8 | | - | To amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, |
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9 | | - | 1 |
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10 | | - | relating to medical assistance generally, so as to require the Department of Community2 |
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11 | | - | Health to include continuous glucose monitors as a benefit for Medicaid recipients via the3 |
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12 | | - | most cost-effective benefit delivery channel; to provide for coverage criteria; to provide for4 |
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13 | | - | certain consultations by treating practitioners; to provide for related matters; to provide for5 |
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14 | | - | an effective date; to repeal conflicting laws; and for other purposes.6 |
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15 | | - | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 |
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16 | | - | SECTION 1.8 |
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17 | | - | Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to9 |
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18 | | - | medical assistance generally, is amended by adding a new Code section to read as follows:10 |
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19 | | - | "49-4-159.2. |
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20 | | - | 11 |
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21 | | - | (a) On and after July 1, 2023, the department shall include coverage for continuous12 |
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22 | | - | glucose monitors as a benefit under Medicaid via the most cost-effective benefit delivery13 |
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23 | | - | channel. The criteria for such coverage shall be updated to align with current standards of14 |
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24 | | - | care and shall include, but shall not be limited to, requirements that:15 |
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25 | | - | (1) The recipient has been diagnosed with diabetes mellitus by a treating practitioner;16 |
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26 | | - | S. B. 35 |
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27 | | - | - 1 - 24 SB 35/AP |
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28 | | - | (2) The recipient's treating practitioner has concluded that the recipient or the recipient's17 |
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29 | | - | caregiver has had sufficient training in using a continuous glucose monitor as evidenced18 |
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30 | | - | by the provision of a prescription therefor; and19 |
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31 | | - | (3) The recipient:20 |
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32 | | - | (A) Is treated with at least one daily administration of insulin; or21 |
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33 | | - | (B) Has a history of problematic hypoglycemia with documentation of at least one of22 |
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34 | | - | the following:23 |
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35 | | - | (i) Recurrent level 2 hypoglycemic events (glucose less than 54 mg/dL (3.0 mmol/L))24 |
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36 | | - | that persist despite two or more attempts to adjust medication, modify the diabetes25 |
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37 | | - | treatment plan, or both; or26 |
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38 | | - | (ii) A history of a level 3 hypoglycemic event (glucose less than 54 mg/dL27 |
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39 | | - | (3.0 mmol/L)) characterized by altered mental or physical state requiring third-party28 |
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40 | | - | assistance for treatment for hypoglycemia.29 |
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41 | | - | (b) Within six months prior to prescribing a continuous glucose monitor for a recipient,30 |
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42 | | - | the treating practitioner shall have had an in-person or telehealth visit with the recipient to31 |
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43 | | - | evaluate the recipient's diabetes control and shall have concluded that the recipient meets32 |
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44 | | - | the criteria set forth in subsection (a) of this Code section.33 |
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45 | | - | (c) Every six months following the initial prescription of a continuous glucose monitor,34 |
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46 | | - | the treating practitioner shall have an in-person or telehealth visit with the recipient to35 |
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47 | | - | assess adherence to his or her continuous glucose monitor regimen and diabetes treatment36 |
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48 | | - | plan."37 |
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49 | | - | SECTION 2.38 |
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50 | | - | This Act shall become effective on July 1, 2023.39 |
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51 | | - | SECTION 3.40 |
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52 | | - | All laws and parts of laws in conflict with this Act are repealed.41 |
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53 | | - | S. B. 35 |
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| 6 | + | To amend Article 4 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated,1 |
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| 7 | + | relating to the Claims Advisory Board, so as to create the Wrongful Conviction2 |
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| 8 | + | Compensation Review Panel; to provide for a short title; to provide for applicability; to3 |
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| 9 | + | provide for definitions; to provide for the composition of such panel; to provide for the4 |
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| 10 | + | burden of proof and evidence to be considered by such panel; to provide for evaluation of5 |
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| 11 | + | claims by such panel; to provide for notice of claims, forms, and hearings; to provide for6 |
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| 12 | + | such panel to make recommendations to such board; to provide for payments; to provide for7 |
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| 13 | + | related matters; to repeal conflicting laws; and for other purposes.8 |
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| 14 | + | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9 |
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| 15 | + | SECTION 1.10 |
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| 16 | + | Article 4 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to the11 |
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| 17 | + | Claims Advisory Board, is amended in Part 1, relating to general provisions, by revising12 |
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| 18 | + | Code Section 28-5-60, relating to such board's creation, membership, and representation of13 |
