reglab/housing_qa huggingface dataset:
GA Code § 17-10-71 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 10 - Sentence and Punishment|Article 3 - Mentally Incompetent to Be Executed|§ 17-10-71. Procedure Upon Convicted Person's Regaining Mental Competency

 If a convicted person under sentence of death who is found to be mentally incompetent to be executed under this article regains his or her mental competency, the fact shall be certified at once by the appropriate mental health official to the court initially making the finding of mental incompetency. Upon such certification, that court shall enter an appropriate order noting receipt of certification and vacating any previously entered stay of execution. A copy of such order shall be sent to the sentencing court, at which time the sentencing court shall fix a new time period for execution as provided in Code Section 17-10-40. The judge of the court which made the determination on the issue of mental competency shall cause the new order and other proceedings in the case to be presented on the minutes of the court.    (Code 1981, §17-10-71, enacted by Ga. L. 1988, p. 1003, § 2.)
GA Code § 17-11-2 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 11 - Assessment and Payment of Costs of Criminal Proceedings|Article 1 - General Provisions|§ 17-11-2. Liability of Defendant for Costs of Witnesses

 No defendant shall be liable for the costs of any witness of the state, unless such witness was subpoenaed, sworn, and examined during the trial, nor for the costs of more than two witnesses testifying on the same point, unless the court shall certify that the question at issue was of such a character as to require the testimony of more than two witnesses.   (Laws 1799, Cobb's 1851 Digest, p. 277; Code 1863, § 3608; Code 1868, § 3632; Code 1873, § 3682; Code 1882, § 3682; Penal Code 1895, § 1079; Penal Code 1910, § 1106; Code 1933, § 27-2802.)   Law reviews.   - For article on whether one's property is forfeited after a conviction based on a nolo contendere plea, see 13 Ga. L. Rev. 723 (1979).   JUDICIAL DECISIONS   Limitation as to witnesses testifying on same point applies only to those subpoenaed, sworn, and examined.    - Prohibition in this section against charging the accused with the costs of more than two witnesses to the same point relates only to witnesses who have actually been subpoenaed, sworn, and examined. Herrington v. Flanders, 115 Ga. 823, 42 S.E. 222 (1902).   Residence of witnesses.    - Person tried and convicted of a criminal offense is taxable for costs with the fees of witnesses sworn and examined in behalf of the state whether the witnesses reside in the county or not. Brown v. State, 86 Ga. 375, 12 S.E. 649 (1890).    Cited in Lumpkin County v. Davis, 185 Ga. 393, 195 S.E. 169 (1938); Holloway v. State, 178 Ga. App. 141, 342 S.E.2d 363 (1986).   RESEARCH REFERENCES   ALR.    - Validity of contract to testify, 41 A.L.R. 1322; 45 A.L.R. 1423.   Power of court which appoints or employs expert witnesses to tax their fees as costs, 39 A.L.R.2d 1376.   Right of witness detained in custody for future appearance to fees for such detention, 50 A.L.R.2d 1439.   Items of cost of prosecution for which defendant may be held, 65 A.L.R.2d 854.   Allowance of mileage or witness fees with respect to witnesses who were not called to testify or not permitted to do so when called, 22 A.L.R.3d 675.
GA Code § 17-11-3 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 11 - Assessment and Payment of Costs of Criminal Proceedings|Article 1 - General Provisions|§ 17-11-3. Liability of Defendant for Costs of Inquest

 Any person convicted of murder or manslaughter in a case where an inquest has been held concerning the cause of death of the victim shall be charged for the costs of the inquest as part of the costs of prosecution.   (Orig. Code 1863, § 572; Code 1868, § 636; Code 1873, § 595; Code 1882, § 595; Penal Code 1895, § 1080; Penal Code 1910, § 1107; Code 1933, § 27-2803.)   Law reviews.   - For article on whether one's property is forfeited after a conviction based on a nolo contendere plea, see 13 Ga. L. Rev. 723 (1979).   JUDICIAL DECISIONS    This section was an exception to the general rule as to how fees shall be paid. Davis v. County of Bibb, 116 Ga. 23, 42 S.E. 403 (1902).    Cited in Lumpkin County v. Davis, 185 Ga. 393, 195 S.E. 169 (1938).   RESEARCH REFERENCES   ALR.   - Items of cost of prosecution for which defendant may be held, 65 A.L.R.2d 854.
GA Code § 17-11-5 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 11 - Assessment and Payment of Costs of Criminal Proceedings|Article 1 - General Provisions|§ 17-11-5. Payment of Costs and Expenses When Venue Changed

