reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 10 - SENTENCE AND PUNISHMENT (§§ 17-10-1 — 17-10-71) › Article 2 - DEATH PENALTY GENERALLY (§§ 17-10-30 — 17-10-44) › Section 17-10-41 - Persons required to be present at executions

There shall be present at the execution of a convicted person the superintendent of the state correctional institution or a deputy superintendent thereof, at least three executioners, two physicians to determine when death supervenes, and other correctional officers, assistants, technicians, and witnesses as determined by the commissioner of corrections. In addition, the convicted person may request the presence of his or her counsel, a member of the clergy, and a reasonable number of relatives and friends, provided that the total number of witnesses appearing at the request of the convicted person shall be determined by the commissioner of corrections.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 10 - SENTENCE AND PUNISHMENT (§§ 17-10-1 — 17-10-71) › Article 2 - DEATH PENALTY GENERALLY (§§ 17-10-30 — 17-10-44) › Section 17-10-42 - Preparation and filing of certification of execution

The executioner and attending physicians shall certify the fact of the execution to the clerk of the superior court of the county in which the sentence was imposed, which certificate shall be filed by the clerk with the papers in the case.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 10 - SENTENCE AND PUNISHMENT (§§ 17-10-1 — 17-10-71) › Article 2 - DEATH PENALTY GENERALLY (§§ 17-10-30 — 17-10-44) › Section 17-10-42.1 - Participation of medical professionals in executions

Participation in any execution of any convicted person carried out under this article shall not be the subject of any licensure challenge, suspension, or revocation for any physician or medical professional licensed in the State of Georgia.
Added by 2006 Ga. Laws 537,§ 1, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 10 - SENTENCE AND PUNISHMENT (§§ 17-10-1 — 17-10-71) › Article 2 - DEATH PENALTY GENERALLY (§§ 17-10-30 — 17-10-44) › Section 17-10-43 - Disposition of body of executed person; payment of expenses of transporting body

The body of an executed person shall be delivered to the relatives of the person if they so desire; and, in case no claim is made by relatives for the body, it shall be disposed of in the same manner as bodies of inmates dying in a state correctional institution. If the nearest relatives of the person executed desire that the body be transported to the former home of the executed person, if in this state, the expenses of transportation shall be paid by the county governing authority of the county where the person was convicted, from any funds on hand in the treasury.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 10 - SENTENCE AND PUNISHMENT (§§ 17-10-1 — 17-10-71) › Article 2 - DEATH PENALTY GENERALLY (§§ 17-10-30 — 17-10-44) › Section 17-10-44 - Apparatus, machinery, and appliances

The Department of Corrections shall provide a place for execution of the death sentence and all necessary apparatus, machinery, and appliances for inflicting the penalty of death.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 10 - SENTENCE AND PUNISHMENT (§§ 17-10-1 — 17-10-71) › Article 3 - MENTALLY INCOMPETENT TO BE EXECUTED (§§ 17-10-60 — 17-10-71) › Section 17-10-60 - "Mentally incompetent to be executed" defined

As used in this article, the term "mentally incompetent to be executed" means that because of a mental condition the person is presently unable to know why he or she is being punished and understand the nature of the punishment.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 10 - SENTENCE AND PUNISHMENT (§§ 17-10-1 — 17-10-71) › Article 3 - MENTALLY INCOMPETENT TO BE EXECUTED (§§ 17-10-60 — 17-10-71) › Section 17-10-61 - No execution upon determination of mental incompetency to be executed

A person under sentence of death shall not be executed when it is determined under the provisions of this article that the person is mentally incompetent to be executed as defined in Code Section
17-10-60
.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 10 - SENTENCE AND PUNISHMENT (§§ 17-10-1 — 17-10-71) › Article 3 - MENTALLY INCOMPETENT TO BE EXECUTED (§§ 17-10-60 — 17-10-71) › Section 17-10-62 - Exclusive procedure for challenging mental competency to be executed

