Title 42, Chapter 4, Section 12
( 42-4-12)
Except as otherwise provided in this Code section, any sheriff,
constable, keeper of a jail, or other officer whose duty it is to
receive persons charged with or guilty of an indictable offense who
refuses to receive and take charge of such a person shall, upon
conviction thereof, be guilty of a misdemeanor and shall be punished
by a fine of not more than $1,000.00. A sheriff, constable, keeper
of a jail, or other officer whose duty it is to receive persons
charged with or guilty of an indictable offense shall be authorized
to refuse acceptance of any person who has not received medical
treatment for obvious physical injuries or conditions of an
emergency nature. Upon such refusal, it shall be the responsibility
of the arresting agency to take the individual to a health care
facility or health care provider in order to secure a medical
release. Upon medical release by the health care facility or health
care provider, the sheriff, constable, or keeper of the jail must
assume custody of the individual; provided, however, that in all
cases the sheriff, constable, or keeper of the jail must assume
custody where no health care facility is located in the county in
which the arrest occurred and, in such instances, the governing
authority of the arresting agency shall pay all costs related to the
medical release. |