Bill Text: GA HB464 | 2009-2010 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Conditions of detention; certain medical costs; deductions from inmate account; modify provisions
Spectrum: Moderate Partisan Bill (Republican 6-1)
Status: (Passed) 2009-04-21 - Effective Date [HB464 Detail]
Download: Georgia-2009-HB464-Comm_Sub.html
Bill Title: Conditions of detention; certain medical costs; deductions from inmate account; modify provisions
Spectrum: Moderate Partisan Bill (Republican 6-1)
Status: (Passed) 2009-04-21 - Effective Date [HB464 Detail]
Download: Georgia-2009-HB464-Comm_Sub.html
09 LC 35
1349S
The
House Committee on State Institutions and Property offers the following
substitute to HB 464:
substitute to HB 464:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 3 of Chapter 5 of Title 42 of the Official Code of Georgia
Annotated, relating to conditions of detention generally, so as to modify
provisions relating to deductions from an inmate account to provide for the
payment of certain medication costs; to provide for definitions; to provide for
exceptions for payment of medication costs; to provide for related matters; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating
to conditions of detention generally, is amended by revising Code Section
42-5-55, relating to deductions from an inmate account for the payment of
certain damages and medical costs, limits on deductions, and fee for managing
inmate accounts, as follows:
"42-5-55.
(a)
As used in this Code section, the term:
(1)
'Chronic
illness’ means an illness requiring care and treatment over an extended
period of time. Chronic illness includes, but is not limited to, hypertension,
diabetes, pulmonary illness, a seizure disorder, acquired immune deficiency
syndrome, cancer, tuberculosis B, hepatitis C, rheumatoid arthritis, an
autoimmune disorder, and renal disease.
(2)
'Detention facility' means a state, county, or private correctional institution,
workcamp, or other state or county detention facility used for the detention of
persons convicted of a felony or a misdemeanor.
(2)(3)
'Inmate' means a person who is detained in a detention facility by reason of
being convicted of a felony or a misdemeanor.
(3)(4)
'Medical treatment' means each visit initiated by the inmate to an institutional
physician; physician's extender, including a physician's assistant or a nurse
practitioner; registered nurse; licensed practical nurse; medical assistant;
dentist; dental hygienist; optometrist; or psychiatrist for examination or
treatment.
(4)(5)
'Officer in charge' means the warden, captain, or superintendent having the
supervision of any detention facility.
(b)
The commissioner or, in the case of a county or private facility, the officer in
charge may establish by rules or regulations criteria for a reasonable deduction
from money credited to the account of an inmate to:
(1)
Repay the costs of:
(A)
Public property or private property in the case of an inmate housed in a private
correctional facility willfully damaged or destroyed by the inmate during his or
her incarceration;
(B)
Medical treatment
and
prescription medication for injuries
inflicted by the inmate upon himself or herself or others
unless the
inmate has a severe mental health designation as determined by the
departement;
(C)
Searching for and apprehending the inmate when he or she escapes or attempts to
escape; such costs to be limited to those extraordinary costs incurred as a
consequence of the escape; or
(D)
Quelling any riot or other disturbance in which the inmate is unlawfully
involved; or
(2)
Defray the costs paid by the state or county
for:
(A)
Medical
medical
treatment for an inmate when the request for medical treatment has been
initiated by the
inmate;
and
(B)
Medication prescribed for the treatment of a medical condition unrelated to
pregnancy or a chronic
illness.
(c)
The provisions of paragraph (2) of subsection (b) of this Code section shall in
no way relieve the governmental unit, agency, or subdivision having physical
custody of an inmate from furnishing him or her with needed medical
treatment.
(d)
Notwithstanding any other provisions of this Code section, the deductions from
money credited to the account of an inmate as authorized under subsection (b) of
this Code section shall not be made whenever the balance in the inmate's account
is $10.00 or less.
(e)
The officer in charge of any detention facility is authorized to charge a fee
for establishing and managing inmate money accounts. Such fee shall not exceed
$1.00 per month."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.