Rule 125-2-4-.02 - JurisdictionWhen an offender has been convicted of a state misdemeanor or felony (except for misdemeanor offenders exempted under the provisions of O.C.G.A. 17-10-3 or 17-10-4), and a sentence of incarceration has been imposed on the offender to serve time in any penal institution in Georgia, the following procedures shall apply:
(a) The Clerk of the Court shall immediately notify the Commissioner, Department of Corrections, that the offender is to be committed to his custody.(b) The Clerk of the Court shall promptly dispatch by mail a complete personal history of the offender prepared on the forms provided by the Commissioner, Department of Corrections. The following additional documents shall be included with the personal history: 1. a certified copy of the indictment, accusation or both;2. a certified copy of the sentence;3. affidavit of custodian reporting jail time and/or hospital confinement;4. such other information as the Commissioner, Department of Corrections, may require, for example, immediate notification of an appeal.(c) The County from which the commitment is made shall be responsible for paying the Clerk of the Court those fees prescribed by law for the execution of the required documentation.(d) The Department of Corrections will provide reimbursement to counties for cost of maintaining felony prisoners in the county jails after conviction and sentencing and before such prisoners are transferred to a place of confinement as directed by the Commissioner, Department of Corrections.1. In order for the individual to remain in, or to return to, the county of conviction to await the outcome of any appellate action, the attorney of record of the inmate must file a written request with the court setting forth that the presence of the convicted person is required within the county of conviction. A certified copy of the attorney's request and a copy of the order of the court in response to the attorney's request must be forwarded to the Department of Corrections before the convicted person will be permitted to remain in, or return to, the county jail.2. In the event the individual remains in the county jail for motion for new trial or an appeal, he (she) will remain in the custody of the county jail or lockup until all appeals of the conviction have been disposed of or until the attorney of record for the convicted person shall file with the trial court an affidavit setting forth that the presence of the person is no longer required within the county of conviction. A certified copy of the attorney's affidavit will have to be received in the Department of Corrections from the Clerk of the Court before the Department of Corrections will resume custody of the individual or pay reimbursement.3. Reimbursement days will only accrue fifteen days after proper documentation is received by the Department of Corrections from the Clerk of the Court. Proper documentation is set forth in subparagraph (b) of this rule.4. The rate of reimbursement will be such as may be appropriated for this purpose by the General Assembly.5. County Sheriffs will furnish such documentation for reimbursement as required by the Commissioner, Department of Corrections.6. Submission of billing for payments will occur as stipulated by the Department of Corrections.7. These provisions shall not apply to those prisoners under death sentence.8. These provisions shall not apply to prisoners who were incarcerated by the Department of Corrections at the time they were returned to the county jail for trial or for any other purpose.(e) Transportation to satisfy Court requirements associated with an inmate's appeal shall be the responsibility of the county concerned.Ga. Comp. R. & Regs. R. 125-2-4-.02
Ga. Constitution 1983, Art. XI, Sec. I, O.C.G.A. Secs. 27-15, 42-2-11, 42-5-5, 42-5-51, 42-5-59, 42-10-2, 47-14-40.
Rule entitled "Jurisdiction" adopted as R. 415-2-4-.02. F. Nov. 14, 1984; eff. Dec. 4, 1984, renumbered as R. 125-2-4-.02 of same title. F. June 28, 1985; eff. July 20, 1985, as specified by the Agency.