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Fines and Fees
State Statute Description/Statute Name Statutory language Amount Level of offense Mandatory Imposed by Delegation of authority
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Georgia Ga. Code Ann. § 16-5-46(f)(1) Trafficking a person for labor or sexual servitude
Except as provided in paragraph (2) of this subsection, any person who commits the offense of trafficking an individual for labor or sexual servitude shall be guilty of a felony,
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and upon conviction thereof, shall be punished by imprisonment for not less than ten nor more than 20 years and a fine not to exceed $100,000.00.
$0 - $100000

None
Felony Yes Court N/A
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Georgia Ga. Code Ann. § 16-5-46(f)(2) Trafficking a person for labor or sexual servitude
Any person who commits the offense of trafficking an individual for labor or sexual servitude against an individual who is under the age of 18 years shall be guilty of
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a felony, and upon conviction thereof, shall be punished by imprisonment for not less than ten nor more than 20 years and a fine not to exceed $100,000.00; provided, however, that if the offense is committed against an individual under 18 years of age and such individual under the age of 18 years was coerced or deceived into being trafficked for labor or sexual servitude or if the offense is committed against an individual who has a developmental disability, the person shall be guilty of a felony, and upon conviction thereof, shall be punished by imprisonment for not less than 25 nor more than 50 years or life imprisonment and a fine not to exceed $100,000.00.
$0 - $100000

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Felony Yes Court N/A
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Georgia Ga. Code Ann. § 16-5-70(e)(3) Cruelty to children
 A person convicted of the offense of cruelty to children in the third degree shall be punished as for a misdemeanor upon the first or second conviction. Upon conviction of
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a third or subsequent offense of cruelty to children in the third degree, the defendant shall be guilty of a felony and shall be sentenced to a fine not less than $1,000.00 nor more than $5,000.00 or imprisonment for not less than one year nor more than three years or shall be sentenced to both fine and imprisonment.
$1000 - $5000

None
Misdemeanor Yes Court N/A
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Georgia Ga. Code Ann. § 16-5-91(b) Aggravated stalking
Any person convicted of a violation of subsection (a) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not
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less than one nor more than ten years and by a fine of not more than $10,000.00. The provisions of subsection (d) of Code Section 16-5-90 apply to sentencing for conviction of aggravated stalking.
$0 - $10000

None
Felony Yes Court N/A
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Georgia Ga. Code Ann. § 16-5-101(d) Cruelty to a person who is 65 years of age or older
A person who commits the offense of neglect to a disabled adult, elder person, or resident of a long-term care facility, upon conviction, shall be punished by imprisonment for not
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less than one nor more than 20 years, a fine of not more than $50,000.00, or both.
$0 - $50000

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Felony No Court N/A
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Georgia Ga. Code Ann. § 16-5-102(a) Punishment for any person who exploits, threatens, intimidates, or attempts to intimidate a disabled adult or elder person
Any person who knowingly and willfully exploits a disabled adult, elder person, or resident, willfully inflicts physical pain, physical injury, sexual abuse, mental anguish, or unreasonable confinement upon a disabled
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adult, elder person, or resident, or willfully deprives of essential services a disabled adult, elder person, or resident shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than one nor more than 20 years, a fine of not more than $50,000.00, or both.
$0 - $50000

None
Felony No Court N/A
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Georgia Ga. Code Ann. § 16-6-5.1(f) Sexual assault
A person convicted of sexual assault shall be punished by imprisonment for not less than one nor more than 25 years or by a fine not to exceed $100,000.00, or
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both; provided, however, that: (1) Except as provided in paragraph (2) of this subsection, any person convicted of the offense of sexual assault of a child under the age of 16 years shall be punished by imprisonment for not less than 25 nor more than 50 years and shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2; and (2) If at the time of the offense the victim of the offense is at least 14 years of age but less than 16 years of age and the actor is 18 years of age or younger and is no more than four years older than the victim, such person shall be guilty of a misdemeanor and shall not be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.
$0 - $100000

None
Felony No Court N/A
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Georgia Ga. Code Ann. § 16-6-13(b)(1) Punishment for keeping a place of prostitution, pimping or pandering
A person convicted of any of the offenses enumerated in Code Sections 16-6-10 through 16-6-12 when such offense involves the conduct of a person who is at least 16 but less than 18 years
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of age shall be guilty of a felony and shall be punished by imprisonment for a period of not less than five nor more than 20 years, a fine of not less than $2,500.00 nor more than $10,000.00, or both.
$2500 - $10000

None
Felony No Court N/A
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Georgia Ga. Code Ann. § 16-6-13(b)(2) Punishment for keeping a place of prostitution, pimping or pandering
A person convicted of any of the offenses enumerated in Code Sections 16-6-10 through 16-6-12 when such offense involves the conduct of a person under the age of 16 years shall be guilty of
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a felony and shall be punished by imprisonment for a period of not less than ten nor more than 30 years, a fine of not more than $100,000.00, or both.
$0 - $100000

None
Felony No Court N/A
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Georgia Ga. Code Ann. § 16-6-15(b) Solicitation of sodomy
A person convicted of solicitation of sodomy when such offense involves the solicitation of a person or persons under the age of 18 years to perform or submit to an
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act of sodomy for money shall be guilty of a felony and shall be punished by imprisonment for a period of not less than five nor more than 20 years and shall be fined not less than $2,500.00 nor more than $10,000.00.
$2500 - $10000

None
Felony No Court N/A
Poverty Penalties and Poverty Traps
State Statute Description/Statute Name Statutory language Type of poverty penalty or poverty trap Level of offense Mandatory
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Georgia Ga. Code Ann. § 17-10-8.1 Fee For Legal Defense Services as Condition of Probation

In any case in which a defendant receives legal defense services pursuant to Chapter 12 of Title 17 where the defendant has not paid the application fee required by Code

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Section 15-21A-6 and the court has not waived such fee at the time of sentencing, the court shall impose such fee as a condition of probation.

Condition or extension of supervision All Yes
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Georgia Ga. Code Ann. § 17-10-20(c) Collection of Fines and Restitution in Criminal Cases

If the fine or restitution is not paid in full, such judgment may be enforced by instituting any procedure for execution upon the writ of fieri facias through levy, foreclosure,

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garnishment, and all other actions provided for the enforcement of judgments in the State of Georgia and in other states and foreign nations where such judgment is afforded full faith and credit under the Uniform Foreign Money Judgments Act or domestication thereof.

Wage/bank account garnishment All No
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Georgia Ga. Code Ann. § 42-8-102(f)(4) Fixing of Sentence; Supervision or Probation of Sentence; Change in Sentence; Eligibility For Parole; Prohibited Modifications; Exceptions

(A) For failure to report to probation or failure to pay fines, statutory surcharges, or probation supervision fees, the court shall consider the use of alternatives to confinement, including community

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service, modification of the terms of probation, or any other alternative deemed appropriate by the court. The court shall consider whether a failure to pay court imposed financial obligations was willful. In the event an alternative is not warranted, the court shall revoke the balance of probation or a period not to exceed 120 days in confinement, whichever is less; and (B) For failure to comply with any other general provision of probation or suspension, the court shall consider the use of alternatives to confinement, including community service or any other alternative deemed appropriate by the court. In the event an alternative is not warranted, the court shall revoke the balance of probation or a period not to exceed two years in confinement, whichever is less.

Community service All Yes
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Georgia Ga. Code Ann. § 42-8-102(f)(2) Probation and Supervision; Determination of Fees, Fines, and Restitution; Converting Moneys Owed to Community Service or Educational Advancement; Community Jurisdiction; Revocation; Transfer

(A)  When the sole basis for a probation revocation is for failure to pay fines, statutory surcharges, or probation supervision fees, the probationer shall be scheduled to appear on the

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court's next available court calendar for a hearing on such issue. No prehearing arrest warrant shall be issued under such circumstances. Absent a waiver, the court shall not revoke a probationary sentence for failure to pay fines, statutory surcharges, or probation supervision fees without holding a hearing, inquiring into the reasons for the probationer's failure to pay, and, if a probationary sentence is revoked, making an express written determination that the probationer has not made sufficient bona fide efforts to pay and the probationer's failure to pay was willful or that adequate alternative types of punishment do not exist. Should the probationer fail to appear at such hearing, the court may, in its discretion, revoke the probated sentence. (B)  A person otherwise found eligible to have his or her probation modified or terminated pursuant to paragraph (1) of this subsection shall not be deemed ineligible for modification or termination of probation solely due to his or her failure to pay fines, statutory surcharges, or probation supervision fees.

