23 LC 39 3599
H. B. 137
- 1 -
House Bill 137
By: Representatives Crowe of the 118
th
, Collins of the 71
st
, Mathis of the 149
th
, and
McCollum of the 30
th
A BILL TO BE ENTITLED
AN ACT
To amend Article 1 of Chapter 10 of Title 17 and Chapter 2 of Title 42 of the Official Code
1
of Georgia Annotated, relating to procedure for sentencing and imposition of punishment and2
board and Department of Corrections, respectively, so as to provide for notification to the3
Department of Corrections when a prisoner has been convicted of killing a peace officer in4
the line of duty; to provide for adoption of rules and regulations by the board of the5
Department of Corrections; to provide for the adoption of a rule relating to housing an inmate6
convicted of murder of a peace officer killed in the line of duty in a close security facility;7
to provide for the adoption of a rule relating to any transfer of such inmate to a lower security8
facility; to provide for a short title; to provide for definitions; to provide for related matters;9
to repeal conflicting laws; and for other purposes.10
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11
SECTION 1.12
This Act shall be known and may be cited as "Bishop's Law."13 23 LC 39 3599
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SECTION 2.
14
Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to15
procedure for sentencing and imposition of punishment, is amended in Code Section16
17-10-12, relating to affidavit specifying number of days spent in confinement, disposition17
of affidavit, and granting of credit to defendant, by revising subsection (b) as follows:18
"(b)(1)
The clerk of the court shall transmit a copy of the custodian's affidavit to the19
Department of Corrections when the defendant has been sentenced to the custody of the20
department. The Department of Corrections shall give the defendant credit for the number21
of days spent in confinement prior to conviction and sentence, as reflected in the22
custodian's affidavit, before forwarding the record to the State Board of Pardons and23
Paroles.24
(2) When the defendant has been sentenced to the custody of the Department of25
Corrections for a conviction of Code Section 16-5-1 in which the victim was a peace26
officer killed in the line of duty, the clerk of court shall transmit notification thereof.27
(3) No later than January 1, 2024, the clerk of any court which sentenced a defendant28
who is currently in the custody of the Department of Corrections for a conviction of Code29
Section 16-5-1 in which the victim was a peace officer killed in the line of duty shall30
transmit to the department notification that such individual was convicted of such crime."31
SECTION 3.32
Chapter 2 of Title 42 of the Official Code of Georgia Annotated, relating to board and33
Department of Corrections, is amended by revising Code Section 42-2-11, relating to powers34
and duties of board and adoption of rules and regulations, as follows:35
"42-2-11.36
(a) As used in this Code section, the term:37
(1) 'Close security or special mission facility' means a facility with security measures38
designed for offenders requiring the maximum level of oversight.39 23 LC 39 3599
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(2) 'Evidence based practices' means supervision policies, procedures, programs, and40
practices that scientific research has demonstrated to reduce recidivism among41
individuals who are under some form of correctional supervision.42
(3) 'Peace officer' means a person who is certified to exercise the powers of arrest.43
(4) 'Recidivism' means returning to prison or jail within three years of being placed on44
probation or being discharged or released from a department or jail facility.45
(5) 'Rules and regulations' shall have the same meaning as the word 'rule' in46
paragraph (6) of Code Section 50-13-2.47
(a)(b) The board shall establish the general policy to be followed by the department and48
shall have the duties, powers, authority, and jurisdiction provided for in this title or as49
otherwise provided by law.50
(b)(c) The board is authorized to adopt, establish, and promulgate rules and regulations51
governing the transaction of the business of the state penal system of the state by the52
department and the commissioner and the administration of the affairs of the penal system53
in the different penal institutions coming under its authority and supervision and shall make54
the institutions as self-supporting as possible. Such rules and regulations shall address the:55
(c)(1) The board shall adopt rules governing the assignment Assignment, housing,56
working, feeding, clothing, treatment, discipline, rehabilitation, training, and57
hospitalization of all inmates coming under its custody., provided that any inmate58
convicted of murder of a peace officer killed in the line of duty shall be assigned housing59
at a close security or special mission facility;60
(2)(A) As used in this paragraph, the term:61
(i) 'Evidence based practices' means supervision policies, procedures, programs, and62
practices that scientific research demonstrates reduce recidivism among individuals63
who are under some form of correctional supervision.64
(ii) 'Recidivism' means returning to prison or jail within three years of being placed65
on probation or being discharged or released from a department or jail facility.66 23 LC 39 3599
