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HB 0310 - Penal institutions; create Board of Community Supervision, Department of Community Supervision, and Governor's Office of Transition, Support, and Reentry; provisions

Tracking Level: Monitor
Sponsor: Powell, Alan 32nd (R)
Last Action: 7/1/2015 - Effective Date
State Code Titles: 15, 16, 17, 19, 20, 21, 34, 35, 37, 40, 42, 43, 45, 48, 49
House Committee: JudyNC
Senate Committee: PUB SAF
Assigned To:
06. State CourtsNext Bill
Criminal Justice ReformNext Bill

Staff Analysis of the Legislation
Part I of HB 310 amends Title 42 of the O.C.G.A., relating to penal  institutions, by creating the Board of Community Supervision and the  Department of Community Supervision (DCS). It codifies the Governor's  Office of Transition, Support, and Reentry, which it attaches to DCS for  administrative purposes. Any community based supervision functions will  be transferred to the DCS. In Part III of the bill, the powers of the  County and Municipal Probation Advisory Council are transferred to the  Board of Community Supervision. The Board shall seek input from an  advisory council composed of one state court judge, one municipal court  judge, one probate judge and one magistrate judge. The advisory council  will also include one criminal defense attorney, one probation officer,  and one individual with expertise in private probation.   HB 310 also responds to the Sentinel decision by creating statutory  authority for tolling sentences where the probationer has been provided  notice and an opportunity to be heard. It codifies the Bearden analysis  and acceptable terms of probation (similar to terms of parole). In  addition, HB 310 cleans up language in Article 6 of Chapter 8, relating  to agreements for probation services, gives courts the discretion to  place the defendant on probation or stay and suspend the execution of a  sentence or any portion thereof, and gives the courts the discretion to  require the payment of a fine, fees or restitution as a condition of  probation. It further allows a court that utilizes the services of a  probation officer (or private probation officer) to determine the terms  and conditions of probation. If pay-only probation is subsequently  converted to a sentence that requires community service, on petition by a  probation officer and with the probationer having an opportunity for a  hearing, the court may reinstate probation supervision fees as necessary  to monitor the probationer¿s compliance with community service  obligation.  

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