reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 13 - CRIMINAL EXTRADITION (§§ 17-13-1 — 17-13-49) › Article 2 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 17-13-20 — 17-13-49) › Section 17-13-32 - Confinement in jail of person being extradited to another state when necessary

(a)
The officer or persons executing the Governor's warrant of arrest or the agent of the demanding state to whom the prisoner may have been delivered may, when necessary, confine the prisoner in the jail of any county or city through which he may pass; and the keeper of the jail must receive and safely keep the prisoner until the officer or person having charge of him is ready to proceed on his route, such officer or person being chargeable with the expense of keeping.
(b)
The officer or agent of a demanding state to whom a prisoner may have been delivered following extradition proceedings in another state, or to whom a prisoner may have been delivered after waiving extradition in such other state, and who is passing through this state with such a prisoner for the purpose of immediately returning the prisoner to the demanding state may, when necessary, confine the prisoner in the jail of any county or city through which he may pass; and the keeper of the jail must receive and safely keep the prisoner until the officer or agent having charge of him is ready to proceed on his route, the officer or agent, however, being chargeable with the expense of keeping; provided, however, that the officer or agent shall produce and show to the keeper of the jail satisfactory written evidence of the fact that he is actually transporting the prisoner to the demanding state after a requisition by the executive authority of the demanding state. The prisoner shall not be entitled to demand a new requisition while in this state.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 13 - CRIMINAL EXTRADITION (§§ 17-13-1 — 17-13-49) › Article 2 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 17-13-20 — 17-13-49) › Section 17-13-33 - Arrest of person charged with crime in another state under warrant based upon oath or affidavit of another person

Whenever any person within this state shall be charged, on the oath of any credible person before any judge or magistrate of this state, with the commission of any crime in any other state and, except in cases arising under Code Section
17-13-25
, with having fled from justice, or with having been convicted of a crime in that state and having escaped from confinement, or with having broken the terms of his bail, probation, or parole, or whenever complaint shall have been made before any judge or magistrate in this state setting forth, on the affidavit of any credible person in another state, that a crime has been committed in such other state and that the accused has been charged in such state with the commission of the crime and, except in cases arising under Code Section
17-13-25
, has fled from justice, or with having been convicted of a crime in that state and having escaped from confinement, or with having broken the terms of his bail, probation, or parole, and is believed to be in this state, the judge or magistrate shall issue a warrant directed to any peace officer, commanding him to apprehend the person named therein, wherever he may be found in this state, and to bring him before the same or any other judge, magistrate, or court who or which may be available in or convenient of access to the place where the arrest may be made, to answer the charge or complaint and affidavit. A certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued shall be attached to the warrant.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 13 - CRIMINAL EXTRADITION (§§ 17-13-1 — 17-13-49) › Article 2 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 17-13-20 — 17-13-49) › Section 17-13-34 - Arrest without warrant of a person charged with a crime in another state

The arrest of a person may be lawfully made by any peace officer or private person, without a warrant, upon reasonable information that the accused stands charged in the courts of a state with a crime punishable by death or imprisonment for a term exceeding one year, but when so arrested, the accused must be taken before a judge or magistrate with all practicable speed and complaint must be made against him under oath, setting forth the ground for the arrest, as provided in Code Section
17-13-33
; and thereafter the answer of the accused shall be heard as if he had been arrested on a warrant.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 13 - CRIMINAL EXTRADITION (§§ 17-13-1 — 17-13-49) › Article 2 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 17-13-20 — 17-13-49) › Section 17-13-35 - Commitment of person accused of crime in another state to county jail pending receipt of demand from other state generally

If from the examination before the judge or magistrate it appears that the person held is the person charged with having committed the crime alleged and, except in cases arising under Code Section
17-13-25
, that he has fled from justice, the judge or magistrate must, by a warrant reciting the accusation, commit him to the county jail for such a time, not exceeding 30 days and which time must be specified in the warrant, as will enable the arrest of the accused to be made under a warrant of the Governor on a requisition of the executive authority of the state having jurisdiction of the offense, unless the accused gives bail, as provided in Code Section
17-13-36
, or until he shall be legally discharged.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 13 - CRIMINAL EXTRADITION (§§ 17-13-1 — 17-13-49) › Article 2 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 17-13-20 — 17-13-49) › Section 17-13-36 - Granting of bail

Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, a judge or magistrate in this state may admit the prisoner to bail by bond, with sufficient sureties, in such sum as he deems proper, conditioned for the prisoner's appearance before the judge or magistrate at a time specified in such bond and for the prisoner's surrender to be arrested upon the warrant of the Governor of this state.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 13 - CRIMINAL EXTRADITION (§§ 17-13-1 — 17-13-49) › Article 2 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 17-13-20 — 17-13-49) › Section 17-13-37 - Procedure where accused not arrested within time specified in warrant

If the accused is not arrested under warrant of the Governor by the expiration of the time specified in the warrant or bond, a judge or magistrate may discharge him or may recommit him for a further period not to exceed 60 days, or a judge or magistrate may again take bail for his appearance and surrender as provided for in Code Section
17-13-36
, but within a period not to exceed 60 days after the date of such new bond.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 13 - CRIMINAL EXTRADITION (§§ 17-13-1 — 17-13-49) › Article 2 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 17-13-20 — 17-13-49) › Section 17-13-38 - Forfeiture of bail bond

If the prisoner is admitted to bail and fails to appear and surrender himself according to the conditions of his bond, the judge or magistrate, by proper order, shall declare the bond forfeited and order his immediate arrest without warrant if he is within the state. Recovery may be had on the bond in the name of the state as in the case of other bonds given by the accused in criminal proceedings within this state.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 13 - CRIMINAL EXTRADITION (§§ 17-13-1 — 17-13-49) › Article 2 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 17-13-20 — 17-13-49) › Section 17-13-39 - Surrender of persons under criminal prosecution or sentence in this state to demanding state

The Governor may, in his discretion, surrender, upon demand of the executive authority of another state, any person found in this state, notwithstanding the fact that a criminal prosecution or charges under the laws of this state are pending against the person, that the person has already been convicted in this state and is serving a sentence in any jail or penal institution of this state or of any county or municipality thereof, or that the person is serving a suspended or probationary sentence. The Governor may condition the release of the prisoner to the demanding state upon such terms as he may stipulate, including the condition that the prisoner be returned to this state immediately after trial and before commencing the service of sentence, if any, in the demanding state. In no case shall surrender of the prisoner be construed as a complete relinquishment of jurisdiction by this state, but the prisoner shall forthwith be returned to the custody of this state at the expense of the demanding state immediately after trial in the demanding state or the completion of sentence therein, as the case may be, except where the sentence of death has been executed in the demanding state.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 13 - CRIMINAL EXTRADITION (§§ 17-13-1 — 17-13-49) › Article 2 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 17-13-20 — 17-13-49) › Section 17-13-40 - Conduct of inquiry as to guilt or innocence of accused

The guilt or innocence of the accused as to the crime of which he is charged may not be inquired into by the Governor or in any proceeding after the demand for extradition accompanied by a charge or crime in legal form as provided for in this article shall have been presented to the Governor, except as it may be involved in identifying the person held as the person charged with the crime.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 13 - CRIMINAL EXTRADITION (§§ 17-13-1 — 17-13-49) › Article 2 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 17-13-20 — 17-13-49) › Section 17-13-41 - Recall of warrant of arrest or issuance of another warrant by Governor

The Governor may recall his warrant of arrest or may issue another warrant whenever he deems proper.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 13 - CRIMINAL EXTRADITION (§§ 17-13-1 — 17-13-49) › Article 2 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 17-13-20 — 17-13-49) › Section 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.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 13 - CRIMINAL EXTRADITION (§§ 17-13-1 — 17-13-49) › Article 2 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 17-13-20 — 17-13-49) › Section 17-13-43 - Application for issuance of demand

