O.C.G.A. § 17-12-80 (2019)
Verification of indigency required; procedure; timing of notification of eligibility
(a) In order to retain funding as provided in Code Sections 15-21-74 and 15-21A-6, a governing authority shall verify that the applicant qualifies as an indigent person. The governing authority shall establish the methodology for verification and fund such process. The governing authority shall produce auditable information to the council to substantiate its verification process as requested by the council or its director.
(b) The council shall establish policies to determine approval of an indigent person verification system and shall annually provide written notification to the Georgia Superior Court Clerks’ Cooperative Authority as to whether or not a governing authority has an approved indigent person verification system.
(c) The governing authority shall advise the circuit public defender, if applicable, or the administrator of the indigent defense system for the jurisdiction of the name of each person who has applied for legal services and provide identifying information for those persons who are financially eligible for services within one business day of such person’s application for services.
History
Code 1981, § 17-12-80, enacted by Ga. L. 2008, p. 846, § 41/HB
1245; Ga. L. 2011, p. 91, § 15/HB 238; Ga. L. 2015, p. 519, § 7-13/HB 328.
ARTICLE 5 OFFICE OF MULTICOUNTY PUBLIC DEFENDER
Annotations
The 2011 amendment, effective July 1, 2011, substituted "policies and standards" for "rules and regulations" near the beginning of subsection (b).
The 2015 amendment, effective July 1, 2015, deleted "and standards" following "establish policies" in subsection (b).
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ARTICLE 5 OFFICE OF MULTICOUNTY PUBLIC DEFENDER
Editor's notes. - Ga. L. 2003, p. 191, § 1, effective December 31, 2003, repealed the Code sections formerly codified as this article, and enacted the current article. The former article consisted of Code Sections 17-12-90 through 17-12-97 and was based on Ga. L. 1992, p. 1963, § 2.
17-12-100 through 17-12-108.
Editor's notes. - This article was based on Code 1981, §§ 17-12-100 through 17-12-108, enacted by Ga. L. 2003, p. 191, § 1.
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ARTICLE 6 GEORGIA CAPITAL DEFENDER
Editor's notes. - Ga. L. 2008, p. 846, § 42, effective July 1, 2008, repealed the Code sections formerly codified under this article, relating to the Georgia Capital Defender. For comparable provisions, see Code sections 17-12-12 and 17-12-12.1.
17-12-120 through 17-12-128.
Editor's notes. - This article was based on Code 1981, §§ 17-12-120 through 17-12-127, 17-12-127.1, and 17-12-128, enacted by Ga. L. 2003, p. 191, § 1 and Ga. L. 2004, p. 631, § 17.
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CHAPTER 13 CRIMINAL EXTRADITION
Article 1
General Provisions.
17-13-1. Requirements as to applications for requisitions for extradition of fugitives from justice of this state.
17-13-2. Duty of Governor to make requisitions.
17-13-3. Expense of returning fugitives to be first authorized by county governing authority.
17-13-4. Arrest and delivery to authorities of fugitive from foreign country.
17-13-5. Execution of warrants for arrest of fugitives from justice.
Article 2
Uniform Criminal Extradition Act.
17-13-20. Short title.
17-13-21. Definitions.
17-13-22. Duty of Governor to have fugitives from justice arrested and delivered to executive authorities of other states.
17-13-23. Form of demand for extradition of person charged with crime in another state.
17-13-24. Extradition of person imprisoned or awaiting trial in another state or who has left the demanding state under compulsion.
17-13-25. Extradition of persons not present in demanding state at time of commission of crime.
17-13-26. Investigation of case upon receipt of demand for extradition.
17-13-27. Issue of Governor's warrant of arrest; recitals.
17-13-28. Manner and place of execution of warrant.
17-13-29. Authority of arresting officers; penalties for refusal to assist arresting officers.
17-13-30. Rights of accused person; application for writ of habeas corpus; hearing; penalty.
17-13-31. Duty of district attorney to answer and defend habeas corpus action.
17-13-32. Confinement in jail of person being extradited to another state when necessary.
17-13-33. Arrest of person charged with crime in another state under warrant based upon oath or affidavit of another person.
17-13-34. Arrest without warrant of a person charged with a crime in another state.
17-13-35. Commitment of person accused of crime in another state to county jail pending receipt of demand from other state generally.
17-13-36. Granting of bail.
17-13-37. Procedure where accused not arrested within time specified in warrant.
17-13-38. Forfeiture of bail bond.
17-13-39. Surrender of persons under criminal prosecution or sentence in this state to demanding state.
17-13-40. Conduct of inquiry as to guilt or innocence of accused.
17-13-41. Recall of warrant of arrest or issuance of another warrant by Governor.
17-13-42. Demand for return of fugitives in other states by Governor of this state; issuance of warrant to person receiving fugitive.
17-13-43. Application for issuance of demand.
17-13-44. Payment of expenses.
17-13-45. Immunity from service of process of persons brought into state in civil actions based on facts in criminal charge.
17-13-46. Execution and filing of written waiver of extradition proceedings by accused; delivery of accused to demanding state.
17-13-47. Effect of article as to right, power, or privilege of state to try demanded person.
17-13-48. Trial of person brought into state for other criminal prosecutions while in state.
17-13-49. Uniform interpretation and construction.
JUDICIAL DECISIONS
Primary law governing extradition proceedings is found in the Constitution of the United States, and the acts of Congress in pursuance thereof. McFarlin v. Shirley, 209 Ga. 794, 76 S.E.2d 1 (1953).
RESEARCH REFERENCES
ALR. - Test of "dual criminality" where extradition to or from foreign nation is sought, 132 A.L.R. Fed. 525.
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ARTICLE 1 GENERAL PROVISIONS
Cross references. - Cooperation between Georgia and other states generally, T. 28, C. 6.
RESEARCH REFERENCES
Am. Jur. 2d. - 31A Am. Jur. 2d, Extradition, §§ 49, 64 et seq.
C.J.S. - 35 C.J.S. (Rev), Extradition and Detainers, §§ 19, 20, 24 et seq.
ALR. - Extradition: mission or motive of defendant in going to asylum state as affecting right to extradite him, 13 A.L.R. 415.
Permitting prisoner under sentence in federal court to be taken for trial before state court, 22 A.L.R. 886; 62 A.L.R. 279.
Extradition of fugitive in custody under charge in asylum state, 42 A.L.R. 585.
One charged with desertion or failure to support wife or child as fugitive from justice, subject to extradition, 54 A.L.R. 281.
Extradition of escaped or paroled convict, or one at liberty on bail, 78 A.L.R. 419.
One not in demanding state at time of offense, but who afterward entered and left state, as fugitive from justice within extradition law, 91 A.L.R. 1262.
Right to try one brought within jurisdiction illegally or as a result of a mistake as to identity, 28 A.L.R. Fed. 685; 25 A.L.R.4th 157.