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| 19 | + | members by deputies or other designated employees, as follows:14 LC 44 2396S |
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| 21 | + | "28-5-60.15 |
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| 22 | + | (a) As used in this article, the term:16 |
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| 23 | + | (1) 'Board' means the Claims Advisory Board created in subsection (b) of this Code17 |
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| 24 | + | section.18 |
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| 25 | + | (2) 'The state or any of its departments or agencies' means any department, agency,19 |
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| 26 | + | bureau, or commission of state government, excluding state authorities, and also20 |
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| 27 | + | excluding any county or municipal department, agency, bureau, commission, or authority.21 |
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| 28 | + | (b) There is created the Claims Advisory Board, hereinafter called the board, to be22 |
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| 29 | + | composed of the Secretary of State, who shall be the chairman chairperson, the23 |
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| 30 | + | commissioner of human services, the commissioner of corrections, and the commissioner24 |
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| 31 | + | of transportation. Whenever the board takes any official action authorized under the law25 |
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| 32 | + | or duly promulgated rules and regulations, three of the members shall constitute a quorum,26 |
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| 33 | + | ; however, any of those individuals named above may be represented by a deputy or other27 |
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| 34 | + | designated employee; and any such action shall be valid if any two of the remaining three28 |
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| 35 | + | individuals members are present during such action. Any board member may be29 |
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| 36 | + | represented by a deputy or other designated employee, and such individual's actions shall30 |
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| 37 | + | have the same effect as a board member's actions.31 |
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| 38 | + | (b)(c) The Claims Advisory Board board is assigned to the Secretary of State for32 |
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| 39 | + | administrative purposes only as prescribed in Code Section 50-4-3."33 |
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| 40 | + | SECTION 2.34 |
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| 41 | + | Said article is further amended in said part by repealing Code Section 28-5-60.1, relating to35 |
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| 42 | + | "the state or any of its departments or agencies" defined, in its entirety.36 |
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| 43 | + | SECTION 3.37 |
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| 44 | + | Said article is further amended in Part 2, relating to claims against state or departments or38 |
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| 45 | + | agencies, by adding a new Code section to read as follows:39 LC 44 2396S |
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| 46 | + | - 3 - |
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| 47 | + | "28-5-87.40 |
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| 48 | + | The provisions of this part shall not apply to a claim made pursuant to Part 4 of this article."41 |
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| 49 | + | SECTION 4.42 |
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| 50 | + | Said article is further amended by adding a new part to read as follows:43 |
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| 51 | + | "Part 444 |
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| 52 | + | 28-5-110.45 |
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| 53 | + | This part shall be known and may be cited as the 'Wrongful Conviction Compensation Act.'46 |
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| 54 | + | 28-5-111.47 |
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| 55 | + | (a) As used in this part, the term:48 |
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| 56 | + | (1) 'Exonerated' means an individual:49 |
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| 57 | + | (A) Had his or her judgment of conviction reversed or vacated, or was granted a new50 |
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| 58 | + | trial, and had the indictment or accusation dismissed or nolle prossed;51 |
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| 59 | + | (B) Had his or her judgment of conviction reversed or vacated, or was granted a new52 |
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| 60 | + | trial and, upon retrial, acquitted; or53 |
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| 61 | + | (C) Received a pardon based on innocence.54 |
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| 62 | + | (2) 'Panel' means the Wrongful Conviction Compensation Review Panel.55 |
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| 63 | + | (b) The board shall have the authority to consider claims of wrongful conviction and56 |
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| 64 | + | recommend compensation pursuant to this part to the Chief Justice of the Supreme Court57 |
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| 65 | + | of Georgia.58 |
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| 66 | + | (c)(1) For purposes of considering claims of wrongful conviction and making59 |
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| 67 | + | recommendations of compensation to the board pursuant to this part, there is created the60 |
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| 68 | + | Wrongful Conviction Compensation Review Panel, to be formed under the board.61 LC 44 2396S |
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| 69 | + | - 4 - |
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| 70 | + | (2) The panel shall consist of five members, and each member shall serve for a term of62 |
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| 71 | + | three years; provided, however, that the two members first appointed under63 |
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| 72 | + | subparagraphs (A) and (B) of this paragraph shall be appointed for an initial term of one64 |
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| 73 | + | year and the two members first appointed under subparagraphs (C) and (D) of this65 |
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| 74 | + | paragraph shall be appointed for an initial term of two years; provided, however, that any66 |
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| 75 | + | member appointed to a partial initial term may serve two additional successive terms or67 |
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| 76 | + | until his or her successor has been appointed. Any member of the panel may serve two68 |
