---
title: HB 997. Penal institutions; limit time that Department of Community Supervision can hold certain inmates in a county facility
collection: bills
id: 2025-2026/hb997
cite_as: HB 997, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb997
md_url: https://georgiacommons.org/bills/2025-2026/hb997.md
text_url: https://georgiacommons.org/bills/2025-2026/hb997/text
source_url: https://www.legis.ga.gov/legislation/72276
date: 2026-03-03
status: introduced
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/bills/2025-2026.md
previous: https://georgiacommons.org/bills/2025-2026/hb996.md
next: https://georgiacommons.org/bills/2025-2026/hb998.md
index: https://georgiacommons.org/bills/index.md
omitted: votes and history
omitted_chars: 199
omitted_url: https://georgiacommons.org/bills/2025-2026/hb997.md?full=1
bill_number: HB 997
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2026-01-15
last_action: House Committee Favorably Reported By Substitute
sponsors:
  - Rob Leverett
  - James Burchett
  - Clint Crowe
  - Danny Mathis
  - Angie O'Steen
  - Bill Hitchens
text_version: Comm Sub
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB997/2025
upstream_id: 2083499
summaries_model: claude-sonnet-5
topic_tags:
  - county jails
  - probation and parole
  - prison reimbursement
  - criminal justice
  - sheriffs and law enforcement
---

# HB 997. Penal institutions; limit time that Department of Community Supervision can hold certain inmates in a county facility

