06 LC
35 0037
Senate
Bill 479
By:
Senator Thompson of the 33rd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 37-1-21 of the Official Code of Georgia Annotated, relating
to institutional powers and duties of the Board and Department of Human
Resources regarding mental health, so as to require notification of the local
government with jurisdiction over the site where the Department of Human
Resources and its specified agents and designees plan to construct, build,
acquire, lease, locate, or contract for the use of certain facilities,
hospitals, or institutions; to provide for a response from the local government
so notified; to provide that the department is not authorized to proceed with
plans for such facility, hospital, or institution without the consent of the
local government; to amend Chapter 2 of Title 42 of the Official Code of Georgia
Annotated, relating to the state Board and Department of Corrections, so as to
require notification of the local government with jurisdiction over the site
where the Department of Corrections plans to construct, build, acquire, lease,
locate, or contract for the use of any of certain correctional institutions or
other facilities used for supervision of persons within the custody or under the
supervision of the department; to provide for a response from the local
government so notified; to provide that the department is not authorized to
proceed with plans for such correctional or other facility without consent of
the local government; to amend Chapter 4A of Title 49 of the Official Code of
Georgia Annotated, relating to the state Department of Juvenile Justice, so as
to require notification of the local government with jurisdiction over the site
where the Department of Juvenile Justice plans to construct, build, acquire,
lease, locate, or contract for the use of any of certain juvenile detention,
supervision, or treatment facilities; to provide for a response from the local
government so notified; to provide that the department is not authorized to
proceed with plans for such juvenile detention, supervision, or treatment
facility without the consent of the local government; to provide for related
matters; to provide for an effective date; to repeal conflicting laws; and for
other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 37-1-21 of the Official Code of Georgia Annotated, relating to
institutional powers and duties of the Board and Department of Human Resources
regarding mental health, is amended by adding a new subsection to read as
follows:
"(c)(1)
The department shall notify the county, municipal corporation, or consolidated
government that encompasses the geographic site where the department plans to
construct, build, acquire, lease, locate, or contract for the use of any new
facility, hospital, or institution for programs for the care, custody, and
treatment of addictive disease or substance abuse or any new facility, hospital,
or institution that will house persons in confinement. For cities and counties,
the department shall notify the county if the site is located in the
unincorporated part of a county and shall notify the municipal corporation if
the site is located within the corporate limits of a municipal
corporation.
(2)
A local government that receives such a notification shall respond to the
department within 90 days of receipt of notification, and such response shall
indicate whether the governing authority of the local government has, by
majority vote, consented to the construction, building, acquisition, lease,
location, or contract for the use of such facility, hospital, or institution
within its geographic jurisdiction.
(3)
The department is not authorized to proceed with plans for the construction,
building, acquisition, lease, location, or contract for the use of any such
facility, hospital, or institution without the consent of the governing
authority of the local government having jurisdiction over the proposed
site."
SECTION
2.
Chapter
2 of Title 42 of the Official Code of Georgia Annotated, relating to the state
Board and Department of Corrections, is amended by inserting a new Code section
to be designated Code Section 42-2-15 to read as follows:
"42-2-15.
(a)
The department shall notify the county, municipal corporation, or consolidated
government that encompasses the geographic site where the department plans to
construct, build, acquire, lease, locate, or contract for the use of a new
correctional institution, work release center, detention center, or other
institution for holding or supervising persons who are in the custody or under
the supervision of the department. For cities and counties, the department
shall notify the county if the site is located in the unincorporated part of a
county and shall notify the municipal corporation if the site is located within
the corporate limits of a municipal corporation.
(b)
A local government that receives such a notification shall respond to the
department within 90 days of receipt of notification, and such response shall
indicate whether the governing authority of the local government has, by
majority vote, consented to the construction, building, acquisition, lease,
location, or contract for the use of a facility for holding or supervising
persons who are in the custody or under the supervision of the department within
its geographic jurisdiction.
(c)
The department is not authorized to proceed with plans for the construction,
building, acquisition, lease, location, or contract for the use of any facility
for holding or supervising persons who are in the custody or under the
supervision of the department without consent of the governing authority of the
local government having jurisdiction over the proposed
site."
SECTION
3.
Chapter
4A of Title 49 of the Official Code of Georgia Annotated, relating to the state
Department of Juvenile Justice, is amended by striking Code Section 49-4A-4,
relating to the purpose of the chapter and detention care facilities, in its
entirety and inserting in its place a new Section 49-4A-4 to read as
follows:
"49-4A-4.
(a)
It is the purpose of this chapter to establish the department as the agency to
administer, supervise, and manage juvenile detention facilities. Except for the
purposes of administration, supervision, and management as provided in this
chapter, juvenile detention facilities shall continue to be detention care
facilities for delinquent and unruly children and youth for the purposes of
Article 1 of Chapter 11 of Title 15, relating to juvenile courts and juvenile
proceedings.
(b)
The department shall notify the county, municipal corporation, or consolidated
government that encompasses the geographic site where the department plans to
construct, build, acquire, lease, locate, or contract for the use of a new
juvenile detention facility or other facility for holding, supervising, or
treating persons who are in the custody or under the care or supervision of the
department. For cities and counties, the department shall notify the county if
the site is located in the unincorporated part of a county and shall notify the
municipal corporation if the site is located within the corporate limits of a
municipal corporation.
(c)
A local government that receives such a notification shall respond to the
department within 90 days of receipt of notification, and such response shall
indicate whether the governing authority of the local government has, by
majority vote, consented to the construction, building, acquisition, lease,
location, or contract for the use of such juvenile detention, supervision, or
treatment facility within its geographic jurisdiction.
(d)
The department is not authorized to proceed with plans for the construction,
building, acquisition, lease, location, or contract for the use of any facility
for holding, supervising, or treating persons who are in the custody or under
the supervision of the department without consent of the governing authority of
the local government having jurisdiction over the proposed
site."
SECTION
4.
This
Act shall become effective on July 1, 2006.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.