  When the venue in a case is changed, the whole costs of the case, jail fees of the person to be tried, and expenses of the trial in the county to which it was transferred shall be paid by the county from which the case was removed.   The entire court costs, including the costs of the sheriff, bailiff, clerks, and jurors, shall also be paid by the county from which the case was removed and shall have the same priority as jail fees. The county in which the case is tried shall be reimbursed after paying the court costs incurred.    (Ga. L. 1871-72, p. 49, § 1; Code 1873, § 4689; Code 1882, § 4689; Ga. L. 1895, p. 70, § 4; Penal Code 1895, § 1083; Penal Code 1910, § 1110; Code 1933, § 27-2806.)   OPINIONS OF THE ATTORNEY GENERAL   Costs to be paid from general funds of the county.    - Under former Code 1933, § 27-2806 and Ga. L. 1950, p. 175, § 1 (see O.C.G.A. § 17-11-5), costs in criminal cases transferred to another county on a change of venue should be paid out of the general funds of the county. 1958-59 Op. Att'y Gen. p. 46.   RESEARCH REFERENCES   Am. Jur. 2d.   - 21 Am. Jur. 2d, Criminal Law, §§ 504 et seq., 535 et seq.   C.J.S.   - 22 C.J.S., Criminal Procedure and Rights of the Accused, § 1 et seq.
GA Code § 17-11-20 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 11 - Assessment and Payment of Costs of Criminal Proceedings|Article 2 - Reimbursement of Counties for Expenses of Capital Felony Prosecutions|§ 17-11-20. Short Title

 This article shall be known and may be cited as the "Capital Felony Expense Act."   (Ga. L. 1979, p. 504, § 1.)
GA Code § 17-11-21 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 11 - Assessment and Payment of Costs of Criminal Proceedings|Article 2 - Reimbursement of Counties for Expenses of Capital Felony Prosecutions|§ 17-11-21. Definitions

 As used in this article, the term:    "Capital felony case" means a criminal case in which the death penalty may be imposed upon the defendant under the laws of this state.   "Capital felony expenses" means expenses incurred by a county and paid from county funds as a direct result of a capital felony case being tried by a superior court. The term includes expenses from the date of the arrest of the defendant to the date of the superior court conviction, expenses from the date of the conviction until the date of the last appellate court affirmance of the conviction, expenses from the last appellate court reversal to any subsequent superior court convictions or retrials, expenses from any retrials to the last appellate court action on the conviction, expenses from the date of the arrest of the defendant to the date of the defendant's release if there is no conviction or if the conviction is reversed and there is no retrial, or expenses during any combination of these periods. The term shall not include the following expenses:   Any expenses reimbursed by or pursuant to state law;   The salaries, compensation, and expenses of all county officers and employees, except for any compensation and expenses of temporary employees employed as a direct result of the capital felony case or extraordinary expenses incurred by county officers and employees as a direct result of the capital felony case; and   County paid supplements to the salaries or compensation of state officers and employees.     "Commissioner" means the commissioner of community affairs.   "County revenue" means the most current available total of adjusted taxes as determined from the annual financial report relating to local government finances filed by the county with the Department of Community Affairs pursuant to Code Section 36-81-8.    (Ga. L. 1979, p. 504, § 2; Ga. L. 1983, p. 395, § 1; Ga. L. 1988, p. 1859, § 1.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1987, "County paid" was substituted for "County-paid" at the beginning of subparagraph (2)(C).   Law reviews.   - For article surveying legislative and judicial developments in Georgia local government law for 1978-79, see 31 Mercer L. Rev. 155 (1979).   RESEARCH REFERENCES   Am. Jur. 2d.   - 21 Am. Jur. 2d, Criminal Law, §§ 18, 19, 22 et seq.
GA Code § 17-11-22 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 11 - Assessment and Payment of Costs of Criminal Proceedings|Article 2 - Reimbursement of Counties for Expenses of Capital Felony Prosecutions|§ 17-11-22. Basis for Reimbursement of Counties for Capital Felony Expenses

