Ga. Comp. R. & Regs. 110-1-2-.02

Current through Rules and Regulations filed through November 22, 2024

Rule 110-1-2-.02 - Reimbursement Method

The Clerk of the Superior Court of an eligible county shall submit a Statement of Expenses, attested to by the Chief Executive Officer of the county, to the Commissioner of Community Affairs in order to apply for reimbursement for eligible capital felony costs incurred during the previous calendar year.

(a) The Statement of Expenses shall include those items requested by the Department as well as the following information, including any other information the Clerk of Superior Court may wish to add:

1. the county name, address and telephone number;

2. Superior Court, case name and number;

3. presiding judge;

4. the defendant(s), if not listed in the name of the case.

(b) The Statement of Expenses shall also include the costs related to the following activities:

1. incarceration of the defendant(s) from apprehension to conviction or release;

2. the charging by the Grand Jury;

3. preliminary hearing(s);

4. impanelling the jury;

5. expenses of witnesses;

6. transcripts;

7. court-appointed attorneys;

8. overtime of county employees directly resulting from case (specify number of hours and amount paid each);

9. part-time additional employees needed in conjunction with the case;

10. changes of venue;

11. other costs (each item listed separately) that the county deems appropriate.

(c) For each item of cost listed, the date of payment shall be noted. Any cost of an unusual nature must be explained fully.

(d) A total of items (b)1. through (b)11. shall be calculated.

(e) From (d) deduct the sum of the following:

1. The normal salaries, compensation and expenses of county officers and employees (if included in (b)1.-11. above); and

2. Expenses reimbursed in accordance with other state law (applicable to the case or cases in the Statement of Expenses) or reimbursed or reimbursable from any other source, public or private; and

3. Any county supplements to normal salaries of state officers or employees (if reported in (b)1.-11. above); and

4. Five percent of the total of annual adjusted taxes as determined from the annual financial report relating to the Report of Local Government Finances filed by the county with the Department of Community Affairs pursuant to Code Section 36-81-8.; and

5. If the result of this calculation is greater than zero and such costs qualify for reimbursement under these rules, such amount is eligible for reimbursement subject to availability of appropriations.

(f) The Department of Community Affairs may examine the records of expense of any county submitting a Statement of Expenses.

Ga. Comp. R. & Regs. R. 110-1-2-.02

Ga. L. 1979, Act No. 111; O.C.G.A. 17-11-21et seq.

Original Rule entitled "The Reimbursement Method" was filed on May 24, 1979, as Rule 110-2-.02; effective June 13, 1979.

Amended: Rule renumbered as 110-1-2-.02. Filed April 6, 1983; effective April 26, 1983.

Repealed: New Rule entitled "Reimbursement Method" adopted. F. Aug. 14, 1989; eff. Sept. 3, 1989.