31-1-8. Notice of proposed special facility.

Active

Current through: Including Acts of the 2025 Session of the General Assembly of Georgia.

(a)
As used in this Code section, the term “special facility” means any of the following facilities:#
1. (1)
  A facility utilized for the diagnosis, care, treatment, or hospitalization of persons who are alcoholics, drug dependent individuals, or drug abusers as defined in Code Section 37-7-1; or#
2. (2)
  A facility operated by the Department of Human Services and used for the treatment and residence of delinquent children, provided that such facility affords secure custody.#
(b)
At least 30 days prior to the expenditure of state funds for any new or additional special facility by the Department of Behavioral Health and Developmental Disabilities or the Department of Human Services or an agency or board of health contracting with the Department of Behavioral Health and Developmental Disabilities or the Department of Human Services, such department or such agency or board shall notify the governing authority of the county and any municipality wherein the special facility is to be located and each member of the General Assembly whose Senate or House district includes any part of the property upon which the facility is to be located. Such notification shall include a description of the proposed special facility, including its proposed location, the category of patients or persons to be confined therein, and the maximum number of patients or persons to be so confined. The Department of Behavioral Health and Developmental Disabilities or the Department of Human Services shall include such requirements in all departmental contracts entered into with such boards or agencies.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 31-1-8, enacted by Ga. L. 1992, p. 2120, § 1; Ga. L. 2025, p. 1029, § 31(2)/SB 153, effective July 1, 2025.

Amendments

The 2025 amendment, effective July 1, 2025, part of an Act to revise, modernize, and correct the Code, substituted “As used in” for “For the purposes of” in subsection (a); substituted “drug abusers as defined in” for “drug users as defined in paragraph (11) of” in paragraph (a)(1); and substituted “provided that such” for “provided such” in paragraph (a)(2).

Code Commission notes

Pursuant to Code Section 28-9-5, in 2009, in paragraph (a)(2), “Department of Human Services” was substituted for “department”, and, in subsection (b), “Department of Behavioral Health and Developmental Disabilities or the Department of Human Services” was substituted for “Department of Human Resources” three times, and “such department” was substituted for “the department” in the first sentence.

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Current through: Including Acts of the 2025 Session of the General Assembly of Georgia.

Text read from t31-(v23)-2025-pdf.pdf, Volume V23, 2025 edition, pages 29 to 30; merge action: bound only; file SHA-256 ba5a57f85d04.

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