Condition or extension of supervision All Yes
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Georgia Ga. Code Ann. § 42-8-103 Pay-Only Probation; Discharge or Termination of Probation

(a)  As used in this Code section, the term "pay-only probation" means a defendant has been placed under probation supervision solely because such defendant is unable to pay the court imposed

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fines and statutory surcharges when such defendant's sentence is imposed. Such term shall not include circumstances when restitution has been imposed or other probation services are deemed appropriate by the court; (b)  When pay-only probation is imposed, the total maximum fee collected shall be capped so as not to exceed three months of ordinary probation supervision fees at a monthly rate not to exceed the rate set forth in the contract between the court and the provider of services, notwithstanding the number of cases for which a fine and statutory surcharge were imposed or that the defendant was sentenced to serve consecutive sentences; provided, however, that collection of such fee shall terminate as soon as all court imposed fines and statutory surcharges are paid in full; and provided, further, that when all such fines and statutory surcharges are paid in full, the probation officer or private probation officer, as the case may be, shall submit an order to the court terminating the probated sentence within 30 days of fulfillment of such conditions. Within 90 days of receiving such order, the court shall issue an order terminating such probated sentence or issue an order stating why such probated sentence shall continue; (c)  If pay-only probation is subsequently converted to a sentence that requires community service, on petition by a probation officer or private probation officer and with the probationer having an opportunity for a hearing, the court may reinstate probation supervision fees as necessary to monitor the probationer's compliance with community service obligations; (d)  When a defendant is serving pay-only probation, upon motion by the defendant, the court may discharge such defendant from further supervision or otherwise terminate probation when it is satisfied that its action would be in the best interest of justice and the welfare of society.

Increased fine All Yes
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Georgia Ga. Code Ann. § 40-6-189(a)-(c) Classification as Super Speeder; Fees

(a)  As used in this Code section, the term "department" means the Department of Driver Services;  (b)  In addition to any other fines or penalties imposed by any local jurisdiction or the

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department, the department shall administer and collect a fee of $200.00 from any driver who is convicted of driving at a speed of 85 miles per hour or more on any road or highway or 75 miles per hour or more on any two-lane road or highway, as defined in Code Section 40-6-187. Such a driver, upon conviction, shall be classified as a "super speeder;"  (c)  The department shall notify offenders of the imposition of a fee under this Code section within 30 days after receipt of a qualifying ticket and notice of conviction. Failure to pay the fee imposed by this Code section within 90 days after receipt of the notice shall result in the suspension of the driver's license or driving privileges of the offender, and, in addition to the existing fees and penalties, a fee of $50.00 shall be assessed, payable upon the application for reinstatement of the driver's license or driving privileges. Notice shall be provided by the department to the offender by first-class mail to the address shown on the records of the department. Such mailed notice shall be adequate notification of the fee imposed by this Code section and of the offender's ability to avoid a driver's license suspension by paying the fee prior to the effective date of the suspension. No other notice shall be required to make the driver's license suspension effective.

Driver's license suspension/impoundment, Increased fine Traffic Yes
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Georgia Ga. Code Ann. § 42-8-34(e)(3)(A)(iii);(e)(3)(B) Sentencing Hearings and Determinations; Presentence Investigations; Payment of Fees, Fines, and Costs; Post-Conviction, Presentence Bond; Continuing Jurisdiction; Transferal of Probation Supervision

(iii)  "Significant financial hardship" means a reasonable probability that an individual will be unable to satisfy his or her financial obligations for two or more consecutive months;  (B)  The court shall waive,

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modify, or convert fines, statutory surcharges, probation supervision fees, and any other moneys assessed by the court or a provider of probation services upon a determination by the court prior to or subsequent to sentencing that a defendant has a significant financial hardship or inability to pay or that there are any other extenuating factors which prohibit payment or collection; provided, however, that the imposition of sanctions for failure to pay such sums shall be within the discretion of the court through judicial process or hearings.

All No
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Georgia Ga. Code Ann. § 42-8-34.2(a) Delinquency of Defendant in Payment of Fines, Costs, or Restitution or Reparation; Costs of Garnishment

In the event that a defendant is delinquent in the payment of fines, costs, or restitution or reparation, as was ordered by the court as a condition of probation, the

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defendant's officer shall be authorized, but shall not be required, to execute a sworn affidavit wherein the amount of arrearage is set out. In addition, the affidavit shall contain a succinct statement as to what efforts DCS has made in trying to collect the delinquent amount. The affidavit shall then be submitted to the sentencing court for approval. Upon signature and approval of the court, such arrearage shall then be collectable through issuance of a writ of fieri facias by the clerk of the sentencing court; and DCS may enforce such collection through any judicial or other process or procedure which may be used by the holder of a writ of execution arising from a civil action.

Civil judgment All No
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Georgia Ga. Code Ann. § 15-9-62(a) Issuance of Writ of Fieri Facias for Fees; Defenses

Whenever any costs are due the judge of the probate court by executors, administrators, or guardians, upon failure to pay the same on demand made, he is empowered to issue

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a writ of fieri facias at any regular term of court against the executors, administrators, or guardians for the amount due for costs at the time of the demand.

Civil judgment All No
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Georgia Ga. Code Ann. § 17-6-1.1(1);(2) Electronic Pretrial Release and Monitoring Program for Defendants; Requirements; Procedures; Fees

(1)  As an additional condition of electronic pretrial release and monitoring, a defendant authorized to participate in such program by the court shall pay a reasonable, nonrefundable fee for program enrollment,

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equipment use, and monitoring to the provider of such program. If a bonding company, bonding agent, or probation service provider is the provider, the fees earned in the capacity of being such a provider shall be in addition to the fees allowed in Code Sections 17-6-30, 42-8-34, and 42-8-102; (2)  The fees connected with the electronic pretrial release and monitoring program shall be timely paid by a defendant as a condition of his or her ongoing participation in the electronic pretrial release and monitoring program in accordance with the terms for such programs as approved by the court. Failure to make timely payments shall constitute a violation of the terms of the electronic pretrial release and monitoring program and shall result in the defendant's immediate return to custody.

Incarceration All No
Ability to Pay
State Statute Description/Statute Name Statutory language Level of offense Definition of ability to pay Timeline Burden of proof Method of determination Mandatory Remedies if unable to pay
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Georgia Ga. Code Ann. § 17-12-51 Repayment of Attorney's Fees as a Condition of Probation

(a)  When a defendant who is represented by a public defender, who is paid in part or in whole by a county, enters a plea of nolo contendere, first offender, or

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guilty or is otherwise convicted, the court may impose as a condition of probation repayment of all or a portion of the cost for providing legal representation and other expenses of the defense if the payment does not impose a financial hardship upon the defendant or the defendant's dependent or dependents. The defendant shall make the payment through the community supervision officer to the county; (b)  When a defendant who is represented by a public defender, who is paid in part or in whole by a municipality, enters a plea of nolo contendere, first offender, or guilty or is otherwise convicted, the court may impose as a condition of probation repayment of all or a portion of the cost for providing legal representation and other expenses of the defense if the payment does not impose a financial hardship upon the defendant or the defendant's dependent or dependents. The defendant shall make the payment through the community supervision officer to the municipality; (c)  If a defendant who is represented by a public defender, who is paid for entirely by the state, enters a plea of nolo contendere, first offender, or guilty or is otherwise convicted, the court may impose as a condition of probation repayment of all or a portion of the cost for providing legal representation and other costs of the defense if the payment does not impose a financial hardship upon such defendant or such defendant's dependent or dependents. Such defendant shall make such payment through the community supervision officer to the Georgia Public Defender Council for payment to the general fund of the state treasury; (d)  In determining whether or not a payment imposed under this Code section imposes a financial hardship upon a defendant or defendant's dependent or dependents and in determining the amount of the payment to impose, the court shall consider the factors set forth in Code Section 17-14-10. The public defender may provide the court with an estimate of the cost for providing to the defendant the legal representation and other expenses of the defense. If requested by the defendant, the court shall hold a hearing to determine the amount to be paid; (e)  This Code section shall not apply to a disposition involving a child pursuant to Chapter 11 of Title 15, relating to juvenile proceedings.

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"Payment does not impose a financial hardship upon the defendant or the defendant's dependent or dependents;" Definition of "impose financial hardship found in Ga. Code Ann. § 17-14-10.

Not provided for Not provided for Not provided for No Not provided for
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Georgia Ga. Code Ann. § 17-14-5(e) 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

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

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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.

All

"Is or will be unable to pay all of the restitution ordered."

Before imposition of fine or fee Not provided for Determined by judge after hearing Yes

Requiring the juvenile's parent or parents to pay if they are found to be aware of an negligent or reckless in preventing their juvenile's propensity to commit such acts.

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Georgia Ga. Code Ann. § 15-10-82 Hearing Fee on Application for Search or Arrest Warrant or Deposit Account Fraud Citation; No Fee Assessed Against Certain Alleged Victims

For hearing an application for an arrest or search warrant or deposit account fraud citation, the fee charged shall not exceed $20.00, but this fee may be waived by the issuing magistrate if he

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or she finds that because of the financial circumstances of the party applying for the warrant or citation or for other reasons this fee should not be charged in justice, provided that no fee shall be assessed against the alleged victim of a violation of Code Section 16-5-90, 16-5-91, 16-6-1, 16-6-2, 16-6-3, 16-6-4, 16-6-5.1, 16-6-22.1, or 16-6-22.2 or against the alleged victim of any domestic violence offense for costs associated with the filing of criminal charges against the stalking offender, sexual offender, or domestic violence offender or for the issuance or service of a warrant, protective order, or witness subpoena arising from the incident of stalking, sexual assault, or domestic violence.

All

"Because of the financial circumstances of the party applying for the warrant or citation or for other reasons this fee should not be charged in justice."

Before imposition of fine or fee Not provided for Not provided for Yes

The court may waive the fee.

