Bill Text: GA HB1133 | 2009-2010 | Regular Session | Comm Sub
Bill Title: Pretrial intervention and diversion programs; administration fees; increase
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Engrossed - Dead) 2010-04-29 - Senate Passed/Adopted [HB1133 Detail]
Download: Georgia-2009-HB1133-Comm_Sub.html
10 HB1133/SCSFA/1
SENATE
SUBSTITUTE TO HB 1133
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 15-18-80 of the Official Code of Georgia Annotated, relating
to policy and procedure for pretrial intervention and diversion programs, so as
to increase the fees for the administration of the program; to provide for
related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 15-18-80 of the Official Code of Georgia Annotated, relating to policy
and procedure for pretrial intervention and diversion programs, is amended by
revising subsections (c) and (f) as follows:
"(c)(1)
Entry into the program shall be at the discretion of the prosecuting attorney
based upon written
guidelines;
provided, however, that any applicant denied admission to the program may
petition the court for admission into such program after accusation or
indictment."
(2)
The program shall not exceed 12 months or require in excess of 40 hours of
community service for a misdemeanor and shall not exceed 18 months or require in
excess of 60 hours of community service for a
felony."
"(f)
The prosecuting attorney shall be authorized to assess and collect from each
offender who enters the program a fee not to exceed
$300.00
$500.00 which
shall include any supervision fees for the
administration of the
program. Such
fee may be waived in part or in whole or made payable
in who enters the program a fee not to
exceed
$300.00
the amount
normally collected as a fine and supervision fee if the underlying offense would
have been prosecuted for the
administration of the
program;
provided, however, that no such fee collected shall be in excess of $1,000.00.
Such fee may be waived in part or in whole or made payable in monthly increments
upon a showing of good cause to the prosecuting
attorney. Any fee collected under this
subsection shall be made payable to the general fund of the political
subdivision in which the case is being prosecuted."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.
