Each county of this state shall be reimbursed from state funds for court costs both at the trial level and in any appellate court for each writ of habeas corpus sought in the superior court of the county by indigent petitioners when the granting of the writ is denied or when the court costs are cast upon the respondent, but such reimbursement shall not exceed $30,000.00 per annum total for each county. By not later than September 1 of each calendar year, the clerk of the superior court of each county shall send a certified list to The Council of Superior Court Judges of Georgia of each writ of habeas corpus sought in the superior court of the county during the 12 month period immediately preceding July 1 of that calendar year by indigent petitioners for which the granting of the writ was denied or for which the court costs were cast upon the respondent; and such list shall include the court costs both at the trial level and in any appellate court for each such writ of habeas corpus. By not later than December 15 of each calendar year, the council shall pay to the county from funds appropriated or otherwise made available for the operation of the superior courts the reimbursement as set forth in the certified list, subject to the maximum reimbursement provided for in this Code section. The list sent to the council as provided in this Code section shall be certified as correct by the governing authority of the county and by the judge of the superior court of the county. The council is authorized to devise and make available to the counties such forms as may be reasonably necessary to carry out this Code section and to establish such procedures as may be reasonably necessary for such purposes. This Code section shall not be construed to amend or repeal the provisions of Code Section 15-6-28 or any other provision of law for funds for any judicial circuit.
History. Code 1933, § 50-128, enacted by Ga. L. 1978, p. 2051, § 1; Ga. L. 1985, p. 283, § 1; Ga. L. 1993, p. 1402, § 19; Ga. L. 1994, p. 97, § 9; Ga. L. 1999, p. 660, § 1; Ga. L. 2011, p. 477, § 1/SB 193; Ga. L. 2017, p. 553, § 1/HB 319.
The 2017 amendment, effective July 1, 2017, substituted “$30,000.00” for “$10,000.00” near the end of the first sentence.
Structure Georgia Code
Article 2 - Procedure for Persons Under Sentence of State Court of Record
§ 9-14-41. Article as Exclusive Procedure
§ 9-14-42. Grounds for Writ; Waiver of Objection to Jury Composition
§ 9-14-43. Jurisdiction and Venue
§ 9-14-44. Petition — Contents and Verification
§ 9-14-46. Custody and Production of Petitioner
§ 9-14-47. Time for Answer and Hearing
§ 9-14-49. Findings of Fact and Conclusions of Law
§ 9-14-50. Transcription of Proceedings
§ 9-14-51. Effect of Failure to Raise Grounds for Relief in Original or Amended Petition
§ 9-14-53. Reimbursement to Counties for Habeas Corpus Costs