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Georgia Ga. Code Ann. § 42-8-102(e) Probation and Supervision; Determination of Fees, Fines, and Restitution; Converting Moneys Owed to Community Service or Educational Advancement; Continuing Jurisdiction; Revocation; Transfer

(1) As used in this subsection, the term: (A)  "Developmental disability" shall have the same meaning as set forth in Code Section 37-1-1. (B)  "Indigent" means an individual who earns less than 100

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percent of the federal poverty guidelines unless there is evidence that the individual has other resources that might reasonably be used without undue hardship for such individual or his or her dependents. (C)  "Significant financial hardship" means a reasonable probability that an individual will be unable to satisfy his or her financial obligations for two or more consecutive months. (D)  "Totally and permanently disabled" shall have the same meaning as set forth in Code Section 49-4-80;  (2)  The court shall waive, modify, or convert fines, statutory surcharges, probation supervision fees, and any other moneys assessed by the court or a provider of probation services upon a determination by the court prior to or subsequent to sentencing that a defendant has a significant financial hardship or inability to pay or that there are any other extenuating factors which prohibit payment or collection; provided, however, that the imposition of sanctions for failure to pay such sums shall be within the discretion of the court through judicial process or hearings; (3)  Unless rebutted by a preponderance of the evidence that a defendant will be able to satisfy his or her financial obligations without undue hardship to the defendant or his or her dependents, a defendant shall be presumed to have a significant financial hardship if he or she: (A)  Has a developmental disability; (B)  Is totally and permanently disabled; (C)  Is indigent; or (D)  Has been released from confinement within the preceding 12 months and was incarcerated for more than 30 days before his or her release.

All

"'Indigent; means an individual who earns less than 100 percent of the federal poverty guidelines unless there is evidence that the individual has other resources that might reasonably be used without

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undue hardship for such individual or his or her dependents;  'Significant financial hardship' means a reasonable probability that an individual will be unable to satisfy his or her financial obligations for two or more consecutive months."

Before imposition of fine or fee Not provided for Determined by judge after hearing Yes

The court must either reduce the fine, fee or surcharge to an amount the defendant can pay, or convert it to community service.

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Georgia Ga. Code Ann. § 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

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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.

All Not provided for At enforcement of fine or fee Not provided for Other Yes Not provided for
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Georgia Ga. Code. Ann. § 15-21-10 Procedure for Filing and Payment of Claims of Officers of Court When Indictment Found Not True, Defendant Acquitted, or Persons Unable to Pay

In cases where a bill of indictment is preferred and not found true by the grand jury, where a defendant is acquitted by a jury, or where persons liable by

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law for the payment of costs are unable to pay the same, the officers severally entitled to such costs may present an account therefor to the judge of the court in which the prosecutions were pending, which, after being examined and allowed by him, he shall order to be paid in the manner prescribed by law. The account and order shall be entered on the minutes of the court.

All Not provided for At enforcement of fine or fee Not provided for Determined by judge after hearing No

"The officers severally entitled to such costs may present an account therefor to the judge of the court in which the prosecutions were pending, which, after being examined and allowed

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by him, he shall order to be paid in the manner prescribed by law."

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Georgia Ga. Code Ann. § 17-10-1(d) Fixing of Sentence; Suspension or Probation of Sentence; Change in Sentence; Eligibility for Parole; Prohibited Modifications; Exceptions

(1) As used in this subsection, the term: (A)  "Developmental disability" shall have the same meaning as set forth in Code Section 37-1-1. (B)  "Indigent" means an individual who earns less than 100

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percent of the federal poverty guidelines unless there is evidence that the individual has other resources that might reasonably be used without undue hardship for such individual or his or her dependents. (C)  "Significant financial hardship" means a reasonable probability that an individual will be unable to satisfy his or her financial obligations for two or more consecutive months. (D)  "Totally and permanently disabled" shall have the same meaning as set forth in Code Section 49-4-80;  (2)  In determining the financial obligations, other than restitution, to impose on the defendant, the court shall consider: (A)  The defendant's financial resources and other assets, including whether any such assets are jointly controlled; (B)  The defendant's earnings and other income; (C)  The defendant's financial obligations, including obligations to dependents; (D)  The period of time during which the probation order will be in effect; (E)  The goal of the punishment being imposed; and (F)  Any other factor the court deems appropriate;  (3)  In any case involving a violation of local ordinance, misdemeanor, or felony in which the defendant has been punished in whole or in part by a fine, the court shall be authorized to allow the defendant to satisfy such fine or any fee imposed in connection with probation supervision through community service as set forth in Article 3 of Chapter 3 of Title 42. One hour of community service shall equal the dollar amount of one hour of paid labor at the minimum wage under the federal Fair Labor Standards Act of 1938, in effect on January 1, 2018, unless otherwise specified by the court. A defendant shall be required to serve the number of hours in community service which equals the number derived by dividing the amount owed by the defendant, including moneys assessed by a provider of probation services, by the federal minimum hourly wage or by the amount specified by the court. If the court orders educational advancement, the court shall determine the numbers of hours required to be completed. Prior to or subsequent to sentencing, a defendant, or subsequent to sentencing, a community supervision officer, may request that the court make all or any portion of the amount owed by the defendant be satisfied under this subsection;  (4)  At the time of sentencing, the court may waive the imposition of a fine, exclusive of the payment of statutory surcharges, upon a determination that a defendant has a significant financial hardship or inability to pay or other extenuating factors exist that prohibit payment or collection of such fine. When determining significant financial hardship, the court may consider whether the defendant is indigent and whether the defendant or his or her dependents has a developmental disability or is totally and permanently disabled. If the court waives the imposition of a fine under this paragraph, it shall instead impose a theoretical fine and the defendant shall be required to pay the statutory surcharges associated therewith.

All

"'Indigent' means an individual who earns less than 100 percent of the federal poverty guidelines unless there is evidence that the individual has other resources that might reasonably be used without

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undue hardship for such individual or his or her dependents. 'Significant financial hardship' means a reasonable probability that an individual will be unable to satisfy his or her financial obligations for two or more consecutive months."

Before imposition of fine or fee Not provided for Determined by judge after hearing No Not provided for
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Georgia Ga. Code Ann. § 15-21A-6(a);(c) Additional Filing Fees; Application Fee For Indigent Defense Services; Remittance of Funds

(a)  In addition to all other legal costs, there shall be charged to the filing party and collected by the clerk an additional filing fee of $15.00 in each civil action

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or case filed in the superior, state, recorder's, mayor's, and magistrate courts except that municipalities, counties, and political subdivisions shall be exempt from such fee. Without limiting the generality of the foregoing, such fee shall apply to all adoptions, certiorari, trade name registrations, applications for change of name, and all other proceedings of a civil nature. Any matter which is docketed upon the official dockets of the enumerated courts and to which a number is assigned shall be subject to such fee, whether such matter is contested or not;  (c)  Any person who applies for or receives legal defense services under Chapter 12 of Title 17 shall pay the entity providing such services a single fee of $50.00 for the application for, receipt of, or application for and receipt of such services. The application fee shall not be imposed if the payment of the fee is waived by the court. The court shall waive the fee if it finds that the applicant is unable to pay the fee or that measurable hardship will result if the fee is charged. If the application fee required by this subsection has not been paid prior to the time the defendant is sentenced, the court shall impose such fee as a condition of probation.

All

"Unable to pay the fee or that measurable hardship will result if the fee is charged."

Before imposition of fine or fee Not provided for Determined by judge after hearing No

"The application fee shall not be imposed if the payment of the fee is waived by the court."

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Georgia Ga. Code Ann. § 42-8-34(e)(1) Sentencing Hearings and Determinations; Presentence Investigations; Payment of Fees, Fines, and Costs; Post-Conviction, Presentence Bond; Continuing Jurisdiction; Transferal of Probation Supervision

The court may, in its discretion, require the payment of a fine, fees, or restitution as a condition of probation. Chapter 14 of Title 17 shall control when determining the

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amount of restitution. When probation supervision is required, the court may require the payment of a probation supervision fee as a condition of probation. In determining the financial obligations, other than restitution, to impose on the defendant, the court may consider: (A)  The defendant's financial resources and other assets, including whether any such asset is jointly controlled; (B)  The defendant's earnings and other income; (C)  The defendant's financial obligations, including obligations to dependents; (D)  The period of time during which the probation order will be in effect; (E)  The goal of the punishment being imposed; and (F)  Any other factor the court deems appropriate.

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"The court may consider: (A)  The defendant's financial resources and other assets, including whether any such asset is jointly controlled; (B)  The defendant's earnings and other income; (C)  The defendant's financial obligations, including

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obligations to dependents; (D)  The period of time during which the probation order will be in effect; (E)  The goal of the punishment being imposed; and (F)  Any other factor the court deems appropriate."

Before imposition of fine or fee Not provided for Determined by judge after hearing No Not provided for
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Georgia Ga. Code. Ann. § 42-8-102(c) Probation and Supervision; Determination of Fees, Fines, and Restitution; Converting Moneys Owed to Community Service or Educational Advancement; Continuing Jurisdiction; Revocation; Transfer

The court may, in its discretion, require the payment of a fine, fees, or restitution as a condition of probation. The provisions of Chapter 14 of Title 17 shall control

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in determining the amount of restitution. When probation supervision is required, the court may require the payment of a probation supervision fee as a condition of probation. In determining the financial obligations, other than restitution, to impose on the defendant, the court may consider: (1)  The defendant's financial resources and other assets, including whether any such asset is jointly controlled; (2)  The defendant's earnings and other income; (3)  The defendant's financial obligations, including obligations to dependents; (4)  The period of time during which the probation order will be in effect; (5)  The goal of the punishment being imposed; and (6)  Any other factor the court deems appropriate.(d)  The court may convert fines, statutory surcharges, and probation supervision fees to community service or educational advancement on the same basis as it allows a defendant to pay a fine through community service or educational advancement as set forth in subsection (d) of Code Section 17-10-1.