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(B)(2) Management The board shall adopt rules and regulations governing the67
management and treatment of inmates coming under its custody to ensure that evidence68
based practices, including the use of a risk and needs assessment and any other method69
the board deems appropriate, guide decisions related to preparing inmates for release into70
the community;. Any risk and needs assessment instrument shall be revalidated by71
January 1, 2019, and every five years thereafter. The board shall require the department72
to collect and analyze data and performance outcomes relevant to the level and type of73
treatment given to an inmate and the outcome of the treatment on his or her recidivism74
and prepare an annual report regarding such information which shall be submitted to the75
Governor, the Lieutenant Governor, the Speaker of the House of Representatives, and the76
chairpersons of the House Committee on Judiciary and the Senate Judiciary Committee.77
(C) Using evidence based practices, the board shall evaluate the quality of the78
programming utilized at all department facilities, except state prisons, by January 1,79
2019, and every five years thereafter, and shall publicly publish its report.80
(d)(3) Welfare The board shall also adopt rules and regulations governing the conduct81
and the welfare of the employees of the state institutions operating under its authority and82
of the county correctional institutions and correctional facilities or programs operating83
under its supervision. It shall prescribe the, including the prescription of working hours84
and conditions of work for employees in the office of the commissioner and in85
institutions operating under the authority of the board.;86
(e)(4) Negotiation The board shall also adopt rules and regulations governing the87
negotiation and execution of any contract for the land acquisition, design, construction,88
operation, maintenance, use, lease, or management of a state correctional institution or89
for any services pertaining to the custody, care, and control of inmates or other functions90
as are related to the discharge of these responsibilities.;91
(f) The board shall adopt rules:92 23 LC 39 3599
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(1)(5) Transfer Providing for the transfer to a higher security facility of each inmate who93
commits battery or aggravated assault against a correctional officer while in custody;94
provided, however, that this provision shall not apply in instances where the inmate is95
already incarcerated in a maximum security close security or special mission facility; and96
(2)(6) Procedures Specifying the procedures for offering department assistance to97
employees who are victims of battery or aggravated assault by inmates in filing criminal98
charges or civil actions against their assailants, including procedures for posting notices99
that such assistance is available to any employee who is subjected to battery or100
aggravated assault by an inmate, but not including legal representation of such101
employees; and102
(7) Prohibition of the transfer of any inmate convicted of murder of a peace officer killed103
in the line of duty to a lower security facility; provided, however, that those inmates104
eligible for parole may be moved to a lower security facility upon approval and direction105
of the State Board of Pardons and Paroles.106
(d)(1) Any risk and needs assessment instrument shall be revalidated by January 1, 2019,107
and every five years thereafter. The board shall require the department to collect and108
analyze data and performance outcomes relevant to the level and type of treatment given109
to an inmate and the outcome of the treatment on his or her recidivism and prepare an110
annual report regarding such information which shall be submitted to the Governor, the111
Lieutenant Governor, the Speaker of the House of Representatives, and the chairpersons112
of the House Committee on Judiciary and the Senate Judiciary Committee.113
(2) Using evidence based practices, the board shall evaluate the quality of the114
programming utilized at all department facilities except state prisons by January 1, 2019,115
and every five years thereafter, and shall publicly publish its report.116
(g)(e) All rules and regulations adopted pursuant to this Code section shall be adopted,117
established, promulgated, amended, repealed, filed, and published in accordance with the118
applicable provisions and procedure as set forth in Chapter 13 of Title 50, the 'Georgia119 23 LC 39 3599
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Administrative Procedure Act.' The courts shall take judicial notice of any such rules or
120
regulations.121
(h) As used in this Code section, the words 'rules and regulations' shall have the same
122
meaning as the word 'rule' is defined in paragraph (6) of Code Section 50-13-2.123
(i)(f) The board shall have the authority to request bids and proposals and to enter into124
contracts for the operation of probation detention centers by private companies and entities125
for the confinement of probationers under Code Section 42-8-35.4. The board shall have126
the authority to adopt, establish, and promulgate rules and regulations for the operation of127
probation detention centers by private companies and entities."128
SECTION 4.129
All laws and parts of laws in conflict with this Act are repealed.130