  Each county which is responsible for the costs of a capital felony case will be reimbursed for capital felony expenses as provided in this Code section. With respect to one or more capital felony cases, expenses from the date of arrest will be accumulated. When one or more capital felony cases result in capital felony expenses, the accumulation of which is more than 5 percent of county revenue for the calendar year in which the superior court conviction occurs or in which the defendant is released if not convicted, the county will be reimbursed for all such accumulated capital felony expenses in excess of the 5 percent level. After a county has qualified or been reimbursed for capital felony expenses for any calendar year, the county shall be eligible for any capital felony expenses resulting from such case or cases in subsequent calendar years prior to the appeal of such case or cases. County revenues shall not be applicable in determining the amount of reimbursement for capital felony expenses occurring in such subsequent years prior to the appeal of the case or cases.   If one or more capital felony cases are appealed, expenses from the date of the superior court conviction will be accumulated. When the appeal of one or more capital felony cases results in capital felony expenses, the accumulation of which is more than 5 percent of county revenue for the calendar year in which the last appellate court action on the conviction occurs, the county will be reimbursed for all such capital felony expenses in excess of the 5 percent level. If the county chooses not to seek reimbursement for capital felony expenses from the date of arrest to the date of the superior court conviction and instead seeks reimbursement for its capital felony expenses through the last appellate court action, the county will be reimbursed for all accumulated capital felony expenses in excess of the 5 percent level.   If a capital felony case is appealed and the conviction is reversed, capital felony expenses for any subsequent retrial and appeals will be handled in accordance with the provisions of subsections (a) and (b) of this Code section.   No capital felony expenses for which reimbursement has already been made will again be included in any subsequent calculations or reimbursement requests.    (Ga. L. 1979, p. 504, § 3; Ga. L. 1983, p. 395, § 2; Ga. L. 1988, p. 1859, § 2.)   Law reviews.   - For article surveying legislative and judicial developments in Georgia local government law for 1978-79, see 31 Mercer L. Rev. 155 (1979).
GA Code § 17-11-23 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 11 - Assessment and Payment of Costs of Criminal Proceedings|Article 2 - Reimbursement of Counties for Expenses of Capital Felony Prosecutions|§ 17-11-23. When Reimbursement Payments to Be Made; Manner of Reimbursement Where Requests Exceed Funds Appropriated

    Reimbursement payments for eligible capital felony expenses under this article will be made to the governing authority of each county incurring capital felony expenses. The payments will be made during the second quarter of a calendar year for capital felony expenses eligible for reimbursement during the immediately preceding calendar year; provided, however, that, if a county is reimbursed during the second quarter of a calendar year and has additional capital felony expenses eligible for reimbursement during the remainder of such calendar year resulting from the same case or cases, payments will be made during the fourth quarter of such calendar year for the additional capital felony expenses eligible for reimbursement.   Reimbursement payments shall be made from funds appropriated for such purpose pursuant to subsection (a) of Code Section 17-11-24, and no payments are required to be made if funds are not available or have not been appropriated.       In the event that requests for reimbursement exceed the amount appropriated for this article, the commissioner shall have the right to reduce each request proportionally so that the total amount of requests shall not exceed the total amount of funds available for reimbursement payments at the time of the request.   Notwithstanding any other provisions of this Code section, during the first payment cycle of a state fiscal year (fourth quarter of a calendar year) not more than one-half of the funds available for reimbursement will be expended for reimbursement purposes.      (Ga. L. 1979, p. 504, § 5; Ga. L. 1983, p. 395, § 3; Ga. L. 1988, p. 1859, § 3.)
GA Code § 17-11-24 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 11 - Assessment and Payment of Costs of Criminal Proceedings|Article 2 - Reimbursement of Counties for Expenses of Capital Felony Prosecutions|§ 17-11-24. Administration of Article Generally; Adoption of Rules and Regulations; Maintenance of Records of Capital Felony Expenses by Clerks of Superior Courts

