08 LC 21
9693
House
Bill 1365
By:
Representatives Lindsey of the
54th,
Willard of the
49th,
and Holmes of the
61st
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 42-5-51 of the Official Code of Georgia Annotated, relating
to jurisdiction over certain misdemeanor offenders, designation of place of
confinement of inmates, reimbursement of county, and transfer of inmates to
federal authority, so as to provide that the Department of Corrections shall
reimburse counties for state inmates not transferred to state facilities in an
amount negotiated between the county and the department; to repeal conflicting
laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 42-5-51 of the Official Code of Georgia Annotated, relating to
jurisdiction over certain misdemeanor offenders, designation of place of
confinement of inmates, reimbursement of county, and transfer of inmates to
federal authority, is amended by revising subsection (c) as
follows:
"(c)
After proper documentation is received from the clerk of the court, the
department shall have 15 days to transfer an inmate under sentence to the place
of confinement. If the inmate is not transferred within the 15 days, the
department will reimburse the county, in a sum
not less
than $7.50 per day per inmate and in such an amount as may be appropriated for
this purpose by the General Assembly,
negotiated
between the department and the county for
the cost of the incarceration, commencing 15 days after proper documentation is
received by the department from the clerk of the court. The reimbursement
provisions of this Code section shall only apply to payment for the
incarceration of felony inmates available for transfer to the department, except
inmates under death sentence awaiting transfer after their initial trial, and
shall not apply to inmates who were incarcerated under the custody of the
commissioner at the time they were returned to the county jail for trial on
additional charges or returned to the county jail for any other purposes,
including for the purpose of a new trial."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.