Title 42, Chapter 5, Section 53
( 42-5-53)
(a) Subject to the provisions stated in this Code section, any
county may purchase, rent, establish, construct, and maintain a
county correctional institution for the care and detention of all
inmates assigned to it by the department. The county may contract
with other counties relative to the joint care, upkeep, and working
of the inmates in such counties. Each county may pay its pro rata
share of such expenses by taxes assessed and levied as provided by
law. (b) All county correctional institutions established by the counties
as provided in subsection (a) of this Code section shall be subject
to supervision and control by the department, and the board shall
promulgate rules and regulations governing the administration and
operation thereof. (c)(1) Each county establishing a county correctional institution
which complies with the rules and requirements established by the
board and which is approved by the board shall receive a quota of
inmates in accordance with such methods of apportionment as may be
established by the board. (2) The department is authorized, pursuant to rules and
regulations adopted by the board, to pay funds, in an amount
appropriated by the General Assembly for the purposes specified in
paragraph (1) of this subsection, for each state inmate assigned
to a county correctional institution to the county operating the
facility. The amount so paid shall be determined on the basis of
an equal amount per day for each state inmate assigned to the
county correctional institution. (3) Each county is authorized to use the money paid to it pursuant
to paragraph (2) of this subsection for the operation and
maintenance of the county correctional institution or may use the
money so paid to supplant county funds or previous levels of
county funding for the county correctional institution. Following
a full hearing, the board is given the authority to withhold
payment or withdraw all inmates from any county correctional
institution which does not at any time meet or comply with the
rules, regulations, and requirements of the board or comply with
its directions. (d) In all cases in which an inmate is the sole responsibility of a
county and the board has no authority, jurisdiction, or
responsibility with respect to the sentence of the inmate, the
county may confine the inmate in a county correctional institution
established pursuant to this Code section. Counties without a county
correctional institution may contract with counties having a county
correctional institution to maintain the inmate. (e) Nothing in this Code section shall be construed to prohibit the board from withdrawing inmates from any county correctional institution which does not at any time comply with the rules and regulations of the board promulgated pursuant to Code Section 42-5-10 or from withdrawing inmates from any county correctional institution which does not at any time meet the requirements of the board or comply with its directives. For reasons other than the failure to comply with the rules, regulations, requirements, and directives, the board is authorized to withdraw all inmates under its jurisdiction from all county correctional institutions under the following conditions: (1) That such withdrawal shall include all inmates under the
jurisdiction of the board assigned to all county correctional
institutions and that the withdrawal shall be completed within one
year after the effective date of the beginning of the withdrawal; (2) That all county correctional institutions shall be notified at
least one year in advance of the effective date of the beginning
of the withdrawal; (3) That each county affected by the withdrawal shall have the
option of selling or leasing its county correctional institution
to the department, provided the State Institutions and Property
Committee of the House of Representatives and the Corrections,
Correctional Institutions and Property Committee of the Senate
shall certify to the department that the facility is suitable for
inmate housing and provided, further, that the sale price of the
facility or the lease rental payments for the facility shall be
determined by a board of three appraisers selected as follows: (A) One to be selected by the department; (B) One to be selected by the governing authority of the county;
and (C) The third to be selected by the other two appraisers; (4) That each county affected by the withdrawal shall have 30 days
from the date of the issuance of the notice required by paragraph
(2) of this subsection to notify the department that the facility
is to be sold to the department, the facility is to be leased to
the department, or the county will keep and maintain the facility
for its own use. If the department is not so notified within the
time limitation, the department shall be under no obligation to
lease or purchase the facility; (5) That if the county elects to sell or lease the facility, the
committees named in paragraph (3) of this subsection shall have 60
days from the time the department is notified of such decision in
which to inspect the facility and make its recommendations and
certification to the department; (6) That if any such facility is leased by the department, the
term of the lease, the requirements relative to the repair,
maintenance, and improvements of the facility by the county, and
the requirements relative to the renewal of the lease shall be as
agreed upon by the department and the governing authority of the
county; and (7) That the sales price or lease rental payments for each
facility and the requirements relative to the lease contract when
the facility is leased shall be determined within six months after
the issuance of the notice of the effective date of the beginning
of the withdrawal required by paragraph (2) of this subsection and
that, if they are not determined within the time limitation, the
department shall be under no obligation to lease or purchase the
facility. |