Bill could force Atlanta to house Fulton County inmates at city jail

ATLANTA - Republicans on a Georgia Senate committee have proposed a solution to the overcrowding problem at the Fulton County Jail, but not everyone in metro Atlanta supports their idea.

On Wednesday, the Senate Public Safety Committee advanced a bill that would force the city of Atlanta to allow the Fulton County Sheriff's Office to use the city jail for just the cost of maintaining it.

Fulton County Jail conditions

The backstory:

Thirty-two people have died in Fulton County custody since 2021, according to the sheriff’s office. That includes two deaths in the city jail, where the county already uses about 350 beds under an agreement with the city that allows them up to 700 berths.

In November, the U.S. Department of Justice issued a scathing report, citing unconstitutional living conditions, usage of excessive force, and lack of mental health care. Their investigation, launched after the 2022 death of Lashawn Thompson, revealed severe neglect, including unsanitary cells, violence, and inadequate medical treatment, particularly for vulnerable groups like minors and individuals with mental illness.

In January, the Justice Department and the County reached a court-enforceable agreement to address the conditions.

Fulton County commissioners have long wanted to acquire Atlanta’s city-owned jail, a controversial idea they say could ease overcrowding and allow the separation of detainees based on how dangerous they’re considered. Atlanta Mayor Andre Dickens has said, however, that he won’t transfer the Atlanta City Detention Center to the county.

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By the numbers:

Fulton County now houses fewer than 2,500 detainees, with about 1,600 at the main jail and the rest at other facilities, according to sheriff’s office data. Sixteen percent of people have unindicted cases, compared to 34% in May 2023.

What they're saying:

While Sen. John Albers, the Roswell Republican who sponsored SB 7, said he could not legislatively force the sale of the jail to the county, he said the bill requires the "jail to be leased to the county at a very reasonable rate."

Fulton County Sheriff Pat Labat made it clear to a Georgia Senate Subcommittee that he wants the Atlanta City Detention Center.

Fulton County Jail

"I have to say gaining ACDC as an asset does not solve the Fulton County problem. We have a cultural change that needs to take place," Labat said.

He said that gaining the Atlanta City Detention Center could relieve pressure on the jail.

 "The addition of ACDC we could do a lot better," Labat said. "We could do a lot better with respect to mental health populations if we owned it. Because there are barriers to moving an entire population over there."

The other side:

Critics say the state shouldn’t intervene in such a local matter. They warned that the quest for more space ignores mismanagement and malpractice by the county, the sheriff’s office and jail staff, setting the stage for the issues to continue. Criminal justice advocates say police should detain fewer people and instead divert more cases to programs with mental health and economic resources.

Sen. Sonya Halpern, an Atlanta Democrat who voted against the bill, thinks there are "enough players that are willing to work together" and "figure out some way for the county to use that facility" more extensively without state interference.

"I think we are making a grave error and setting a terrible precedent in allowing for any city to have their assets seized by counties," Halpern said.

What's next:

There's still a long way to go before the bill becomes law. Albers said he would prefer that Atlanta and Fulton County come to an agreement on their own, but he hasn’t seen those negotiations work out yet.

If the bill passes, Labat says the current staff at the ACDC would stay employed by either the sheriff's office or the city.