36-12-5. Final disposition of deceased indigent individuals.

(a) Whenever any individual dies in this state and the decedent, his or her family, and his or her immediate kindred are indigent and unable to provide for the decedent’s decent interment, cremation, or other final disposition, the governing authority of the county where the death occurred shall make available from county funds a sum sufficient to provide a decent interment, cremation, or other final disposition of the deceased indigent individual or to reimburse such individual’s immediate kindred as may have expended the cost of such decent internment, cremation, or other final disposition voluntarily, the exact amount thereof to be determined by the governing authority of the county but shall not exceed the lesser of the actual costs of interment, cremation, or other final disposition. (b) The Department of Corrections is authorized to reimburse the governing authority of the county where expenditures have been made in accordance with this Code section for the burial, cremation, or other final disposition of any inmate under the authority, jurisdiction, or control of the Department of Corrections; provided, however, that in no case shall the governing authority of the county be entitled to reimbursement where the decedent was in the custody of a county correctional institution or other county correctional facility.