Notwithstanding any other provision of this Code, this article provides the exclusive procedure for challenging mental competency to be executed when such challenge is made subsequent to the time of conviction and sentence.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 10 - SENTENCE AND PUNISHMENT (§§ 17-10-1 — 17-10-71) › Article 3 - MENTALLY INCOMPETENT TO BE EXECUTED (§§ 17-10-60 — 17-10-71) › Section 17-10-63 - Filing of application; contents

(a)
An application brought under this article must be filed in the superior court of the county in which the applicant is being detained. The named respondent shall be the person having actual custody of the applicant.
(b)
An application brought under this article shall identify the proceeding in which the applicant was convicted, give the date of the rendition and the final judgment complained of, set forth the fact that a time period for execution has been set, give the date of the signing of the order and the dates of the designated time period for execution, and shall clearly set forth alleged facts in support of the assertion that the applicant is presently mentally incompetent to be executed. The application shall have attached thereto affidavits, records, or other evidence supporting its allegations or shall state why the same are not attached. The application shall identify any previous proceedings that the applicant may have taken challenging his mental competency to be executed or challenging his mental condition in relation to the conviction and sentence in question. Arguments and citations of authority shall be omitted from the application. The application must be verified with the oath of the applicant or of some other person in his behalf.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 10 - SENTENCE AND PUNISHMENT (§§ 17-10-1 — 17-10-71) › Article 3 - MENTALLY INCOMPETENT TO BE EXECUTED (§§ 17-10-60 — 17-10-71) › Section 17-10-64 - Service of application

Service of an application brought under this article shall be made upon the person having custody of the applicant. If the applicant is being detained under the custody of the Department of Corrections, an additional copy of the application shall be served upon the Attorney General. If the applicant is being detained under the custody of some authority other than the Department of Corrections, an additional copy of the petition shall be served upon the district attorney of the county in which the application is filed.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 10 - SENTENCE AND PUNISHMENT (§§ 17-10-1 — 17-10-71) › Article 3 - MENTALLY INCOMPETENT TO BE EXECUTED (§§ 17-10-60 — 17-10-71) › Section 17-10-65 - Answer by respondent

As soon as possible after the filing and docketing of the application under this article, the respondent shall answer the application. The court may schedule a case for a hearing prior to the filing of responsive pleadings but, in any event, shall schedule the case for a hearing as soon as possible so that the proceedings may move expeditiously.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 10 - SENTENCE AND PUNISHMENT (§§ 17-10-1 — 17-10-71) › Article 3 - MENTALLY INCOMPETENT TO BE EXECUTED (§§ 17-10-60 — 17-10-71) › Section 17-10-66 - Examination of applicant

(a)
By filing an application under this article, the applicant specifically consents to submit to a state examination for the purposes of assessing mental competency to be executed.
(b)
Simultaneously with the filing of the application, the applicant, if he or she wishes the court to consider any request for appointment of an expert, shall file such a request and shall state specific facts in support of that request so that the court may determine if the applicant's mental competency to be executed is in fact a significant issue. The applicant shall further submit with the motion a specific statement as to the particular expert requested, the nature of the examination to be conducted, the time period within which an examination can be conducted, and an estimate of the expenses to be incurred.
(c)
If the applicant has filed a request for an examination as provided in subsection (b) of this Code section and the applicant makes a sufficient showing that his or her mental competency to be executed is a significant issue, the court shall appoint an expert to make an examination of the applicant, with such examination to be conducted as soon as possible. Payment for such expert shall be made by the Department of Corrections unless otherwise designated by the General Assembly.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 10 - SENTENCE AND PUNISHMENT (§§ 17-10-1 — 17-10-71) › Article 3 - MENTALLY INCOMPETENT TO BE EXECUTED (§§ 17-10-60 — 17-10-71) › Section 17-10-67 - When application to be filed

