---
title: SB 286. Courts and Penal Institutions; substance abuse programs and mental health treatment programs in county and municipal jails for inmates; provide
collection: bills
id: 2025-2026/sb286
cite_as: SB 286, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/sb286
md_url: https://georgiacommons.org/bills/2025-2026/sb286.md
text_url: https://georgiacommons.org/bills/2025-2026/sb286/text
source_url: https://www.legis.ga.gov/legislation/70898
date: 2025-02-27
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.
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omitted: votes and history
omitted_chars: 95
omitted_url: https://georgiacommons.org/bills/2025-2026/sb286.md?full=1
bill_number: SB 286
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: Senate
bill_type: bill
status_date: 2025-02-26
last_action: Senate Read and Referred
sponsors:
- Donzella James
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/SB286/2025
upstream_id: 1986161
summaries_model: claude-sonnet-5
topic_tags:
- jail reform
- substance abuse treatment
- mental health courts
- drug courts
- criminal justice
---
# SB 286. Courts and Penal Institutions; substance abuse programs and mental health treatment programs in county and municipal jails for inmates; provide
## Text
Senate Bill 286
By: Senator James of the 28th
A BILL TO BE ENTITLED
AN ACT
To amend Titles 15 and 42 of the Official Code of Georgia Annotated, relating to courts and
penal institutions respectively, so as to provide for substance abuse programs and mental
health treatment programs in county and municipal jails for inmates and applicants to such
programs; to provide for drug court divisions and mental health court divisions to establish
procedures for voluntary admission into such programs; to provide for rules and regulations;
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 15 of the Official Code of Georgia Annotated, relating to courts, is amended by adding
new Code sections to Chapter 1, relating to general provisions, to read as follows:
"15-1-15.1.
(a) Drug court divisions shall create petitions and establish procedures for inmates and
applicants to voluntarily enter into substance abuse programs in county and municipal jails
created pursuant to Code Section 42-4-52.
(b) Upon acceptance of such petition, a drug court division shall order the petitioner to
participate in the substance abuse program created pursuant to Code Section 42-4-52. The
successful completion of the program shall be determined pursuant to the criteria
established in Code Section 15-1-15."
"15-1-16.1.
(a) Mental health court divisions shall create petitions and establish procedures for inmates
and applicants to voluntarily enter into mental health treatment programs in county and
municipal jails created pursuant to Code Section 42-4-52.
(b) Upon acceptance of such petition, a mental health court division shall order the
petitioner to participate in the mental health treatment program created pursuant to Code
Section 42-4-52. The successful completion of the program shall be determined pursuant
to the criteria established in Code Section 15-1-16."
SECTION 2.
Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended
by adding a new Code section to Article 3 of Chapter 4, relating to medical services for
inmates, to read as follows:
"42-4-52.
(a) County and municipal jails may establish substance abuse programs and mental health
treatment programs for inmates and applicants from drug court divisions and mental health
court divisions to voluntarily enter into such programs pursuant to the rules and regulations
of the Department of Corrections.
(b) The Department of Corrections shall promulgate rules and regulations necessary to
establish substance abuse programs and mental health treatment programs in the county
and municipal jails that opt into such programs and shall establish minimum standards for
such programs."
SECTION 3.
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 Georgia Senate bill would let county and municipal jails set up voluntary substance abuse and mental health treatment programs for inmates, run through drug court and mental health court referrals.
### Plain-language summary
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.
### What it does
- 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.
### Who it affects
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.
### Why it matters
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.
### Key provisions
- 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.
## Status
- Status: Introduced (2025-02-26)
- Last action: Senate Read and Referred (2025-02-27)
- Sponsors: Donzella James
- Official page: https://www.legis.ga.gov/legislation/70898
> The history, votes, and amendments (95 characters) are at https://georgiacommons.org/bills/2025-2026/sb286.md?full=1