reglab/housing_qa huggingface dataset:
GA Code § 17-13-42 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 13 - Criminal Extradition|Article 2 - Uniform Criminal Extradition Act|§ 17-13-42. Demand for Return of Fugitives in Other States by Governor of This State; Issuance of Warrant to Person Receiving Fugitive

 Whenever the Governor of this state shall demand a person charged with a crime or with escaping from confinement or breaking the terms of his bail, probation, or parole in this state, from the executive authority of any other state, or from the chief justice or an associate justice of the Supreme Court of the District of Columbia authorized to receive such demand under the laws of the United States, he shall issue a warrant under the seal of the office of the Governor to some agent, commanding him to receive the person so charged if delivered to him and convey him to the proper officer of the county in this state in which the offense was committed.   (Ga. L. 1951, p. 726, § 22; Ga. L. 1983, p. 649, § 3.)   OPINIONS OF THE ATTORNEY GENERAL   Payment of expenses of person who receives fugitive.    - Under the provisions of former Code 1933, § 40-305 and Ga. L. 1951, p. 726, § 22 (see O.C.G.A. §§ 17-13-42 and45-12-51), the Governor is required to appoint a person to act as agent of this state to receive a fugitive from justice from this state and return the fugitive to the authorities of the county from which one is a fugitive. When the Governor acts under these provisions, it necessarily follows that the person is authorized to pay the expenses, such as lodging at hotels and meals. 1952-53 Op. Att'y Gen. p. 97.   RESEARCH REFERENCES   Am. Jur. 2d.   - 31A Am. Jur. 2d, Extradition, §§ 31, 138.   C.J.S.   - 35 C.J.S. (Rev), Extradition and Detainers, §§ 6, 13 et seq.   U.L.A.   - Uniform Criminal Extradition Act (U.L.A.) § 22.
GA Code § 17-13-43 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 13 - Criminal Extradition|Article 2 - Uniform Criminal Extradition Act|§ 17-13-43. Application for Issuance of Demand

  When the return to this state of a person charged with crime in this state is required, the prosecuting attorney shall present to the Governor his written application, in which application shall be stated the name of the person so charged, the crime charged against him, the approximate time, place, and circumstance of its commission, the state in which he is believed to be, including the location of the accused therein at the time the application is made, and certifying that, in the opinion of the prosecuting attorney, the ends of justice require the arrest and return of the accused to this state for trial and that the proceeding is not instituted to enforce a private claim.   When the return to this state is required of a person who has been convicted of a crime in this state and who has escaped from confinement or broken the terms of his bail, probation, or parole, the prosecuting attorney of the county in which the offense was committed, the State Board of Pardons and Paroles, or the warden of the institution or sheriff of the county from which escape was made shall present to the Governor a written application for a requisition for the return of such person. The application shall state the name of the person, the crime of which he was convicted, the circumstances of his escape from confinement or of the breach of the terms of his bail, probation, or parole and the state in which he is believed to be, including the location of the person therein at the time application is made.   The application shall be verified by affidavit, executed in duplicate, and accompanied by two certified copies of the indictment returned, information and affidavit filed, or of the complaint made to the judge or magistrate, stating the offense with which the accused is charged, or of the judgment of conviction or of the sentence. The prosecuting officer, parole board, warden, or sheriff may also attach such further affidavits and other documents in duplicate as he shall deem proper to be submitted with such application. One copy of the application, with the action of the Governor indicated by endorsement thereon, and one of the certified copies of the indictment, complaint, information and affidavits, or of the judgment of conviction or of the sentence shall be filed in the office of the Governor, to remain of record in that office. The other copies of all papers shall be forwarded with the Governor's requisition.    (Ga. L. 1951, p. 726, § 23; Ga. L. 1983, p. 649, § 4.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 31A Am. Jur. 2d, Extradition, § 67.   C.J.S.   - 35 C.J.S. (Rev), Extradition and Detainers, § 19 et seq.   U.L.A.   - Uniform Criminal Extradition Act (U.L.A.) § 23.   ALR.   - Necessity and sufficiency of identification of accused as the person charged, to warrant extradition, 93 A.L.R.2d 912.
GA Code § 17-13-44 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 13 - Criminal Extradition|Article 2 - Uniform Criminal Extradition Act|§ 17-13-44. Payment of Expenses

