County attorney outlines proposal to fund jail construction with 10% surcharge under Georgia law; commissioners raise equity concerns

County Attorney Alex Sholly told the Dougherty County Board of Commissioners on April 27 that state law authorizes a county to establish a restricted jail construction and staffing fund and described a funding mechanism that would add a 10% surcharge to bonds and certain court fees.

"The fund is created by a 10% additional penalty added on to bonds and fees," Sholly said, summarizing the statutory vehicle (OCGA 15‑21‑90 through 15‑21‑95) that would permit the county to collect a dedicated jail fund. He described permitted uses as construction, operation and staffing of jail facilities and said the money must be kept in a separate, restricted account and may not be mixed with general revenue.

Sholly noted the surcharge is collected by the courts and transferred to the governing authority. He gave a conservative revenue estimate, based on outreach to other counties, that Dougherty County could expect roughly $81,000 to $90,000 annually if the surcharge were adopted; he said Sumter County — a smaller county — generates $27,000–$30,000 annually under a similar fund.

Several commissioners expressed concern about fairness and consequences for people who post bond and are later found not guilty. Commissioner Gloria Gaines asked directly, "So an innocent person would have to pay as well?" Sholly and staff explained that fines are not assessed until adjudication or plea, but bond surcharges could apply to bond amounts and might not be refunded if a defendant is later found not guilty.

Other commissioners questioned whether the county should instead build jail improvements from existing reserves or capital plans rather than adding surcharges that affect people who have interacted with the justice system. One commissioner said the county should identify any current budgetary shortfalls and report back before imposing additional fees.

The commission did not adopt an ordinance or take a final vote at the work session; the discussion closed with an agreement that the county attorney and administration will provide additional recommendations and financial estimates to the relevant committees for further review.