  The commissioner shall administer this article and shall make payments to counties for the reimbursement of capital felony expenses as provided by this article. The payments shall be made from funds appropriated to the Department of Community Affairs specifically for the purpose of making reimbursements pursuant to this article.   The commissioner shall adopt rules and regulations for the administration of this article. The rules and regulations shall be distributed to the county governing authorities and to the clerks of the superior courts.   The clerks of the superior courts will be the local administrators of this article; and, consistent with rules and regulations promulgated by the commissioner as provided by subsection (b) of this Code section, the clerks will maintain records of capital felony expenses for the purposes of this article. Based on such records, the clerk of each superior court will certify to the commissioner, during the first quarter of each calendar year, capital felony expenses eligible for reimbursement during the preceding calendar year.    (Ga. L. 1979, p. 504, § 4; Ga. L. 1983, p. 395, § 4.)
GA Code § 17-12-2 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 12 - Legal Defense for Indigents|Article 1 - Georgia Public Defender Council|§ 17-12-2. Definitions

 As used in this chapter, the term:    "Assistant public defender" means an attorney who is employed by any circuit public defender.   "Circuit public defender" means the head of a public defender office providing indigent defense representation within any given judicial circuit of this state.   "Circuit public defender office" means the office of any of the several circuit public defenders.   "Council" means the Georgia Public Defender Council.   "Director" means the director of the Georgia Public Defender Council.   "Indigent person" or "indigent defendant" means:   A person charged with a misdemeanor, violation of probation, or a municipal or county offense punishable by imprisonment who earns less than 100 percent of the federal poverty guidelines unless there is evidence that the person has other resources that might reasonably be used to employ a lawyer without undue hardship on the person or his or her dependents;   A juvenile charged with a delinquent act or a violation of probation punishable by detention whose parents earn less than 125 percent of the federal poverty guidelines unless there is evidence that the juvenile or his or her parents have other resources that might reasonably be used to employ a lawyer without undue hardship on the juvenile, his or her parents, or the parent's dependents; and   A person charged with a felony who earns or, in the case of a juvenile, whose parents earn, less than 150 percent of the federal poverty guidelines unless there is evidence that the person has other resources that might reasonably be used to employ a lawyer without undue hardship on the person, his or her dependents, or, in the case of a juvenile, his or her parents or the parent's dependents.  In no case shall a person whose maximum income level exceeds 150 percent of the federal poverty level or, in the case of a juvenile, whose household income exceeds 150 percent of the federal poverty level be an indigent person or indigent defendant.      "Legislative oversight committee" means the Legislative Oversight Committee for the Georgia Public Defender Council.   "Public defender" means an attorney who is employed in a circuit public defender office or who represents an indigent person pursuant to this chapter.     (Code 1981, §17-12-2, enacted by Ga. L. 2003, p. 191, § 1; Ga. L. 2006, p. 752, § 4/SB 503; Ga. L. 2008, p. 846, § 15/HB 1245; Ga. L. 2015, p. 519, § 7-2/HB 328.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 21A Am. Jur. 2d, Criminal Law, § 1085 et seq.
GA Code § 17-12-4 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 12 - Legal Defense for Indigents|Article 1 - Georgia Public Defender Council|§ 17-12-4. Authority of Council; Annual Audit

