Update: Dec 31, 2024 noon: The Department of Corrections apparently saw the version of the below column that ran on the subscription outlet James Magazine Online yesterday (Dec 30). They have posted a list of prisoners with ICE detainers and labeled it “HB 1105 Quarterly Report December 2014.” It’s a start, but what they have posted is a small part of what the law requires.
Correction: January 1, 2025: The state law requires GDC to post the report cited below on October 1, 2024 – then Dec 1, 2024 and then quarterly thereafter. I am correcting my typo in the below column that reported those dates as 31 October and 31 December. I regret the typos and the errors dak.
Department officials and staff apparently didn’t read the law
Some noteworthy news from Georgia Department of Corrections (GDC) related to the high profile illegal immigration legislation (HB 1105) passed in the 2024 session of the General Assembly: The department is already in violation of one of the laws (see section 7) contained in the fifteen-section measure. Unless they act extremely quickly, Commissioner Tyrone Oliver’s office will be in further violation tomorrow, Dec. 31.
Known as “The Georgia Criminal Alien Track and Report Act,” HB 1105 passed into law after Laken Riley was brutally murdered by an illegal alien in February. Sponsored by Rep Jesse Petrea (R- Savannah), the bill contains language that requires various law enforcement agencies to submit reports throughout the year designed to provide the public with detailed, official information that will expose the staggering cost – both monetary and human – of criminal aliens in Georgia.
Here is an easy-to-read general explanation of HB 1105.
The GDC is charged with producing a quarterly, public report to be posted on the department’s website, with the first edition due October 1st, 2024 – three months ago. The second quarterly report is supposed to be posted, Dec 1st.
After scouring the GDC website last week looking for the report and not finding it, I contacted the GDC communications department asking if I had somehow overlooked it or why it was not there. Minutes later I got a call from GDC Manager of Communications, Lori Benoit, who informed me that they would have the report up on March 31st, 2025 – “because that law doesn’t go into effect until January 31st, 2025…” Not true.
The text of HB 1105 has different effective dates than the official GDC spokesperson.
SECTION 14. “Except as otherwise provided for in subsection (b) of this Section, this Act shall become effective upon approval by the Governor or upon becoming law without such approval. Section 10 of this Act shall become effective on December 31, 2024. “
It looks like the staff and management at GDC have not read the law. It’s short, so I post it below in its entirety so JMO readers and GDC staff can read it together. Gov Kemp signed the bill into law in May.
Section 7 (OCGA 42-1-11.4): “The commissioner shall, on the official public website used by the department, publish a report of aggregate data on the immigration status, offenses, and home countries of inmates who are confined under the authority of the department who are not citizens of the United States and to whom the United States Immigration and Customs Enforcement Division of the Department of Homeland Security has issued immigration detainer notices as such term is defined in Code Section 42-1-11.5. Each report shall include the total number of inmates who are not citizens of the United States; provided, however, that any inmates who are citizens of both the United States and one or more other countries shall be designated as such as a separate category. Such report shall be first published on October 1, 2024, and every 90 days thereafter; provided, however, that if the ninetieth day falls on a state holiday or Saturday or Sunday, then such report shall be published the next business day.” Italics mine.
Assuming GDC eventually creates and posts the mandated report on the number of criminal aliens in our prisons, there will exist an unambiguous method for Georgians to calculate the monetary cost of housing them.
There are a lot of anti-enforcement people both in and out of state government who will be very unhappy that Georgians have access to what is regarded as “too much information.”
But for a ballpark cost, it is possible to get a preview by using the figures Rep. Petrea obtained from GDC last year in preparation for processing his pro-enforcement legislation.
Last January GDC showed there were 1579 illegal aliens in the prison system with ICE holds (not total illegals). According to online data from GDC the (2021) daily cost per prisoner is $73.79. my math puts the total annual cost to Georgians at over $42 million.
AG Investigation without prosecution? (carve out)
It appears GDC may not have concerns about sanctions for violations. While the legislation – passed to crack down on officials ignoring the laws that were already in place – contains misdemeanor penalties for some violations (including for law enforcement officials), language in HB 1105 authorizes the Attorney General to Investigate and prosecute violations of some of the laws it created– but limits the AG only to investigate failure to compliance with the law GDC has ignored – (see lines 349-342).
We can’t help but wonder if Laken Riley’s family knows about any of this.
