06 LC 22
5983
Senate
Bill 477
By:
Senator Thompson of the 33rd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 2 of Title 42 of the Official Code of Georgia Annotated, relating
to the state board and department of corrections, so as to require notification
of the local government with jurisdiction over the site where the Department of
Corrections plans to construct, build, acquire, lease, locate, or contract for
the use of any of certain correctional institutions; to provide for a response
from the local government so notified; to provide that the department is not
authorized to proceed with plans for such correctional facility without consent
of the local government; to provide for related matters; to provide for an
effective date; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
2 of Title 42 of the Official Code of Georgia Annotated, relating to the state
board and department of corrections, is amended by inserting a new Code section
to be designated Code Section 42-2-15 to read as follows:
"42-2-15.
(a)
The department shall notify the county, municipal corporation, or consolidated
government that encompasses the geographic site where the department plans to
construct, build, acquire, lease, locate, or contract for the use of a new
correctional institution, work release center, detention center, or other
institution for holding persons who are in the custody of the department. For
cities and counties, the department shall notify the county if the site is
located in the unincorporated part of a county and shall notify the municipal
corporation if the site is located within the corporate limits of a municipal
corporation.
(b)
A local government that receives such a notification shall respond to the
department within 90 days of receipt of notification, and such response shall
indicate whether the governing authority of the local government has, by
majority vote, consented to the construction, building, acquisition, lease,
location, or contract for the use of an institution for holding persons who are
in the custody of the department within its geographic
jurisdiction.
(c)
The department is not authorized to proceed with plans for the construction,
building, acquisition, lease, location, or contract for the use of any
institution for holding persons who are in the custody of the department without
consent of the governing authority of the local government having jurisdiction
over the proposed
site."
SECTION
2.
This
Act shall become effective on July 1, 2006.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.