Bill Text: GA SB214 | 2011-2012 | Regular Session | Engrossed
Bill Title: Inmate Policies; definitions; it is illegal to provide an inmate with wireless handset; penalties
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2011-07-01 - Effective Date [SB214 Detail]
Download: Georgia-2011-SB214-Engrossed.html
11 SB214/CSFA/2
Senate
Bill 214
By:
Senators Hill of the 32nd and Rogers of the 21st
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia
Annotated, relating to the state-wide probation system, so as to provide for the
transfer of certain confidential probation records to the parole board; to amend
Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated,
relating to grants of pardons, paroles, and other relief, so as to provide for
the transfer of certain confidential parole records to probation officials
employed with the Department of Corrections; to provide for related matters; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating
to the state-wide probation system, is amended by revising Code Section 42-8-40,
relating to the confidentiality of papers, exemption from subpoena, and
declassification, as follows:
"42-8-40.
(a)
All
Except as
provided in subsection (b) of this Code section,
all reports, files, records, and papers of
whatever kind relative to the state-wide probation system are declared to be
confidential and shall be available only to the probation system officials and
to the judge handling a particular case. They shall not be subject to process
of subpoena. However, the commissioner may by written order declassify any such
records.
(b)
Supervision records of the State Board of Pardons and Paroles may be made
available to officials employed with the state-wide probation system, provided
that the same shall remain confidential and not available to any other person or
subject to subpoena unless declassified by the State Board of Pardons and
Paroles."
SECTION
2.
Article
2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating
to grants of pardons, paroles, and other relief, is amended by revising Code
Section 42-9-53, relating to the preservation of documents, classification of
information and documents, divulgence of confidential state secrets, and conduct
of hearings, as follows:
"42-9-53.
(a)
Subject to other laws, the board shall preserve on file all documents on which
it has acted in the granting of pardons, paroles, and other relief.
(b)
All information, both oral and written, received by the members of the board in
the performance of their duties under this chapter and all records, papers, and
documents coming into their possession by reason of the performance of their
duties under this chapter shall be classified as confidential state secrets
until declassified by
a
resolution of the board
passed at a
duly constituted session of the board;
provided, however, that the board shall be authorized to disclose to an alleged
violator of parole or conditional release the evidence introduced against him
or
her at a final hearing on the matter of
revocation of parole or conditional
release;
provided, further, that the board may make supervision records of the board
available to probation officials employed with the Department of Corrections,
provided that the same shall remain confidential and not available to any other
person or subject to subpoena unless declassified by the
board.
(c)
No person shall divulge or cause to be divulged in any manner any confidential
state secret. Any person violating this Code section or any person who causes
or procures a violation of this Code section or conspires to violate this Code
section shall be guilty of a misdemeanor.
(d)
All hearings required to be held by this chapter shall be public, and the
transcript thereof shall be exempt from subsection (b) of this Code section.
All records and documents which were public records at the time they were
received by the board are exempt from subsection (b) of this Code section. All
information, reports, and documents required by law to be made available to the
General Assembly, the Governor, or the state auditor are exempt from subsection
(b) of this Code section."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.
