Georgia-2011-HB265-Comm Sub

To amend Title 28 of the Official Code of Georgia Annotated, relating to the Georgia General Assembly, so as to create the 2011 Special Council on Criminal Justice Reform for Georgians and the Special Joint Committee on Georgia Criminal Justice Reform; to provide for related matters; to provide for legislative intent; to provide for an automatic repeal; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, is amended by adding a new chapter to read as follows:

The General Assembly finds and determines that:

(1) It has been many years since there has been a systematic study of the State of Georgia's correctional system and criminal justice structure and there exists a need for such study today;

(2) A study of Georgia's criminal justice and correctional system is necessary to enhance public safety, reduce victimization, hold offenders more accountable, enhance probation and parole supervision, and better manage a growing prison population through increasing public safety, improving rehabilitation, and lowering state expense;

(3) Such a study and the formulation of recommendations for criminal justice structural changes can best be carried out through an established council; and

(4) Enactment of council recommendations, if deemed appropriate at the 2012 session of the General Assembly, is best carried out through a deliberative and specific legislative process.

(a) There is created the 2011 Special Council on Criminal Justice Reform for Georgians (hereinafter 'council') which shall consist of 12 members as follows:

(1) The Governor or his or her designee;

(2) Two members appointed by the Governor;

(3) Three members appointed by the Speaker of the House of Representatives, all of whom shall be members of the House of Representatives and one of whom shall be a member of the minority party;

(4) Three members appointed by the Lieutenant Governor, all of whom shall be members of the Senate and one of whom shall be a member of the minority party;

(5) The Chief Justice of the Supreme Court of Georgia or his or her designee; and

(6) Two members of the judicial branch, to be appointed by the Chief Justice of the Supreme Court of Georgia.

(b) A chairperson shall be selected by a majority vote of the members of the council. A quorum of the council shall consist of seven members. Any member of the council unable to serve shall be replaced in the same manner in which the original appointment was made.

(c) All departments and agencies of the state, including the Department of Corrections and State Board of Pardons and Paroles, shall, upon request of the council or the Governor, provide requested services, information, and technical support, notwithstanding any other law to the contrary.

(d) Members of the council shall receive no compensation for their services, except that any member may be reimbursed for actual expenses incurred in the performance of their duties by the agency or department in which they serve as an official or employee.

(e) The council shall conduct a thorough study of the state's current criminal justice structure and make a report of its findings and recommendations for legislation to the Governor, Lieutenant Governor, Speaker of the House of Representatives, and Chief Justice of the Supreme Court no later than November 1, 2011.

(a) There is created the Special Joint Committee on Georgia Criminal Justice Reform (hereinafter 'joint committee') which shall consist of 18 members as follows:

(1) The President Pro Tempore of the Senate and Speaker Pro Tempore of the House of Representatives;

(2) The majority leader of the Senate and the majority leader of the House of Representatives;

(3) The minority leader of the Senate and the minority leader of the House of Representatives;

(4) The chairpersons of the Senate Judiciary Committee, the Senate Public Safety Committee, the House Committee on Judiciary, and the House Committee on Judiciary, Non-civil;

(5) The chairpersons of the Senate State Institutions and Property Committee and the House Committee on State Institutions and Property;

(6) Three members of the Senate to be appointed by the Lieutenant Governor, someone of whom shall be a member of the minority party; and

(7) Three members of the House of Representatives to be appointed by the Speaker of the House of Representatives, someone of whom shall be a member of the minority party.

(b)(1) The chairpersons of the Senate Judiciary Committee and the House Committee on Judiciary, Non-civil shall serve as cochairpersons of the joint committee. A quorum of the joint committee shall consist of nine members.

(2) During the 2012 session of the General Assembly, the chairperson of the joint committee who is a member of the House of Representatives may cause to be introduced in the House of Representatives one or more bills or resolutions incorporating the recommendations of the council, and such legislation shall, after its introduction, be referred by the Speaker of the House of Representatives only to the joint committee and no other committee of the House of Representatives.

(3) If one or more bills or resolutions referred by the joint committee are passed by the House of Representatives, the measure or measures shall then be in order for consideration by the Senate and may be voted upon by the Senate.

(4) The rules of the Senate and the House of Representatives for the 2012 legislative session shall contain provisions necessary or appropriate to comply with the legislative process specified by this Code section.

This chapter shall stand repealed by operation of law on July 1, 2012."

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.