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Summary of SB 203 (Conference Committee Report)(AS PASSED)

Although the initial SB 203 only provided for a cost recovery program for indigent defense services, the conference committee report added provisions in there that the Superior Court Clerks Cooperative Authority (Cooperative Authority) wanted to amend HB 1EX. 

The following is a summary of the items that the conference committee report contained:

Section 1
Amends O.C.G.A. § 15-21-132 relating to the imposition of the 5% surcharge on criminal fines for local victim assistance funds so that the funds are no longer remitted to the Cooperative Authority.  Instead, the funds will go directly to the county or district attorney’s office with a program certified by the Criminal Justice Coordinating Council for disbursement to those programs.  The county and district attorney’s office will report those funds to the Cooperative Authority.

Section 2
Amends O.C.G.A. § 15-21A-4 relating to the procedure for reporting and remittance of certain funds so that the clerks have to remit partial payment fees and fines to the Cooperative Authority by the end of the month following the month in which they were collected, though the Cooperative Authority may extend the period for reporting. 

Section 3
Amends O.C.G.A. § 15-21A-6 relating to the $15 civil filing fee so as to define what is considered a “civil action” in probate courts. 

“Civil Action” for probate courts is defined as follows:
“(A) With regard to decedentś estates, the following proceedings: petition for letters of administration; petition to probate a will in solemn form; petition for an order declaring no administration necessary; petition to probate a will in solemn form and for letters of administration with will annexed; and petition for year’s support;
(B) With regard to a minor guardianship matter as set forth in paragraph (1) of subsection (f) of Code Section 15-9-60, the proceeding by which the jurisdiction of the probate court is first invoked;
(C) With regard to an adult guardianship matter as set forth in paragraph (1) of subsection (g) of Code Section 15-9-60, the proceeding by which the jurisdiction of the probate court is first invoked; and
(D) An application for writ of habeas corpus.”

This Section also clarified that counties and cities providing indigent defense services either by contracting with the public defender offices or by other counsel are deemed to be the entity providing the legal defense services and thus entitled to the $50 application fee.
 
Section 4
Amends O.C.G.A. § 15-21A-7 relating to the definition of court and the system for reporting and accounting so as to authorize the Cooperative Authority to promulgate rules and regulations to administer the reporting and remittance of fees, fines, and surcharge.

Section 5
Amends O.C.G.A. § 17-12-23 relating to cities and counties contracting with circuit public defender offices for indigent defense services by eliminating references to “consolidated governments” since consolidated governments are considered counties.

Section 6
This Section provides for a new Article 2A to Chapter 12 of Title 17 to establish a cost recovery program for indigent defense services.  The court may impose as a condition of probation repayment of all or a portion of the cost for providing legal representation and other expenses of the defense if the payment does not impose a financial burden upon the defendant or the defendant’s dependents.  The entity that pays for the public defender (which is defined to include any attorney paid from public funds) either in part or in whole is entitled to the repayment.  This Section includes cities, counties, and the State, except the State would be entitled to repayment only if the public defender was paid entirely by the State.   The public defender would provide the court an estimate of the costs of representation.  The court would determine whether the defendant is able to pay and would consider factors listed in O.C.G.A. § 17-14-10.  Juvenile proceedings would be excluded from cost recovery. 

O.C.G.A. § 17-12-52 would allow a county or city to bring an action against the defendant if he or she 1) was not entitled to indigent defense representation or 2) had not paid for legal services after being ordered to.  They can bring this action within 4 years from the date on which legal services were received.  Juvenile proceedings are excluded.

Section 7
This Section provides for a work release program for a defendant convicted of a felony sentenced to probation.

Section 8
This Act will be effective on July 1, 2006.