(a)
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.
(b)
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.
(c)
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.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 13 - CRIMINAL EXTRADITION (§§ 17-13-1 — 17-13-49) › Article 2 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 17-13-20 — 17-13-49) › Section 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.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 13 - CRIMINAL EXTRADITION (§§ 17-13-1 — 17-13-49) › Article 2 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 17-13-20 — 17-13-49) › Section 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.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 13 - CRIMINAL EXTRADITION (§§ 17-13-1 — 17-13-49) › Article 2 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 17-13-20 — 17-13-49) › Section 17-13-46 - Execution and filing of written waiver of extradition proceedings by accused; delivery of accused to demanding state

(a)
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
.
(b)
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.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 13 - CRIMINAL EXTRADITION (§§ 17-13-1 — 17-13-49) › Article 2 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 17-13-20 — 17-13-49) › Section 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.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 13 - CRIMINAL EXTRADITION (§§ 17-13-1 — 17-13-49) › Article 2 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 17-13-20 — 17-13-49) › Section 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.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 13 - CRIMINAL EXTRADITION (§§ 17-13-1 — 17-13-49) › Article 2 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 17-13-20 — 17-13-49) › Section 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.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 14 - RESTITUTION AND DISTRIBUTION OF PROFITS TO VICTIMS OF CRIMES (§§ 17-14-1 — 17-14-32) › Article 1 - RESTITUTION (§§ 17-14-1 — 17-14-19) › Section 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.
Amended by 2005 Ga. Laws 20,§ 5, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 14 - RESTITUTION AND DISTRIBUTION OF PROFITS TO VICTIMS OF CRIMES (§§ 17-14-1 — 17-14-32) › Article 1 - RESTITUTION (§§ 17-14-1 — 17-14-19) › Section 17-14-3 - Requirement of restitution by offender as condition of relief generally

(a)
Subject to the provisions of Code Section
17-14-10
, notwithstanding the provisions contained in Chapter 11 of Title 15, and in addition to any other penalty imposed by law, a judge of any court of competent jurisdiction shall, in sentencing an offender, make a finding as to the amount of restitution due any victim, and order an offender to make full restitution to such victim.
(b)
If the offender is placed on probation, including probation imposed pursuant to Chapter 11 of Title 15 or Article 3 of Chapter 8 of Title 42, or sentence is suspended, deferred, or withheld, restitution ordered under this Code section shall be a condition of that probation, sentence, or order.
(c)
If the offender is granted relief by the Department of Juvenile Justice, Department of Corrections, or the State Board of Pardons and Paroles, the terms of any court order requiring the offender to make restitution to a victim shall be a condition of such relief in addition to any other terms or conditions which may apply to such relief.
Amended by 2010 Ga. Laws 403,§ 5, eff. 7/1/2010.
Added by 2005 Ga. Laws 20,§ 5, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 14 - RESTITUTION AND DISTRIBUTION OF PROFITS TO VICTIMS OF CRIMES (§§ 17-14-1 — 17-14-32) › Article 1 - RESTITUTION (§§ 17-14-1 — 17-14-19) › Section 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.
Added by 2005 Ga. Laws 20,§ 5, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 14 - RESTITUTION AND DISTRIBUTION OF PROFITS TO VICTIMS OF CRIMES (§§ 17-14-1 — 17-14-32) › Article 1 - RESTITUTION (§§ 17-14-1 — 17-14-19) › Section 17-14-5 - Restitution by juvenile delinquent; retention of jurisdiction to enforce order against juvenile after attainment of age 21; transfer of enforcement jurisdiction; parent's obligation for restitution