An application under this article shall not be filed until completion of direct appeal and until an order has been signed by a judge of the trial court setting a time period for the execution.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 10 - SENTENCE AND PUNISHMENT (§§ 17-10-1 — 17-10-71) › Article 3 - MENTALLY INCOMPETENT TO BE EXECUTED (§§ 17-10-60 — 17-10-71) › Section 17-10-68 - Proof; disposition

(a)
The court may receive proof by depositions, oral testimony, sworn affidavits, or other evidence.
(b)
The taking of depositions shall be governed by Code Sections
9-11-26
through
9-11-32
and
9-11-37
.
(c)
If a sworn affidavit is to be introduced into evidence by either party, the party intending to introduce such an affidavit shall cause it to be served upon the opposing party at least five days in advance of the date set for a hearing in the case or, in the event a hearing is set less than five days from the date of the filing of the application, as soon as possible so that opposing counsel has the opportunity to review the affidavit prior to the hearing. The affidavit so served shall be accompanied by notice of the party's intention to introduce it into evidence. The superior court judge considering the application may resolve disputed issues of fact upon the basis of sworn affidavits standing by themselves.
(d)
After reviewing the pleadings and evidence offered at the hearing, the judge of the superior court hearing the case shall make written findings of fact and conclusions of law upon which the judgment is based. The findings of fact and conclusions of law shall be recorded as part of the record in the case.
(e)
If the court finds in favor of the applicant by finding that the applicant has proven his or her mental incompetence to be executed by a preponderance of the evidence, the court shall enter an appropriate order with respect to any scheduled execution time period and shall enter such supplementary orders as necessary and proper. If the court denies the application, the court shall direct that immediate telephonic notification be given to the parties and any stay presently entered under this article shall be dissolved instanter.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 10 - SENTENCE AND PUNISHMENT (§§ 17-10-1 — 17-10-71) › Article 3 - MENTALLY INCOMPETENT TO BE EXECUTED (§§ 17-10-60 — 17-10-71) › Section 17-10-69 - Prior adjudication as presumption of mental competency

If an applicant is determined to have previously filed an application under this article and has previously been determined to be mentally competent to be executed, such prior adjudication shall act as a presumption of mental competency and the applicant shall not be entitled to a new hearing on the question of mental competency to be executed absent the applicant's making a prima-facie showing of a substantial change in circumstances sufficient to raise a significant question as to the applicant's mental competency to be executed at the time of filing of any subsequent applications.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 10 - SENTENCE AND PUNISHMENT (§§ 17-10-1 — 17-10-71) › Article 3 - MENTALLY INCOMPETENT TO BE EXECUTED (§§ 17-10-60 — 17-10-71) › Section 17-10-70 - Appeals

(a)
Appeals in cases brought under this article shall be governed by Chapter 6 of Title 5 except that as to final orders of the court which are adverse to the applicant, no appeal shall be ordered unless the Supreme Court of this state issues a certificate of probable cause for the appeal.
(b)
If an unsuccessful applicant desires to appeal, he or she must file a written application for a certificate of probable cause to appeal with the clerk of the Supreme Court within three days of the entry of the order denying relief. The applicant shall also file within the same period a notice of appeal with the clerk of the concerned superior court. The Supreme Court shall either grant or deny the application within a reasonable time after filing. In order for the Supreme Court to consider fully the request for a certificate, the clerk of the concerned superior court shall forward, as in any other case, the record and transcript, if designated, to the clerk of the Supreme Court when a notice of appeal is filed. The clerk of the concerned superior court need not prepare and retain and the court reporter need not file a copy of the original record and a copy of the original transcript of proceedings. The clerk of the Supreme Court shall return the original record and transcript to the clerk of the concerned superior court upon completion of the appeal if the certificate is granted. If the Supreme Court denies the application for a certificate of probable cause, the clerk of the Supreme Court shall return the original record and transcript and shall notify the clerk of the concerned superior court and the parties to the proceedings below of the determination that probable cause does not exist for appeal.
(c)
If the trial court finds in favor of the applicant, no certificate of probable cause need be obtained by the respondent as a condition precedent to appeal. A notice of appeal filed by the respondent shall act as a supersedeas and shall stay the judgment of the superior court until there is a final adjudication by the Supreme Court.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 10 - SENTENCE AND PUNISHMENT (§§ 17-10-1 — 17-10-71) › Article 3 - MENTALLY INCOMPETENT TO BE EXECUTED (§§ 17-10-60 — 17-10-71) › Section 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.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 11 - ASSESSMENT AND PAYMENT OF COSTS OF CRIMINAL PROCEEDINGS (§§ 17-11-1 — 17-11-24) › Article 1 - GENERAL PROVISIONS (§§ 17-11-1 — 17-11-5) › Section 17-11-1 - Imposition of costs of prosecution upon defendant generally

