Bill Text: GA HB1144 | 2009-2010 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Juvenile proceedings; detention; change provisions
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Engrossed - Dead) 2010-04-20 - Senate Read Second Time [HB1144 Detail]
Download: Georgia-2009-HB1144-Introduced.html
Bill Title: Juvenile proceedings; detention; change provisions
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Engrossed - Dead) 2010-04-20 - Senate Read Second Time [HB1144 Detail]
Download: Georgia-2009-HB1144-Introduced.html
10 LC 29
4126
House
Bill 1144
By:
Representatives Oliver of the
83rd,
Willard of the
49th,
Ramsey of the
72nd,
and Lindsey of the
54th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 11 of Title 15 and Code Section 17-10-11 of the Official Code of
Georgia Annotated, relating to juvenile proceedings and credit for time served
in confinement, respectively, so as to change certain provisions relating to
detention of juveniles; to clarify provisions relating to payment of certain
expenses by the county; to clarify provisions relating to credit for time served
for juveniles adjudicated for designated felonies; to clarify provisions
relating to juveniles receiving credit for time served; to a correct a
cross-reference; 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
11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile
proceedings, is amended by revising Code Section 15-11-8, relating to expenses
charged to the county, as follows:
"15-11-8.
(a)
The following expenses shall be a charge upon the funds of the county upon
certification thereof by the court:
(1)
The cost of medical and other examinations and treatment of a child ordered by
the court;
(2)
The cost of care and support of a child committed by the court to the legal
custody of an individual or a public or private agency other than the Department
of Juvenile Justice, but the court may order supplemental payments, if such are
necessary or desirable;
(3)
Reasonable compensation for services and related expenses of counsel appointed
by the court, where appointed by the court to represent the child and when
appointed by the court to conduct the proceedings;
(4)
Reasonable compensation for a guardian ad litem;
(5)
The expense of service of summons, notices, and subpoenas, travel expenses of
witnesses,
transportation,
subsistence, and detention of the child,
and other like expenses incurred in the proceedings under this chapter;
and
(6)
Except as
provided by subsection (b) of this Code section, the expense of subsistence;
and
(7)
The cost of counseling and counsel and advice required or provided under the
provisions of Code Sections 15-11-57 and 15-11-68.
(b)
For a child
placed by the court into the custody of the Department of Juvenile Justice but
who is not committed to the department's custody, the following expenses shall
be a charge upon the funds of the county upon certification by the department of
such costs, with supporting documentation:
(1)
The cost of medical examinations and treatment;
(2)
The cost of mental health examinations and treatment; and
(3)
The cost of dental examinations and treatment.
(c)
If, after due notice to the parents or other persons legally obligated to care
for and support the child and after affording them an opportunity to be heard,
the court finds that they are financially able to pay all or part of the costs
and expenses stated in subsection (a)
or
(b) of this Code section, the court may
order them to pay the same and prescribe the manner of payment. In addition,
the court may order payment from the parents or other legally obligated persons
to reimburse all or part of the costs and expenses of the Department of Human
Services for treatment, care, and support of the child. Unless otherwise
ordered, payment shall be made to the clerk of the court for remittance to the
person or agency, including the Department of Human Services, to whom
compensation is due or, if the costs and expenses have been paid by the county,
to the appropriate officer of the county."
SECTION
2.
Said
chapter is further amended by revising subparagraph (e)(1)(B) of Code Section
15-11-63, relating to designated felony acts, as follows:
"(B)
The child shall initially be confined in a youth development center for a period
set by the order, to be not less than 12 nor more than 60 months; provided,
however, that time spent in secure detention
subsequent
to the date of the order and prior to
placement in a youth development center shall be counted toward the period set
by the order;
and,
provided, further,
that,
where the order of the court is made in compliance with subsection (f) of this
Code section, the child shall initially be confined in a youth development
center for 18 months;"
SECTION
3.
Said
chapter is further amended by revising subsection (b) of Code Section 15-11-71,
relating to supervision fees, as follows:
"(b)
The juvenile court may order each delinquent or unruly child who receives
supervision under paragraph (2), (5), or (6) of subsection (a) of Code Section
15-11-66 or Code Section 15-11-67 or counsel and advice pursuant to Code Section
15-11-69 to pay:
(1)
An initial court supervision user's fee of not less than $10.00 nor more than
$200.00; and
(2)
A court supervision user's fee of not less than $2.00 nor more than $30.00 for
each month that the child receives supervision
to
the clerk of the court. The child and each parent, guardian, or legal custodian
of the child may be jointly and severally liable for the payment of the fee and
shall be subject to the enforcement procedure stated in subsection
(b)
(c)
of Code Section 15-11-8. The judge shall attempt to provide that any such fees
shall be imposed on such terms and conditions as shall assure that the funds for
the payment are from moneys earned by the child. All moneys collected by the
clerk under this subsection shall be transferred to the county treasurer, or
such other county official or employee who performs duties previously performed
by said treasurer, who shall deposit the moneys into a county supplemental
juvenile services fund. The governing authority of the county shall appropriate
moneys from the county supplemental juvenile services fund to the juvenile court
for the court's discretionary use in providing supplemental community based
services described in subsection (a) of this Code section to offenders who are
children. These funds shall be administered by the county and the court may
draw upon them by submitting invoices to the county. The county supplemental
juvenile services fund may be used only for these services. Any moneys
remaining in the fund at the end of the county fiscal year shall not revert to
any other fund but shall continue in the county supplemental juvenile services
fund. The county supplemental juvenile services fund may not be used to replace
other funding of services."
SECTION
4.
Code
Section 17-10-11 of the Official Code of Georgia Annotated, relating to credit
for time served in confinement, is amended by revising subsection (b) as
follows:
"(b)
This Code section applies to sentences for all crimes, whether classified as
violations, misdemeanors, or felonies, and to all courts having criminal
jurisdiction located within the boundaries of this
state,
except juvenile courts."
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.