Title 17, Chapter 11, Section 22
( 17-11-22)
(a) Each county which is responsible for the costs of a capital
felony case will be reimbursed for capital felony expenses as
provided in this Code section. With respect to one or more capital
felony cases, expenses from the date of arrest will be accumulated.
When one or more capital felony cases result in capital felony
expenses, the accumulation of which is more than 5 percent of county
revenue for the calendar year in which the superior court conviction
occurs or in which the defendant is released if not convicted, the
county will be reimbursed for all such accumulated capital felony
expenses in excess of the 5 percent level. After a county has
qualified or been reimbursed for capital felony expenses for any
calendar year, the county shall be eligible for any capital felony
expenses resulting from such case or cases in subsequent calendar
years prior to the appeal of such case or cases. County revenues
shall not be applicable in determining the amount of reimbursement
for capital felony expenses occurring in such subsequent years prior
to the appeal of the case or cases. (b) If one or more capital felony cases are appealed, expenses from
the date of the superior court conviction will be accumulated. When
the appeal of one or more capital felony cases results in capital
felony expenses, the accumulation of which is more than 5 percent of
county revenue for the calendar year in which the last appellate
court action on the conviction occurs, the county will be reimbursed
for all such capital felony expenses in excess of the 5 percent
level. If the county chooses not to seek reimbursement for capital
felony expenses from the date of arrest to the date of the superior
court conviction and instead seeks reimbursement for its capital
felony expenses through the last appellate court action, the county
will be reimbursed for all accumulated capital felony expenses in
excess of the 5 percent level. (c) If a capital felony case is appealed and the conviction is
reversed, capital felony expenses for any subsequent retrial and
appeals will be handled in accordance with the provisions of
subsections (a) and (b) of this Code section. (d) No capital felony expenses for which reimbursement has already
been made will again be included in any subsequent calculations or
reimbursement requests. |