(a)
It is declared to be the policy of this state to recognize that restitution is consistent with the goal of rehabilitation of delinquent juveniles and to provide restitution in such cases.
(b)
Notwithstanding any provision of Chapter 11 of Title 15, the juvenile courts shall order restitution in any case involving delinquent juveniles in the same manner as is authorized by this article for adult offenders.
(c)
For purposes of ensuring compliance with the restitution order, the juvenile courts are authorized to retain jurisdiction over a juvenile subject to such restitution order until the juvenile reaches 21 years of age. If the juvenile court retains jurisdiction of such offender as provided in this Code section and the terms of the restitution order are not completed before the offender's twenty-first birthday, the juvenile court shall transfer the restitution order to the superior court.
(d)
As an alternative to subsection (c) of this Code section, the juvenile courts are authorized to transfer to the superior courts, and the superior courts are authorized to accept, jurisdiction over enforcement of restitution orders against juveniles who, since entry of the order, have attained 18 years of age.
(e)
If the court determines that a juvenile is or will be unable to pay all of the restitution ordered, after notice to the juvenile's parent or parents and an opportunity for the parent or parents to be heard, the court may order the parent or parents to pay any portion of the restitution ordered that is outstanding where the court or a jury finds by clear and convincing evidence that the parent or parents knew or should have known of the juvenile's propensity to commit such acts and the acts are due to the parent's or parents' negligence or reckless disregard for the juvenile's propensity to commit such acts. Upon the eighteenth birthday of the juvenile, the parental obligation to pay restitution shall be terminated.
(f)
If the court orders a parent to pay restitution under subsection (e) of this Code section, the court shall take into account the considerations identified in Code Section
17-14-10
. If the parent or parents are required to pay restitution under subsection (e) of this Code section, the court shall provide for payment to be made in specified installments and within a specified period of time.
Added by 2005 Ga. Laws 20,§ 5, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 14 - RESTITUTION AND DISTRIBUTION OF PROFITS TO VICTIMS OF CRIMES (§§ 17-14-1 — 17-14-32) › Article 1 - RESTITUTION (§§ 17-14-1 — 17-14-19) › Section 17-14-6 - Setoff of prior total or partial restitution made to victim; reduction of award from the Crime Victims Compensation Board by the amount of restitution; payment of restitution to governmental entities that have compensated the victim

(a)
Where an offender has made total or partial restitution to a victim, the ordering authority shall set off any such amounts and reduce the amount payable to the victim.
(b)
The ordering authority shall not order restitution to be paid to a victim or victim's estate if the victim or victim's estate has received or is to receive full compensation for that loss from the offender as a result of a civil proceeding.
(c)
Any amount paid to a victim or victim's estate under a restitution order shall reduce the amount payable to a victim or a victim's estate by an award from the Georgia Crime Victims Compensation Board made prior to or after a restitution order under this article.
(d)
The ordering authority shall order restitution be paid to the Georgia Crime Victims Compensation Board, other governmental entities, or any individuals, partnerships, corporations, associations, or other legal entities acting on behalf of a governmental entity that have compensated the victim or the victim's estate for a loss incurred by the victim to the extent of the compensation paid for that loss. The ordering authority shall also order restitution for the costs of services provided to persons or entities that have provided services to the victim as a result of the crime. Services that are subject to restitution under this subsection include, but are not limited to, shelter, food, clothing, and transportation. However, a restitution order shall require that all restitution to a victim or victim's estate under the restitution order be made before any restitution to any other person or entity under that restitution order is made.
(e)
In the event the ordering authority provides for a setoff or priority in terms of payment of restitution, the ordering authority shall state on the record with specificity the reasons for its action.
Amended by 2006 Ga. Laws 453,§ 17, eff. 4/14/2006.
Added by 2005 Ga. Laws 20,§ 5, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 14 - RESTITUTION AND DISTRIBUTION OF PROFITS TO VICTIMS OF CRIMES (§§ 17-14-1 — 17-14-32) › Article 1 - RESTITUTION (§§ 17-14-1 — 17-14-19) › Section 17-14-7 - Right of offender to offer restitution plan to ordering authority; consideration and adoption of plan; hearing to determine restitution; burden of proof; liability among multiple offenders; payment for multiple victims; waiver of victim's rights

