Title 15, Chapter 16, Section 3
( 15-16-3)
(a) Intent. The General Assembly declares it to be the purpose of
this Code section to promote the orderly transfer of the law
enforcement power of the several counties of this state in
connection with the expiration of the term of office of the sheriff
and the taking of office of the newly elected sheriff. The interest
of the State of Georgia requires that such transitions in the office
of the sheriff be accomplished so as to assure continuity in the
conduct of the peace-keeping functions of the several counties of
this state. Any disruption occasioned by the transfer of the law
enforcement power to a person not properly versed and trained in law
enforcement and the operations of the office of sheriff is declared
to be detrimental to the safety and well-being of the citizens of
the several counties of this state and of the entire state.
Accordingly, it is the intent of the General Assembly that
appropriate training be required of sheriffs who are newly elected
so as to avoid or minimize any disruption in the performance of the
duties and responsibilities or the authority of the sheriffs of the
several counties of this state. This training shall be generally
devoted to contemporary law enforcement, investigation, judicial
process, and correction practices and specifically shall be germane
to the duties and operational functions of the office of sheriff in
the several counties of this state. Further, the purpose of this
Code section is to promote professionalism within the office of
sheriff by ensuring the highest possible quality of law enforcement
training is offered to each sheriff on an annual basis. Accordingly,
it is the intent of the General Assembly that appropriate ongoing
training be required of all sheriffs. This training shall be
generally devoted to contemporary law enforcement, investigation,
judicial process, and corrections practices and specifically shall
be germane to the duties and operational functions of the office of
sheriff in the several counties of this state. (b) Sheriffs-elect specialized training. Any person elected to the
office of sheriff in a county of this state who was not serving as a
duly elected or appointed sheriff on or before July 1, 1976, shall
enroll in, attend, and successfully complete a course of
sheriffs-elect specialized training and instruction established and
provided by the Georgia Sheriffs' Association with the assistance of
the Georgia Public Safety Training Center. Such course of
instruction shall be held every four years at a time to be
designated by the Georgia Sheriffs' Association. Any newly elected
sheriff who is unable to attend such training course when it is
offered because of medical disability or providential cause shall,
within one year from the date such disability or cause terminates,
complete a course of instruction as determined by the Georgia
Sheriffs' Association and approved by the Georgia Peace Officer
Standards and Training Council. Any newly elected sheriff who does
not fulfill the obligations of this subsection shall lose his or her
power of arrest. (c) Compensation. A newly elected sheriff who enrolls in and attends
a course of training and instruction as described in subsection (b)
of this Code section shall be paid compensation for his or her
attendance on a weekly basis at the successful completion of each
week's training. The compensation shall be paid by the Georgia
Sheriffs' Association using funds appropriated by the state for such
purpose or from federal funds available for such purpose. The
compensation shall be in an amount equal to a proportionate part of
the annual salary to be received by the new sheriff of the least
populated county in this state for each week spent in attendance at
the course of training and instruction. For the purposes of this
Code section, five days of training and instruction shall be
considered one week. (d) Costs. The cost of training, housing, travel, and meals
appropriate to the course of training and instruction shall be paid
by the Georgia Sheriffs' Association from state funds appropriated
for such purpose or from federal funds available for such purpose. (e) Annual training. (1) From and after July 1, 1997, no person shall be eligible to
hold the office of sheriff unless he or she attends a minimum of
20 hours' training annually as may be selected by the Georgia
Sheriffs' Association. (2) The basis for the minimum annual requirement of in-service
training shall be the calendar year. Sheriffs who satisfactorily
complete the sheriffs-elect specialized training in accordance
with the provisions of this Code section after April 1 in any
calendar year shall be excused from the minimum annual training
requirement for the calendar year during which the sheriffs-elect
specialized training course is completed. (3) A waiver of the requirement of minimum annual in-service
training may be granted by the Georgia Peace Officer Standards and
Training Council, in its discretion, upon the presentation of
evidence by a sheriff that he or she was unable to complete such
training due to medical disability, providential cause, or other
reason deemed sufficient by the council. (4) Any person who fails to complete the minimum annual in-service
training required under this Code section and who has not received
a waiver of such requirement pursuant to paragraph (3) of this
subsection shall not perform any of the duties of sheriff
involving the power of arrest until such training shall have been
successfully completed. In addition, the Governor may suspend
from office without pay for a period of 90 days any sheriff who
fails to complete the minimum annual in-service training required
under this Code section. The probate judge of the county of the
sheriff's residence shall appoint a person who meets the
qualifications for sheriff pursuant to this Code section to assume
the duties and responsibilities of the office of sheriff during
any such period of suspension. |