 When the punishment of the crime shall be the confinement of the person in a penal institution, the expenses shall be paid out of the state treasury on the certificate of the Governor and warrant of the state auditor; and in all other cases the expenses shall be paid out of the county treasury in the county wherein the crime is alleged to have been committed. The expenses shall be the fees paid to the officers of the state on whose governor the requisition is made and shall not exceed 8› per mile for all necessary travel in returning such prisoner.   (Ga. L. 1951, p. 726, § 24.)   RESEARCH REFERENCES   C.J.S.   - 35 C.J.S. (Rev), Extradition and Detainers, § 24.   U.L.A.   - Uniform Criminal Extradition Act (U.L.A.) § 24.
GA Code § 17-13-45 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 13 - Criminal Extradition|Article 2 - Uniform Criminal Extradition Act|§ 17-13-45. Immunity From Service of Process of Persons Brought Into State in Civil Actions Based on Facts in Criminal Charge

 A person brought into this state by or after waiver of extradition based on a criminal charge shall not be subject to service of personal process in civil actions arising out of the same facts as the criminal proceedings to answer which he is being or has been returned until he has been convicted in the criminal proceeding; or, if acquitted, until he has had reasonable opportunity to return to the state from which he was extradited.   (Ga. L. 1951, p. 726, § 25.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 31A Am. Jur. 2d, Extradition, § 150.   C.J.S.   - 35 C.J.S. (Rev), Extradition and Detainers, §§ 49, 50.   U.L.A.   - Uniform Criminal Extradition Act (U.L.A.) § 25.
GA Code § 17-13-46 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 13 - Criminal Extradition|Article 2 - Uniform Criminal Extradition Act|§ 17-13-46. Execution and Filing of Written Waiver of Extradition Proceedings by Accused; Delivery of Accused to Demanding State

  Any person arrested in this state charged with having committed any crime in another state or alleged to have escaped from confinement, or broken the terms of his bail, probation, or parole, may waive the issuance and service of the warrant provided for in Code Sections 17-13-27 and 17-13-28 and all other procedure incidental to extradition proceedings, by executing or subscribing in the presence of a judge of any court of record within this state a writing which states that he consents to return to the demanding state; provided, however, that before the waiver shall be executed or subscribed by the person it shall be the duty of the judge to inform the person of his rights to the issuance or service of a warrant of extradition and to obtain a writ of habeas corpus as provided in Code Section 17-13-30.   If and when the consent has been duly executed, it shall forthwith be forwarded to the office of the Governor of this state and filed therein. The judge shall direct the officer having the person in custody to deliver forthwith the person to the duly accredited agent or agents of the demanding state and shall deliver or cause to be delivered to the agent or agents a copy of the consent. Nothing in this Code section shall be deemed to limit the rights of the accused person to return voluntarily and without formality to the demanding state; nor shall this waiver procedure be deemed to be an exclusive procedure or to limit the powers, rights, or duties of the officers of the demanding state or of this state.    (Ga. L. 1951, p. 726, § 26; Ga. L. 1982, p. 3, § 17.)   OPINIONS OF THE ATTORNEY GENERAL    Individual wanted on misdemeanor charge in foreign state may waive extradition to demanding state.  1958-59 Op. Att'y Gen. p. 251.   Return of parolee without formal extradition upon revocation of parole.   - Prisoner paroled from another state and permitted to come to this state under supervision of parole officials of this state may be returned to that state without the necessity of formal extradition proceedings following service of a sentence in this state and revocation of the parole if the parole contained a condition that the prisoner would waive extradition in the event the prisoner's parole was ever revoked. 1958-59 Op. Att'y Gen. p. 252.   RESEARCH REFERENCES   Am. Jur. 2d.   - 31A Am. Jur. 2d, Extradition, § 53 et seq.   C.J.S.   - 35 C.J.S. (Rev), Extradition and Detainers, § 40 et seq.   U.L.A.   - Uniform Criminal Extradition Act (U.L.A.) § 25-A.
GA Code § 17-13-47 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 13 - Criminal Extradition|Article 2 - Uniform Criminal Extradition Act|§ 17-13-47. Effect of Article as to Right, Power, or Privilege of State to Try Demanded Person