Misdemeanor

"The court may consider: (1)  The defendant's financial resources and other assets, including whether any such asset is jointly controlled; (2)  The defendant's earnings and other income; (3)  The defendant's financial obligations, including

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obligations to dependents; (4)  The period of time during which the probation order will be in effect; (5)  The goal of the punishment being imposed; and (6)  Any other factor the court deems appropriate."

At enforcement of fine or fee Not provided for Determined by judge after hearing No

Community Service or Educational Advancement.

Transparency
State Statute Description/Statute Name Statutory language Type of obligation Actor
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Georgia Ga. Code Ann. § 15-21-7 Report by County Treasurer to Grand Jury as to Fines and Bond Forfeitures Received and Disbursed; Compensation of Treasurer; Effect of Code Section Upon Local Laws

(a)  The county treasurer shall report to the grand jury the amounts of fines and bond forfeitures received by him and to whom disbursed for the period of six months preceding

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the report and shall receive as his compensation 2 1/2 percent on the amounts paid out by him;  (b)  Nothing in subsection (a) of this Code section shall affect the distribution of funds arising from fines and bond forfeitures or the compensation of county treasurers as regulated by any local law.

Obligation to report/conduct analysis County
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Georgia Ga. Code Ann. § 15-1-10 Removal of Court Records; Storage

(a)  No records or papers of any court shall be removed out of the county, except in cases of invasion whereby the same may be endangered, by order of the court,

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or as otherwise provided in this Code section;  (b)  Notwithstanding any other provision of this Code section, such records may be stored in accordance with the provisions of subsection (b) of Code Section 15-6-86 or subsection (c) of this Code section;  (c)  With the prior written consent of the governing authority of the county or municipality and the prior written consent of the chief judge, judge of the probate court, or chief magistrate of the affected court, the clerk of each superior court, state court, probate court, magistrate court, juvenile court, or municipal court in this state is authorized, but not required, to create and maintain digital copies of records, pleadings, orders, writs, process, and other documents submitted to or issued by the court in criminal, quasi-criminal, juvenile, or civil proceedings or in any proceedings involving the enforcement of ordinances of local governments. All digital copies created pursuant to this subsection shall be accurate copies of the original documents and shall be stored and indexed in such manner as to be readily retrievable in the office of the clerk during normal business hours. It shall be the duty of the clerk to provide and maintain software and computers, readers, printers, and other necessary equipment in sufficient numbers to permit the retrieval, duplication, and printing of such digitally stored documents in a timely fashion when copies are requested. A copy of such digitally stored document retrieved by the clerk shall be admissible in all courts in the same manner as the original document. If a backup copy is created pursuant to the process prescribed by subsections (b) and (c) of Code Section 15-6-62, the clerk is authorized to destroy the original document. This subsection shall not apply to documents or records which have been ordered sealed by the court nor to documents which are placed in evidence in a proceeding. The costs of creating and storing digital copies of documents and providing the necessary software and equipment to retrieve and reproduce such documents shall be paid from funds available for the operation of the court. The provisions of this subsection shall constitute an additional and alternative method of records management and shall not supersede or repeal Code Section 15-6-62, 15-6-62.1, 15-6-86, or 15-6-87.

Obligation to collect or record All courts
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Georgia Ga. Code Ann. § 15-13-31 Receipt For Fees To Be Given; Penalty

Every public official mentioned in Code Section 15-13-30, his deputy, or his agent shall, when required, give a statement of the fees demanded and a receipt for the same to

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any person paying any lawful or pretended fees of office, on pain of forfeiting $10.00 for every such neglect or refusal, to be demanded in court within 12 months and recovered by the person paying the fees and making the demand.

Obligation to respond to public records requests All
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Georgia Ga. Code Ann. § 15-21-57 Effect of Article Upon Duty of Prosecuting Officers and County Treasurers Relating to Accounting For Fines and Bond Forfeitures

Nothing in this article shall affect the duty of the prosecuting officer of any court or the treasurer of any county to account for fines and bond forfeitures to the

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parties legally entitled as provided by law (but subject to the limitations and alterations provided in this article), including paying to counties and their proper officers all parts of the fund to which the prosecuting officer, clerk of court, sheriff, or other officer would be entitled where, under the law, the funds are paid over to the county and its proper officer because the prosecuting officer, clerk of court, sheriff, or other officer is on a salary basis.

Obligation to collect or record All courts, County
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Georgia Ga. Code Ann. § 15-21-74 Assessment and Collection of Penalties; Transfer of Payments to Georgia Superior Court Clerks' Cooperative Authority; Quarterly Accounting

The sums provided for under paragraph (1) of subsection (a) of Code Section 15-21-73 shall be assessed and collected by the court officer charged with the duty of collecting moneys arising from

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fines and shall be paid over to the Georgia Superior Court Clerks' Cooperative Authority by the last day of the month there following, to be deposited by the authority into the general treasury. The sums provided for under paragraph (2) of subsection (a) of Code Section 15-21-73 shall be assessed and collected by the court officer charged with the duty of collecting moneys arising from forfeited bonds and shall be paid over to the Georgia Superior Court Clerks' Cooperative Authority by the last day of the month there following for remittance to the Office of the State Treasurer; provided, however, that if the local governing authority has an approved procedure to verify the applicant's income as set forth in Code Section 17-12-80, the court officer shall remit 50 percent of such funds to the Georgia Superior Court Clerks' Cooperative Authority, and the remaining 50 percent shall be remitted to the local governing authority and reported to the Georgia Superior Court Clerks' Cooperative Authority. The authority shall, on a quarterly basis, make a report and accounting of all funds collected and disbursed pursuant to this article and shall submit such report and accounting to the Office of Planning and Budget, the House Budget and Research Office, and the Senate Budget and Evaluation Office no later than 60 days after the last day of the preceding quarter.

Obligation to report/conduct analysis State/statewide agency
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Georgia Ga. Code Ann. § 15-21-181 Report of Funds Received From Additional Penalties; Annual Reporting Requirement; Funds Made Available to Driver's Education Commission

(a)  As soon as practicable after the end of each fiscal year, the Office of the State Treasurer shall report the amount of funds received pursuant to Code Section 15-21-179 to the Office

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of Planning and Budget and the commission. It is the intent of the General Assembly that, subject to appropriation, an amount equal to such proceeds received from such fines in any fiscal year shall be made available during the following fiscal year to the commission for the purposes set forth in Code Section 15-21-178;  (b)  Not later than October 1 of each year, the commission shall provide a report to the Governor, the President of the Senate, and the Speaker of the House of Representatives, as well as the committee chairpersons for the standing committees in the Senate and the House of Representatives that are assigned issues related to motor vehicles. The report shall include the amount of funds collected from the additional penalty imposed under this article for the previous three fiscal years, the amount of such funds appropriated to the commission for each such corresponding year, and the manner and purposes for which such funds have been expended.

Obligation to report/conduct analysis State/statewide agency
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Georgia Ga. Code Ann. § 42-8-108 Quarterly Report to Judge and Council; Records to Be Open For Inspection

(a)  Any private corporation, private enterprise, or private agency contracting to provide probation services or any county, municipality, or consolidated government entering into an agreement under the provisions of this article

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shall provide to the judge who consented to such contract or agreement and DCS a quarterly report summarizing the number of offenders under supervision; the amount of fines, statutory surcharges, and restitution collected; the amount of fees collected and the nature of such fees, including probation supervision fees, rehabilitation programming fees, electronic monitoring fees, drug or alcohol detection device fees, substance abuse or mental health evaluation or treatment fees if such services are provided directly or otherwise to the extent such fees are known, and drug testing fees; the number of community service hours performed by probationers under supervision; a listing of any other service for which a probationer was required to pay to attend; the number of offenders for whom supervision or rehabilitation has been terminated and the reason for the termination; and the number of warrants issued during the quarter, in such detail as DCS may require. Information reported pursuant to this subsection shall be annually submitted to the governing authority that entered into such contract and thereafter be subject to disclosure pursuant to Article 4 of Chapter 18 of Title 50. Local governments are encouraged to post electronic copies of the annual report on the local government's website, if such website exists;  (b)  All records of any private corporation, private enterprise, or private agency contracting to provide services or of any county, municipality, or consolidated government entering into an agreement under the provisions of this article shall be open to inspection upon the request of the affected county, municipality, consolidated government, court, the Department of Audits and Accounts, an auditor appointed by the affected county, municipality, or consolidated government, the Department of Corrections, DCS, the State Board of Pardons and Paroles, or the board.