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| 77 | + | successive terms or until his or her successor has been appointed. The members of the69 |
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| 78 | + | panel shall be:70 |
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| 79 | + | (A) A judge, retired judge, or retired justice who presides over felony criminal matters71 |
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| 80 | + | in any state court of record, appointed by the Chief Justice of the Supreme Court of72 |
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| 81 | + | Georgia;73 |
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| 82 | + | (B) A current district attorney appointed by the Governor;74 |
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| 83 | + | (C) A criminal defense attorney appointed by the Governor;75 |
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| 84 | + | (D) An attorney, forensic science expert, or law professor, with expertise in wrongful76 |
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| 85 | + | convictions, appointed by the Speaker of the House of Representatives; and77 |
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| 86 | + | (E) An attorney, forensic science expert, or law professor, with expertise in wrongful78 |
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| 87 | + | convictions, appointed by the President of the Senate.79 |
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| 88 | + | (3) The members of the panel shall designate one of the members as the panel's80 |
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| 89 | + | chairperson.81 |
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| 90 | + | (4) The panel shall have the authority to promulgate rules and regulations to govern its82 |
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| 91 | + | consideration of claims brought before the panel and the recommendations by the panel83 |
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| 92 | + | to the board.84 |
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| 93 | + | 28-5-112.85 |
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| 94 | + | (a) In order to be eligible for compensation under this part, a claimant shall establish by86 |
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| 95 | + | a preponderance of evidence to the panel that:87 LC 44 2396S |
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| 96 | + | - 5 - |
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| 97 | + | (1) The claimant was convicted of one or more felonies and subsequently incarcerated;88 |
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| 98 | + | (2) The claimant proclaims his or her innocence;89 |
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| 99 | + | (3) The claimant did not commit or suborn perjury, fabricate evidence, or engage in90 |
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| 100 | + | conduct intended to bring about the conviction. A confession later found to be false, an91 |
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| 101 | + | admission of guilt later found to be false, or a guilty plea shall not constitute committing92 |
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| 102 | + | or suborning perjury, fabricating evidence, or engaging in conduct intended to bring93 |
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| 103 | + | about the conviction under this part; and94 |
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| 104 | + | (4) The claimant was exonerated of the crime for which the claim for compensation for95 |
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| 105 | + | wrongful conviction and incarceration is being made.96 |
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| 106 | + | (b) In order to receive compensation under this part, the claimant shall establish by a97 |
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| 107 | + | preponderance of evidence to the panel that:98 |
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| 108 | + | (1) The claimant received a pardon based on innocence for the conviction;99 |
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| 109 | + | (2) The claimant was exonerated based on grounds of innocence; or100 |
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| 110 | + | (3) The claimant did not commit the crime for which the claimant was convicted and did101 |
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| 111 | + | not commit any lesser included offenses.102 |
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| 112 | + | (c) The panel, in evaluating a claim brought under this part, may, in the interest of justice,103 |
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| 113 | + | give due consideration to difficulties of proof caused by the passage of time, the death or104 |
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| 114 | + | unavailability of witnesses, the destruction of evidence, and other factors not caused by the105 |
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| 115 | + | claimant or those acting on his or her behalf.106 |
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| 116 | + | (d) The panel is authorized to determine:107 |
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| 117 | + | (1) Whether a claimant qualified for compensation under this part; and108 |
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| 118 | + | (2) The recommended amount of compensation, if any, with any such amount to be109 |
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| 119 | + | included in the board's transmittal provided for in subsection (b) of Code110 |
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| 120 | + | Section 28-5-115.111 LC 44 2396S |
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| 121 | + | - 6 - |
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| 122 | + | 28-5-113.112 |
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| 123 | + | (a) No claim for payment of compensation under this part shall be considered by the panel113 |
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| 124 | + | unless a notice of claim has been filed with the board within three years after the date the114 |
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| 125 | + | claimant's eligibility has been established as set forth in paragraph (4) of subsection (a) of115 |
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| 126 | + | Code Section 28-5-112 or within three years of July 1, 2023, whichever occurs later.116 |
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| 127 | + | (b) The panel shall provide forms to be used in filing a notice of claim and shall make117 |
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| 128 | + | them available for such purpose. The forms shall specify what evidence the panel will118 |
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| 129 | + | require in order to process a claim pursuant to subsections (a) and (b) of Code119 |
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| 130 | + | Section 28-5-112. Such information shall include documentation supporting a claimant's120 |
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| 131 | + | eligibility for compensation and showing of innocence. If a claim does not contain all121 |
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| 132 | + | information requested in the form, the panel shall contact the claimant to request this122 |
