Title 42, Chapter 5, Section 51
( 42-5-51)
(a) The department shall have no authority, jurisdiction, or responsibility with respect to misdemeanor offenders sentenced under paragraph (1) of subsection (a) of Code Section 17-10-3 to confinement in the county or other jail, county correctional institution, or such other places as counties may provide for maintenance of county inmates. The county wherein the sentence is imposed shall have the sole responsibility of executing the sentence and of providing for the care, maintenance, and upkeep of the inmate while serving such sentence; provided, however, that, where the sentencing judge certifies to the department that the county facilities of that county are inadequate for maintaining female inmates, any female inmate may be committed to the department to serve her sentence in a state correctional institution, as may be directed by the department; provided, further, that the delivery of the female inmates to the proper place of incarceration shall be at the expense of the county of conviction. (b) Where any person is convicted of any offense, misdemeanor, or
felony and sentenced to serve time in any penal institution in this
state other than as provided in subsection (a) of this Code section,
he shall be committed to the custody of the commissioner who, with
the approval of the board, shall designate the place of confinement
where the sentence shall be served. (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. 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. (d) Notwithstanding any language in the sentence as passed by the
court, the commissioner may designate as a place of confinement any
available, suitable, and appropriate state or county correctional
institution in this state operated under the jurisdiction or
supervision of the department. The commissioner shall also have sole
authority to transfer inmates from one state or county correctional
institution in this state to any other such institution operated by
or under the jurisdiction or supervision of or approved by the
board. Neither male nor female state inmates shall be assigned to
serve in any manner in a county jail unless they are participating
in a state sponsored project and have the approval of the
commissioner and the sheriff or the jail administrator of the
county. Furthermore, the commissioner may transfer to the Attorney
General of the United States for confinement any inmate if it is
determined that the custody, care, treatment, training, or
rehabilitation of the inmate has not been adequate or in the best
interest of the inmate or his fellow inmates. The commissioner is
authorized to contract with the Attorney General of the United
States for the custody, care, subsistence, housing, treatment,
training, and rehabilitation of such inmates. |