The costs of a prosecution, except the fees of his own witnesses, shall not be demanded of a defendant until after trial and conviction. If convicted, judgment may be entered against the defendant for all costs accruing in the committing and trial courts and by any officer pending the prosecution. The judgment shall be a lien from the date of his arrest on all the property of the defendant. The clerk shall issue an execution on the judgment against the property.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 11 - ASSESSMENT AND PAYMENT OF COSTS OF CRIMINAL PROCEEDINGS (§§ 17-11-1 — 17-11-24) › Article 1 - GENERAL PROVISIONS (§§ 17-11-1 — 17-11-5) › Section 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.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 11 - ASSESSMENT AND PAYMENT OF COSTS OF CRIMINAL PROCEEDINGS (§§ 17-11-1 — 17-11-24) › Article 1 - GENERAL PROVISIONS (§§ 17-11-1 — 17-11-5) › Section 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.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 11 - ASSESSMENT AND PAYMENT OF COSTS OF CRIMINAL PROCEEDINGS (§§ 17-11-1 — 17-11-24) › Article 1 - GENERAL PROVISIONS (§§ 17-11-1 — 17-11-5) › Section 17-11-4 - Imposition of costs and jail fees upon prosecutor or complainant

(a)
The prosecutor's name shall be endorsed on every indictment, and he shall be compelled to pay all costs and jail fees upon the acquittal or discharge of the person accused when:
(1)
The grand jury, by its foreman, on returning "no bill," expresses as its opinion that the prosecution was unfounded or malicious;
(2)
A jury on the trial of the prosecution finds it to be malicious; or
(3)
The prosecution is abandoned before trial. When it is thus abandoned, the officer who issued the warrant shall enter a judgment against the prosecutor for all the costs and enforce it by an execution in the name of the state or by an attachment for contempt.
(b)
A magistrate may, in his discretion, assess costs and jail fees against the person who instigated the prosecution when, at a committal hearing, the action is dismissed for want of probable cause and the magistrate finds that the complaint was unfounded and malicious. This subsection shall not apply to law enforcement personnel.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 11 - ASSESSMENT AND PAYMENT OF COSTS OF CRIMINAL PROCEEDINGS (§§ 17-11-1 — 17-11-24) › Article 1 - GENERAL PROVISIONS (§§ 17-11-1 — 17-11-5) › Section 17-11-5 - Payment of costs and expenses when venue changed

(a)
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.
(b)
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.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 11 - ASSESSMENT AND PAYMENT OF COSTS OF CRIMINAL PROCEEDINGS (§§ 17-11-1 — 17-11-24) › Article 2 - REIMBURSEMENT OF COUNTIES FOR EXPENSES OF CAPITAL FELONY PROSECUTIONS (§§ 17-11-20 — 17-11-24) › Section 17-11-20 - Short title

This article shall be known and may be cited as the "Capital Felony Expense Act."
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 11 - ASSESSMENT AND PAYMENT OF COSTS OF CRIMINAL PROCEEDINGS (§§ 17-11-1 — 17-11-24) › Article 2 - REIMBURSEMENT OF COUNTIES FOR EXPENSES OF CAPITAL FELONY PROSECUTIONS (§§ 17-11-20 — 17-11-24) › Section 17-11-21 - Definitions

