| 1 | 1 | | 23 LC 39 3599 |
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| 2 | 2 | | H. B. 137 |
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| 3 | 3 | | - 1 - |
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| 4 | 4 | | House Bill 137 |
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| 5 | 5 | | By: Representatives Crowe of the 118 |
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| 6 | 6 | | th |
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| 7 | 7 | | , Collins of the 71 |
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| 8 | 8 | | st |
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| 9 | 9 | | , Mathis of the 149 |
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| 10 | 10 | | th |
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| 11 | 11 | | , and |
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| 12 | 12 | | McCollum of the 30 |
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| 13 | 13 | | th |
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| 14 | 14 | | |
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| 15 | 15 | | A BILL TO BE ENTITLED |
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| 16 | 16 | | AN ACT |
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| 17 | 17 | | To amend Article 1 of Chapter 10 of Title 17 and Chapter 2 of Title 42 of the Official Code |
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| 18 | 18 | | 1 |
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| 19 | 19 | | of Georgia Annotated, relating to procedure for sentencing and imposition of punishment and2 |
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| 20 | 20 | | board and Department of Corrections, respectively, so as to provide for notification to the3 |
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| 21 | 21 | | Department of Corrections when a prisoner has been convicted of killing a peace officer in4 |
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| 22 | 22 | | the line of duty; to provide for adoption of rules and regulations by the board of the5 |
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| 23 | 23 | | Department of Corrections; to provide for the adoption of a rule relating to housing an inmate6 |
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| 24 | 24 | | convicted of murder of a peace officer killed in the line of duty in a close security facility;7 |
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| 25 | 25 | | to provide for the adoption of a rule relating to any transfer of such inmate to a lower security8 |
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| 26 | 26 | | facility; to provide for a short title; to provide for definitions; to provide for related matters;9 |
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| 27 | 27 | | to repeal conflicting laws; and for other purposes.10 |
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| 28 | 28 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11 |
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| 29 | 29 | | SECTION 1.12 |
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| 30 | 30 | | This Act shall be known and may be cited as "Bishop's Law."13 23 LC 39 3599 |
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| 31 | 31 | | H. B. 137 |
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| 32 | 32 | | - 2 - |
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| 33 | 33 | | SECTION 2. |
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| 34 | 34 | | 14 |
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| 35 | 35 | | Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to15 |
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| 36 | 36 | | procedure for sentencing and imposition of punishment, is amended in Code Section16 |
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| 37 | 37 | | 17-10-12, relating to affidavit specifying number of days spent in confinement, disposition17 |
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| 38 | 38 | | of affidavit, and granting of credit to defendant, by revising subsection (b) as follows:18 |
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| 39 | 39 | | "(b)(1) |
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| 40 | 40 | | The clerk of the court shall transmit a copy of the custodian's affidavit to the19 |
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| 41 | 41 | | Department of Corrections when the defendant has been sentenced to the custody of the20 |
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| 42 | 42 | | department. The Department of Corrections shall give the defendant credit for the number21 |
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| 43 | 43 | | of days spent in confinement prior to conviction and sentence, as reflected in the22 |
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| 44 | 44 | | custodian's affidavit, before forwarding the record to the State Board of Pardons and23 |
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| 45 | 45 | | Paroles.24 |
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| 46 | 46 | | (2) When the defendant has been sentenced to the custody of the Department of25 |
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| 47 | 47 | | Corrections for a conviction of Code Section 16-5-1 in which the victim was a peace26 |
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| 48 | 48 | | officer killed in the line of duty, the clerk of court shall transmit notification thereof.27 |
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| 49 | 49 | | (3) No later than January 1, 2024, the clerk of any court which sentenced a defendant28 |
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| 50 | 50 | | who is currently in the custody of the Department of Corrections for a conviction of Code29 |
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| 51 | 51 | | Section 16-5-1 in which the victim was a peace officer killed in the line of duty shall30 |
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| 52 | 52 | | transmit to the department notification that such individual was convicted of such crime."31 |
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| 53 | 53 | | SECTION 3.32 |
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| 54 | 54 | | Chapter 2 of Title 42 of the Official Code of Georgia Annotated, relating to board and33 |
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| 55 | 55 | | Department of Corrections, is amended by revising Code Section 42-2-11, relating to powers34 |
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| 56 | 56 | | and duties of board and adoption of rules and regulations, as follows:35 |
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| 57 | 57 | | "42-2-11.36 |
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| 58 | 58 | | (a) As used in this Code section, the term:37 |
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| 59 | 59 | | (1) 'Close security or special mission facility' means a facility with security measures38 |
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| 60 | 60 | | designed for offenders requiring the maximum level of oversight.39 23 LC 39 3599 |
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| 61 | 61 | | H. B. 137 |