(a)
Any offender may offer a restitution plan to the ordering authority. If a plan is offered, it shall be the duty of the ordering authority to consider the factors stated in Code Section
17-14-10
and to make the plan part of a restitution order if acceptable to the ordering authority.
(b)
If the parties have not agreed on the amount of restitution prior to sentencing, the ordering authority shall set a date for a hearing to determine restitution. Any dispute as to the proper amount or type of restitution shall be resolved by the ordering authority by the preponderance of the evidence. The burden of demonstrating the amount of the loss sustained by a victim as a result of the offense shall be on the state. The burden of demonstrating the financial resources of the offender or person being ordered to pay restitution and the financial needs of his or her dependents shall be on the offender or person being ordered to pay restitution. The burden of demonstrating such other matters as the ordering authority deems appropriate shall be upon the party designated by the ordering authority as justice requires.
(c)
If the ordering authority finds that more than one offender has contributed to the loss of a victim, the court may make each offender liable for payment of the full amount of restitution or may apportion liability among the offenders to reflect the level of contribution to the victim's loss and economic circumstances of each offender.
(d)
If the ordering authority finds that more than one victim has sustained a loss requiring restitution by an offender, the court may provide for a different payment schedule for each victim based on the type and amount of each victim's loss and accounting for the economic circumstances of each victim. In any case in which the state or any of its political subdivisions is a victim and thus is due restitution, the ordering authority shall ensure that any other victim receives full restitution before the state or a political subdivision receives restitution.
(e)
A victim may waive his or her right to obtain restitution pursuant to this article. Any such waiver shall be made in writing and filed with the court or ordering authority having jurisdiction over the criminal case. Such waiver shall not affect any other rights or remedies that the victim may have against the offender under the laws of this state or the United States or any of the several states.
Amended by 2006 Ga. Laws 453,§ 17, eff. 4/14/2006.
Added by 2005 Ga. Laws 20,§ 5, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 14 - RESTITUTION AND DISTRIBUTION OF PROFITS TO VICTIMS OF CRIMES (§§ 17-14-1 — 17-14-32) › Article 1 - RESTITUTION (§§ 17-14-1 — 17-14-19) › Section 17-14-8 - Apportionment of payments for fines and restitution; payment to victims

(a)
In any case in which a court sentences an offender to pay restitution and a fine, if the court permits the offender to pay such restitution and fine in other than a lump sum, the clerk of any superior court of this state, community supervision officer, county or Department of Juvenile Justice juvenile probation officer, probation officer serving pursuant to Article 6 of Chapter 8 of Title 42, or other official who receives such partial payments shall apply not less than one-half of each payment to the restitution before paying any portion of such fine or any forfeitures, costs, fees, or surcharges provided for by law to any agency, department, commission, committee, authority, board, or bureau of state or local government.
(b)
The clerk of any court of this state, community supervision officer, county or Department of Juvenile Justice juvenile probation officer, probation officer serving pursuant to Article 6 of Chapter 8 of Title 42, or other official who receives partial payments for restitution shall pay the restitution amount to the victim as provided in the restitution order not later than the last day of each month, provided that the amount exceeds $100.00. If the amount does not exceed $100.00, the clerk of any court of this state, community supervision officer, county or Department of Juvenile Justice juvenile probation officer, probation officer serving pursuant to Article 6 of Chapter 8 of Title 42, or other official may allow the amount of restitution to accumulate until such time as it exceeds $100.00 or until the end of the next calendar quarter, whichever occurs first.
Amended by 2015 Ga. Laws 73,§ 5-36, eff. 7/1/2015.
Added by 2005 Ga. Laws 20,§ 5, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 14 - RESTITUTION AND DISTRIBUTION OF PROFITS TO VICTIMS OF CRIMES (§§ 17-14-1 — 17-14-32) › Article 1 - RESTITUTION (§§ 17-14-1 — 17-14-19) › Section 17-14-9 - Amount of restitution

The amount of restitution ordered shall not exceed the victim's damages.
Added by 2005 Ga. Laws 20,§ 5, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 14 - RESTITUTION AND DISTRIBUTION OF PROFITS TO VICTIMS OF CRIMES (§§ 17-14-1 — 17-14-32) › Article 1 - RESTITUTION (§§ 17-14-1 — 17-14-19) › Section 17-14-10 - Factors to be considered by ordering authority in determining nature and amount of restitution