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| 133 | + | information, in writing, within 30 days of discovering the information is missing, and123 |
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| 134 | + | provide the claimant 60 days to supplement his or her claim.124 |
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| 135 | + | (c) Once the panel is in receipt of all information requested under subsection (b) of this125 |
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| 136 | + | Code section, and if the panel determines the claimant is eligible under subsection (a) of126 |
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| 137 | + | Code Section 28-5-112 for consideration for compensation, the panel shall, within 90 days127 |
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| 138 | + | of receiving the notice of claim and requested information:128 |
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| 139 | + | (1) Conduct a hearing if it determines a hearing is necessary to make a recommendation129 |
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| 140 | + | under this part; or130 |
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| 141 | + | (2) Make a provisional judgment on the eligibility of the claimant and the recommended131 |
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| 142 | + | award and provide its provisional judgment to the claimant. Upon receiving notice of the132 |
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| 143 | + | panel's provisional judgment, the claimant shall have 14 days to request a hearing before133 |
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| 144 | + | the panel if the claimant wishes for further review of his or her claim. If the claimant134 |
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| 145 | + | requests a hearing under this paragraph, the panel shall conduct a hearing within 60 days.135 |
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| 146 | + | (d) In the event a hearing is to be held, the claimant, the district attorney for the circuit in136 |
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| 147 | + | which the conviction occurred, and the Attorney General shall be notified of the date, time,137 |
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| 148 | + | and place of the hearing and shall be entitled to present evidence at such hearing.138 LC 44 2396S |
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| 149 | + | - 7 - |
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| 150 | + | (e) Proceedings before the panel shall be governed by rules established by the panel. A139 |
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| 151 | + | claimant may be represented by an attorney as he or she shall choose.140 |
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| 152 | + | 28-5-114.141 |
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| 153 | + | (a) Upon determining a claimant meets the criteria of subsections (a) and (b) of Code142 |
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| 154 | + | Section 28-5-112, the panel shall recommend to the board that the claimant be awarded143 |
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| 155 | + | compensation for wrongful conviction and incarceration.144 |
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| 156 | + | (b) In recommending compensation pursuant to subsection (a) of this Code section, the145 |
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| 157 | + | panel:146 |
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| 158 | + | (1) May include $120,000.00 per year, but shall include no less than $60,000.00 per year,147 |
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| 159 | + | for each year of wrongful incarceration, provided that a prorated amount shall be148 |
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| 160 | + | allocated to any partial year served; and149 |
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| 161 | + | (2) May include the claimant's incurred reasonable attorney's fees and other expenses in150 |
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| 162 | + | connection with all associated criminal and habeas corpus proceedings, obtaining the151 |
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| 163 | + | claimant's discharge from confinement, and filing of a claim for compensation under this152 |
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| 164 | + | part.153 |
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| 165 | + | (c) In calculating time of incarceration, the panel shall only include time for the charge for154 |
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| 166 | + | which the claimant is making a claim under this part consistent with the requirements of155 |
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| 167 | + | Code Section 17-10-11; provided, however, that a claimant shall not be entitled to156 |
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| 168 | + | compensation under this part for any portion of a sentence spent incarcerated during which157 |
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| 169 | + | the claimant was also serving a concurrent sentence of incarceration for another crime to158 |
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| 170 | + | which this part does not apply.159 |
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| 171 | + | (d)(1) Any payment of compensation may be made to or for the benefit of the claimant;160 |
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| 172 | + | or in the case of the death of the claimant, to or for the benefit of one or more of the heirs161 |
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| 173 | + | at law of the claimant, or, if the claimant chooses, up to one other person who is not an162 |
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| 174 | + | heir at law as designated by the claimant.163 LC 44 2396S |
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| 175 | + | - 8 - |
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| 176 | + | (2) Payment of compensation shall be made in the form of cash; provided, however, that164 |
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| 177 | + | payment of any amount in excess of $1.5 million shall be made in the form of an annuity165 |
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| 178 | + | as follows:166 |
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| 179 | + | (A) For a claimant who is under 60 years of age, in equal prorated amounts annually167 |
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| 180 | + | over a 20 year period; and168 |
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| 181 | + | (B) For a claimant who is 60 years of age or older, in equal prorated amounts annually169 |
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| 182 | + | over a ten-year period.170 |
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| 183 | + | (e) In recommending compensation pursuant to subsection (a) of this Code section, the171 |
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| 184 | + | panel shall strive for consistency between claimants.172 |
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| 185 | + | (f) The dollar amounts specified in this Code section shall be adjusted annually by an173 |
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| 186 | + | amount calculated by multiplying such dollar amounts (as adjusted for the preceding year)174 |
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| 187 | + | by the annual percentage change in the consumer price index, or its successor or175 |
