07 LC
35 0681
House
Bill 885
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
equal to the
average daily rate for the preceding year paid by the department to private
correctional institutions for housing state inmates which amount
shall not
be
less than
$7.50
$45.00
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. 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laws and parts of laws in conflict with this Act are repealed.