 Nothing in this article contained shall be deemed to constitute a waiver by this state of its right, power, or privilege to try a person demanded for extradition by another state for crimes committed within this state or of its right, power, or privilege to regain custody of the person by extradition proceedings or otherwise for the purpose of trial, sentence, or punishment for any crime committed within this state; nor shall any proceedings had under this article result in, or fail to result in, extradition, be deemed a waiver by this state of any of its rights, privileges, or jurisdiction in any way whatsoever.   (Ga. L. 1951, p. 726, § 27.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 31A Am. Jur. 2d, Extradition, § 53 et seq.   C.J.S.   - 35 C.J.S. (Rev), Extradition and Detainers, § 40 et seq.   U.L.A.   - Uniform Criminal Extradition Act (U.L.A.) § 25-B.   ALR.    - Surrender of fugitive in extradition proceedings as waiver by asylum state of right to prosecute him for an offense previously committed, 93 A.L.R. 931.
GA Code § 17-13-48 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 13 - Criminal Extradition|Article 2 - Uniform Criminal Extradition Act|§ 17-13-48. Trial of Person Brought Into State for Other Criminal Prosecutions While in State

 After a person has been brought back to this state by, or after waiver of, extradition proceedings, he may be tried in this state for other crimes which he may be charged with having committed here as well as that specified in the requisition for his extradition.   (Ga. L. 1951, p. 726, § 28.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 31A Am. Jur. 2d, Extradition, § 143 et seq.   C.J.S.   - 35 C.J.S. (Rev), Extradition and Detainers, §§ 49, 50.   U.L.A.   - Uniform Criminal Extradition Act (U.L.A.) § 26.   ALR.    - Extradition: mission or motive of defendant in going to asylum state as affecting right to extradite him, 13 A.L.R. 415.
GA Code § 17-13-49 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 13 - Criminal Extradition|Article 2 - Uniform Criminal Extradition Act|§ 17-13-49. Uniform Interpretation and Construction

 This article shall be so interpreted and construed as to effectuate the general purposes to make uniform the laws of those states which enact it.   (Ga. L. 1951, p. 726, § 29.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 31A Am. Jur. 2d, Extradition, §§ 10, 11.   C.J.S.   - 82 C.J.S. (Rev), Statutes, § 486 et seq.   U.L.A.   - Uniform Criminal Extradition Act (U.L.A.) § 27.
GA Code § 17-14-1 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 14 - Restitution and Distribution of Profits to Victims of Crimes|Article 1 - Restitution|§ 17-14-1. Declaration of Public Policy

 It is declared to be the policy of this state that restitution to their victims by those found guilty of crimes or adjudicated as having committed delinquent acts is a primary concern of the criminal justice system and the juvenile justice system.   (Code 1933, § 27-3001, enacted by Ga. L. 1980, p. 1382, § 1; Ga. L. 2005, p. 88, § 5/HB 172.)   Editor's notes.   - Ga. L. 2005, p. 88, § 1/HB 172, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Crime Victims Restitution Act of 2005.'"   JUDICIAL DECISIONS   Written findings no longer required.    - Under O.C.G.A. § 17-14-1 et seq., written findings are no longer required when ordering an offender to make restitution; as a result, Garrett v. State, 175 Ga. App. 400, 333 S.E.2d 432 (1985), and its progeny, are disapproved to the extent those cases were authority for any cases involving restitution orders issued on or after July 1, 2005, the effective date of the Crime Victims Restitution Act of 2005, O.C.G.A. § 17-14-1 et seq. McCart v. State, 289 Ga. App. 830, 658 S.E.2d 465 (2008).   Restitution damages proper.    - Under preponderance of evidence standard, the trial court did not abuse the court's discretion in concluding that the defendant caused the $5,306.28 in damages to a stolen truck since the defendant was found in possession of the truck, and therefore the defendant was responsible for all damages that the truck incurred; as a result, the trial court properly ordered the defendant to pay a judgment of restitution in the amount of $5,306.28. McCart v. State, 289 Ga. App. 830, 658 S.E.2d 465 (2008).    Cited in Shelton v. State, 161 Ga. App. 524, 289 S.E.2d 768 (1982); Murphy v. State, 182 Ga. App. 791, 357 S.E.2d 147 (1987); Jackson v. State, 198 Ga. App. 261, 401 S.E.2d 289 (1990); Fuller v. State, 244 Ga. App. 618, 536 S.E.2d 296 (2000); In the Interest of D. D., 335 Ga. App. 676, 782 S.E.2d 728 (2016).   OPINIONS OF THE ATTORNEY GENERAL   Agreement to pay restitution exceeding victim's damages.   - Sentencing court may not require an offender to make restitution on those counts of a multi-count indictment which are dismissed pursuant to a negotiated plea agreement; however, if an offender voluntarily agrees to make restitution in a certain amount, even if such amount exceeds the victim's "damages," the sentencing court may incorporate that agreement into the court's restitution order. 1995 Op. Att'y Gen. No. 95-19.    Bail bondsman is entitled to restitution of the amount of the bond and costs upon the conviction of the accused of jumping bail pursuant to O.C.G.A. § 16-10-51. 1994 Op. Att'y Gen. No. U94-17.   RESEARCH REFERENCES   ALR.   - Mandatory victims restitution act - constitutional issues, 20 A.L.R. Fed. 2d 239.
GA Code § 17-14-4 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 14 - Restitution and Distribution of Profits to Victims of Crimes|Article 1 - Restitution|§ 17-14-4. Granting of Parole Prior to Completion of One-Third of Sentence Conditioned on Restitution