As used in this article, the term:
(1)
"Capital felony case" means a criminal case in which the death penalty may be imposed upon the defendant under the laws of this state.
(2)
"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:
(A)
Any expenses reimbursed by or pursuant to state law;
(B)
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
(C)
County paid supplements to the salaries or compensation of state officers and employees.
(3)
"Commissioner" means the commissioner of community affairs.
(4)
"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
.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 11 - ASSESSMENT AND PAYMENT OF COSTS OF CRIMINAL PROCEEDINGS (§§ 17-11-1 — 17-11-24) › Article 2 - REIMBURSEMENT OF COUNTIES FOR EXPENSES OF CAPITAL FELONY PROSECUTIONS (§§ 17-11-20 — 17-11-24) › Section 17-11-22 - Basis for reimbursement of counties for capital felony expenses

(a)
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.
(b)
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.
(c)
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.
(d)
No capital felony expenses for which reimbursement has already been made will again be included in any subsequent calculations or reimbursement requests.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 11 - ASSESSMENT AND PAYMENT OF COSTS OF CRIMINAL PROCEEDINGS (§§ 17-11-1 — 17-11-24) › Article 2 - REIMBURSEMENT OF COUNTIES FOR EXPENSES OF CAPITAL FELONY PROSECUTIONS (§§ 17-11-20 — 17-11-24) › Section 17-11-23 - When reimbursement payments to be made; manner of reimbursement where requests exceed funds appropriated

(a)
(1)
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.
(2)
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.
(b)
(1)
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.
(2)
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.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 11 - ASSESSMENT AND PAYMENT OF COSTS OF CRIMINAL PROCEEDINGS (§§ 17-11-1 — 17-11-24) › Article 2 - REIMBURSEMENT OF COUNTIES FOR EXPENSES OF CAPITAL FELONY PROSECUTIONS (§§ 17-11-20 — 17-11-24) › Section 17-11-24 - Administration of article generally; adoption of rules and regulations; maintenance of records of capital felony expenses by clerks of superior courts

(a)
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.
(b)
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.
(c)
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.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 12 - LEGAL DEFENSE OF INDIGENTS (§§ 17-12-1 — 17-12-120) › Article 1 - GEORGIA PUBLIC DEFENDER STANDARDS COUNCIL (§§ 17-12-1 — 17-12-14) › Section 17-12-1 - Short title; Georgia Public Defender Council; responsibilities

(a)
This chapter shall be known and may be cited as the "Georgia Indigent Defense Act of 2003."
(b)
The Georgia Public Defender Council shall be an independent agency within the executive branch of state government.
(c)
The council shall be responsible for assuring that adequate and effective legal representation is provided, independently of political considerations or private interests, to indigent persons who are entitled to representation under this chapter.
Amended by 2015 Ga. Laws 74,§ 7-1, eff. 7/1/2015.
Amended by 2007 Ga. Laws 22,§ 1, eff. 7/1/2007.
Added by 2003 Ga. Laws 32, § 1, eff. 12/31/2003.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 12 - LEGAL DEFENSE OF INDIGENTS (§§ 17-12-1 — 17-12-120) › Article 1 - GEORGIA PUBLIC DEFENDER STANDARDS COUNCIL (§§ 17-12-1 — 17-12-14) › Section 17-12-2 - Definitions

