GA Code § 42-4-13 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 4 - Jails|Article 1 - General Provisions|§ 42-4-13. Possession of Drugs, Weapons, Alcohol, or Tobacco Products by Inmates

  As used in this Code section, the term:   "Alcoholic beverage" means and includes all alcohol, distilled spirits, beer, malt beverage, wine, or fortified wine.   "Controlled substance" means a drug, substance, or immediate precursor as defined in Code Section 16-13-21.   "Dangerous drug" has the same meaning as defined by Code Section 16-13-71.  (3.1) "Inmate" means a prisoner, detainee, criminal suspect, immigration detainee, or other person held, incarcerated, or detained in a jail, whether or not such person is inside or outside of the jail.    "Jail" means any county jail, municipal jail, or any jail or detention facility operated by a county, municipality, or a regional jail authority as authorized under Article 5 of this chapter.   "Jailer" means the sheriff in the case of any county jail, or the chief of police if the jail is under the supervision of the chief of police of a municipality, or the warden, captain, administrator, superintendent, or other officer having supervision of any other jail, or the designee of such officer.       It shall be unlawful for an inmate to possess any controlled substance, dangerous drug, gun, pistol, or other dangerous weapon or marijuana.   Any person who violates paragraph (1) of this subsection shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one nor more than five years.   Notwithstanding the provisions of this subsection, possession of a controlled substance, a dangerous drug, or marijuana shall be punished as provided in Chapter 13 of Title 16; provided, however, that the provisions of Code Section 16-13-2 shall not apply to a violation of paragraph (1) of this subsection.   The provisions of this subsection shall not prohibit the lawful use or dispensing of a controlled substance or dangerous drug to an inmate with the knowledge and consent of the jailer when such use or dispensing is lawful under the provisions of Chapter 13 of Title 16.       Unless otherwise authorized by law or the jailer, it shall be unlawful for an inmate to possess any alcoholic beverage or tobacco or any product containing tobacco.   Any person who violates paragraph (1) of this subsection shall be guilty of a misdemeanor.         It shall be unlawful for any person to come inside the guard lines established at any jail with, or to give or have delivered to an inmate, any controlled substance, dangerous drug, marijuana, or any gun, pistol, or other dangerous weapon without the knowledge and consent of the jailer or a law enforcement officer.   It shall be unlawful for any person to come inside the guard lines established at any jail with, or to give or have delivered to an inmate, any alcoholic beverage without the knowledge and consent of the jailer or a law enforcement officer; provided, however, that the provisions of this subsection shall not apply to nor prohibit the use of an alcoholic beverage by a clergyman or priest in sacramental services only.     Except as otherwise provided in paragraph (3) of this subsection, any person who violates subparagraph (A) of paragraph (1) of this subsection shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one nor more than five years. Any person who violates subparagraph (B) of paragraph (1) of this subsection shall be guilty of a misdemeanor.   Notwithstanding the provisions of paragraph (2) of this subsection, the possession, possession with intent to distribute, trafficking, or distribution of a controlled substance or marijuana shall be punished as provided in Chapter 13 of Title 16; provided, however, that the provisions of Code Section 16-13-2 shall not apply to a violation of subparagraph (A) of paragraph (1) of this subsection.     It shall be unlawful for any person to obtain, to procure for, or to give to an inmate, or to bring within the guard lines, any other article or item without the knowledge and consent of the jailer or a law enforcement officer. Any person violating this subsection shall be guilty of a misdemeanor.     