42-5-51.1. Retention of inmate in state penal institution pending trial on offense committed while in confinement.

When an inmate of the state penal system is charged with a misdemeanor or felony alleged to have been committed by such inmate within the confines of a state correctional institution and has been denied bond relating to such charge, the sheriff of the county in which such charge is pending may request that such inmate remain in the custody of the department after the sentence for which the department has jurisdiction over the inmate has been served and until adjudication of such charge. The commissioner, in consultation with the warden or superintendent of the institution where such inmate is housed, shall make a determination regarding the retention of custody and shall notify such sheriff of his or her determination within 36 hours of such request. In making such a determination, the commissioner shall consider the space available in the institution, the potential safety benefits of retaining such inmate, and any other factors he or she deems relevant for making such determination.#

No request pursuant to subsection (a) of this Code section shall be considered by the commissioner unless the inmate is housed in an institution located in the county in which the offense is alleged to have occurred.#

No inmate who remains in a state correctional institution pursuant to a request granted under subsection (a) of this Code section shall be transferred to a correctional institution located outside the county which made such request unless the commissioner determines such transfer is necessary for the inmate’s physical or mental health.#