## Text

The House Committee on Judiciary, Non Civil offers the following substitute to HB 997:
A BILL TO BE ENTITLED
AN ACT
To amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions,
so as to limit the time that Department of Community Supervision can hold certain inmates
in a county facility; to prohibit courts or Department of Community Supervision from
requiring sheriffs, wardens, or chiefs of police to transport probationers to certain facilities;
to increase the amount of reimbursement paid to counties by the Department of Corrections
and the State Board of Pardons and Paroles for housing inmates; to provide revised time
periods for when such reimbursement begins and ends; to prohibit certain inmates from
serving sentences in a county facility following conviction, revocation of probation, or
revocation of parole; to provide for exceptions; to provide for related matters; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended
by revising Code Section 42-3-113, relating to system of administrative sanctions, as follows:
"42-3-113.
(a) DCS shall be authorized to establish by rules and regulations a system of administrative
sanctions as an alternative to judicial modifications or revocations for probationers who
violate the terms and conditions of the sentencing options system established under this
article. DCS may not, however, sanction probationers for violations of special conditions
of probation or general conditions of probation for which the sentencing judge has
expressed an intention that such violations be heard by the court pursuant to Code
Section 42-8-34.1.
(b) DCS shall only impose restrictions which are equal to or less restrictive than the
sanction cap set by the sentencing judge.
(c) The administrative sanctions which may be imposed by DCS are as follows, from most
restrictive to least restrictive:
(1) Probation detention center or residential substance abuse treatment facility;
(2) Probation boot camp;
(3) DCS day reporting center;
(4) Electronic monitoring;
(5) Community service; or
(6) Probation supervision.
(d) DCS may order offenders sanctioned pursuant to paragraphs (1) through (3) of
subsection (c) of this Code section to be held in <del>the local jail</del> <ins>custody at a county or
municipal jail, county correctional institution, or other county or municipal detention center
</ins> until transported to a designated <ins>state</ins> facility; <ins>provided, however, that such holding period
may not exceed 60 days unless expressly approved by the sheriff, warden, or chief of police
of such jail, correctional institution, or detention center. No sheriff, warden, or chief of
police of a county or municipal jail, county correctional institution, or other county or
municipal detention center shall be required by court order or by DCS rule or policy to
transport a probationer to a probation detention center, probation boot camp, or DCS day
reporting center."
</ins>
SECTION 2.
Said title is further amended by revising Code Section 42-5-50, relating to transmittal of
information on convicted persons, place of detention, payment for inmates not transferred
to the custody of the department, and notice in the event of convicted person free on bond
pending appeal, as follows:
"42-5-50.
(a) The clerk of the court shall notify the commissioner of a sentence within 30 working
days following the receipt of the sentence and send other documents set forth in this Code
section. Such notice shall be submitted electronically and shall contain the following
documents:
(1) A certified copy of the sentence;
(2) A complete history of the convicted person, including a certified copy of the
indictment, accusation, or both and such other information as the commissioner may
require;
(3) An affidavit of the custodian of such person indicating the total number of days the
convicted person was incarcerated prior to the imposition of the sentence. It shall be the
duty of the custodian of such person to transmit the affidavit provided for in this
paragraph to the clerk of the superior court within ten days following the date on which
the sentence is imposed;
(4) Order of probation revocation or tolling of probation; and
(5) A copy of the sentencing information report is required in all jurisdictions with an
options system day reporting center certified by the Department of Community
Supervision. The failure to provide the sentencing information report shall not cause an
increase in the 15 day time period for the department to assign the inmate to a
correctional institution as set forth in subsection (b) of this Code section.
All of the aforementioned documents shall be submitted on forms provided by the
commissioner. The commissioner shall file one copy of each such document with the State
Board of Pardons and Paroles within 30 working days of receipt of such documents from
the clerk of the court. Except where the clerk is on a salary, the clerk shall receive from
funds of the county the fee prescribed in Code Section 15-6-77 for such service.
(b) Within 15 days after the receipt of the information provided for in subsection (a) of this
Code section, the commissioner shall assign the convicted person to a correctional
institution designated by the commissioner in accordance with subsection (b) of Code
Section 42-5-51. It shall be the financial responsibility of the correctional institution to
provide for the picking up and transportation, under guard, of the inmate to the inmate's
assigned place of detention. <ins>No court shall order the county to transport the inmate to the
inmate's assigned place of detention; provided, however, that, if</ins> <del>If</del> the inmate is assigned
to a county correctional institution or other county facility, the county shall assume such
duty and responsibility.
(c) The state shall pay <del>for each such inmate not transferred to the custody of the
department from a county facility</del> <ins>the county</ins> the per diem rate <del>specified by subsection (c)
of Code Section 42-5-51</del> for each day the inmate remains in the <ins>physical</ins> custody of the
<del>county after the department receives the notice provided by subsection (a) of this Code
section</del> <ins>sheriff or warden as set forth in Code Section 42-5-51.
</ins> (d) In the event that the convicted person is free on bond pending the appeal of his or her
conviction, the notice provided for in subsection (a) of this Code section shall not be
transmitted to the commissioner until all appeals of such conviction have been disposed of
or until the bond shall be revoked."
SECTION 3.
Said title is further amended by revising Code Section 42-5-51, relating to jurisdiction over
certain misdemeanor offenders, designation of place of confinement of inmates,
reimbursement of county, and transfer of inmates to federal authority, as follows:
"42-5-51.
(a) The department shall have no authority, jurisdiction, or responsibility with respect to
misdemeanor offenders sentenced under paragraph (1) of subsection (a) of Code
Section 17-10-3 to confinement in the county or other jail, county correctional institution,
or such other places as counties may provide for maintenance of county inmates. The
county wherein <del>the</del> <ins>such</ins> sentence is imposed shall have the sole responsibility of executing
the sentence and of providing for the care, maintenance, and upkeep of the inmate while