Obligation to report/conduct analysis, Obligation to respond to public records requests Private actors
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Georgia Ga. Code Ann. § 47-11-51(a);(b) Payment to Fund of a Portion of Criminal and Quasi-Criminal Fines and Forfeited Bonds; Duty to Record and Report Collection; Penalties

(a)  In every criminal and quasi-criminal case for violating state statutes or traffic laws which is before a judge of the probate court and in which case a fine is collected

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or a bond is forfeited, $3.00 shall be collected by the judge, clerk of court, or other collecting authority. Such bond or fine shall be construed to include costs;  (b)  The sum provided for shall be paid to the board before the payment of any cost or any claims whatsoever against such fine or forfeiture. It is made the duty of the judge of the probate court or other authority collecting the money to keep accurate records of the amount due the board so that the same may be audited or inspected at any time by any representative of the board at the direction of the board. Sums remitted to the board under this Code section shall be used as provided for elsewhere in this chapter.

Obligation to collect or record State courts
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Georgia Ga. Code Ann. § 15-21-74 Assessment and Collection of Penalties; Transfer of Payments to Georgia Superior Court Clerks' Cooperative Authority; Quarterly Accounting

The sums provided for under paragraph (1) of subsection (a) of Code Section 15-21-73 shall be assessed and collected by the court officer charged with the duty of collecting moneys arising from

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fines and shall be paid over to the Georgia Superior Court Clerks' Cooperative Authority by the last day of the month there following, to be deposited by the authority into the general treasury. The sums provided for under paragraph (2) of subsection (a) of Code Section 15-21-73 shall be assessed and collected by the court officer charged with the duty of collecting moneys arising from forfeited bonds and shall be paid over to the Georgia Superior Court Clerks' Cooperative Authority by the last day of the month there following for remittance to the Office of the State Treasurer; provided, however, that if the local governing authority has an approved procedure to verify the applicant's income as set forth in Code Section 17-12-80, the court officer shall remit 50 percent of such funds to the Georgia Superior Court Clerks' Cooperative Authority, and the remaining 50 percent shall be remitted to the local governing authority and reported to the Georgia Superior Court Clerks' Cooperative Authority. The authority shall, on a quarterly basis, make a report and accounting of all funds collected and disbursed pursuant to this article and shall submit such report and accounting to the Office of Planning and Budget, the House Budget and Research Office, and the Senate Budget and Evaluation Office no later than 60 days after the last day of the preceding quarter.

Obligation to collect or record, Obligation to report/conduct analysis State/statewide agency
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Georgia Ga. Code Ann. § 47-16-60(a) Payments to Fund from Fines and Bonds Collected in Criminal and Quasi-Criminal Cases; Duty of Collecting Authority to Record and Remit; Penalty for Late Payment

The sum of $2.00 shall be allocated to the board from each fine collected and each bond forfeited and collected in any criminal or quasi-criminal case for violation of state

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law, including traffic laws, which case is before any court of this state in which a sheriff of a superior court or a duly authorized deputy of such sheriff acts as sheriff to such court by virtue of his office, provided that such fine or bond, which shall be construed to include costs, is at least $5.00. The clerk or other collecting authority for the court in which the fine or bond is collected shall pay such amounts to the secretary-treasurer each quarter or at such other times as the board may provide. These sums shall be paid to the secretary-treasurer before the payment of any costs or any claim whatsoever against such fine or forfeiture, provided that this shall not be construed to repeal any existing priorities established under the laws of this state. It shall be the duty of the clerk or other collecting authority for each court to keep accurate records of the amounts due to the board and to remit the amounts due promptly. Such records may be audited by the board at any time. The sums remitted to the board under this Code section shall be used only for the purposes provided for in this chapter.

Obligation to collect or record Clerk
Collections Infrastructure
State Statute Description/Statute Name Statutory language Who may collect
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Georgia Ga. Code Ann. § 40-2-113 Collection of Taxes and Fees; Rules and Regulations

The commissioner shall collect the taxes and fees imposed by this article and he is authorized to make such rules and regulations and prescribe such forms as are necessary to

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carry out this article.

State/statewide agency
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Georgia Ga. Code Ann. § 15-21-12 Contract for Collection of Moneys Owed Court

For the purpose of collecting any moneys owed to a court pursuant to a judgment and with the recommendation of such court, a local governing authority may contract with any

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person doing business within or outside this state for the collection of moneys owed to such court; provided, however, that a local governing authority shall not enter into such contract for the collection of moneys owed as a result of a court order sentencing a defendant to a probationary sentence or placing a defendant under probationary supervision solely because such defendant is unable to pay the court imposed fines and statutory surcharges when such defendant's sentence is imposed.

Private actors
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Georgia Ga. Code Ann. § 15-21-92 Adoption of County Resolution Required; Contracts Between County and Municipality After January 1, 1990

The additional penalties provided for in Code Section 15-21-93 shall not be imposed or collected in any court in any county until the governing authority of the county or counties adopts a

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resolution placing this article in effect, requiring the imposition and collection of such additional penalties, and agreeing to expend the funds collected for the purposes provided for in this article. The additional penalties provided for in Code Section 15-21-93 shall not be imposed or collected in any municipal court or other court operated by a municipality unless the municipality and county enter into an intergovernmental contract after January 1, 1990, providing for use of the county jail, correctional institution, or detention facility by municipal prisoners.

All courts
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Georgia Ga. Code Ann. § 15-6-98(a) Collection and Remittal of Fees

The clerk of the superior court of each county of this state shall collect for each court in which he or she serves as clerk the fees provided for in

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this chapter.

Clerk
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Georgia Ga. Code Ann. § 15-21A-3 Georgia Superior Court Clerks' Cooperative Authority as Custodial Trustee

(a)  As used in this Code section the term "court" means all trial courts within this state including, but not limited to, superior, juvenile, state, magistrate, probate, municipal, and special courts,

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whether called mayor's courts, recorder's courts, police courts, civil courts, traffic courts, or miscellaneous courts or any other trial court created in this state under any other name;  (b)  The authority shall act as collecting and remitting agent with respect to the costs, fees, and surcharges for certain costs, fees, or surcharges by any clerk of court or other officer or agent of any court. The authority in performing this function shall receive and disburse such funds only in the capacity of a custodial trustee, and such funds shall not in the process of receipt and disbursement become funds of the authority. The costs, fees, and surcharges subject to this Code section are: (1)  The additional divorce case filing fee under Code Section 15-6-77.4 and the additional marriage license fee under Code Section 15-9-60.1; (2)  The surcharge on fines and bonds imposed for the training of law enforcement and prosecutorial officers and for indigent defense purposes under Code Section 15-21-73; (3)  The additional penalties imposed in cases of driving under the influence for purposes of state crime victims compensation under Code Section 15-21-112; (4)  The additional penalties imposed in cases of driving under the influence for purposes of the Brain and Spinal Injury Trust Fund under Code Section 15-21-149; (5)  Fees collected by the courts under Code Section 42-8-34; and (6)  Local victim assistance funds collected pursuant to Article 8 of Chapter 21 of this title.

State/statewide agency
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Georgia Ga. Code Ann. § 15-2-43(9) Duties of Clerk

The clerk of the Supreme Court shall have the following duties: (9) To collect all costs due on cases in the Supreme Court and to pay over to the Office

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of the State Treasurer all money arising from costs collected

Clerk
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Georgia Ga. Code Ann. § 42-8-31 Collection and Disbursement of Funds by Officers; Record-Keeping; Bank Accounts

No officer shall collect or disburse any funds whatsoever, except by written order of the court; and it shall be the duty of the officer to transmit a copy of such order

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to DCS not later than 15 days after it has been issued by the court. Every officer who collects or disburses any funds whatsoever shall faithfully keep the records of accounts as are required by DCS, which records shall be subject to inspection by DCS at any time. In every instance when a bank account is required, it shall be kept in the name of the Department of Community Supervision.

Law enforcement
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Georgia Ga. Code Ann. § 42-9-21(c) Supervision of Persons Placed on Parole or Other Conditional Release; Contracts for Services and Programs; Collection of Sums for Restitution

In all cases where restitution is applicable, the department shall collect during the parole period those sums determined to be owed to the victim.

State/statewide agency
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Georgia Ga. Code Ann. § 15-21-180(a) Disposition of Funds from Additional Penalties

The sums provided for in Code Section 15-21-179 shall be assessed and collected by the clerk or other court officer charged with the duty of collecting moneys from fines and shall be

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paid over by the last day of the following month to the Georgia Superior Court Clerks' Cooperative Authority for remittance to the Office of the State Treasurer to be deposited into the general fund of the state treasury.

Clerk
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Georgia Ga. Code Ann. § 47-14-50(a) "Collecting Authority" Defined; Payments to Fund from Fines and Bonds Collected in Criminal and Quasi-Criminal Cases; Duty of Collecting Authority to Record and Remit; Penalty for Late Payment

As used in this Code section, the term "collecting authority" means, without limitation, any county or state officer, including any judicial officer or employee, or any other person representing or

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acting on behalf of any court, the state, or a political subdivision of the state who in his or her capacity collects or receives fines or forfeitures as provided in this Code section.