It shall be unlawful for any person to come inside the guard lines or be within any jail while under the influence of a controlled substance, dangerous drug, or marijuana without the knowledge and consent of the jailer or a law enforcement officer unless such person has a valid prescription for such controlled substance or dangerous drug issued by a person licensed under Chapter 11 or 34 of Title 43 and such prescribed substance is consumed only as authorized by the prescription. Any person convicted of a violation of this subsection shall be punished by imprisonment for not less than one nor more than four years.   It shall be unlawful for any person to come inside the guard lines or be within any jail while under the influence of alcohol without the knowledge and consent of the jailer or a law enforcement officer. Any person violating this subsection shall be guilty of a misdemeanor.     It shall be unlawful for any person to loiter where inmates are assigned after having been ordered by the jailer or a law enforcement officer to desist therefrom. Any person violating this subsection shall be guilty of a misdemeanor.   It shall be unlawful for any person to attempt, conspire, or solicit another to commit any offense defined by this Code section and, upon conviction thereof, shall be punished by imprisonment not exceeding the maximum punishment prescribed for the offense, the commission of which was the object of the attempt, conspiracy, or solicitation.   Any violation of this Code section shall constitute a separate offense.   Perimeter guard lines shall be established at every jail by the jailer thereof. Such guard lines shall be clearly marked by signs on which shall be plainly stamped or written: "Guard line of ________." Signs shall also be placed at all entrances and exits for vehicles and pedestrians at the jail and at such intervals along the guard lines as will reasonably place all persons approaching the guard lines on notice of the location of the jail.    (d.1) (1)It shall be unlawful for any person to obtain for, to procure for, or to give to an inmate tobacco or any product containing tobacco without the knowledge and consent of the jailer.   Any person who violates this Code section shall be guilty of a misdemeanor.    (Code 1981, §42-4-13, enacted by Ga. L. 1987, p. 611, § 1; Ga. L. 1993, p. 630, § 1; Ga. L. 1999, p. 648, § 1; Ga. L. 2000, p. 136, § 42; Ga. L. 2017, p. 673, § 3-1/SB 149.)    The 2017 amendment,  effective July 1, 2017, added paragraph (a)(3.1); deleted "of a jail" following "inmate" in paragraphs (b)(1) and (c)(1) and in subparagraphs (d)(1)(A) and (d)(1)(B); in paragraph (c)(1), inserted "or the jailer" near the beginning, and added "or tobacco or any product containing tobacco" at the end; and added subsection (d.1).   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1989, the subsection (a) designation was added at the beginning of this Code section.   Law reviews.   - For note on 1993 amendment of this Code section, see 10 Ga. St. U.L. Rev. 181 (1993).   JUDICIAL DECISIONS   Definition of dangerous weapon.    - Words "dangerous weapon" are not words of art but words of common understanding and meaning which require no definition for understanding by the jury. Stone v. State, 236 Ga. App. 365, 511 S.E.2d 915 (1999).   Attorney disbarred for violating provisions.    - Attorney was disbarred as a result of 10 convictions for violating O.C.G.A. § 42-4-13(e) for providing contraband to an inmate because the convictions involved moral turpitude subject to discipline under Ga. St. Bar R. 4-102(d):8.4(a)(3) as the offenses reflected on the attorney's dishonesty, amounted to obstruction of justice, and placed others in danger. In the Matter of Jones, 293 Ga. 264, 744 S.E.2d 6 (2013).   OPINIONS OF THE ATTORNEY GENERAL   Fingerprintable offenses.   - Violation of subsection (c), which provides that it is a misdemeanor for an inmate of a jail to possess any alcoholic beverage, is not at this time designated as an offense for which those charged with a violation are to be fingerprinted. 1987 Op. Att'y Gen. No. 87-21.   If the person is not already incarcerated, violations of subsections (e) and (h) and subparagraph (d)(1)(B) are designated as offenses for which those charged are to be fingerprinted. 1999 Op. Att'y Gen. No. 99-17.   Violation of paragraph (f)(2) is not designated as an offense for which fingerprinting is required. 1999 Op. Att'y Gen. No. 99-17.   Violation of subsection (g) is designated as an offense for which those charged are to be fingerprinted. 1999 Op. Att'y Gen. No. 99-17.   RESEARCH REFERENCES   C.J.S.   - 72 C.J.S., Prisons and Rights of Prisoners, §§ 61, 62, 73.