O.C.G.A.

O.C.G.A. § 17-7-1 (2019)

Jailing of prisoners where no jail in county or when deemed necessary by sheriff; fees and costs; authority to levy and collect tax

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

Find cases: SyfertCases citing this section GA-LEGlegis.ga.gov (official) JustiaJustia CornellLII Search CasesGoogle Scholar

When there is no secure jail in a county or when it is deemed necessary by the sheriff, any person committing an offense in the county may be sent to a jail in another county determined to be suitable by the sheriff. The county where the offense is committed shall be primarily liable for jail fees and costs and shall pay the same monthly in advance to the county holding the prisoner. For the purpose of raising funds to pay the costs, the county governing authority may levy and collect an additional tax.

History

Ga. L. 1865-66, p. 40, §§ 1-3; Code 1868, § 4642; Code 1873, § 4740; Code 1882, § 4740; Penal Code 1895, § 920; Penal Code 1910, § 945;

Code 1933, § 27-416; Ga. L. 1995, p. 291, § 1.

Annotations

Cross references. - Jails generally, T. 42, C. 4.

JUDICIAL DECISIONS Sheriff, not judge, has the authority to transfer a prisoner awaiting trial to a jail in another county, and then only when the jail in the county where the prisoner is confined is in an unsafe condition. Howington v. Wilson, 213 Ga. 664, 100 S.E.2d 726 (1957). Liability for medical attention. - County which sends a prisoner to another

county for safekeeping is liable to the county in which the prisoner is confined for medical attention to the prisoner. Talbot County v. Mansfield, 115 Ga. 766, 42 S.E. 72 (1902). Cited in Brand v. State, 258 Ga. 378, 369 S.E.2d 896 (1988).

RESEARCH REFERENCES Am. Jur. 2d. - 60 Am. Jur. 2d, Penal and Correctional Institutions, §§ 7 et seq., 22 et seq.

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 1988–2021 · leading case: Brand v. State, 369 S.E.2d 896 (Ga. 1988).

Sort: Relevance Newest Treatment

Brand v. State, 369 S.E.2d 896 (Ga. 1988). · cites it 2× “However, he filed no demand under OCGA § 17-7-1. Nor was he denied his Sixth Amendment right to a speedy trial.”

Willie Santonio Manders v. Thurman Lee, 338 F.3d 1304 (11th Cir. 2002). · cites it 2× “” O.C.G.A. § 17-7-1. 32 Given sheriffs’ significant corrections role for state offenders, the State further requires sheriffs to keep detailed records of persons committed to county jails.”

Billy Edgar Murrell v. State (Ga. Ct. App. 2021). · cites it 2× “9 Even so, the State appears to hinge the trial court’s jurisdiction to consider its motion to clarify Murrell’s sentence on OCGA § 17-7-1 (5),13 OCGA § 17-17-13,14 and a statement from an attorney with the Department of Corrections that it needed something in writing that would…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.