O.C.G.A.

O.C.G.A. § 17-12-10 (2019)

Annual reporting

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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(a) Upon request, the council shall prepare annually a report of its activities in order to provide the General Assembly, the Governor, and the Supreme Court of Georgia with an accurate description and accounting of the preceding year’s expenditures and revenue, including moneys received from cities and county governing authorities. (b) Upon request, the council shall provide to the General Assembly, the Governor, and the Supreme Court of Georgia a detailed analysis of all grants and funds, whether public or private, applied for or granted, together with how and in what manner the same are to be utilized and expended. (c) Upon request, the director shall prepare annually a report in order to provide the General Assembly, the Supreme Court, and the Governor with information on the council’s assessment of the delivery of indigent defense services, including, but not limited to, the costs involved in operating each program and each governing authority’s indigent person verification system, methodology used, costs expended, and savings realized.

History

Code 1981, § 17-12-10, enacted by Ga. L. 2003, p. 191, § 1; Ga. L. 2008, p. 846, § 22/HB 1245; Ga. L. 2011,

p. 91, § 7/HB 238; Ga. L. 2015, p. 519, § 7-8/HB 328.

Notes of Decisions

Cited in 15 cases (1 in the last 5 years), 1984–2021 · leading case: Pless v. State, 633 S.E.2d 340 (Ga. Ct. App. 2006).

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Pless v. State, 633 S.E.2d 340 (Ga. Ct. App. 2006). · cites it 23× “The new statute repealed former OCGA § 17-12-10 in its entirety and substituted in no provision authorizing such reimbursement.”

State v. Pless, 646 S.E.2d 202 (Ga. 2007). · cites it 16× “The Court of Appeals set forth the rationale for its ruling, as follows: the governing statute [former OCGA § 17-12-10 (c) which expressly allowed a court to order reimbursement of attorney fees] was struck prior to trial and its replacement [Georgia Indigent Defense Act of…”

Miller v. State, 472 S.E.2d 697 (Ga. Ct. App. 1996). · cites it 6× “We disagree; the reimbursement of attorney fees is governed by OCGA § 17-12-10, not OCGA § 17-14-10. Defendant was sentenced to 15 years, to serve 12, with the balance to be served on probation.”

Fowler v. State, 360 S.E.2d 918 (Ga. Ct. App. 1987). · cites it 6× “” Provision for the recoupment of benefits extended to criminal defendants under the Act is found in OCGA § 17-12-10, which provides, in pertinent part, as follows: “(c) To the extent that a person covered under this Code section is able to provide for the employment of an…”

Reid v. State, 481 S.E.2d 259 (Ga. Ct. App. 1997). · cites it 10× “” OCGA § 17-12-10 (c) allows the court to order an indigent defendant who has received appointed counsel to provide reimbursement for the employment of his attorney and other costs “[t]o the extent that [he] is able.” Reid contends the court could not require *526 reimbursement…”

Penaherrera v. State, 438 S.E.2d 661 (Ga. Ct. App. 1993). · cites it 2× “OCGA § 17-12-10 authorizes a court to require an indigent criminal defendant, as a condition of probation, to pay for the cost of his representation by a court-appointed attorney to the extent of the defendant’s financial ability to pay.”

Flanagan v. State, 462 S.E.2d 469 (Ga. Ct. App. 1995). · cites it 2× “See OCGA §§ 17-12-10 (c); 17-12-11. Decided September 27, 1995.”

Raines v. State, 531 S.E.2d 158 (Ga. Ct. App. 2000). · cites it 2× “; see OCGA §§ 17-12-10 (c); 17-12-11. Judgment reversed and case remanded with direction.”

Burns v. State, 555 S.E.2d 209 (Ga. Ct. App. 2001). · cites it 4× “” OCGA § 17-12-10 (c) provides that to the extent that a person covered under the standards to determine indigence is able to provide for the employment of an attorney, “the court concerned may order him to provide for this payment or reimbursement.”

Commonwealth v. Brown, 476 A.2d 381 (Pa. 1984). · cites it 3× “120 ; Ga.Code Ann. § 17-12-10; Idaho Code § 19-854 ; Ky.”

Owens v. State, 369 S.E.2d 919 (Ga. Ct. App. 1988). · cites it 2× “OCGA § 17-12-10 (c) allows for recoupment from a defendant of the costs incurred by the county in appointing counsel for that defendant, “[t]o the extent that a person covered under this Code section is able to provide for the employment of an attorney.”

Jones v. State, 480 S.E.2d 618 (Ga. Ct. App. 1997). · cites it 2× “See OCGA § 17-12-10 (c). But the record provides no basis for a determination that defendants were or are able to pay for the employment of attorneys.”

Show all 15 citing cases →

— 17-12-10(c) — 2 cases

State v. Pless, 646 S.E.2d 202 (Ga. 2007). “The Court of Appeals set forth the rationale for its ruling, as follows: the governing statute [former OCGA § 17-12-10 (c) which expressly allowed a court to order reimbursement of attorney fees] was struck prior to trial and its replacement [Georgia Indigent Defense Act of…”

Pless v. State, 633 S.E.2d 340 (Ga. Ct. App. 2006). “The new statute repealed former OCGA § 17-12-10 in its entirety and substituted in no provision authorizing such reimbursement.”

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