SB 7: Jails; certain municipal corporations make municipal detention facilities or jails available for use by a sheriff; require

Currently, Georgia law does not require a city that owns a detention facility or jail to share it with the county sheriff, even if the facility sits empty. Senate Bill 7 would add a new section to Georgia's jail laws (O.C.G.A. Title 42, Chapter 4) addressing this for municipalities located within the geographic area that falls under the jurisdiction of the Capitol Police Division of the Department of Public Safety, effectively covering areas near the State Capitol in Atlanta. Under the bill, if a sheriff asks to use such a municipal jail or detention facility, and the sheriff's office has enough appropriated funding to cover it, the municipal corporation must make the facility available for holding people in the sheriff's custody. This applies whether or not the facility is currently housing inmates. The municipality may charge the sheriff a fee, but that fee cannot exceed the municipality's actual cost of maintaining the facility. The law would take effect as soon as the Governor signs it or it becomes law without his signature.

• Requires certain municipal corporations near the State Capitol area to make their detention facilities or jails available to the county sheriff upon request.
• Applies the requirement even if the municipal jail is not currently holding any inmates.
• Conditions the requirement on the sheriff having sufficient funding already appropriated to cover the use of the facility.
• Allows the municipality to charge the sheriff a fee for use of the facility, but caps that fee at the municipality's actual maintenance cost.
• Sets the effective date as the date the Governor signs the bill or it otherwise becomes law without his signature.

Municipal corporations that own or operate detention facilities or jails within the Capitol Police Division's jurisdiction near the State Capitol, county sheriffs seeking jail space for people in their custody, and county governments that must budget for any fees charged.

Sheriffs facing jail overcrowding or facility shortages near the Capitol could gain access to municipal jail space they currently cannot require cities to share, though this only works if their office already has the money budgeted to pay for it.

• Section 1 adds new Code Section 42-4-17 to Georgia law, applying to municipal corporations with a detention facility or jail located within the jurisdiction area defined for the Capitol Police Division under O.C.G.A. § 35-2-122.
• Subsection (a) requires the municipality to place the facility at the sheriff's disposal upon request, provided the sheriff has sufficient appropriated funding, regardless of whether the facility currently holds inmates.
• Subsection (b) allows the municipality to charge the sheriff a fee for use of the facility but caps the fee at the municipality's actual cost of maintaining it.
• Section 2 sets the effective date as the date of the Governor's approval or the date the bill becomes law without his signature.
• Section 3 repeals any conflicting laws.

1. 2026-01-12Senate Recommitted (Senado)
2. 2025-02-10Senate Read Second Time (Senado)
3. 2025-02-06Senate Committee Favorably Reported (Senado)
4. 2025-01-15Senate Read and Referred (Senado)
5. 2025-01-14Senate Hopper (Senado)

• John Albers (R, SD-056)Patrocinador principal
• Randy Robertson (R, SD-029)
• Brandon Beach (R, SD-021)
• Shawn Still (R, SD-048)
• Chuck Payne (R, SD-054)
• Brian Strickland (R, SD-042)

• jails and detention facilities
• sheriffs
• local government
• Capitol Police jurisdiction
• public safety funding