Courts
Revenue Flow
State Statute Description/Statute Name Statutory language Who receives the funding Other beneficiaries Level of offense
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Georgia Ga. Code Ann. § 17-12-51(a)-(c) Repayment of Attorney's Fees as Condition of Probation

(a)  When a defendant who is represented by a public defender, who is paid in part or in whole by a county, enters a plea of nolo contendere, first offender, or

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guilty or is otherwise convicted, the court may impose as a condition of probation repayment of all or a portion of the cost for providing legal representation and other expenses of the defense if the payment does not impose a financial hardship upon the defendant or the defendant's dependent or dependents. The defendant shall make the payment through the community supervision officer to the county; (b)  When a defendant who is represented by a public defender, who is paid in part or in whole by a municipality, enters a plea of nolo contendere, first offender, or guilty or is otherwise convicted, the court may impose as a condition of probation repayment of all or a portion of the cost for providing legal representation and other expenses of the defense if the payment does not impose a financial hardship upon the defendant or the defendant's dependent or dependents. The defendant shall make the payment through the community supervision officer to the municipality; (c)  If a defendant who is represented by a public defender, who is paid for entirely by the state, enters a plea of nolo contendere, first offender, or guilty or is otherwise convicted, the court may impose as a condition of probation repayment of all or a portion of the cost for providing legal representation and other costs of the defense if the payment does not impose a financial hardship upon such defendant or such defendant's dependent or dependents. Such defendant shall make such payment through the community supervision officer to the Georgia Public Defender Council for payment to the general fund of the state treasury.

County N/A All
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Georgia Ga. Code Ann. § 40-6-189(b);(e) Classification as Super Speeder; Fees

(b)  In addition to any other fines or penalties imposed by any local jurisdiction or the department, the department shall administer and collect a fee of $200.00 from any driver who

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is convicted of driving at a speed of 85 miles per hour or more on any road or highway or 75 miles per hour or more on any two-lane road or highway, as defined in Code Section 40-6-187. Such a driver, upon conviction, shall be classified as a "super speeder;"  (e)  All fees collected under the provisions of this Code section shall be deposited in the general fund of this state with the intent that these moneys be used to fund a trauma care system in Georgia and the direct and indirect costs associated with the administration of this Code section. The Office of the State Treasurer shall separately account for all of the moneys received under the provisions of this Code section.

State/statewide agency N/A Traffic
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Georgia Ga. Code Ann. § 15-21-93 Imposition of Additional Penalty in Fine Cases; Additional Sum Required When Posting Bail or Bond

(a) (1)  In every case in which any superior court, state court, probate court, magistrate court, municipal court, or other court in any county or municipality in which this article has been

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placed in effect as provided in Code Section 15-21-92 shall impose a fine, which shall be construed to include costs, for any offense against a criminal or traffic law of this state or any ordinance of a political subdivision thereof, there shall be imposed as an additional penalty a sum equal to 10 percent of the original fine. (2)  At the time of posting bail or bond in any case involving a violation of a criminal or traffic law of this state or ordinance of a political subdivision thereof, an additional sum equal to 10 percent of the original amount of bail or bond shall be posted. In every case in which any superior court, state court, probate court, magistrate court, municipal court, or other court shall order the forfeiture of bail or bond, the additional sum equal to 10 percent of the original bail or bond shall be paid over as provided in Code Section 15-21-94; (b)  Such sums required by subsection (a) of this Code section shall be in addition to that amount required by Code Section 47-17-60 to be paid into the Peace Officers' Annuity and Benefit Fund or Code Section 47-11-51 concerning the Judges of the Probate Courts Retirement Fund of Georgia.

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Georgia Ga. Code Ann. § 15-21-73 Penalty to be Imposed in Certain Criminal and Quasi-Criminal and Traffic Cases and Upon Violation of Bond

(a)  (1) In every case in which any state court, probate court, juvenile court, police, recorder's, or mayor's court, municipal court, magistrate court, or superior court in this state shall impose

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a fine, which shall be construed to include costs, for any criminal or quasi-criminal offense against a criminal or traffic law, including civil traffic violations and violations of local criminal ordinances, of this state or political subdivision thereof, there shall be imposed as an additional penalty a sum equal to: (A)  The lesser of $50.00 or 10 percent of the original fine; plus (B)  An additional 10 percent of the original fine.(2)  At the time of posting bail or bond in any case involving a violation of a criminal or traffic law of this state or political subdivision thereof, an additional sum equal to: (A)  The lesser of $100.00 or 10 percent of the original amount of bail or bond; plus (B)  The lesser of an additional $100.00 or 10 percent of the original amount of bail or bond shall be posted. In every case in which any state court, probate court, municipal court, magistrate court, recorder's court, mayor's court, or superior court shall order the forfeiture of bail or bond, the additional amounts provided for in this paragraph shall be paid over as provided in Code Section 15-21-74;  (b)  Such sums shall be in addition to that amount required by Code Section 47-17-60 to be paid into the Peace Officers' Annuity and Benefit Fund or Code Section 47-11-51 concerning the Judges of the Probate Courts Retirement Fund of Georgia and any other amounts provided for by law.

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Georgia Ga. Code Ann. § 15-21-131 Imposition of Additional Fines

(a)  In every case in which any court of this state or any municipality or political subdivision of this state shall impose a fine, which shall be construed to include costs,

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for any criminal offense or any criminal ordinance violation, there shall be imposed as an additional penalty a sum equal to 5 percent of the original fine; (b)  Such sums shall be in addition to any amount required by Code Section 47-17-60 to be paid into the Peace Officers' Annuity and Benefit Fund and in addition to any other amounts provided for in this chapter.

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Georgia Ga Code Ann. § 36-15-9(a) Court costs to be collected

For the purpose of providing funds for those uses specified in Code Section 36-15-7, a sum not to exceed $5.00, in addition to all other legal costs, may be charged

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and collected in each action or case, either civil or criminal, including, without limiting the generality of the foregoing, all adoptions, certiorari, applications by personal representatives for leave to sell or reinvest, trade name registrations, applications for change of name, and all other proceedings of civil or criminal or quasi-criminal nature, filed in the superior, state, probate, and any other courts of record, except county recorders' courts or municipal courts. The amount of such additional costs to be charged and collected, if any, in each such case shall be fixed by the chief judge of the superior court of the circuit in which such county is located. Such additional costs shall not be charged and collected unless the chief judge first determines that a need exists for a law library in the county. The clerk of each and every such court in such counties in which such a law library is established shall collect such fees and remit the same to the treasurer of the board of trustees of the county law library of the county in which the case was brought, on the first day of each month. Where fees collected by the treasurer have been allocated for the purpose of establishing or maintaining the codification of county ordinances, the allocated amount shall in turn be remitted by the treasurer to the county governing authority for said purpose on a monthly basis or as otherwise agreed by the treasurer and the county governing authority. The county ordinance code provided for in subsection (a) of Code Section 36-15-7 shall be maintained by the county governing authority. When the costs in criminal cases are not collected, the cost provided in this Code section shall be paid from the fine and bond forfeiture fund of the court in which the case is filed, before any other disbursement or distribution of such fines or forfeitures is made.

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Georgia Ga. Code Ann. § 15-21-112 Additional Penalty for Violation of Code Section 40-6-391

(a)  In every case in which any state court; probate court; juvenile court; municipal court, whether known as mayor's, recorder's, or police court; or superior court in this state shall impose

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a fine, which shall be construed to include costs, for a violation of Code Section 40-6-391, relating to driving under the influence of alcohol or drugs, or a violation of an ordinance of a political subdivision of this state which has adopted by reference Code Section 40-6-391 pursuant to Article 14 of Chapter 6 of Title 40, there shall be imposed as an additional penalty a sum equal to the lesser of $26.00 or 11 percent of the original fine; (b)  Such sums shall be in addition to that amount required by Code Section 47-17-60 to be paid into the Peace Officers' Annuity and Benefit Fund or Code Section 47-11-51 concerning the Judges of the Probate Courts Retirement Fund of Georgia.

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Georgia Ga. Code Ann. § 15-21-100 Imposition of Additional Penalty for Certain Offenses

(a)  (1) In every case in which any court shall impose a fine, which shall be construed to include costs, for any offense prohibited by Code Section 16-13-30, 16-13-30.1, 16-13-30.2, 16-13-30.3, 16-13-30.5,

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16-13-31, 16-13-31.1, 16-13-32, 16-13-32.1, 16-13-32.2, 16-13-32.3, 16-13-32.4, 16-13-32.5, or 16-13-32.6, there shall be imposed as an additional penalty a sum equal to 50 percent of the original fine. The additional 50 percent penalty shall also be imposed in every case in which a fine is imposed for violation of: (A)  Code Section 3-3-23.1; (B)  Code Section 40-6-391; (C)  Code Section 40-6-393 or 40-6-394 if the offender was also charged with a violation of Code Section 40-6-391; or (D)  Code Section 52-7-12. (2)  If no fine is provided for in the applicable Code section, and the judge places the defendant on probation, the fine authorized by Code Section 17-10-8 shall be applicable;  (b)  The sums required by subsection (a) of this Code section shall be in addition to the amount required by Code Section 47-17-60 to be paid into the Peace Officers' Annuity and Benefit Fund or Code Section 47-11-51 concerning the Judges of the Probate Courts Retirement Fund of Georgia.

