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03 LC 18 2243
House Bill
143
By: Representatives Day of the 126th and Stephens of the 123rd
By: Representatives Day of the 126th and Stephens of the 123rd
A BILL TO BE
ENTITLED
AN ACT
AN ACT
To amend Code Section 42-5-53 of the Official Code of
Georgia Annotated, relating to establishment of county correctional
institutions, so as to change certain provisions regarding payments to counties
operating correctional institutions to which state prisoners are assigned; to
repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Code Section 42-5-53 of the Official Code of Georgia
Annotated, relating to establishment of county correctional institutions, is
amended by striking subsection (c) and inserting in its place a new subsection
(c) to read as
follows:
"(c)(1) Each county establishing a county correctional institution which complies with the rules and requirements established by the board and which is approved by the board shall receive a quota of inmates in accordance with such methods of apportionment as may be established by the board.
(2) The department is authorized, pursuant to rules and regulations adopted by the board, to pay funds, in an amount appropriated by the General Assembly for the purposes specified in paragraph (1) of this subsection, for each state inmate assigned to a county correctional institution to the county operating the facility.The Except as otherwise provided in paragraph (4)
of this subsection, the amount so paid shall be determined on the basis of
an equal amount per day for each state inmate assigned to the county
correctional institution.
"(c)(1) Each county establishing a county correctional institution which complies with the rules and requirements established by the board and which is approved by the board shall receive a quota of inmates in accordance with such methods of apportionment as may be established by the board.
(2) The department is authorized, pursuant to rules and regulations adopted by the board, to pay funds, in an amount appropriated by the General Assembly for the purposes specified in paragraph (1) of this subsection, for each state inmate assigned to a county correctional institution to the county operating the facility.
(3) Each county is authorized to use the money paid to it
pursuant to paragraph (2) of this subsection for the operation and maintenance
of the county correctional institution or may use the money so paid to supplant
county funds or previous levels of county funding for the county correctional
institution. Following a full hearing, the board is given the authority to
withhold payment or withdraw all inmates from any county correctional
institution which does not at any time meet or comply with the rules,
regulations, and requirements of the board or comply with its
directions.
(4) In the event the department maintains a vacancy rate of 5 percent or more in state correctional facilities, then the equivalent amount of inmate assignments attributable to the amount of such vacancy rate which exceeds 3 percent shall be allocated pro rata to each county housing state inmates. The department shall pay to each such county the actual per day cost of each such state inmate assigned to a county correctional institution."
(4) In the event the department maintains a vacancy rate of 5 percent or more in state correctional facilities, then the equivalent amount of inmate assignments attributable to the amount of such vacancy rate which exceeds 3 percent shall be allocated pro rata to each county housing state inmates. The department shall pay to each such county the actual per day cost of each such state inmate assigned to a county correctional institution."
SECTION 2.
All laws and parts of laws in conflict with this Act are
repealed.