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| 62 | 62 | | - 3 - |
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| 63 | 63 | | (2) 'Evidence based practices' means supervision policies, procedures, programs, and40 |
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| 64 | 64 | | practices that scientific research has demonstrated to reduce recidivism among41 |
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| 65 | 65 | | individuals who are under some form of correctional supervision.42 |
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| 66 | 66 | | (3) 'Peace officer' means a person who is certified to exercise the powers of arrest.43 |
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| 67 | 67 | | (4) 'Recidivism' means returning to prison or jail within three years of being placed on44 |
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| 68 | 68 | | probation or being discharged or released from a department or jail facility.45 |
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| 69 | 69 | | (5) 'Rules and regulations' shall have the same meaning as the word 'rule' in46 |
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| 70 | 70 | | paragraph (6) of Code Section 50-13-2.47 |
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| 71 | 71 | | (a)(b) The board shall establish the general policy to be followed by the department and48 |
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| 72 | 72 | | shall have the duties, powers, authority, and jurisdiction provided for in this title or as49 |
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| 73 | 73 | | otherwise provided by law.50 |
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| 74 | 74 | | (b)(c) The board is authorized to adopt, establish, and promulgate rules and regulations51 |
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| 75 | 75 | | governing the transaction of the business of the state penal system of the state by the52 |
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| 76 | 76 | | department and the commissioner and the administration of the affairs of the penal system53 |
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| 77 | 77 | | in the different penal institutions coming under its authority and supervision and shall make54 |
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| 78 | 78 | | the institutions as self-supporting as possible. Such rules and regulations shall address the:55 |
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| 79 | 79 | | (c)(1) The board shall adopt rules governing the assignment Assignment, housing,56 |
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| 80 | 80 | | working, feeding, clothing, treatment, discipline, rehabilitation, training, and57 |
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| 81 | 81 | | hospitalization of all inmates coming under its custody., provided that any inmate58 |
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| 82 | 82 | | convicted of murder of a peace officer killed in the line of duty shall be assigned housing59 |
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| 83 | 83 | | at a close security or special mission facility;60 |
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| 84 | 84 | | (2)(A) As used in this paragraph, the term:61 |
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| 85 | 85 | | (i) 'Evidence based practices' means supervision policies, procedures, programs, and62 |
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| 86 | 86 | | practices that scientific research demonstrates reduce recidivism among individuals63 |
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| 87 | 87 | | who are under some form of correctional supervision.64 |
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| 88 | 88 | | (ii) 'Recidivism' means returning to prison or jail within three years of being placed65 |
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| 89 | 89 | | on probation or being discharged or released from a department or jail facility.66 23 LC 39 3599 |
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| 90 | 90 | | H. B. 137 |
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| 91 | 91 | | - 4 - |
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| 92 | 92 | | (B)(2) Management The board shall adopt rules and regulations governing the67 |
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| 93 | 93 | | management and treatment of inmates coming under its custody to ensure that evidence68 |
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| 94 | 94 | | based practices, including the use of a risk and needs assessment and any other method69 |
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| 95 | 95 | | the board deems appropriate, guide decisions related to preparing inmates for release into70 |
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| 96 | 96 | | the community;. Any risk and needs assessment instrument shall be revalidated by71 |
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| 97 | 97 | | January 1, 2019, and every five years thereafter. The board shall require the department72 |
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| 98 | 98 | | to collect and analyze data and performance outcomes relevant to the level and type of73 |
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| 99 | 99 | | treatment given to an inmate and the outcome of the treatment on his or her recidivism74 |
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| 100 | 100 | | and prepare an annual report regarding such information which shall be submitted to the75 |
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| 101 | 101 | | Governor, the Lieutenant Governor, the Speaker of the House of Representatives, and the76 |
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| 102 | 102 | | chairpersons of the House Committee on Judiciary and the Senate Judiciary Committee.77 |
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| 103 | 103 | | (C) Using evidence based practices, the board shall evaluate the quality of the78 |
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| 104 | 104 | | programming utilized at all department facilities, except state prisons, by January 1,79 |
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| 105 | 105 | | 2019, and every five years thereafter, and shall publicly publish its report.80 |
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| 106 | 106 | | (d)(3) Welfare The board shall also adopt rules and regulations governing the conduct81 |
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| 107 | 107 | | and the welfare of the employees of the state institutions operating under its authority and82 |
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| 108 | 108 | | of the county correctional institutions and correctional facilities or programs operating83 |
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| 109 | 109 | | under its supervision. It shall prescribe the, including the prescription of working hours84 |
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| 110 | 110 | | and conditions of work for employees in the office of the commissioner and in85 |
