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2002 Georgia Attorney General Reports and Opinions 1 (2002)

handle is hein.sag/sagga0036 and id is 1 raw text is: prnrtment of PIin THURBERt E. BAKER 40 CAPITOL SQUARE SW ATTORNEY GENERAL ATLANTA. GA 10334.1,00 OFFICIAL OPINION 2002-1 To: Commissioner March 18, 2002 Georgia Department of Corrections Re: The reimbursement provisions of O.C.G.A. § 42-5-51(c) do not apply to probationers awaiting transfer to probation detention centers or probation diversion centers. You have requested my opinion whether the reimbursement provisions of O.C.G.A. § 42-5-51(c) require the Department of Corrections (hereinafter Department) to reimburse counties that maintain physical custody of persons who are awaiting transfer to either a state probation detention center or probation diversion center. It is my opinion that the reimbursement provisions of O.C.G.A. § 42-5-51(c) are not applicable to probationers awaiting transfer to probation detention or diversion centers. In considering this issue, it is helpful to review the ministerial process that occurs after a convicted defendant has been sentenced to a period of incarceration. Within 30 days of an inmate's being sentenced to incarceration, the clerk of the sentencing court is to forward certain sentencing-related documents to the Commissioner of the Department. O.C.G.A. § 42-5-50(a). After receipt of these documents, the Commissioner has 15 days to assign the inmate to one of the Department's institutions. O.C.G.A. § 42-5-50(b). However, while assignment occurs within 15 days of receipt of the sentencing documents from the clerk, actual physical custody of the inmate will continue with the county or other local jail until the inmate is picked up by the Department. When the picking up of inmates sentenced to incarceration is delayed, the following relevant portions of O.C.G.A. § 42-5-51(c) are applicable regarding reimbursement to the county for the cost of the extended local incarceration: 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. (Emphasis added.) Thus, by the express terms of the reimbursement statute, and depending upon the funds the General Assembly has appropriated for that purpose, the Department must reimburse a county

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