As used in this chapter, the term:
(1)
"Assistant public defender" means an attorney who is employed by any circuit public defender.
(2)
"Circuit public defender" means the head of a public defender office providing indigent defense representation within any given judicial circuit of this state.
(3)
"Circuit public defender office" means the office of any of the several circuit public defenders.
(4)
"Council" means the Georgia Public Defender Council.
(5)
"Director" means the director of the Georgia Public Defender Council.
(6)
"Indigent person" or "indigent defendant" means:
(A)
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;
(B)
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
(C)
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.
(7)
"Legislative oversight committee" means the Legislative Oversight Committee for the Georgia Public Defender Council.
(8)
"Public defender" means an attorney who is employed in a circuit public defender office or who represents an indigent person pursuant to this chapter.
Amended by 2015 Ga. Laws 74,§ 7-2, eff. 7/1/2015.
Amended by 2008 Ga. Laws 729,§ 15, eff. 7/1/2008.
Amended by 2006 Ga. Laws 749,§ 4, eff. 5/3/2006.
Added by 2003 Ga. Laws 32, § 1, eff. 12/31/2003.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 12 - LEGAL DEFENSE OF INDIGENTS (§§ 17-12-1 — 17-12-120) › Article 1 - GEORGIA PUBLIC DEFENDER STANDARDS COUNCIL (§§ 17-12-1 — 17-12-14) › Section 17-12-4 - Authority of council; annual audit

(a)
The council:
(1)
Shall be a legal entity;
(2)
Shall have perpetual existence;
(3)
May contract;
(4)
May own property;
(5)
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;
(6)
May adopt and use an official seal; and
(7)
May establish a principal office.
(b)
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.
(c)
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.
Amended by 2011 Ga. Laws 51,§ 2, eff. 7/1/2011.
Amended by 2008 Ga. Laws 729,§ 17, eff. 7/1/2008.
Added by 2003 Ga. Laws 32, § 1, eff. 12/31/2003.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 12 - LEGAL DEFENSE OF INDIGENTS (§§ 17-12-1 — 17-12-120) › Article 1 - GEORGIA PUBLIC DEFENDER STANDARDS COUNCIL (§§ 17-12-1 — 17-12-14) › Section 17-12-6 - Assistance of council to public defenders

(a)
The council may assist the public defenders throughout the state in their efforts to provide adequate legal defense to the indigent. Assistance may include:
(1)
The preparation and distribution of a basic defense manual and other educational materials;
(2)
The preparation and distribution of model forms and documents employed in indigent defense;
(3)
The promotion of and assistance in the training of indigent defense attorneys;
(4)
The provision of legal research assistance to public defenders; and
(5)
The provision of such other assistance to public defenders as may be authorized by law.
(b)
The council:
(1)
Shall be the fiscal officer for the circuit public defender offices and shall account for all moneys received from each governing authority; and
(2)
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.
Amended by 2015 Ga. Laws 74,§ 7-5, eff. 7/1/2015.
Amended by 2010 Ga. Laws 615,§ 10, eff. 6/3/2010.
Amended by 2008 Ga. Laws 729,§ 19, eff. 7/1/2008.
Added by 2003 Ga. Laws 32, § 1, eff. 12/31/2003.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 12 - LEGAL DEFENSE OF INDIGENTS (§§ 17-12-1 — 17-12-120) › Article 1 - GEORGIA PUBLIC DEFENDER STANDARDS COUNCIL (§§ 17-12-1 — 17-12-14) › Section 17-12-7 - Councilmembers; responsibilities; voting; removal; quorum; meetings; officers; expenses

(a)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
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.
(f)
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.
(g)
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.
Amended by 2015 Ga. Laws 74,§ 7-6, eff. 7/1/2015.
Amended by 2014 Ga. Laws 669,§ 17, eff. 4/29/2014.
Amended by 2011 Ga. Laws 51,§ 4, eff. 7/1/2011.
Added by 2003 Ga. Laws 32, § 1, eff. 12/31/2003.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 12 - LEGAL DEFENSE OF INDIGENTS (§§ 17-12-1 — 17-12-120) › Article 1 - GEORGIA PUBLIC DEFENDER STANDARDS COUNCIL (§§ 17-12-1 — 17-12-14) › Section 17-12-8 - [Repealed] Approval by council of programs for representation of indigents; public access to policies and standards