serving such sentence; provided, however, that, where the sentencing judge certifies to the
department that the county facilities of that county are inadequate for maintaining female
inmates, any female inmate <ins>serving such sentence</ins> may be committed to the department to
serve her sentence in a state correctional institution, as may be directed by the department;
provided, further, that the delivery of the female inmates to the proper place of
incarceration shall be at the expense of the county of conviction.
(b) Where any person is convicted of any offense, misdemeanor, or felony and sentenced
to serve time in any penal institution in this state other than as provided in subsection (a)
of this Code section, he <ins>or she</ins> shall be committed to the custody of the commissioner who,
with the approval of the board, shall designate the place of confinement where the sentence
shall be served.
(c) After proper documentation is received from the clerk of the court <ins>as set forth in
subsection (a) of Code Section 42-5-50,</ins> the department shall have 15 days to transfer an
inmate under sentence to the place of confinement. <del>If the inmate is not transferred within
the 15 days, the
</del> <ins>(d)(1) The</ins> department shall reimburse the county, in a sum not less than <del>$7.50</del> <ins>$30.00
</ins> 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, <del>commencing 15 days after proper
documentation is received by the department from the clerk of the court</del> <ins>of the state
inmate in a county facility for the duration set forth in paragraph (2) of this subsection;
</ins>
provided, however, that, subject to an appropriation of funds, local governing authorities,
<ins>including but not limited to sheriffs,</ins> that have entered into memorandums of
understanding or agreement or that demonstrate continuous attempts to enter into
memorandums of understanding or agreement with the federal government under Section
287(g) of the federal Immigration and Nationality Act shall receive an additional payment
in the amount of 10 percent of the established rate paid for reimbursement for the
confinement of state inmates in local confinement facilities.
<ins>(2) Reimbursement under paragraph (1) of this subsection shall apply as follows:
(A) For an inmate sentenced to a term of incarceration in a correctional institution
under the jurisdiction of the commissioner or the board after conviction, the period of
such reimbursement shall begin on the date the order imposing such sentence is entered
by the court; and
(B) For an inmate sentenced to a term of incarceration in a correctional institution
under the jurisdiction of the commissioner or the board after revocation of probation,
the period of such reimbursement shall begin on the date the order revoking probation
and imposing such sentence is entered by the court.
(3) The period of reimbursement under this subsection shall terminate on the date such
inmate is transferred or released from the custody of the county jail, county correctional
institution, or such other place as the county may provide for maintenance of county
inmates. The county shall not be entitled to reimbursement for any days that the inmate
is not in the physical custody of any such jail, correctional institution, or detention center.
(e)</ins> The reimbursement provisions of this Code section shall <del>only</del> <ins>not</ins> apply to payment for
the incarceration of <del>felony inmates available for transfer to the department, except</del> 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.
<del>(d)(f)</del> Notwithstanding any language in the sentence as passed by the court, the
commissioner may designate as a place of confinement any available, suitable, and
appropriate state or county correctional institution in this state operated under the
jurisdiction or supervision of the department. The commissioner shall also have sole
authority to transfer inmates from one state or county correctional institution in this state
to any other such institution operated by or under the jurisdiction or supervision of or
approved by the board. Neither male nor female state inmates shall be assigned to serve
in any manner in a county jail unless they are participating in a state sponsored project and
have the approval of the commissioner and the sheriff or the jail administrator of the
county. Furthermore, the commissioner may transfer to the Attorney General of the United
States for confinement any inmate if it is determined that the custody, care, treatment,
training, or rehabilitation of the inmate has not been adequate or in the best interest of the
inmate or his fellow inmates. The commissioner is authorized to contract with the Attorney
General of the United States for the custody, care, subsistence, housing, treatment, training,
and rehabilitation of such inmates."
SECTION 4.
Said title is further amended by revising Code Section 42-9-49, relating to reimbursement
of counties for incarceration of persons arrested in accordance with Code Section 42-9-48,
as follows:
"42-9-49.
<ins>(a) Except as otherwise provided for in this Code section or by express agreement with the
sheriff or warden of a county jail, county correctional institution, or such other place as a
county may provide for maintenance of county inmates, no person who has been arrested
and incarcerated based on a felony parole warrant, or whose parole or conditional release
has been revoked by the board, shall serve his or her sentence or any remaining portion
thereof in any such jail, correctional institution, or detention center.
</ins>
<ins>(b)(1)</ins> After proper documentation is received from the county, the board shall reimburse
the county, <del>pursuant to rules and regulations adopted by the board</del> <ins>in a sum not less than
$30.00 per day per inmate</ins> and in <del>the</del> <ins>such an</ins> amount <ins>as may be</ins> appropriated for this
purpose by the General Assembly, for the cost of incarceration of any person who is
arrested pursuant to any warrant issued in accordance with Code Section 42-9-48 <ins>and
incarcerated in the county jail, county correctional institution, or such other place as the
county may provide for maintenance of county inmates for the duration set forth in
paragraph (2) of this subsection.
(2) Reimbursement under paragraph (1) of this subsection shall begin on the date the
inmate is arrested and incarcerated based on a felony parole warrant in the county jail,
county correctional institution, or such other place as the county may provide for
maintenance of county inmates.
(c)</ins> To the extent that funds are appropriated by the General Assembly for the purpose of
reimbursement of medical expenses, the board <del>may</del> <ins>shall</ins> reimburse counties for the cost
of medical services provided to persons so arrested.
<ins>(d)</ins> The liability of the board for such costs of incarceration shall begin when the person
is incarcerated and shall end <del>upon revocation of parole or conditional release of the person
</del> <ins>on the date such person is transferred or released from the custody of the county jail,
county correctional institution, or such other place as the county may provide for
maintenance of county inmates.
(e)</ins> This Code section shall apply only to cases in which the board's warrant is the sole
basis for incarceration."
SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.