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| 188 | + | appropriate replacement index, if any, published by the United States Department of Labor176 |
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| 189 | + | for the preceding calendar year, commencing on July 1, 2023.177 |
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| 190 | + | 28-5-115.178 |
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| 191 | + | (a) Within six months, or within a year if a hearing was held, of receiving the claimant's179 |
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| 192 | + | notice of claim and all information requested under subsection (b) of Code180 |
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| 193 | + | Section 28-5-113, the panel shall prepare a written recommendation to the board including:181 |
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| 194 | + | (1) A statement of its findings as to whether the claimant has met the requirements of182 |
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| 195 | + | subsections (a) and (b) of Code Section 28-5-112;183 |
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| 196 | + | (2) A statement explaining the panel's calculation of compensable time; and184 |
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| 197 | + | (3) A statement detailing the amount and forms of compensation.185 |
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| 198 | + | (b) The board shall adopt the recommendation of the panel as its own and upon adopting186 |
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| 199 | + | the recommendation of the panel shall transmit the recommendation and the statement of187 |
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| 200 | + | the panel to the Chief Justice of the Supreme Court of Georgia within seven days of188 |
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| 201 | + | receiving it from the panel.189 LC 44 2396S |
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| 202 | + | - 9 - |
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| 203 | + | (c) If the Chief Justice of the Supreme Court of Georgia receives the recommendation of190 |
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| 204 | + | the board on or before September 1, he or she shall include the compensation191 |
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| 205 | + | recommended by the board under this part in the amended budget for the Judicial Council192 |
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| 206 | + | of Georgia for the current fiscal year. If the Chief Justice of the Supreme Court of Georgia193 |
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| 207 | + | receives the recommendation of the board after September 1, he or she shall include the194 |
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| 208 | + | compensation recommended by the board under this part in the budget for the Judicial195 |
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| 209 | + | Council of Georgia for the next fiscal year.196 |
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| 210 | + | (d) Any award of compensation made pursuant to this part shall not be:197 |
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| 211 | + | (1) Subject to any monetary limitation of damages awarded in civil actions;198 |
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| 212 | + | (2) Subject to any state income taxes; provided, however, that the award of attorney's199 |
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| 213 | + | fees shall be subject to taxation; or200 |
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| 214 | + | (3) Offset by any expense incurred by this state or any political subdivision thereof201 |
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| 215 | + | related to the claimant's incarceration.202 |
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| 216 | + | (e) The General Assembly waives sovereign immunity of this state for the purpose of203 |
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| 217 | + | authorizing payment of claims against this state pursuant to the authority of this part.204 |
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| 218 | + | (f) No award of compensation pursuant to this part shall be disbursed to a claimant who205 |
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| 219 | + | had his or her judgment of conviction reversed or vacated, or was granted a new trial, and206 |
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| 220 | + | had the indictment or accusation dismissed or nolle prossed until the time period set forth207 |
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| 221 | + | in Code Section 17-3-3 has lapsed or the prosecutor has affirmatively declined further208 |
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| 222 | + | prosecution.209 |
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| 223 | + | 28-5-116.210 |
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| 224 | + | (a) If, at the time a claim is made under this part to the panel, the claimant has won a211 |
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| 225 | + | monetary award against the state or any political subdivision thereof in the final judgment212 |
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| 226 | + | of a civil action related to the wrongful conviction or has entered into a settlement213 |
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| 227 | + | agreement with the state or any political subdivision thereof related to the wrongful214 |
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| 228 | + | conviction, the amount of the award in the action or the amount received in the settlement215 LC 44 2396S |
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| 229 | + | - 10 - |
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| 230 | + | agreement, less any sums paid to attorneys for costs in litigating other civil action or216 |
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| 231 | + | obtaining the settlement agreement, shall be deducted from the sum of money to which the217 |
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| 232 | + | panel shall usually recommend under this part.218 |
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| 233 | + | (b) If, after the time a claim is made under this part to the panel, the claimant wins a219 |
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| 234 | + | monetary award against the state or any political subdivision thereof in the final judgment220 |
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| 235 | + | of a civil action related to the wrongful conviction, the court shall deduct from such221 |
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| 236 | + | monetary award an amount equal to the sum of money awarded under this part as222 |
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| 237 | + | compensation for wrongful conviction, less any sums paid to attorneys or for costs in223 |
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| 238 | + | litigating other civil action or obtaining the settlement agreement."224 |
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| 239 | + | SECTION 5.225 |
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| 240 | + | All laws and parts of laws in conflict with this Act are repealed.226 |
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