Voters in Fulton County will hit the polls on May 21 to choose a sheriff at a time when county officials are wrestling with overcrowding and poor conditions at jails — especially at the notorious Rice Street Jail, where 10 people died in custody last year and three have died so far this year.

One potential solution is the Center for Diversion & Services, a new facility slated to open this fall as an alternative to jail for people who are experiencing behavioral and mental health issues. Officials believe the center, a partnership between the city of Atlanta and Fulton County, could potentially divert more than 10,000 jail bookings and more than 4,000 admissions in police custody to Grady Memorial Hospital’s emergency and psychiatric services.

But while city and county officials anticipate a positive impact on the jail, which is under investigation by the U.S. Department of Justice, residents still have questions about how the center will directly impact people incarcerated in Fulton County.

Given that running the county jail is among the sheriff’s chief responsibilities, it makes sense that we recently got this question for the sheriff’s candidates from a reader via Ask Capital B, our community helpdesk initiative: 

What is your vision for working with the Center for Diversion & Services upon its opening this summer?

Here’s the short answer: 

Because the Fulton County sheriff’s office is not tasked with basic law enforcement functions like making arrests, the sheriff will not work directly with the center which accepts diversions through Law Enforcement Assisted Diversion (LEAD), a joint initiative between the city and the county. 

LEAD currently only accepts pre-arrest diversions from the Atlanta Police Department, MARTA Police, and Georgia State Police, according to Moki Macias, executive director of the Policing Alternatives and Diversion Initiative, which runs LEAD. 

But the sheriff is not powerless when it comes to overcrowding in the jail, and there is a precedent in Georgia for a county sheriff to decide not to accept bookings for those arrested on “low level” offenses in order to mitigate overcrowding. 

Between March 2020 and May 2023, the Chatham County sheriff announced that due to the high risk of COVID-19 spreading in jail, they would not book anyone arrested on a misdemeanor offense.

Last September, the incumbent sheriff, Patrick Labat, asked the Office of the County Attorney at a Fulton County Board of Commissioners meeting if he could legally refuse to book nonviolent offenders into Fulton County Jail. This week, Labat’s office declined to comment on the law department’s response, citing attorney-client privilege, but said the sheriff is not refusing any detainees. Employees at the county’s law department said they were not authorized to answer questions from a reporter.

We asked all five candidates for Fulton County sheriff if they see it as within the sheriff’s authority to make decisions like the Chatham County sheriff did, and about how they would — or wouldn’t — use their powers to divert more people from jail if elected. 

Three candidates responded. Two didn’t: Labat and James “JT” Brown. We will update this story if we get more replies. 

Here’s what the candidates had to say.

Kirt Beasley

Beasley, a retired lieutenant colonel in the sheriff’s office, said she supports the Chatham County sheriff’s initiative and would explore bringing it to Fulton County. 

“If we could give out citations for misdemeanors during COVID, why can’t it become a standard practice?” she said.

Beasley said she will work with the chiefs of police of Fulton County’s different municipalities to have people cited for things like shoplifting under $500 and trespassing rather than having them brought to the county jail.

Charles Rambo

Rambo, a retired lieutenant commander in the sheriff’s office, said that he would not turn away misdemeanor offenses and cited Georgia law which says, “It shall be the duty of the sheriffs of such counties to receive, confine, feed, and care for all persons charged with the violation of any ordinances of such counties in the same manner as persons charged with an indictable offense, whether such person charged with the violation of an ordinance is being held pending a hearing.”

However, Rambo suggested a work-around that would allow him to offer a signature bond to a person arrested on a misdemeanor if they have not posted bond within 72 hours. He said the signature bond would be contingent upon the person’s conduct, past criminal history and would have to account for the recently signed bill that revokes signature bond for a number of misdemeanor offenses. 

He would also exercise his discretion to determine if an individual being processed for a “quality of life crime” is dealing with a mental illness and could be transferred to an emergency medical facility for evaluation.

Joyce Farmer 

Farmer, a 25-year veteran of the sheriff’s office, said that as sheriff she wouldn’t have the authority to decline to process an arrest, but would look for innovative ways to address overcrowding, including introducing a misdemeanor night court that would operate outside the normal business hours.

She also wants to coordinate with the chiefs of police from the 15 cities within the county to have officers issue tickets for misdemeanor offenses. This means that instead of getting booked into the county jail, the ticketed person would be mandated to appear in night court.

“This will streamline the process for misdemeanor offenses, offering an alternative to immediate incarceration while ensuring accountability. Not all offenses warrant detention and I believe this provides an opportunity for diversionary services,” she said.

Farmer added that the diversionary services can be more effective in addressing underlying issues that contribute to criminal behavior rather than incarceration, while still maintaining accountability.

This story is brought to you by Ask Capital B, our community help desk initiative powered by your questions. Curious about local elections, who is running, and where they stand on issues that matter to you? Tell us what you want to know and we’ll find answers.

Madeline Thigpen is Capital B Atlanta's criminal justice reporter.