New ruling says Fulton sheriff cannot send inmates to jails out of state to relieve overcrowding

ATLANTA — Fulton County Sheriff Pat Labat’s plan to send inmates to other states to help relieve overcrowding in the Fulton County Jail is a no-go.

In a ruling Friday, Fulton County Superior Court Judge Scott McAfee said despite agreeing that conditions inside the jail are terrible, Georgia law already bars Labat from exporting prisoners to another state.

McAfee said the current statutes only authorize transfers due to unsafe conditions to the “nearest county having a secure jail,” not outside Georgia.

Labat made the proposal last month as he continues to struggle with the overcrowding. So far, 10 detainees have died inside the jail just this year.

The county made a deal earlier this year with the city of Atlanta to house around 700 inmates inside the old city jail.

Last month, Labat proposed moving up to 1,000 inmates to jails in Mississippi.

Activists then filed to stop the sheriff from sending those inmates to another state, saying it would prevent attorneys from effectively representing their clients.

Despite denying the petition, McAfee’s ruling also said state law “does not permit the Sheriff to transfer detainees outside of Georgia.”