## Summaries written by Georgia Commons

The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.

A House Judiciary substitute to HB997 would cap how long the Department of Community Supervision can hold probationers in county jails, bar courts from forcing sheriffs to transport inmates, and roughly quadruple the daily reimbursement counties get for housing state inmates.

### Plain-language summary

Currently county jails often hold state inmates, probation violators, and parole violators for extended periods while waiting on transfer to state facilities, and counties are reimbursed only $7.50 per day per inmate under Georgia law (O.C.G.A. Title 42). This bill changes several parts of that system. It limits the Department of Community Supervision (DCS) to holding sanctioned probationers in a county or municipal jail for no more than 60 days unless the local sheriff, warden, or police chief agrees to longer, and it says no court or DCS policy can force local law enforcement to transport probationers to state facilities.
The bill also raises the reimbursement rate the Department of Corrections and the State Board of Pardons and Paroles must pay counties for housing state inmates, from $7.50 to $30.00 per day, and changes when that reimbursement period starts and stops. It generally requires that people convicted, revoked from probation, or revoked from parole not serve their sentences in a county facility, with some exceptions, such as agreements with the sheriff or inadequate facilities for female inmates.

### What it does

- Caps DCS custody of sanctioned probationers in a county or municipal jail at 60 days unless the sheriff, warden, or police chief approves a longer hold.
- Bars courts and DCS from requiring sheriffs, wardens, or police chiefs to transport probationers to state facilities like probation detention centers.
- Raises the daily reimbursement rate the state pays counties for housing state inmates from $7.50 to $30.00 per inmate per day.
- Sets new start and end dates for when county reimbursement periods begin and terminate, tied to sentencing, revocation, or transfer dates.
- Generally prohibits felony parole violators from serving their sentence in a county jail unless there is an express agreement with the sheriff or warden.
- Requires the State Board of Pardons and Paroles to reimburse counties for medical expenses of arrested parole violators when funds are appropriated, changing 'may' to 'shall'.

### Who it affects

County sheriffs, jail administrators, and local governments that house state inmates and probationers; the Department of Community Supervision; the Department of Corrections; the State Board of Pardons and Paroles; and people who are on probation or parole and may be held in county facilities.

### Why it matters

Counties currently absorb much of the cost and logistical burden of holding state inmates and probationers awaiting transfer. Higher reimbursement rates and firmer time limits could ease strain on county jails and budgets, while restricting how long people can be held locally before moving to state custody.

### Key provisions

- Section 1 amends O.C.G.A. § 42-3-113 to limit DCS holds of sanctioned probationers in county facilities to 60 days absent sheriff approval and bars forced transport orders on local law enforcement.
- Section 2 amends O.C.G.A. § 42-5-50 to prevent courts from ordering counties to transport inmates and clarifies the state pays counties per diem while inmates remain in physical custody of the sheriff or warden.
- Section 3 amends O.C.G.A. § 42-5-51 to raise the reimbursement rate from $7.50 to $30.00 per day per inmate and to define precise start and end dates for reimbursement based on sentencing or probation revocation orders.
- Section 3 also states counties are not entitled to reimbursement for days an inmate is not in physical custody of a county facility.
- Section 4 amends O.C.G.A. § 42-9-49 to generally bar felony parole violators from serving sentences in county jails absent agreement with the sheriff, sets the $30.00 per day reimbursement rate, and requires (rather than permits) medical expense reimbursement.
- Section 5 repeals conflicting laws.

## Status

- Status: Introduced (2026-01-15)
- Last action: House Committee Favorably Reported By Substitute (2026-03-03)
- Sponsors: Rob Leverett, James Burchett, Clint Crowe, Danny Mathis, Angie O'Steen, Bill Hitchens
- Official page: https://www.legis.ga.gov/legislation/72276

> The history, votes, and amendments (199 characters) are at https://georgiacommons.org/bills/2025-2026/hb997.md?full=1