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HB 1116 - Probation Management Act of 2004; modify certain provisions

Tracking Level: Passed
Sponsor: Barnard,Terry 166th
Last Action: 5/14/2008 - House Date Signed by Governor
House Committee: SI&P
Senate Committee: SI&P
Assigned To:
02. Supreme CourtNext Bill
03. Court of AppealsNext Bill
05. Superior CourtsNext Bill
06. State CourtsNext Bill
07. Juvenile CourtsNext Bill
08. Probate CourtsNext Bill
09. Magistrate CourtsNext Bill
10. Municipal CourtsNext Bill
12. All CourtsNext Bill
Fees, Fines and ForfeituresNext Bill

Staff Analysis of the Legislation

HB 1116 amends the Probation Management Act of 2004, relating to jurisdiction over certain misdemeanor offenders, designation of place of confinement of inmates, and reimbursement of counties for housing state inmates by changing the county reimbursement rate to a $25.00 minimum from $7.50 per day per inmate. HB 1116 removes the language in code section 42-5-50 that relates to convicted persons remaining in county jail instead of transferring to a correctional institution in order to be present for trial. Department of Corrections day reporting center was added to a list of alternative sanctions. A preliminary hearing for violation of probation is not required if the administrative hearing is held within 15 days of arrest.

The bill further states that a hearing officer’s decision shall be final unless the options system probationer files for review with the senior hearing officer. The request for review shall be filed within 15 days of the issuance of the department’s decision. The request for review shall not stay the department’s decision. The senior hearing officer shall issue a response within seven days of receipt of the review request. The senior hearing officer’s decision shall be final unless the options system probationer files an appeal in the sentencing court. This only applies to judicial circuits where the department has allocated certified hearing officers.

Short Note: Vetoed 05/14/2008

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