Repealed by 2015 Ga. Laws 74,§ 7-7, eff. 7/1/2015.
Amended by 2011 Ga. Laws 51,§ 5, eff. 7/1/2011.
Amended by 2008 Ga. Laws 729,§ 20, eff. 7/1/2008.
Amended by 2006 Ga. Laws 749,§ 6, eff. 5/3/2006.
Amended by 2005 Ga. Laws 281,§ 1, eff. 5/6/2005.
Amended by 2005 Ga. Laws 19,§ 17, eff. 4/7/2005.
Added by 2003 Ga. Laws 32, § 1, eff. 12/31/2003.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 12 - LEGAL DEFENSE OF INDIGENTS (§§ 17-12-1 — 17-12-120) › Article 1 - GEORGIA PUBLIC DEFENDER STANDARDS COUNCIL (§§ 17-12-1 — 17-12-14) › Section 17-12-9 - Continuing legal education for public defenders and staff

The council shall be authorized to conduct or approve for credit or reimbursement, or both, basic and continuing legal education courses or other appropriate training programs for the circuit public defenders or their staff members. The council, in accordance with such policies as it shall adopt, shall be authorized to provide reimbursement, in whole or in part, for the actual expenses incurred by any circuit public defender or their staff members in attending any approved course or training program from funds as may be appropriated or otherwise made available to the council. The circuit public defenders or their staff members shall be authorized to receive reimbursement for actual expenses incurred in attending approved courses or training programs. The council shall adopt policies governing the approval of courses and training programs for credit or reimbursement as may be necessary to administer this Code section properly.
Amended by 2011 Ga. Laws 51,§ 6, eff. 7/1/2011.
Amended by 2008 Ga. Laws 729,§ 21, eff. 7/1/2008.
Added by 2003 Ga. Laws 32, § 1, eff. 12/31/2003.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 12 - LEGAL DEFENSE OF INDIGENTS (§§ 17-12-1 — 17-12-120) › Article 1 - GEORGIA PUBLIC DEFENDER STANDARDS COUNCIL (§§ 17-12-1 — 17-12-14) › Section 17-12-10 - Annual reporting

(a)
Upon request, the council shall prepare annually a report of its activities in order to provide the General Assembly, the Governor, and the Supreme Court of Georgia with an accurate description and accounting of the preceding year's expenditures and revenue, including moneys received from cities and county governing authorities.
(b)
Upon request, the council shall provide to the General Assembly, the Governor, and the Supreme Court of Georgia a detailed analysis of all grants and funds, whether public or private, applied for or granted, together with how and in what manner the same are to be utilized and expended.
(c)
Upon request, the director shall prepare annually a report in order to provide the General Assembly, the Supreme Court, and the Governor with information on the council's assessment of the delivery of indigent defense services, including, but not limited to, the costs involved in operating each program and each governing authority's indigent person verification system, methodology used, costs expended, and savings realized.
Amended by 2015 Ga. Laws 74,§ 7-8, eff. 7/1/2015.
Amended by 2011 Ga. Laws 51,§ 7, eff. 7/1/2011.
Amended by 2008 Ga. Laws 729,§ 22, eff. 7/1/2008.
Added by 2003 Ga. Laws 32, § 1, eff. 12/31/2003.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 12 - LEGAL DEFENSE OF INDIGENTS (§§ 17-12-1 — 17-12-120) › Article 1 - GEORGIA PUBLIC DEFENDER STANDARDS COUNCIL (§§ 17-12-1 — 17-12-14) › Section 17-12-10.2 - Civil liability

The members of the council as created by this article, the members of the circuit public defender supervisory panel created by Article 2 of this chapter, and other policy-making or administrative personnel acting in a policy-making or administrative capacity shall not be subject to civil liability resulting from any act or failure to act in the implementation and carrying out of the purposes of this chapter.
Amended by 2008 Ga. Laws 729,§ 24, eff. 7/1/2008.
Added by 2003 Ga. Laws 32, § 1, eff. 12/31/2003.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 12 - LEGAL DEFENSE OF INDIGENTS (§§ 17-12-1 — 17-12-120) › Article 1 - GEORGIA PUBLIC DEFENDER STANDARDS COUNCIL (§§ 17-12-1 — 17-12-14) › Section 17-12-11 - Mental health advocacy division; duties, responsibilities, and management