 Notwithstanding any provision of Code Section 42-9-45 to the contrary, the State Board of Pardons and Paroles may grant parole prior to the completion of one-third of the sentence if restitution is ordered as a condition of the parole.   (Code 1933, § 27-3004, enacted by Ga. L. 1980, p. 1382, § 1; Ga. L. 2005, p. 88, § 5/HB 172.)   Editor's notes.   - Ga. L. 2005, p. 88, § 1/HB 172, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Crime Victims Restitution Act of 2005.'"
GA Code § 17-14-11 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 14 - Restitution and Distribution of Profits to Victims of Crimes|Article 1 - Restitution|§ 17-14-11. Effect of Restitution Order on Civil Actions Against Offender; Setoff of Restitution Payments Against Civil Judgments; Admissibility of Restitution Orders or Payments; Determining Setoff Amount

 An order for restitution shall not bar any civil action against the offender. However, any payments made by an offender to a victim under an order for restitution may be a setoff against any judgment awarded to the victim in a civil action based on the same facts for which restitution was ordered. The fact of restitution or a restitution order under this article shall not be placed before the jury on the issue of liability. If the amount of restitution made is in dispute and liability is established, the court shall order further appropriate proceedings to determine the amount of setoff.   (Code 1933, § 27-3011, enacted by Ga. L. 1980, p. 1382, § 1; Ga. L. 2005, p. 88, § 5/HB 172.)   Editor's notes.   - Ga. L. 2005, p. 88, § 1/HB 172, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Crime Victims Restitution Act of 2005.'"   JUDICIAL DECISIONS    Restitution is not synonymous with civil damages. Morrison v. State, 181 Ga. App. 440, 352 S.E.2d 622 (1987).    Cited in Jones v. State, 246 Ga. App. 857, 542 S.E.2d 584 (2000); Patterson v. State, 289 Ga. App. 663, 658 S.E.2d 210 (2008); Patterson v. State, 289 Ga. App. 663, 658 S.E.2d 210 (2008).
GA Code § 17-14-12 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 14 - Restitution and Distribution of Profits to Victims of Crimes|Article 1 - Restitution|§ 17-14-12. Modification of Restitution Order

 The ordering authority shall retain jurisdiction to modify a restitution order at any time before the expiration of the relief ordered.   (Code 1933, § 27-3012, enacted by Ga. L. 1980, p. 1382, § 1; Ga. L. 2005, p. 88, § 5/HB 172.)   Editor's notes.   - Ga. L. 2005, p. 88, § 1/HB 172, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Crime Victims Restitution Act of 2005.'"   JUDICIAL DECISIONS   Modification may be ordered at any time.    - Trial court erred in dismissing a defendant's motion to modify restitution until the time came for the defendant to pay. Under O.C.G.A. § 17-14-12, the ordering authority, in this case, the trial court pursuant to O.C.G.A. § 17-14-2, retained jurisdiction to modify the restitution order at any time before the expiration of the relief ordered. Wright v. State, 302 Ga. App. 136, 690 S.E.2d 259 (2010).    Cited in Patterson v. State, 289 Ga. App. 663, 658 S.E.2d 210 (2008).
GA Code § 17-14-13 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 14 - Restitution and Distribution of Profits to Victims of Crimes|Article 1 - Restitution|§ 17-14-13. Manner of Enforcement of Restitution Order Generally; Sanctions for Failure to Comply With Order