(a)
In determining the nature and amount of restitution, the ordering authority shall consider:
(1)
The financial resources and other assets of the offender or person ordered to pay restitution including whether any of the assets are jointly controlled;
(2)
The earnings and other income of the offender or person ordered to pay restitution;
(3)
Any financial obligations of the offender or person ordered to pay restitution, including obligations to dependents;
(4)
The amount of damages;
(5)
The goal of restitution to the victim and the goal of rehabilitation of the offender;
(6)
Any restitution previously made;
(7)
The period of time during which the restitution order will be in effect; and
(8)
Other factors which the ordering authority deems to be appropriate.
(b)
If, subsequent to restitution being ordered pursuant to this article, a victim is convicted of a crime for which restitution is ordered, the ordering authority shall consider the previously ordered restitution as part of the financial resources of such victim.
Added by 2005 Ga. Laws 20,§ 5, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 14 - RESTITUTION AND DISTRIBUTION OF PROFITS TO VICTIMS OF CRIMES (§§ 17-14-1 — 17-14-32) › Article 1 - RESTITUTION (§§ 17-14-1 — 17-14-19) › Section 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.
Added by 2005 Ga. Laws 20,§ 5, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 14 - RESTITUTION AND DISTRIBUTION OF PROFITS TO VICTIMS OF CRIMES (§§ 17-14-1 — 17-14-32) › Article 1 - RESTITUTION (§§ 17-14-1 — 17-14-19) › Section 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.
Added by 2005 Ga. Laws 20,§ 5, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 14 - RESTITUTION AND DISTRIBUTION OF PROFITS TO VICTIMS OF CRIMES (§§ 17-14-1 — 17-14-32) › Article 1 - RESTITUTION (§§ 17-14-1 — 17-14-19) › Section 17-14-13 - Manner of enforcement of restitution order generally; sanctions for failure to comply with order

(a)
A restitution order shall be enforceable as is a civil judgment by execution as provided in Code Section
17-10-20
.
(b)
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.
(c)
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.
Added by 2005 Ga. Laws 20,§ 5, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 14 - RESTITUTION AND DISTRIBUTION OF PROFITS TO VICTIMS OF CRIMES (§§ 17-14-1 — 17-14-32) › Article 1 - RESTITUTION (§§ 17-14-1 — 17-14-19) › Section 17-14-14 - Restitution payments; wage assignments; review of compliance; interest

(a)
Payments pursuant to an order for restitution shall be made to the clerk of the court or to any other person, for the benefit of the victim or victims, as the ordering authority shall order.
(b)
In each case in which payment of restitution is ordered as a condition of probation or parole, the ordering authority may require any employed offender to execute a wage assignment to pay the restitution.
(c)
Until such time as the restitution has been paid or the sentence has been completed, the clerk of court or the community supervision officer, county or Department of Juvenile Justice juvenile probation officer, or probation officer serving pursuant to Article 6 of Chapter 8 of Title 42 assigned to the case, whoever is responsible for collecting restitution, shall review the case not less frequently than twice yearly to ensure that restitution is being paid as ordered. If the restitution was ordered to be made within a specific period of time, the case shall be reviewed at the end of the specific period of time to determine if the restitution has been paid in full. The final review shall be conducted before the sentence or probationary or parole period expires. If it is determined at any review that restitution is not being paid as ordered, a written report of the violation shall be filed with the court on a form prescribed by the Council of Superior Court Clerks of Georgia.
(d)
If the ordering authority permits the offender to pay restitution in other than a lump sum, the ordering authority may require the offender to pay interest on the amount of restitution due the victim or the victim's estate. Such interest shall be set at the same rate as is provided by Code Section
7-4-12
for judgments.
Amended by 2015 Ga. Laws 73,§ 5-37, eff. 7/1/2015.
Added by 2005 Ga. Laws 20,§ 5, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 14 - RESTITUTION AND DISTRIBUTION OF PROFITS TO VICTIMS OF CRIMES (§§ 17-14-1 — 17-14-32) › Article 1 - RESTITUTION (§§ 17-14-1 — 17-14-19) › Section 17-14-15 - Peonage not authorized by article; denial of benefits because of poverty prohibited

