SB286: SB286 Courts and Penal Institutions; substance abuse programs and mental health treatment programs in county and municipal jails for inmates; provide

Currently, Georgia law does not spell out a process for jail inmates to voluntarily enter substance abuse or mental health treatment while in county or municipal jail. This bill creates that process. It adds new sections to Georgia's courts code (O.C.G.A. Title 15) requiring drug court divisions and mental health court divisions to create petitions and procedures so inmates and applicants can ask to enter these programs voluntarily. If a court accepts the petition, it must order the person into the relevant program, with success measured by existing criteria already used for drug and mental health courts. A companion section added to the penal institutions code (O.C.G.A. Title 42) allows, but does not require, county and municipal jails to establish these programs. The Georgia Department of Corrections would write the rules and minimum standards that jails must follow if they choose to participate. The bill repeals any conflicting laws but does not state a specific effective date beyond the standard process.

• Creates a voluntary petition process letting jail inmates and applicants ask to enter substance abuse or mental health treatment programs through drug court or mental health court divisions.
• Requires courts that accept such a petition to order the person into the program and judge completion using existing legal criteria already set for drug and mental health courts.
• Allows, but does not require, county and municipal jails to set up substance abuse and mental health treatment programs for these participants.
• Directs the Department of Corrections to write rules, regulations, and minimum standards for any jail programs created under the bill.

Inmates and applicants in county and municipal jails, drug court and mental health court divisions and judges, county and municipal jail administrators who would decide whether to opt into the programs, and the Georgia Department of Corrections, which would set program rules and standards.

If enacted, jail inmates struggling with substance abuse or mental illness could gain a formal, voluntary pathway to treatment tied to drug or mental health court supervision, though participation depends on whether individual jails choose to opt in and follow state standards.

• Section 1 adds O.C.G.A. § 15-1-15.1, requiring drug court divisions to create petitions and procedures for voluntary entry into jail substance abuse programs and to order participation once a petition is accepted.
• Section 1 also adds O.C.G.A. § 15-1-16.1, doing the same for mental health court divisions and mental health treatment programs.
• Section 2 adds O.C.G.A. § 42-4-52, letting county and municipal jails opt into establishing substance abuse and mental health treatment programs for referred inmates and applicants.
• Section 2 requires the Department of Corrections to issue rules, regulations, and minimum standards governing any such jail programs.
• Section 3 repeals any laws that conflict with the new provisions.

1. 2025-02-27Senate Read and Referred (Senate)
2. 2025-02-26Senate Hopper (Senate)

• Donzella James (D, SD-028)Primary sponsor

• jail reform
• substance abuse treatment
• mental health courts
• drug courts
• criminal justice