored project and156 have the approval of the commissioner and the sheriff or the ja il administrator of the157 county. Furthermore, the commissioner may transfer to the Attorney General of the United158 States for confinement any inmate if it is determined that the custody, care, treatment,159 training, or rehabilitation of the inmate has not been adequate or in the best interest of the160 inmate or his fellow inmates. The commissioner is authorized to contract with the Attorney161 General of the United States for the custody, care, subsistence, housing, treatment, training,162 and rehabilitation of such inmates."163 SECTION 4.164 Said title is further amended by revising Code Section 42-9-49, relating to reimbursement165 of counties for incarceration of persons arrested in accordance with Code Section 42-9-48,166 as follows:167 "42-9-49.168 (a) Except as otherwise provided for in this Code section or by express agreement with the169 sheriff or warden of a county jail, county correctional institution, or such other place as a170 county may provide for maintenance of county inmates, no person who has been arrested171 and incarcerated based on a felony parole warrant, or whose parole or conditional release172 has been revoked by the board, shall serve his or her sentence or any remaining portion173 thereof in any such jail, correctional institution, or detention center.174 H. B. 997 (SUB) - 7 - 26 LC 48 1811S (b)(1) After proper documentation is received from the county, the board shall reimburse175 the county, pursuant to rules and regulations adopted by the board in a sum not less than176 $30.00 per day per inmate and in the such an amount as may be appropriated for this177 purpose by the General Assembly, for the cost of incarceration of any person who is178 arrested pursuant to any warrant issued in accordance with Code Section 42-9-48 and179 incarcerated in the county jail, county correctional institution, or such other place as the180 county may provide for maintenance of county inmates for the du ration set forth in181 paragraph (2) of this subsection.182 (2) Reimbursement under paragraph (1) of this subsection shall begin on the date the183 inmate is arrested and incarcerated based on a felony parole wa rrant in the county jail,184 county correctional institution, or such other place as the cou nty may provide for185 maintenance of county inmates.186 (c) To the extent that funds are appropriated by the General Assembly for the purpose of187 reimbursement of medical expenses, the board may shall reimburse counties for the cost188 of medical services provided to persons so arrested. 189 (d) The liability of the board for such costs of incarceration shall begin when the person190 is incarcerated and shall end upon revocation of parole or conditional release of the person191 on the date such person is transferred or released from the cus tody of the county jail,192 county correctional institution, or such other place as the cou nty may provide for193 maintenance of county inmates.194 (e) This Code section shall apply only to cases in which the boar d's warrant is the sole195 basis for incarceration."196 SECTION 5.197 All laws and parts of laws in conflict with this Act are repealed.198 H. B. 997 (SUB) - 8 -