(a)
Nothing in this article shall authorize peonage; and this article shall be construed and diligently administered to prevent peonage.
(b)
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.
Added by 2005 Ga. Laws 20,§ 5, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 14 - RESTITUTION AND DISTRIBUTION OF PROFITS TO VICTIMS OF CRIMES (§§ 17-14-1 — 17-14-32) › Article 1 - RESTITUTION (§§ 17-14-1 — 17-14-19) › Section 17-14-16 - Transmission of copies of restitution orders to the Department of Corrections or the Department of Juvenile Justice, and to the Department of Community Supervision

If an offender who is ordered to pay restitution under this article is remanded to the jurisdiction of the Department of Corrections or the Department of Juvenile Justice, the court shall transmit a copy of the restitution order to such department and to the Department of Community Supervision when the order is issued.
Amended by 2015 Ga. Laws 73,§ 5-38, eff. 7/1/2015.
Added by 2005 Ga. Laws 20,§ 5, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 14 - RESTITUTION AND DISTRIBUTION OF PROFITS TO VICTIMS OF CRIMES (§§ 17-14-1 — 17-14-32) › Article 1 - RESTITUTION (§§ 17-14-1 — 17-14-19) › Section 17-14-17 - Voidable transfers

(a)
The state or the victim of a crime may institute an action against an offender pursuant to Article 4 of Chapter 2 of Title 18, the "Uniform Voidable Transactions Act," to set aside a transfer of real, personal, or other property made voluntarily by the offender on or after the date of the crime committed by the offender against the victim with the intent to:
(1)
Conceal the crime or the fruits of the crime;
(2)
Hinder, delay, or defraud any victim; or
(3)
Avoid the payment of restitution.
(b)
Any such action shall be filed within four years of the date the crime was committed.
Amended by 2015 Ga. Laws 167,§ 4B-2, eff. 7/1/2015.
Added by 2005 Ga. Laws 20,§ 5, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 14 - RESTITUTION AND DISTRIBUTION OF PROFITS TO VICTIMS OF CRIMES (§§ 17-14-1 — 17-14-32) › Article 1 - RESTITUTION (§§ 17-14-1 — 17-14-19) › Section 17-14-18 - Payments to and by the Crime Victims Emergency Fund

If a person or entity entitled to restitution cannot be located or refuses to claim such restitution within two years after the date on which he or she could have claimed such restitution, the restitution paid to such person or entity shall be deposited in the Crime Victims Emergency Fund created pursuant to Chapter 15 of Title 17 or its successor fund. However, a person or entity entitled to such restitution may claim such restitution any time within five years of the date on which he or she could have claimed such restitution by applying in writing to Georgia Crime Victims Compensation Board. Upon receipt of such application and verification that the person making the claim is in fact entitled to such restitution, the Georgia Crime Victims Compensation Board shall pay such restitution to the person or entity.
Added by 2005 Ga. Laws 20,§ 5, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 14 - RESTITUTION AND DISTRIBUTION OF PROFITS TO VICTIMS OF CRIMES (§§ 17-14-1 — 17-14-32) › Article 1 - RESTITUTION (§§ 17-14-1 — 17-14-19) › Section 17-14-19 - Effect of article on powers of courts

This article shall not be construed to limit or abrogate any power of any court, agency, or board to place other conditions, limits, terms, rules, or regulations on any relief in the nature of suspension of sentence, probation, parole, pardon, or restoration of rights.
Added by 2005 Ga. Laws 20,§ 5, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 14 - RESTITUTION AND DISTRIBUTION OF PROFITS TO VICTIMS OF CRIMES (§§ 17-14-1 — 17-14-32) › Article 2 - DISTRIBUTION OF PROFITS OF CRIMES (§§ 17-14-30 — 17-14-32) › Section 17-14-30 - Definitions