  The council:   Shall be a legal entity;   Shall have perpetual existence;   May contract;   May own property;   May accept funds, grants, and gifts from any public or private source, which shall be used to defray the expenses incident to implementing its purposes;   May adopt and use an official seal; and   May establish a principal office.     The council shall establish auditing procedures as may be required in connection with the handling of public funds. The state auditor shall be authorized and directed to make an annual audit of the transactions of the council and to make a complete report of the same to the General Assembly. The annual audit shall disclose all moneys received by the council and all expenditures made by the council by revenue source, including all programs and special projects itemized in the General Appropriations Act. The annual audit shall include an itemization by revenue source of encumbered and reserved money. Revenue sources shall include each county governing authority's expenditures which are made pursuant to Code Sections 17-12-31 and 17-12-32 and city or county expenditures which are made pursuant to subsection (d) of Code Section 17-12-23. The state auditor shall also make an audit of the affairs of the council at any time when requested to do so by a majority of the council or by the Governor or General Assembly.   The council may not provide compensation from its funds to any administrative or clerical personnel employed by the council if the personnel are then receiving retirement compensation from any retirement or pension fund created by Title 47 to provide compensation for past services as a judicial officer, prosecuting attorney, indigent defense attorney, court officer, or law enforcement officer except for county or municipal retirement funds.     (Code 1981, §17-12-4, enacted by Ga. L. 2003, p. 191, § 1; Ga. L. 2008, p. 846, § 17/HB 1245; Ga. L. 2011, p. 91, § 2/HB 238.)
GA Code § 17-12-6 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 12 - Legal Defense for Indigents|Article 1 - Georgia Public Defender Council|§ 17-12-6. Assistance of Council to Public Defenders

  The council may assist the public defenders throughout the state in their efforts to provide adequate legal defense to the indigent. Assistance may include:   The preparation and distribution of a basic defense manual and other educational materials;   The preparation and distribution of model forms and documents employed in indigent defense;   The promotion of and assistance in the training of indigent defense attorneys;   The provision of legal research assistance to public defenders; and   The provision of such other assistance to public defenders as may be authorized by law.     The council:   Shall be the fiscal officer for the circuit public defender offices and shall account for all moneys received from each governing authority; and   May collect, maintain, review, and publish in print or electronically records and statistics for the purpose of evaluating the delivery of indigent defense representation in Georgia.       (Code 1981, §17-12-6, enacted by Ga. L. 2003, p. 191, § 1; Ga. L. 2008, p. 846, § 19/HB 1245; Ga. L. 2010, p. 838, § 10/SB 388; Ga. L. 2015, p. 519, § 7-5/HB 328.)
GA Code § 17-12-7 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 12 - Legal Defense for Indigents|Article 1 - Georgia Public Defender Council|§ 17-12-7. Councilmembers; Responsibilities; Voting; Removal; Quorum; Meetings; Officers; Expenses

  All members of the council shall at all times act in the best interest of indigent defendants who are receiving legal representation under the provisions of this chapter.   All members of the council shall be entitled to vote on any matter coming before the council unless otherwise provided by law or by rules adopted by the council concerning conflicts of interest.   Each member of the council shall serve until a successor has been appointed. Removal of councilmembers shall be for cause and shall be in accordance with policies and procedures adopted by the council.   Unless otherwise provided in this article, a quorum shall be a majority of the members of the council who are then in office, and decisions of the council shall be by majority vote of the members present, except that a majority of the entire council shall be required to approve the appointment of the chairperson and for annual approval of an alternative delivery system pursuant to Code Section 17-12-36 and other matters as set forth in Code Section 17-12-36. The vote of two-thirds of the members of the entire council shall be required to remove the chairperson of the council or to overturn the director's decision regarding the removal of a circuit public defender.   The council shall meet at least semiannually and at such other times and places as it deems necessary or convenient for the performance of its duties.   The council shall elect a chairperson and such officers from the members of the council as it deems necessary and shall adopt such rules for the transaction of its business as it desires. The chairperson and officers shall serve for a term of two years and may be removed without cause by a vote of two-thirds of the members of the entire council and for cause by a majority vote of the entire council. The chairperson shall retain a vote on all matters except those in which the chairperson has a conflict of interest or the removal of the chairperson for cause. The council shall keep and maintain minutes of all council meetings.   The members of the council shall receive no compensation for their services but shall be reimbursed for their actual expenses incurred in the performance of their duties as members of the council. Any expenses incurred by the council shall be paid from the general operating budget of the council.     (Code 1981, §17-12-7, enacted by Ga. L. 2003, p. 191, § 1; Ga. L. 2011, p. 91, § 4/HB 238; Ga. L. 2014, p. 866, § 17/SB 340; Ga. L. 2015, p. 519, § 7-6/HB 328.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 21A Am. Jur. 2d, Criminal Law, § 1085 et seq.