O.C.G.A.

O.C.G.A. § 31-1-8 (2019)

Notice of proposed special facility

✓ 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.

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(a) For the purposes of this Code section, the term ‘‘special facility’’ means any of the following facilities:

(1) A facility utilized for the diagnosis, care, treatment, or hospitalization of persons who are alcoholics, drug dependent individuals, or drug users as defined in paragraph (11) of Code Section 37-7-1; or

(2) A facility operated by the Department of Human Services and used for the treatment and residence of delinquent children, provided such facility affords secure custody.

(b) At least 30 days prior to the expenditure of state funds for any new or additional special facility by the Department of Behavioral Health and Developmental Disabilities or the Department of Human Services or an agency or board of health contracting with the Department of Behavioral Health and Developmental Disabilities or the Department of Human Services, such department or such agency or board shall notify the governing authority of the county and any municipality wherein the special facility is to be located and each member of the General Assembly whose Senate or House district includes any part of the property upon which the facility is to be located. Such notification shall include a description of the proposed special facility, including its proposed location, the category of patients or persons to be confined therein, and the maximum number of patients or persons to be so confined. The Department of Behavioral Health and Developmental Disabilities or the Department of Human Services shall include such requirements in all departmental contracts entered into with such boards or agencies.

History

Code 1981, § 31-1-8, enacted by Ga. L. 1992, p. 2120, § 1.

Annotations

Code Commission notes. - Pursuant to Code Section 28-9-5, in 2009, in paragraph (a)(2), ‘‘Department of Human Services’’ was substituted for ‘‘department’’, and, in subsection (b), ‘‘Department of

Behavioral Health and Developmental Disabilities or the Department of Human Services’’ was substituted for ‘‘Department of Human Resources’’ three times, and ‘‘such department’’ was substituted for ‘‘the department’’ in the first sentence.