HB1482: HB1482 Jails; certain municipal corporations make municipal detention facilities or jails available for use by a sheriff under certain conditions; require

26 LC 62 0446 House Bill 1482 By: Representative Martin of the 49th A BILL TO BE ENTITLED AN ACT To amend Article 1 of Chapter 4 of Title 42 of the Official Cod e of Georgia Annotated,1 relating to general provisions regarding jails, so as to requir e that certain municipal2 corporations make municipal detention facilities or jails available for use by a sheriff under3 certain conditions; to provide for fee and fee cap; to provide for related matters; to provide4 for an effective date; to repeal conflicting laws; and for other purposes.5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 SECTION 1.7 Article 1 of Chapter 4 of Title 42 of the Official Code of Geor gia Annotated, relating to8 general provisions regarding jails, is amended by adding a new Code section to read as9 follows:10 "42-4-17.11 (a) Any municipal corporation that owns or operates a municipal detention facility or jail12 located within the radius provided for in subsection (a) of Code Section 35-2-122 as the13 jurisdiction of the Capitol Police Division of the Department of Public Safety, regardless14 of whether or not such municipal detention facility or jail is actively incarcerating inmates,15 shall, at the request of the sheriff of the county where such municipal detention facility or16 H. B. 1482 - 1 - 26 LC 62 0446 jail is located, and provided that sufficient funding has been appropriated to such sheriff,17 place such municipal detention facility or jail at the disposal of such sheriff for use in the18 detention of persons placed in the custody of such sheriff.19 (b) In the event that a sheriff requests the use of a municipa l detention facility or jail20 pursuant to subsection (a) of this Code section, the municipal corporation may charge such21 sheriff a fee for the use of such municipal detention facility or jail; provided, however, that22 in no event shall such fee exceed the actual cost incurred by s uch municipal corporation23 in maintaining such municipal detention facility or jail."24 SECTION 2.25 This Act shall become effective upon its approval by the Governor or upon its becoming law26 without such approval.27 SECTION 3.28 All laws and parts of laws in conflict with this Act are repealed.29 H. B. 1482 - 2 -