By Senators Orr, Figures, Sanders-Fortier, Beasley, Livingston, Albritton, Smitherman, Waggoner, Chesteen, Sessions, Ward, Allen, McClendon, Butler, Barfoot, Givhan and Holley
ENROLLED, An Act,
Relating to sheriffs; to amend Sections 14-6-40, 14-6-42, 14-6-47, 14-6-48, and 36-22-17, Code of Alabama 1975, and to repeal Section 14-6-43 of the Code of Alabama 1975, relating to the feeding of prisoners in the county jail; to increase the allowance paid by the state; to establish a Prisoner Feeding Fund in each county sheriff's office; and to make an appropriation from the State General Fund commencing September 30, 2019 to be used for emergency costs overruns in the counties.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Sections 14-6-40, 14-6-42, 14-6-47, 14-6-48, and 36-22-17, Code of Alabama 1975, are amended to read as follows:
"The sheriff of the county, except as otherwise provided by existing laws, in his or her official capacity, in person or by his or her deputy or jailer,
shall feed the shall be responsible for the feeding of prisoners in the jail under his or her jurisdiction in accordance with the terms of this article. The food and services in preparing food, serving food, and other services incident to the feeding of prisoners shall be paid for from funds as provided in Section 14-6-42. In no event shall the sheriff be personally responsible for the cost of feeding prisoners or any shortage in the funds provided for that purpose.
for and the services for preparing food, serving food, and other services incident to the feeding of prisoners in the county jail shall be paid for by the state as follows: There shall be allowed such amount as is actually necessary for food for each prisoner daily, and said amount so allowed shall be $1.75 per capita. In addition to the above amount, there is hereby conditionally appropriated from the General Fund an amount of $1.25 per capita. in the amount of two dollars and twenty-five cents ($2.25) per day for each prisoner.
"(b) Payments made by the state pursuant to this section to the office of the sheriff shall be deposited in a separate account designated the Prisoner Feeding Fund established in Section 14-6-47. The sheriff shall maintain records of all payments received and all expenditures made from the Prisoner Feeding Fund, which shall be subject to regular audit by the Department of Examiners of Public Accounts. Expenditures for the feeding of prisoners shall be exempt from the competitive bid law.
"(a) The Prisoner Feeding Fund is established in the office of each sheriff. Except as provided in subsection (b), all monies received in the sheriff's office for food and services in preparing food, serving food, and other services incident to the feeding of prisoners in the county jail pursuant to this chapter, shall be deposited in the Prisoner Feeding Fund and shall be kept separate from all other monies. Monies deposited in the Prisoner Feeding Fund shall only be used for feeding prisoners except as provided herein. At the conclusion of each fiscal year, the sheriff may expend not more than 25 percent of the unencumbered balance in the fund on jail operation or for law enforcement purposes related to the operation of the office of the sheriff, and the remainder shall be retained in the fund for feeding expenses in the next fiscal year , or at the option of the sheriff, the entire unencumbered balance may be retained in the fund for feeding expenses in the next fiscal year. In no event shall any monies paid into the fund be expended except as authorized in this chapter.
"(b)(1) Nothing in this chapter shall prohibit the sheriff and the county commission from entering into mutual agreements to carry out the requirements of this chapter. Any mutual agreements shall not supersede the provisions of Section 14-6-40 or exempt any funds or expenditures from audit as required by this chapter nor authorize any of the funds deposited into a prisoner feeding fund or other account for feeding prisoners to be converted into personal income for any public official or employee.
"(2) Nothing in this chapter shall require a change in procedures in those counties where funds for the feeding of prisoners are paid into the general fund of the county pursuant to resolution authorized under Section 36-22-17, as it existed prior to the effective date of the act adding this subsection.
"(c) All records related to payments received and expenditures made for food preparation and the feeding of prisoners in the county jail shall be kept
and statements made by the sheriff's office on forms prescribed and furnished by the Department of Finance Department of Examiners of Public Accounts and shall be subject to regular audit.
"(d) All funds held by the sheriff on the effective date of the act adding this subsection that were reimbursed by the State of Alabama or any other governmental entity for the feeding of prisoners in a county jail shall be deposited into the Prisoner Feeding Fund. No funds deposited into the Prisoner Feeding Fund or any other moneys received by the sheriff for feeding of federal or municipal prisoners shall be converted into personal income for any public official or employee under any circumstances.
"The sheriff shall be the custodian of all funds paid into the Prisoner Feeding Fund pursuant to Section 14-6-47, which funds shall be public funds of the office of the sheriff. Any unexpended monies in the Prisoner Feeding Fund on the effective date of any new term of office shall remain in the fund to be expended by the office of the sheriff as provided in this chapter. Any sheriff who fails to
enter into a book, to be kept by him for that purpose, any account paid him by the state maintain records for feeding prisoners , or to keep such book in his office as one of the public records thereof, as required in this chapter or to lay submit the same before the grand jury at each term of the circuit court held in his or her county or, upon the expiration of his or her term of office, to turn the same over to his or her successor as required by law is guilty of a misdemeanor.
All Except as otherwise provided herein, all fees, commissions, percentages, allowances, charges and court costs heretofore collectible for the use of the sheriff and his or her deputies , excluding the allowances and amounts received for feeding prisoners, which the various sheriffs of the various counties shall be entitled to keep and retain, except in those instances where the county commission directs such allowances and amounts to be paid into the general fund of the county by proper resolution passed by said county commission of said county, shall be collected and paid into the general fund of the county. Except as otherwise provided in subsection (b) of Section 14-6-47, all monies paid by the state for the feeding of prisoners pursuant to Title 14, Chapter 6 shall be paid into the Prisoner Feeding Fund established in Section 14-6-47, and expended only as provided in Chapter 6."
Section 2. Section 14-6-43 of the Code of Alabama 1975, is repealed.
Section 3. There is hereby established Emergency Prisoner Feeding Fund into which there is automatically appropriated five hundred thousand ($500,000) each state fiscal year beginning with the fiscal year ending September 30, 2019. The state Comptroller shall transfer moneys from the General Fund to the emergency fund at the beginning of each state fiscal year or as soon as possible thereafter. The emergency fund shall not exceed a total accumulated amount of one million dollars ($1,000,000). The funds may be expended from time to time upon joint application by a county commission and the sheriff of a county in case of an unforeseeable emergency cost overrun that fully depletes the Prisoner Feeding Fund in the county treasury. This application shall be supported by the sworn statements by the chair of the county commission and the sheriff stating the reason for the need for emergency funding and the reason for the unforeseeable cost overrun. The Department of Finance may demand any pertinent financial records prior to disbursing any emergency funding. The department shall determine when a cost overrun qualifies for disbursement of funds. A county commission may not receive from this emergency fund per year more than 80 percent of the actual cost overrun as substantiated by financial records up to a maximum of twenty-five thousand dollars ($25,000) per year.
Section 4. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.