Title 17

If the Governor decides that the demand should be complied with, he shall sign a warrant of arrest, which shall be sealed with the seal of the office of the Governor and directed to any peace officer or other person whom he may think fit to entrust with the execution thereof. The …

The warrant shall authorize the peace officer or other person to whom directed to arrest the accused at any time and any place where he may be found within the state, to command the aid of all peace officers or other persons in the execution of the warrant, and to deliver the acc…

Every peace officer or other person empowered to make the arrest shall have the same authority, in arresting the accused, to command assistance therein as peace officers have by law in the execution of any criminal process directed to them, with like penalties against those who r…

(a) No person arrested upon a warrant shall be delivered over to the agent whom the executive authority demanding him shall have appointed to receive him unless he shall first be taken forthwith before a judge of a court of record in this state, who shall inform him of the demand …

(a) The officer or persons executing the Governor’s warrant of arrest or the agent of the demanding state to whom the prisoner may have been delivered may, when necessary, confine the prisoner in the jail of any county or city through which he may pass; and the keeper of the jail …

Whenever any person within this state shall be charged, on the oath of any credible person before any judge or magistrate of this state, with the commission of any crime in any other state and, except in cases arising under Code Section 17-13-25, with having fled from justice, or …

The arrest of a person may be lawfully made by any peace officer or private person, without a warrant, upon reasonable information that the accused stands charged in the courts of a state with a crime punishable by death or imprisonment for a term exceeding one year, but when so …

If from the examination before the judge or magistrate it appears that the person held is the person charged with having committed the crime alleged and, except in cases arising under Code Section 17-13-25, that he has fled from justice, the judge or magistrate must, by a warrant …

Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, a judge or magistrate in this state may admit the prisoner to bail by bond, with sufficient sureties, in…

If the accused is not arrested under warrant of the Governor by the expiration of the time specified in the warrant or bond, a judge or magistrate may discharge him or may recommit him for a further period not to exceed 60 days, or a judge or magistrate may again take bail for his…

If the prisoner is admitted to bail and fails to appear and surrender himself according to the conditions of his bond, the judge or magistrate, by proper order, shall declare the bond forfeited and order his immediate arrest without warrant if he is within the state. Recovery may…

The Governor may, in his discretion, surrender, upon demand of the executive authority of another state, any person found in this state, notwithstanding the fact that a criminal prosecution or charges under the laws of this state are pending against the person, that the person ha…

The guilt or innocence of the accused as to the crime of which he is charged may not be inquired into by the Governor or in any proceeding after the demand for extradition accompanied by a charge or crime in legal form as provided for in this article shall have been presented to …

The Governor may recall his warrant of arrest or may issue another warrant whenever he deems proper. History. — Ga. L. 1951, p. 726, § 21.

Whenever the Governor of this state shall demand a person charged with a crime or with escaping from confinement or breaking the terms of his bail, probation, or parole in this state, from the executive authority of any other state, or from the chief justice or an associate justic…

(a) When the return to this state of a person charged with crime in this state is required, the prosecuting attorney shall present to the Governor his written application, in which application shall be stated the name of the person so charged, the crime charged against him, the a…

When the punishment of the crime shall be the confinement of the person in a penal institution, the expenses shall be paid out of the state treasury on the certificate of the Governor and warrant of the state auditor; and in all other cases the expenses shall be paid out of the cou…

A person brought into this state by or after waiver of extradition based on a criminal charge shall not be subject to service of personal process in civil actions arising out of the same facts as the criminal proceedings to answer which he is being or has been returned until he h…

(a) Any person arrested in this state charged with having committed any crime in another state or alleged to have escaped from confinement, or broken the terms of his bail, probation, or parole, may waive the issuance and service of the warrant provided for in Code Sections 17-13-…

Nothing in this article contained shall be deemed to constitute a waiver by this state of its right, power, or privilege to try a person demanded for extradition by another state for crimes committed within this state or of its right, power, or privilege to regain custody of the …

After a person has been brought back to this state by, or after waiver of, extradition proceedings, he may be tried in this state for other crimes which he may be charged with having committed here as well as that specified in the requisition for his extradition. History. — Ga. L.…

ATTORNEYS. Appointment of counsel. Indigent defendants. Legal defense for indigents generally, §§17-12-1 to 17-12-80. Circuit public defenders. Generally, §§17-12-20 to 17-12-37. Closing statements. Criminal cases, §§17-8-71 to 17-8-74. Court appointed counsel. Indigent defendant…

CRIMINAL JUSTICE COORDINATING COUNCIL. Crime victim’s compensation board. Council serving as board, §17-15-3. CRIMINAL LAW AND PROCEDURE. Abandonment of child. Sentence suspension, modification or probation. Payment of child support as condition, §17-10-1. Accusations, §§17-7-70 t…

It is declared to be the policy of this state that restitution to their victims by those found guilty of crimes or adjudicated as having committed delinquent acts is a primary concern of the criminal justice system and the juvenile justice system. History. — Code 1933, § 27-3001,…

State, 306 Ga. App. 616, 703 S.E.2d 81 (2010). Trial court was authorized under O.C.G.A. § 17-14-9 to order the defendant to pay the victim’s medical expenses as restitution for damages caused by the defendant’s simple battery of the victim in violation of O.C.G.A. § 16-5-23(a) b…

An order for restitution shall not bar any civil action against the offender. However, any payments made by an offender to a victim under an order for restitution may be a setoff against any judgment awarded to the victim in a civil action based on the same facts for which restit…

The ordering authority shall retain jurisdiction to modify a restitution order at any time before the expiration of the relief ordered. History. — Code 1933, § 27-3012, enacted by Ga. L. 1980, p. 1382, § 1; Ga. L. 2005, p. 88, § 5/HB 172.