(a)
The mental health advocacy division shall represent in any court in this state indigent persons found not guilty by reason of insanity at the time of the crime or found mentally incompetent to stand trial and shall be the successor to the office of mental health advocacy created by Article 4 of this chapter as it existed on June 30, 2008. Any assets or resources of the office of mental health advocacy shall be transferred to the council. The mental health advocacy division office shall serve all counties of this state.
(b)
Whenever any person has been found not guilty by reason of insanity at the time of the crime pursuant to Code Section
17-7-131
or found mentally incompetent to stand trial pursuant to Code Section
17-7-130
and has been determined to be an indigent person, the court in which such case is pending shall notify the mental health advocacy division, and the division may assume the defense and representation of such person in all matters pursuant to Code Sections
17-7-130
and
17-7-131
, as applicable, if the resources, funding, and staffing of the division allow; provided, however, that the circuit public defender or other attorney who represented the indigent person at the time of the finding of not guilty by reason of insanity at the time of the crime or the finding of mentally incompetent to stand trial shall have the option to retain responsibility for the representation of any such person.
(c)
Nothing in this Code section shall prevent the circuit public defender, the court, or the court appointed attorney from requesting the participation of the mental health advocacy division prior to a finding of not guilty by reason of insanity at the time of the crime or a finding of mentally incompetent to stand trial. The circuit public defender, the court, or the court appointed attorney may request that the mental health advocacy division assist in the case prior to a plea being entered and accepted by the court.
(d)
If for any reason the mental health advocacy division is unable to represent any indigent person found not guilty by reason of insanity at the time of the crime or found mentally incompetent to stand trial, such representation shall be provided as otherwise provided by law.
(e)
The director shall be responsible for management of the mental health advocacy division; provided, however, that the director may delegate day-to-day operations of the division to the mental health advocate.
Amended by 2008 Ga. Laws 729,§ 25, eff. 7/1/2008.
Added by 2003 Ga. Laws 32, § 1, eff. 12/31/2003.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 12 - LEGAL DEFENSE OF INDIGENTS (§§ 17-12-1 — 17-12-120) › Article 1 - GEORGIA PUBLIC DEFENDER STANDARDS COUNCIL (§§ 17-12-1 — 17-12-14) › Section 17-12-12 - Georgia capital defender division; duties, responsibilities, and management

(a)
The Georgia capital defender division shall represent all indigent persons charged with a capital felony for which the death penalty is being sought in any court in this state and shall be the successor to the Office of the Georgia Capital Defender created by Article 6 of this chapter as it existed on June 30, 2008. Any assets or resources of the Office of the Georgia Capital Defender shall be transferred to the council. The Georgia capital defender division shall serve all counties of this state.
(b)
Whenever any person accused of a capital felony for which the death penalty is being sought has been determined to be an indigent person who has requested the assistance of counsel, the court in which the charges are pending shall notify the Georgia capital defender division, and the division shall assume the defense of such person except as provided in Code Section
17-12-12.1
.
(c)
No person shall be assigned the primary responsibility of representing an indigent person accused of a capital offense for which the death penalty is sought unless such person is authorized to practice law in this state and is otherwise competent to counsel and defend a person charged with a capital felony.
(d)
The Georgia capital defender division or appointed counsel's defense of a defendant in a case in which the death penalty is sought shall include all proceedings in the trial court and any appeals to the Supreme Court of Georgia. Neither the Georgia capital defender division nor appointed counsel shall assist with any petition for a writ of habeas corpus in federal court.
(e)
The director shall be responsible for management of the Georgia capital defender division; provided, however, that the director may delegate day-to-day operations of the division to the capital defender.
Amended by 2008 Ga. Laws 729,§ 26, eff. 7/1/2008.
Added by 2003 Ga. Laws 32, § 1, eff. 12/31/2003.