Bill Text: GA SB385 | 2009-2010 | Regular Session | Engrossed
Bill Title: Detention; counties demonstrate use of federal Dept. of Homeland Security's Secure Communities initiative; funding for housing state inmates
Spectrum: Partisan Bill (Republican 6-0)
Status: (Engrossed - Dead) 2010-03-30 - House Second Readers [SB385 Detail]
Download: Georgia-2009-SB385-Engrossed.html
10 LC 28 5166S
(SCS)
Senate
Bill 385
By:
Senators Wiles of the 37th, Rogers of the 21st, Chance of the 16th, Balfour of
the 9th, Hill of the 32nd and others
AS
PASSED
SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 3 of Chapter 5 of Title 42 of the Official Code of Georgia
Annotated, relating to conditions of detention generally, so as to provide that
counties that can demonstrate constant use of the federal Department of Homeland
Security's Secure Communities initiative or have entered into memorandums of
agreement with the federal government under Section 287(g) of the federal
Immigration and Nationality Act shall receive additional funding for housing
state inmates; to provide for funding contingency; to provide for related
matters; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating
to conditions of detention generally, is amended by revising subsection (c)
of Code Section 42-5-51, relating to reimbursement of counties for housing
certain inmates, as follows:
"(c)
After proper documentation is received from the clerk of the court, the
department shall have 15 days to transfer an inmate under sentence to the place
of confinement. If the inmate is not transferred within the 15 days, the
department will reimburse the county, in a sum not less than $7.50 per day per
inmate and in such an amount as may be appropriated for this purpose by the
General Assembly, for the cost of the incarceration, commencing 15 days after
proper documentation is received by the department from the clerk of the
court;
provided, however, that counties that can demonstrate constant use of the
federal Department of Homeland Security's Secure Communities initiative or any
similar replacement federal program shall receive 110 percent of the usual rate
paid to counties that do not use such federal initiative or program if the
General Assembly appropriates funds for such purpose in the budget for the
department; and provided, further, that counties that have entered into
memorandums of agreement with the federal government under Section 287(g) of the
federal Immigration and Nationality Act to identify, process, and detain
immigration offenders shall receive 120 percent of the usual rate paid to
counties that have not entered into such memorandums of agreement if the General
Assembly appropriates funds for such purpose in the budget for the
department. The reimbursement provisions
of this Code section shall only apply to payment for the incarceration of felony
inmates available for transfer to the department, except inmates under death
sentence awaiting transfer after their initial trial, and shall not apply to
inmates who were incarcerated under the custody of the commissioner at the time
they were returned to the county jail for trial on additional charges or
returned to the county jail for any other purposes, including for the purpose of
a new trial."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.
