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.
(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.)
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.