| 1 | 1 | | 25 LC 47 3188 |
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| 2 | 2 | | Senate Bill 7 |
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| 3 | 3 | | By: Senators Albers of the 56th, Robertson of the 29th, Beach of the 21st, Still of the 48th, |
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| 4 | 4 | | Payne of the 54th and others |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | To amend Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, |
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| 8 | 8 | | 1 |
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| 9 | 9 | | relating to general provisions regarding jails, so as to require that certain municipal2 |
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| 10 | 10 | | corporations make municipal detention facilities or jails available for use by a sheriff under3 |
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| 11 | 11 | | certain conditions; to provide for fee and fee cap; to provide for related matters; to provide4 |
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| 12 | 12 | | for an effective date; to repeal conflicting laws; and for other purposes.5 |
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| 13 | 13 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 |
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| 14 | 14 | | SECTION 1.7 |
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| 15 | 15 | | Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to8 |
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| 16 | 16 | | general provisions regarding jails, is amended by adding a new Code section to read as9 |
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| 17 | 17 | | follows:10 |
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| 18 | 18 | | "42-4-17. |
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| 19 | 19 | | 11 |
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| 20 | 20 | | (a) Any municipal corporation that owns or operates a municipal detention facility or jail12 |
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| 21 | 21 | | located within the radius provided for in subsection (a) of Code Section 35-2-122 as the13 |
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| 22 | 22 | | jurisdiction of the Capitol Police Division of the Department of Public Safety, regardless14 |
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| 23 | 23 | | of whether or not such municipal detention facility or jail is actively incarcerating inmates,15 |
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| 24 | 24 | | shall, at the request of the sheriff of the county where such municipal detention facility or16 |
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| 25 | 25 | | jail is located, and provided that sufficient funding has been appropriated to such sheriff,17 |
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| 26 | 26 | | S. B. 7 |
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| 27 | 27 | | - 1 - 25 LC 47 3188 |
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| 28 | 28 | | place such municipal detention facility or jail at the disposal of such sheriff for use in the18 |
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| 29 | 29 | | detention of persons placed in the custody of such sheriff.19 |
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| 30 | 30 | | (b) In the event that a sheriff requests the use of a municipal detention facility or jail20 |
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| 31 | 31 | | pursuant to subsection (a) of this Code section, the municipal corporation may charge such21 |
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| 32 | 32 | | sheriff a fee for the use of such municipal detention facility or jail; provided, however, that22 |
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| 33 | 33 | | in no event shall such fee exceed the actual cost incurred by such municipal corporation23 |
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| 34 | 34 | | in maintaining such municipal detention facility or jail."24 |
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| 35 | 35 | | SECTION 2.25 |
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| 36 | 36 | | This Act shall become effective upon its approval by the Governor or upon its becoming law26 |
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| 37 | 37 | | without such approval.27 |
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| 38 | 38 | | SECTION 3.28 |
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| 39 | 39 | | All laws and parts of laws in conflict with this Act are repealed.29 |
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| 40 | 40 | | S. B. 7 |
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| 41 | 41 | | - 2 - |
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