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Georgia Ga. Code Ann. § 42-8-34(d) Sentencing Hearings and Determinations; Presentence Investigations; Payment of Fees, Fines, and Costs; Post-Conviction, Presentence Bond; Continuing Jurisdiction; Transferal of Probation Supervision

(1)  In every case that a court of this state or any other state sentences a defendant to probation or any pretrial release or diversion program under the supervision of DCS,

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in addition to any fine or order of restitution imposed by the court, there shall be imposed a probation fee as a condition of probation, release, or diversion in the amount equivalent to $23.00 per each month under supervision, and in addition, a one-time fee of $50.00 if such defendant was convicted of any felony. The probation fee may be waived or amended after administrative process by DCS and approval of the court, or upon determination by the court, as to the undue hardship, inability to pay, or any other extenuating factors which prohibit collection of the fee; provided, however, that the imposition of sanctions for failure to pay fees shall be within the discretion of the court through judicial process or hearings. Probation fees shall be waived on probationers incarcerated or detained in a Department of Corrections or other confinement facility which prohibits employment for wages. All probation fees collected by DCS shall be paid into the general fund of the state treasury, except as provided in subsection (f) of Code Section 17-15-13, relating to sums to be paid into the Georgia Crime Victims Emergency Fund. Any fees collected by the court under this paragraph shall be remitted not later than the last day of the month after such fee is collected to the Georgia Superior Court Clerks' Cooperative Authority for deposit into the general fund of the state treasury;  (2)  In addition to any other provision of law, any person convicted of a violation of Code Section 40-6-391 or subsection (b) of Code Section 16-13-2 who is sentenced to probation or a suspended sentence by a municipal, magistrate, probate, recorder's, mayor's, state, or superior court shall also be required by the court to pay a one-time fee of $25.00. The clerk of court, or if there is no clerk the person designated to collect fines, fees, and forfeitures for such court, shall collect such fee and remit the same not later than the last day of the month after such fee is collected to the Georgia Superior Court Clerks' Cooperative Authority for deposit into the general fund of the state treasury;  (3)  In addition to any fine, fee, restitution, or other amount ordered, the sentencing court may also impose as a condition of probation for felony criminal defendants sentenced to a day reporting center an additional charge, not to exceed $10.00 per day for each day such defendant is required to report to a day reporting center; provided, however, that no fee shall be imposed or collected if the defendant is unemployed or has been found indigent by the sentencing court. The charges required by this paragraph shall be paid by the probationer directly to DCS. Funds collected by DCS pursuant to this subsection shall only be used by DCS in the maintenance and operation of the day reporting center program.

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Georgia Ga. Code Ann. § 15-21-208 Financial Penalty; Collection

(a)  In every case in which any court in this state shall impose a fine, which shall be construed to include costs, for trafficking a person for sexual servitude in violation

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of Code Section 16-5-46 or any violation of Code Section 16-6-10, 16-6-11, 16-6-12, 16-6-15, 16-6-16, or 16-12-100, there shall be imposed an additional penalty of $2,500.00 if the defendant was 18 years of age or older at the time of the offense;  (b)  Such sums shall be in addition to any amount required to be paid into any pension, annuity, or retirement fund under Title 47 or any other law and in addition to any other amounts provided for in this chapter;  (c)  The sums provided for in this Code section shall be assessed and collected by the clerk or court officer charged with the duty of collecting moneys arising from fines and shall be paid over by the last day of the following month to the Georgia Superior Court Clerks' Cooperative Authority for remittance to the Safe Harbor for Sexually Exploited Children Fund Commission, to be deposited into the Safe Harbor for Sexually Exploited Children Fund;  (d)  Any person whose duty it is to collect or remit the sums provided for in this Code section who intentionally refuses to collect or remit such sums shall be guilty of a misdemeanor.

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Court Rules
State Citation Description/Statute Name Language from the rule When does the rule apply?
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Georgia Ga. Unif. Super. Ct. R. 36.15 Assessment of Costs--Criminal When costs are assessed the minimum amount assessed as court costs in the disposition of any criminal offense shall be $100.00. Fines and fees
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Georgia Ga. R Unif. Mun. Ct. R. 21 Appointment of Counsel for Indigent Defendants
The municipal court shall have a procedure and forms consistent with state law in order to determine indigence and to appoint counsel to defendants who apply and qualify for appointed
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counsel. The applications shall be available though the clerk of the municipal court.
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Structure of Courts
State Statute Description/Statute Name Statutory language Court/legal body Function
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Georgia Ga. Const. Art. VI, § III, Para. I Jurisdiction of Classes of Courts of Limited Jurisdiction

The magistrate, juvenile, and state courts shall have uniform jurisdiction as provided by law. Probate courts shall have such jurisdiction as now or hereafter provided by law, without regard to

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uniformity.

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Georgia Ga. Const. Art. VI, § IV, Para. I Jurisdiction of Superior Courts

The superior courts shall have jurisdiction in all cases, except as otherwise provided in this Constitution. They shall have exclusive jurisdiction over trials in felony cases, except in the case

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of juvenile offenders as provided by law; in cases respecting title to land; and in divorce cases. They shall have concurrent jurisdiction with the state-wide business court in equity cases. A superior court by agreement of the parties may order removal of a case to the state-wide business court as provided by law. The superior courts shall have such appellate jurisdiction, either alone or by circuit or district, as may be provided by law.

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Georgia Ga. Code Ann. § 15-6-8 Jurisdiction and Powers of Superior Courts

The superior courts have authority: (1) To exercise original, exclusive, or concurrent jurisdiction, as the case may be, of all causes, both civil and criminal, granted to them by the

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Constitution and laws; (2) To exercise the powers of a court of equity; (3) To exercise appellate jurisdiction from judgments of the probate or magistrate courts as provided by law; (4) To exercise a general supervision over all inferior tribunals and to review and correct, in the manner prescribed by law, the judgments of: (A) Magistrates; (B) Municipal courts or councils; (C) Any inferior judicature; (D) Any person exercising judicial powers; and (E) Judges of the probate courts, except in cases touching the probate of wills and the granting of letters of administration, in which a jury must be impaneled; (5) To punish contempt by fines not exceeding $1,000.00, by imprisonment not exceeding 20 days, or both; and (6) To exercise such other powers, not contrary to the Constitution, as are or may be given to such courts by law.

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Georgia Ga. Const. Art. VI, § V, Para. III Jurisdiction of Court of Appeals; Decisions Binding

The Court of Appeals shall be a court of review and shall exercise appellate and certiorari jurisdiction in all cases not reserved to the Supreme Court or conferred on other

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courts by law. The decisions of the Court of Appeals insofar as not in conflict with those of the Supreme Court shall bind all courts except the Supreme Court as precedents.

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Georgia Ga. Const. Art. VI, § VI, Para. II Exclusive Appellate Jurisdiction of Supreme Court

The Supreme Court shall be a court of review and shall exercise exclusive appellate jurisdiction in the following cases: (1)  All cases involving the construction of a treaty or of the

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Constitution of the State of Georgia or of the United States and all cases in which the constitutionality of a law, ordinance, or constitutional provision has been drawn in question; and (2)  All cases of election contest.

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Georgia Ga. Const. Art. VI, § VI, Para. III General appellate jurisdiction of Supreme Court

Unless otherwise provided by law, the Supreme Court shall have appellate jurisdiction of the following classes of cases:(1) Cases involving title to land; (2) All equity cases; (3) All cases

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involving wills; (4) All habeas corpus cases; (5) All cases involving extraordinary remedies; (6) All divorce and alimony cases; (7) All cases certified to it by the Court of Appeals; and (8) All cases in which a sentence of death was imposed or could be imposed. Review of all cases shall be as provided by law.

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Georgia Ga. Const. Art. VI, § VI, Para. IV Jurisdiction Over Questions of Law From State Appellate or Federal District or Appellate Courts

The Supreme Court shall have jurisdiction to answer any question of law from any state appellate or federal district or appellate court.

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Georgia Ga. Const. Art. VI, § I, Para. I Judicial Power of the State

The judicial power of the state shall be vested exclusively in the following classes of courts: magistrate courts, probate courts, juvenile courts, state courts, superior courts, state-wide business court, Court

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of Appeals, and Supreme Court. Nothing in this paragraph shall preclude a superior court from creating a business court division for its circuit in a manner provided by law. Magistrate courts, probate courts, juvenile courts, and state courts shall be courts of limited jurisdiction. In addition, the General Assembly may establish or authorize the establishment of municipal courts and may authorize administrative agencies to exercise quasi-judicial powers. Municipal courts shall have jurisdiction over ordinance violations and such other jurisdiction as provided by law. Except as provided in this paragraph and in Section X, municipal courts, county recorder's courts and civil courts in existence on June 30, 1983, and administrative agencies shall not be subject to the provisions of this article. The General Assembly shall have the authority to confer "by law" jurisdiction upon municipal courts to try state offenses.

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Georgia Ga. Code Ann. § 15-3-3 Jurisdiction over Certain Crimes

Pursuant to Article VI, Section V, Paragraph III of the Constitution of this state, the Court of Appeals shall have jurisdiction of the trial and correction of errors of law in cases

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involving the crimes of armed robbery, rape, and kidnapping wherein the death penalty has not been imposed.