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| 111 | 111 | | institutions operating under the authority of the board.;86 |
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| 112 | 112 | | (e)(4) Negotiation The board shall also adopt rules and regulations governing the87 |
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| 113 | 113 | | negotiation and execution of any contract for the land acquisition, design, construction,88 |
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| 114 | 114 | | operation, maintenance, use, lease, or management of a state correctional institution or89 |
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| 115 | 115 | | for any services pertaining to the custody, care, and control of inmates or other functions90 |
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| 116 | 116 | | as are related to the discharge of these responsibilities.;91 |
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| 117 | 117 | | (f) The board shall adopt rules:92 23 LC 39 3599 |
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| 118 | 118 | | H. B. 137 |
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| 119 | 119 | | - 5 - |
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| 120 | 120 | | (1)(5) Transfer Providing for the transfer to a higher security facility of each inmate who93 |
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| 121 | 121 | | commits battery or aggravated assault against a correctional officer while in custody;94 |
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| 122 | 122 | | provided, however, that this provision shall not apply in instances where the inmate is95 |
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| 123 | 123 | | already incarcerated in a maximum security close security or special mission facility; and96 |
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| 124 | 124 | | (2)(6) Procedures Specifying the procedures for offering department assistance to97 |
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| 125 | 125 | | employees who are victims of battery or aggravated assault by inmates in filing criminal98 |
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| 126 | 126 | | charges or civil actions against their assailants, including procedures for posting notices99 |
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| 127 | 127 | | that such assistance is available to any employee who is subjected to battery or100 |
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| 128 | 128 | | aggravated assault by an inmate, but not including legal representation of such101 |
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| 129 | 129 | | employees; and102 |
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| 130 | 130 | | (7) Prohibition of the transfer of any inmate convicted of murder of a peace officer killed103 |
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| 131 | 131 | | in the line of duty to a lower security facility; provided, however, that those inmates104 |
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| 132 | 132 | | eligible for parole may be moved to a lower security facility upon approval and direction105 |
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| 133 | 133 | | of the State Board of Pardons and Paroles.106 |
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| 134 | 134 | | (d)(1) Any risk and needs assessment instrument shall be revalidated by January 1, 2019,107 |
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| 135 | 135 | | and every five years thereafter. The board shall require the department to collect and108 |
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| 136 | 136 | | analyze data and performance outcomes relevant to the level and type of treatment given109 |
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| 137 | 137 | | to an inmate and the outcome of the treatment on his or her recidivism and prepare an110 |
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| 138 | 138 | | annual report regarding such information which shall be submitted to the Governor, the111 |
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| 139 | 139 | | Lieutenant Governor, the Speaker of the House of Representatives, and the chairpersons112 |
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| 140 | 140 | | of the House Committee on Judiciary and the Senate Judiciary Committee.113 |
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| 141 | 141 | | (2) Using evidence based practices, the board shall evaluate the quality of the114 |
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| 142 | 142 | | programming utilized at all department facilities except state prisons by January 1, 2019,115 |
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| 143 | 143 | | and every five years thereafter, and shall publicly publish its report.116 |
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| 144 | 144 | | (g)(e) All rules and regulations adopted pursuant to this Code section shall be adopted,117 |
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| 145 | 145 | | established, promulgated, amended, repealed, filed, and published in accordance with the118 |
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| 146 | 146 | | applicable provisions and procedure as set forth in Chapter 13 of Title 50, the 'Georgia119 23 LC 39 3599 |
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| 147 | 147 | | H. B. 137 |
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| 148 | 148 | | - 6 - |
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| 149 | 149 | | Administrative Procedure Act.' The courts shall take judicial notice of any such rules or |
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| 150 | 150 | | 120 |
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| 151 | 151 | | regulations.121 |
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| 152 | 152 | | (h) As used in this Code section, the words 'rules and regulations' shall have the same |
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| 153 | 153 | | 122 |
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| 154 | 154 | | meaning as the word 'rule' is defined in paragraph (6) of Code Section 50-13-2.123 |
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| 155 | 155 | | (i)(f) The board shall have the authority to request bids and proposals and to enter into124 |
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| 156 | 156 | | contracts for the operation of probation detention centers by private companies and entities125 |
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| 157 | 157 | | for the confinement of probationers under Code Section 42-8-35.4. The board shall have126 |
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| 158 | 158 | | the authority to adopt, establish, and promulgate rules and regulations for the operation of127 |
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| 159 | 159 | | probation detention centers by private companies and entities."128 |
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| 160 | 160 | | SECTION 4.129 |
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| 161 | 161 | | All laws and parts of laws in conflict with this Act are repealed.130 |
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