07 LC
35 0682
House
Bill 884
By:
Representative Buckner of the
130th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 3 of Chapter 5 of Title 42 of the Official Code of Georgia
Annotated, relating to conditions of detention, so as to increase the minimum
reimbursement rate paid to counties for housing state inmates; to provide for
related matters; to provide an effective date; to repeal conflicting laws; and
for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating
to conditions of detention, is amended by revising subsection (c) of Code
Section 42-5-51, relating to jurisdiction over certain misdemeanor offenders,
designation of place of confinement of inmates, and reimbursement of counties
for housing state inmates, 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
shall
reimburse the county, in a sum not less than
$7.50
$25.00
per day per inmate
and in such
an amount as may be appropriated for this purpose by the General
Assembly, for the cost of the
incarceration, commencing 15 days after proper documentation is received by the
department from the clerk of the court.
If the state
inmate is not transferred by the department within 60 days following receipt of
the proper documentation by the department, the department shall reimburse the
county in a sum not less than $35.00 per day per inmate. If the inmate is not
transferred by the department within 120 days following receipt of the proper
documentation by the department, the department shall reimburse the county
$45.00 per day per inmate. 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.
This
Act shall become effective on July 1, 2007.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.