(a) A restitution order shall be enforceable as is a civil judgment by execution as provided in Code Section 17-10-20. (b) If an offender or other person ordered to pay restitution willfully refuses to comply with a restitution order, the order, in the discretion of the court, ma…

(a) Payments pursuant to an order for restitution shall be made to the clerk of the court or to any other person, for the benefit of the victim or victims, as the ordering authority shall order. (b) In each case in which payment of restitution is ordered as a condition of probatio…

(a) Nothing in this article shall authorize peonage; and this article shall be construed and diligently administered to prevent peonage. (b) No offender shall be denied any benefit, relief, or privilege to which he or she might otherwise be entitled or eligible solely because he o…

If an offender who is ordered to pay restitution under this article is remanded to the jurisdiction of the Department of Corrections or the Department of Juvenile Justice, the court shall transmit a copy of the restitution order to such department and to the Department of Communi…

(a) The state or the victim of a crime may institute an action against an offender pursuant to Article 4 of Chapter 2 of Title 18, the ‘‘Uniform Voidable Transactions Act,’’ to set aside a transfer of real, personal, or other property made voluntarily by the offender on or after …

If a person or entity entitled to restitution cannot be located or refuses to claim such restitution within two years after the date on which he or she could have claimed such restitution, the restitution paid to such person or entity shall be deposited in the Crime Victims Emerg…

This article shall not be construed to limit or abrogate any power of any court, agency, or board to place other conditions, limits, terms, rules, or regulations on any relief in the nature of suspension of sentence, probation, parole, pardon, or restoration of rights. History. —…

As used in this article, the term: (1) ‘‘Conviction’’ means an adjudication of guilt of or a plea of guilty or nolo contendere to the commission of an offense against the laws of this state. Such term includes any such conviction or plea, notwithstanding the fact that sentence wa…

(a) Subject to the provisions of Code Section 17-14-10, notwithstanding the provisions contained in Chapter 11 of Title 15, and in addition to any other penalty imposed by law, a judge of any court of competent jurisdiction shall, in sentencing an offender, make a finding as to th…

(a) It is declared to be the policy of this state to recognize that restitution is consistent with the goal of rehabilitation of delinquent juveniles and to provide restitution in such cases. (b) Notwithstanding any provision of Chapter 11 of Title 15, the juvenile courts shall o…

(a) Where an offender has made total or partial restitution to a victim, the ordering authority shall set off any such amounts and reduce the amount payable to the victim. (b) The ordering authority shall not order restitution to be paid to a victim or victim’s estate if the vict…

(a) Any offender may offer a restitution plan to the ordering authority. If a plan is offered, it shall be the duty of the ordering authority to consider the factors stated in Code Section 17-14-10 and to make the plan part of a restitution order if acceptable to the ordering aut…

(a) In any case in which a court sentences an offender to pay restitution and a fine, if the court permits the offender to pay such restitution and fine in other than a lump sum, the clerk of any superior court of this state, community supervision officer, county or Department of J…

The amount of restitution ordered shall not exceed the victim’s damages. History. — Code 1933, § 27-3009, enacted by Ga. L. 1980, p. 1382, § 1; Ga. L. 2005, p. 88, § 5/HB 172.

As used in this article, the term: (1) ‘‘Board’’ means the Board of Corrections. (2) ‘‘Convicted person’’ includes a person found not guilty by reason of insanity. History. — Ga. L. 1979, p. 1262, § 1; Ga. L. 1985, p. 283, § 1.

(a)(1) Every person, firm, corporation, partnership, association, or other legal entity contracting with any person or with the representative or assignee of any person who has been accused or convicted of a crime in this state with respect to the reenactment of the crime by way o…

(a) It shall be unlawful for any person, firm, corporation, partnership, association, or other legal entity to fail to comply with this article. (b) Any person, firm, corporation, partnership, association, or other legal entity violating this article shall be guilty of a misdemeano…

Eligibility. Confinement awaiting trial, receiving treatment, etc. Use in determining parole eligibility, §17-10-11. Crime victims’ bill of rights. Notification to victim of impending parole proceedings, §17-17-13. Eligibility. Credit for time in confinement. Confinement awaiting tri…

The General Assembly recognizes that many innocent persons suffer personal physical injury, serious mental or emotional trauma, severe financial hardship, or death as a result of criminal acts or attempted criminal acts. The General Assembly finds and determines that there is a nee…