As used in this article, the term:
(1)
"Board" means the Board of Corrections.
(2)
"Convicted person" includes a person found not guilty by reason of insanity.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 14 - RESTITUTION AND DISTRIBUTION OF PROFITS TO VICTIMS OF CRIMES (§§ 17-14-1 — 17-14-32) › Article 2 - DISTRIBUTION OF PROFITS OF CRIMES (§§ 17-14-30 — 17-14-32) › Section 17-14-32 - Penalties for violations of article

(a)
It shall be unlawful for any person, firm, corporation, partnership, association, or other legal entity to fail to comply with this article.
(b)
Any person, firm, corporation, partnership, association, or other legal entity violating this article shall be guilty of a misdemeanor.
(c)
Each day that a person, firm, corporation, partnership, association, or other legal entity continues in violation of this article shall constitute a separate offense.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 15 - VICTIM COMPENSATION (§§ 17-15-1 — 17-15-17) › Section 17-15-1 - Legislative intent

The General Assembly recognizes that many innocent persons suffer personal physical injury, serious mental or emotional trauma, severe financial hardship, or death as a result of criminal acts or attempted criminal acts. The General Assembly finds and determines that there is a need for assistance for such victims of crimes. Accordingly, it is the General Assembly's intent that under certain circumstances, aid, care, and assistance be provided by the state for such victims of crimes.
Amended by 2014 Ga. Laws 551,§ 1, eff. 7/1/2014.
Amended by 2009 Ga. Laws 56,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 15 - VICTIM COMPENSATION (§§ 17-15-1 — 17-15-17) › Section 17-15-3 - Georgia Crime Victims Compensation Board; members; director of Criminal Justice Coordinating Council

(a)
There is created the Georgia Crime Victims Compensation Board. The Criminal Justice Coordinating Council created under Chapter 6A of Title 35 shall serve as the Georgia Crime Victims Compensation Board.
(b)
The Governor shall appoint the director of the Criminal Justice Coordinating Council to carry out the provisions of this chapter.
Amended by 2014 Ga. Laws 551,§ 1, eff. 7/1/2014.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 15 - VICTIM COMPENSATION (§§ 17-15-1 — 17-15-17) › Section 17-15-4 - Powers of board

(a)
The board shall have the following powers and duties:
(1)
To promulgate suitable rules and regulations to carry out the provisions and purposes of this chapter;
(2)
To request from the Attorney General, the Department of Public Safety, the Georgia Bureau of Investigation, district attorneys, solicitors-general, judges, county and municipal law enforcement agencies, and any other agency or department such assistance and data as will enable the board to determine the needs state wide for victim compensation and whether, and the extent to which, a claimant qualifies for an award. Any person, agency, or department listed in this paragraph is authorized to provide the board with the information requested upon receipt of a request from the board. Any provision of law providing for confidentiality of records shall not apply to a request of the board pursuant to this Code section; provided, however, that the board shall preserve the confidentiality of any such records received;
(3)
To hear and determine all appeals of denied claims for awards filed with the board pursuant to this chapter and to reinvestigate or reopen cases as the board deems necessary, including circumstances when it appears a claim may be time barred;
(4)
To apply for funds from, and to submit all necessary forms to, any federal agency participating in a cooperative program to compensate victims of crimes and to receive and administer federal funds for the purposes of this chapter;
(5)
To render awards to victims of crimes or to those other persons entitled to receive awards in the manner authorized by this chapter. Victim compensation payments may be made directly to direct service providers who are not the recipients of local, state, federal, or private grant funds awarded for purposes of providing direct services to victims of crimes. A victim or claimant may be paid directly in the case of lost wages, loss of support, and instances where the victim or claimant has paid the direct service provider and is filing for reimbursement. In all cases where the victim has incurred out-of-pocket expenses, such as lost wages or loss of support, or in cases where the victim or claimant has paid the direct service provider directly and is filing for reimbursement, the victim or claimant shall be paid first before any third party;
(6)
To carry out programs designed to inform the public of the purposes of this chapter; and
(7)
To render each year to the Governor and to the General Assembly a written report of its activities pursuant to this chapter.
(b)
The board shall assist applicants with their claims for compensation through educational programs and administrative assistance.
Amended by 2014 Ga. Laws 551,§ 1, eff. 7/1/2014.