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HB 0328 - Adult offenders; enact reforms recommended by Georgia Council on Criminal Justice Reform; provisions

Tracking Level: Monitor
Sponsor: Efstration, Chuck 104th
Last Action: 7/1/2015 - Effective Date
State Code Titles: 10, 17, 42, 43, 49
House Committee: JudyNC
Senate Committee: JUDYNC
Assigned To:
05. Superior CourtsNext Bill
Criminal Justice ReformNext Bill

Staff Analysis of the Legislation

HB 328 amends Part 2 of Article 15 of Chapter 1 of Title 10, Code Sections 17-10-7 and 42-9-45, Chapter 1 of Title 43, and Code Section 49-4-15 of the O.C.G.A. relating to the punishment of repeat offenders. Per the revision of subsection (b) of Code Section 42-9-45 of the O.C.G.A inmates serving misdemeanor sentences shall only be eligible for consideration of parole after serving six months of his or her sentence(s) or one-third of the time of his or her sentence(s), whichever is greater. Inmates serving felony sentences shall only be eligible for consideration for parole after the expiration of nine months of his or her sentence or one-third of the time of the sentences, whichever is greater. 
In addition, HB 328 allows for inmates sentenced to a term of at least 12 years and up to a life sentence to become eligible for consideration of parole if he or she has never been convicted of; a serious violent felony as defined in Code Section 17-10-6.1, an offense for which he or she would have been required to register pursuant to Code Section 42-1-12, a violation of paragraph (1) or (2) of subsection (b) of Code Section 16-5-21; a violation of Code Section 16-11-106, a violation of Code Section 16-11-131and has completed at least 12 years of his or her sentence, has obtained a low-risk for recidivism rating as determined by a validated risk assessment instrument approved by the Department of Corrections, has been classified as a medium or less than medium security risk for institutional housing classification purposes by the Department of Corrections, has completed all criminogenic programming requirements as determined by a validated risk assessment instrument approved by the Department of Corrections, in the 12 months preceding consideration, has not been found guilty of any serious disciplinary infractions and has a high school diploma or general education development (GED) diploma, unless he or she is unable to obtain such educational achievement due to a learning disability or illiteracy.   If the inmate is incapable of obtaining such education, he or she shall have completed a job skills training program, a literacy program, an adult basic education program, or a faith-based program.


HB 328 amends Title 15 of the O.C.G.A., relating to courts, so as to create the Council of Accountability Court Judges of Georgia. It provides for membership, duties, and responsibilities of the Council. The bill changes responsibilities of drug court divisions, mental health court divisions, and veterans court divisions from the Judicial Council of Georgia to the Council of Accountability Court Judges of Georgia. 

The Administrative Office of the Courts (AOC) shall provide the council with office space and administrative support, including staff for record keeping, reporting, and related administrative and clerical functions. Appropriations to the AOC for functions transferred to the Criminal Justice Coordinating Council shall be transferred in accordance with ยง 45-12-90. Personnel previously employed by the AOC and equipment and facilities of the AOC shall also be transferred to the Criminal Justice Coordinating Council. The transfers shall be determined by the director of the AOC.

Bill Summary from the State Site - Click for the State Summary Page / Click for Current Full Text