HB 1482: Jails; certain municipal corporations make municipal detention facilities or jails available for use by a sheriff under certain conditions; require
Last action March 6, 2026 · House Committee Favorably Reported
A Georgia House bill would require certain municipal corporations near the State Capitol to make their detention facilities or jails available to a county sheriff on request, in exchange for a fee capped at actual costs.
The summaries below were written by an AI model (claude-sonnet-5) from the text of the bill and are not part of it. Quote the text, not the summary. The stored text is the Introduced version, the latest LegiScan holds.
In plain language
Currently, a municipal corporation that owns a jail or detention facility is not required to let a county sheriff use that space, even if the sheriff needs it. This bill adds a new section to Georgia's jail laws (O.C.G.A. Title 42, Chapter 4) that changes that for municipalities located within the area that state law sets as the jurisdiction of the Capitol Police Division of the Department of Public Safety (O.C.G.A. § 35-2-122). Under the bill, if a sheriff in the county where such a facility sits asks to use it, and the sheriff has enough funding appropriated to pay for it, the municipal corporation must place the facility at the sheriff's disposal, whether or not the facility is currently holding inmates. The municipality may charge the sheriff a fee, but that fee cannot exceed the municipality's actual cost of maintaining the facility. The law would take effect as soon as the Governor signs it or it otherwise becomes law without his signature.
What the bill does
- Adds a new Code section requiring certain municipal corporations to make their detention facilities or jails available to a county sheriff who requests use of them.
- Limits this requirement to municipal facilities located within the geographic area defined as the Capitol Police Division's jurisdiction under O.C.G.A. § 35-2-122.
- Applies even if the municipal facility is not currently holding any inmates.
- Conditions the requirement on the sheriff having sufficient funding already appropriated to cover the arrangement.
- Allows the municipal corporation to charge the sheriff a fee for use of the facility, capped at the municipality's actual maintenance cost.
- Sets the effective date as immediately upon the Governor's approval, or upon the bill becoming law without his signature.
Who it affects
County sheriffs seeking additional jail space, municipal corporations that own or operate detention facilities or jails near the State Capitol area, and county governments responsible for funding sheriffs' operations are all directly affected by this bill.
Why it matters
Sheriffs facing overcrowded county jails could gain access to nearby municipal jail space they might not otherwise be allowed to use, while municipalities would be required to share facilities rather than deciding on their own whether to do so, subject to a fee that cannot exceed their actual costs.
Key provisions
- Section 1 adds new Code Section 42-4-17, applying to municipal corporations owning detention facilities or jails within the Capitol Police Division's jurisdictional radius under O.C.G.A. § 35-2-122.
- Subsection (a) requires such a municipality to place its facility at a requesting sheriff's disposal if the sheriff has adequate funding appropriated, regardless of whether the facility currently houses inmates.
- Subsection (b) permits the municipality to charge a fee for the facility's use but caps that fee at the municipality's actual cost of maintaining it.
- Section 2 sets the effective date as upon the Governor's approval or the bill becoming law without approval.
- Section 3 repeals conflicting laws.
From the bill
“shall, at the request of the sheriff of the county where such municipal detention facility or jail is located, and provided that sufficient funding has been appropriated to such sheriff, place such municipal detention facility or jail at the disposal of such sheriff”
“in no event shall such fee exceed the actual cost incurred by such municipal corporation in maintaining such municipal detention facility or jail”
Status timeline
- House Committee Favorably Reported (House)
- House Second Readers (House)
- House First Readers (House)
- House Hopper (House)
Sponsors
- Charles Martin (R, HD-049)
Topics
- jails and detention facilities
- county sheriffs
- municipal government
- Capitol Police jurisdiction