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Georgia Ga. Code Ann. § 15-2-8 Powers of Court Generally

The Supreme Court has authority: (1)  To exercise appellate jurisdiction, and in no appellate case to hear facts or examine witnesses; (2)  To hear and determine all cases, civil and criminal, that

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may come before it; to grant judgments of affirmance or reversal, or any other order, direction, or decree required therein; and, if necessary, to make a final disposition of a case in the manner prescribed elsewhere in this Code; (3)  To grant any writ necessary to carry out any purpose of its organization or to compel any inferior tribunal or officers thereof to obey its order; (4)  To appoint its own officers and to commission any person to execute any specific order it may make; (5)  To establish, amend, and alter its own rules of practice and to regulate the admission of attorneys to the practice of law; (6)  To punish for contempt by the infliction of a fine as high as $500.00 or imprisonment not exceeding ten days, or both; and (7)  To exercise such other powers, not contrary to the Constitution of this state, as given to it by law. This paragraph shall not be interpreted to abrogate the inherent power of the court.

Jurisdiction of the courts
Case Law
State Citation Question Brief Answer Language from the opinion When does the case apply?
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Georgia Lawson v. City of Moultrie, 194 Ga. 699 (1942) Does the state’s separation of powers doctrine limit the ability of courts to impose or collect revenue?
No, Statute authorizing counties and municipal corporations to construct revenue producing undertakings, and in anticipation of the collection of revenue therefrom to issue certificates payable solely from such revenue, does
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not violate constitutional provision limiting the powers of counties and municipalities in relation to contracting debts
neither the act nor the ordinance violates the constitutional provision above referred to. Revenue flow
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Georgia Messenger v. State, 72 S.E.2d 460 (1952) Other applicable caselaw The inhibition of the constitution against imprisonment for debt applies to any and all such imprisonment, irrespective of the period of its duration or the means whereby it is accomplished the Constitution of Georgia forbids imprisonment for debt Ability to pay
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Georgia State v. Higgins, 326 S.E.2d 728, (Ga. 1985) Other applicable caselaw invalidating an income tax law that authorized punishment solely for the nonpayment of income taxes
[A] criminal provision drawn in terms of a ‘wilful failure’ to pay tax would be an entirely different matter, as it would catch the intentional tax evader without at the
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same time ensnaring the hapless pauper.
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Georgia Johnson v. State, 707 S.E.2d 373, 374 Other applicable caselaw
Before revoking a defendant's probation based solely on the failure to pay fines, fees, or surchagres costs, the trial court is required to make a finding as to defendant's wilfulness,
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and if it concluded that defendant was not at fault, the court is required to consider other punishment alternatives.
"Although we do not interfere with a revocation of probation unless the trial court has manifestly abused its discretion, we conclude here that such an abuse occurred. In the instant
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case, the trial court made no express or written findings as to the reasons for Johnson's failure to pay or as to the inadequacy of alternative punishments. Rather, it inquired only as to Johnson's fitness to work before deciding to revoke Johnson's probation. Therefore, because the trial court made this determination without making the findings required by Bearden, it committed reversible error." Johnson v. State, 707 S.E.2d 373, 374(citing Bearden v. Georgia, 460 U.S. 660 (1983))
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Attorney General Opinions
State Citation Description/Statute Name Question Brief answer Language from the opinion When does the case apply?
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Georgia 1989 Ga. Op. Atty. Gen. 160 (Ga.A.G.), Ga. Op. Atty. Gen. No. U89-8, 1989 WL 264820 Authority to delegate power of collection of probation supervision services to private actors Which fines and/or fees may be collected by a private vendor? When it comes to probation services at least, County governments may not enter into agreements with private corporations for probation services unless authorized by legislation.
O.C.G.A. § 42–8–43 provides that those county probation systems in existence on February 8, 1956, would not be affected by the passage of the State-wide Probation Act, and further provides
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that ‘[t]he personnel of the [county] system shall continue to be appointed and employed under the same procedure as used prior to February 8, 1956, and the system shall be financed under the same method as it was financed prior to February 8, 1956.’ Based on this provision, it is my opinion that any remaining county probation systems could not be converted into a system operated by a private corporation without legislative authority; therefore, the Community Corrections Corporation's proposal could not be accepted by any county still operating a county probation system.
Fines and fees
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Georgia 1983 Ga. Op. Atty. Gen. 247 (Ga.A.G.), Ga. Op. Atty. Gen. No. U83-29, 1983 WL 41746 Fees for feeding prisoners Under what circumstances does a conflict of interest in the imposition or enforcement of court debt violate state law? In the limited context of feeding prisoners, sheriffs may not be paid fees for feeding prisoners in their custody, either directly or via a contract entered into after competitive bidding.
Finally, you suggest that such a contract might create a conflict of interest because the sheriff's legal duty to care for county prisoners would be at odds with his financial
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interest in his contract. I agree with your conclusion. To the extent that the sheriff would be responsible to supervise the performance of one contracting to feed county prisoners, this conflict of interest, standing alone, would make the sheriff ineligible to enter into such a contract. An analogous situation was addressed in Op. Att'y Gen. U83-8 (copy attached), and it was concluded that a county commission chairman could not contract to supply groceries to his county. Use of a sealed bid procedure to award the contract was found not to avoid the conflict of interest because the chairman would still be required to supervise performance under the contract. After Op. Att'y Gen. U83-8 was issued, the General Assembly acted to authorize certain transactions between political subdivisions and their officers and employees, including sales of personal property made pursuant to sealed competitive bids. O.C.G.A. § 16-10-6(a)(2)(B) (Ga. Laws 1983, pp. 1326, 1339). The new Code section does not affect your question because in my view the feeding of prisoners does not constitute the sale of personal property to the county.
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Georgia Ga. Op. Atty. Gen. No. U92-4 (Ga.A.G.), 1992 WL 478489 Georgia-Attorney General opinion Other applicable oppinions
[A] sheriff must accept into custody those individuals convicted of criminal offenses who have been sentenced to a term of incarceration, and that the sheriff may not require payment of
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a surcharge as a condition precedent to service of the sentence.
Pretermitting any discussion of the sheriff's authority to impose such a surcharge, Georgia law makes clear that the sheriff may not condition service of the sentence upon payment of the
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surcharge. The sheriff, by virtue of his office, is jailer of the county. O.C.G.A. § 42–4–1(a). As such, he has a legal duty to take into custody those convicted of crimes and sentenced to a term of imprisonment. O.C.G.A. § 42–4–12. The refusal to do so is a felony offense. Id. Further, a writ of mandamus may issue to compel performance of this duty. Griffin v. Chatham County, 244 Ga. 628, 629 (1979). For the foregoing reasons, it is my unofficial opinion that a sheriff must accept into custody those individuals convicted of criminal offenses who have been sentenced to a term of incarceration, and that the sheriff may not require payment of a surcharge as a condition precedent to service of the sentence.
Fines and fees
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Georgia 1985 Ga. Op. Atty. Gen. 203 (Ga.A.G.), Ga. Op. Atty. Gen. No. U85-32, 1985 WL 68946 Collection of public defender fees from indigent defendants Superior court's ability to collect fees from an indigent defendant for representation by a public defender is limited to the amount that indigent defendant can afford to reimburse.
In my opinion, O.C.G.A. § 17-12-10(c) governs the extent to which reimbursement to the county may be required from indigent defendants. The power to tax the costs of representation by
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a public defender is, under the statute, limited ‘[t]o the extent that [the defendant] . . . is able to provide for the employment of an attorney, the other necessary services and facilities of representation, and court costs . . .’ Thus, the court would not be authorized to order reimbursement beyond the indigent defendant's ability to pay for the services rendered by the public defender. However, this does not exclude partial reimbursements where the defendant is capable of paying some portion of the expenses of representation, as where, for example, the defendant is neither destitute nor a pauper. O.C.G.A. § 17-12-10(a)…. …In summary, it is my unofficial opinion that under O.C.G.A. § 17-12-10(c) a superior court may tax additional amounts onto any fine or restitution where a criminal defendant was represented by a full or part-time public defender, but the court may only order such payments or reimbursements to the extent of the individual defendant's financial capability to pay.
Fines and fees
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Georgia 1987 Ga. Op. Atty. Gen. 96 (Ga.A.G.), Ga. Op. Atty. Gen. No. U87-4, 1987 WL 119551 Fees and expenses of medical examining teams and hospital committees Fees for psychiatric examinations performed on defendant in a criminal case should not be imposed on defendant but on the county treasury.
In neither the civil nor criminal context is the cost of these examinations and testimony placed on the person to be examined, or even on the person or entity initiating
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the legal action. The mental retardation comprehensive evaluating teams are statutorily required to be provided by the State Department of Human Resources. O.C.G.A. § 37-4-40. In the criminal context, psychiatric examinations of defendants are properly a charge upon the county treasury, whether required to benefit the defendant, Ake v. Oklahoma, 470 U.S. 68 (1985), or as an aid to the court during trial or prior to sentencing, O.C.G.A. §§ 17-7-130.1, 17-7-131; Lingo v. State, supra. Op. Att'y Gen. U85-29 29. In regard to the latter, the Georgia Supreme Court has said that “the psychiatrist appointed by the court for a sanity examination of the defendant may not be regarded as a prosecution witness, but is instead a witness for the court.” Massey v. State, 226 Ga. 703, 704 (1970). Nor is his testimony subject to exclusion by virtue of the defendant's psychiatrist-patient privilege. Pierce v. State, 243 Ga. 454 (1979).
Fines and fees