  A restitution order shall be enforceable as is a civil judgment by execution as provided in Code Section 17-10-20.   If an offender or other person ordered to pay restitution willfully refuses to comply with a restitution order, the order, in the discretion of the court, may be enforced by attachment for contempt, upon the application of the prosecuting attorney or the victim.   Failure to comply with a restitution order may, in the discretion of the ordering authority, be grounds to revoke or cancel the relief at any time the restitution order is in effect. Where the relief is earned time allowances, the Department of Corrections may suspend the offender from earning earned time allowances for a specified period of time.    (Code 1933, § 27-3013, enacted by Ga. L. 1980, p. 1382, § 1; Ga. L. 1982, p. 3, § 17; Ga. L. 1985, p. 231, § 1; Ga. L. 2005, p. 88, § 5/HB 172.)   Editor's notes.   - Ga. L. 2005, p. 88, § 1/HB 172, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Crime Victims Restitution Act of 2005.'"   JUDICIAL DECISIONS   Order of restitution is debt within meaning of Bankruptcy Code.   - Victim who is the subject of an order of restitution has a cause of action in the victim's own right for enforcement of the order. Therefore, an order of restitution is a debt within the ambit of 11 U.S.C. § 1328. Newton v. Fred Haley Poultry Farm, 15 Bankr. 708 (Bankr. N.D. Ga. 1981).    Before O.C.G.A. § 17-14-13 becomes operative, there must be a restitution order which is a condition of any relief ordered and the relief must have been accepted by the offender or inmate. Conklin v. Zant, 202 Ga. App. 214, 413 S.E.2d 536 (1991).    Cited in Cargill v. Zant, 207 Ga. App. 393, 427 S.E.2d 809 (1993); Patterson v. State, 289 Ga. App. 663, 658 S.E.2d 210 (2008); Patterson v. State, 289 Ga. App. 663, 658 S.E.2d 210 (2008).   OPINIONS OF THE ATTORNEY GENERAL   Criminal conviction as prerequisite to restitution.   - Valid orders of the court are enforceable under the general contempt authority, but restitution orders may only be entered upon a criminal conviction. 1987 Op. Att'y Gen. No. U87-8.
GA Code § 17-14-15 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 14 - Restitution and Distribution of Profits to Victims of Crimes|Article 1 - Restitution|§ 17-14-15. Peonage Not Authorized by Article; Denial of Benefits Because of Poverty Prohibited

  Nothing in this article shall authorize peonage; and this article shall be construed and diligently administered to prevent peonage.   No offender shall be denied any benefit, relief, or privilege to which he or she might otherwise be entitled or eligible solely because he or she is financially unable and cannot become financially able to make restitution.    (Code 1933, § 27-3016, enacted by Ga. L. 1980, p. 1382, § 1; Ga. L. 2005, p. 88, § 5/HB 172.)   Editor's notes.   - Ga. L. 2005, p. 88, § 1/HB 172, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Crime Victims Restitution Act of 2005.'"   JUDICIAL DECISIONS   Refusal of plea bargain upon inability to make restitution.    - State's refusal to recommend acceptance of the plea bargain because the defendant could not make the agreed-upon initial restitution payment of $5,000, and the trial court's refusal to accept the plea, did not deny the defendant equal protection or violate O.C.G.A. § 17-14-15. Nash v. State, 179 Ga. App. 702, 347 S.E.2d 651 (1986).   Sentence requiring defendant to pay restitution while incarcerated held illegal.    - Because that part of a sentence requiring the defendant to pay restitution while incarcerated and pay specific and substantial amounts of restitution both before the commencement of the prison sentence and while on probation was illegal, that portion was vacated, and the defendant's acquiescence to the sentence, either through plea negotiations or a failure to object to the sentence, did not remove the illegality. Sumner v. State, 284 Ga. App. 308, 643 S.E.2d 831 (2007).