reglab/housing_qa huggingface dataset:
GA Code § 41-3-7 (2021)
2021 Georgia Code|Title 41 - Nuisances|Chapter 3 - Places Used for Unlawful Sexual and Drug Activities|§ 41-3-7. Order of Abatement Generally; Breaking and Entering or Using Closed Building, Structure, or Place; Fees for Removal, Sale, or Closure of Property

  If the existence of a nuisance shall be established in an action as provided in this chapter, an order of abatement shall be entered as a part of the judgment in the case, which order shall direct the removal from the building, structure, or place of all fixtures, furniture, and chattels used in conducting the nuisance and shall direct the sale thereof in the manner provided for the sale of chattels under execution; provided, however, that if it shall appear to the judge that the furniture and chattels are owned by others than the occupants of the building, structure, or place, he may order the effectual closing of the building, structure, or place against its use for any purpose for a period of one year, unless sooner released.   If any person shall break and enter or use a building, structure, or place directed to be closed, as provided in subsection (a) of this Code section, he shall be punished as for contempt.   For removing and selling the movable property, the sheriff or other duly qualified levying officer of the court shall be entitled to charge and receive the same fees as he would for levying upon and selling like property on execution; and, for closing the premises and keeping them closed, a reasonable sum shall be allowed by the court.    (Ga. L. 1917, p. 177, § 5; Code 1933, § 72-309.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 42 Am. Jur. 2d, Injunctions, §§ 314-318. 58 Am. Jur. 2d, Nuisances, §§ 324, 325, 327, 368, 374, 376, 422, 428.   C.J.S.   - 43A C.J.S., Injunctions, § 285 et seq. 66 C.J.S., Nuisances, §§ 93, 284 et seq., 347 et seq., 359 et seq., 406 et seq..
GA Code § 41-3-8 (2021)
2021 Georgia Code|Title 41 - Nuisances|Chapter 3 - Places Used for Unlawful Sexual and Drug Activities|§ 41-3-8. Disposition of Proceeds of Sale of Personal Property

 The proceeds of the sale of the personal property, as provided in Code Section 41-3-7, shall be applied in payment of the cost of the action and abatement, and the balance, if any, shall be paid to the defendant.   (Ga. L. 1917, p. 177, § 6; Code 1933, § 72-310.)   RESEARCH REFERENCES   C.J.S.   - 66 C.J.S., Nuisances, § 209 et seq.
GA Code § 41-3-9 (2021)
2021 Georgia Code|Title 41 - Nuisances|Chapter 3 - Places Used for Unlawful Sexual and Drug Activities|§ 41-3-9. Suspension of Abatement Order and Release of Property; Effect of Release of Property

  If the owner of the building, structure, or place ordered abated shall appear and pay all costs of the proceedings and file a bond with sureties to be approved by the clerk in the full value of the property, to be ascertained by the court, conditioned that he will immediately abate the nuisance and prevent the same from being established or kept within a period of one year thereafter, the court may, if satisfied of the good faith of the owner, order the building, structure, or place closed under the order of abatement to be delivered to said owner and the order of abatement suspended so far as it may relate to said property.   The release of the property under subsection (a) of this Code section shall not release it from any judgment lien, penalty, or liability to which it may be subject by law.    (Ga. L. 1917, p. 177, § 7; Code 1933, § 72-311.)   RESEARCH REFERENCES   C.J.S.   - 43A C.J.S., Injunctions, § 371.
GA Code § 41-3-10 (2021)
2021 Georgia Code|Title 41 - Nuisances|Chapter 3 - Places Used for Unlawful Sexual and Drug Activities|§ 41-3-10. Issuance of Permanent Injunction; Entry and Enforcement of Judgment; Disposition of Sums Arising From Enforcement of Judgment

  Whenever a permanent injunction is issued against any person for maintaining a nuisance as described in Code Section 41-3-1 or against any owner of the building, structure, or place knowingly kept or used for the purposes prohibited by this chapter, the judge granting the injunction shall, at the same time, enter judgment against the person, firm, or corporation owning said building, structure, or place in the sum of $300.00; and said judgment shall be a special lien upon the premises complained of and the furniture and fixtures therein and shall as against the property rank from date with all other judgments or liens as provided by law.   The judgment provided for in subsection (a) of this Code section shall issue in the name of the state and be enforced as other judgments in this state. The lien of the judgment upon the property used for the purpose of maintaining the nuisance shall not relieve the person maintaining the nuisance or the owner of the building, structure, or place from any of the other penalties provided by law.   All sums arising from the enforcement of the judgment provided for in subsection (a) of this Code section shall be paid into the treasury of the county in which said judgment is entered and become part of the general funds of said county.    (Ga. L. 1917, p. 177, § 8; Code 1933, § 72-312.)
GA Code § 41-3-11 (2021)
2021 Georgia Code|Title 41 - Nuisances|Chapter 3 - Places Used for Unlawful Sexual and Drug Activities|§ 41-3-11. Injunction Binding Throughout Judicial Circuit in Which Issued; Violation of Provisions of Injunction Deemed Contempt

 When an injunction is granted, it shall be binding on the defendant throughout the judicial circuit in which it is issued; and any violation of the provisions of the injunction shall be a contempt of court.   (Ga. L. 1917, p. 177, § 2; Code 1933, § 72-304.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 58 Am. Jur. 2d, Nuisances, §§ 309, 315.   C.J.S.   - 43A C.J.S., Injunctions, § 354.   ALR.    - Reversal, modification, dismissal, dissolution, or resettlement of injunction order or judgment as affecting prior disobedience as contempt, 148 A.L.R. 1024.   Venue of suit to enjoin nuisance, 7 A.L.R.2d 481.   Use of affidavits to establish contempt, 79 A.L.R.2d 657.
GA Code § 41-3-12 (2021)
2021 Georgia Code|Title 41 - Nuisances|Chapter 3 - Places Used for Unlawful Sexual and Drug Activities|§ 41-3-12. Contempt Proceedings; Punishment for Contempt of Court

  In the event of the violation of any injunction granted under this chapter, the court may summarily try and punish the offender. The proceedings shall be commenced by filing with the clerk of the court an information, under oath, setting out the alleged facts constituting such violation, upon which the court or judge shall cause a warrant to be issued for the arrest of the offender. The trial may be had upon affidavits, or either party may demand the production and oral examination of witnesses.   A party found guilty of violating the provisions of an injunction shall be punished as for contempt in the discretion of the judge.    (Ga. L. 1917, p. 177, § 4; Code 1933, § 72-308.)
GA Code § 41-3-13 (2021)
2021 Georgia Code|Title 41 - Nuisances|Chapter 3 - Places Used for Unlawful Sexual and Drug Activities|§ 41-3-13. Abatement of Nuisance by State Courts and Municipal Courts of Municipalities Having Population of 15,000 or More

 In addition to the remedies provided for by Code Sections 41-3-2 through 41-3-12, state courts and the municipal courts of municipalities having a population of 15,000 or more according to the United States decennial census of 1970 or any future such census, when the nuisance exists within the corporate limits of such municipalities, shall have jurisdiction to hear and determine the question of the existence of the nuisance defined by Code Section 41-3-1 and, if found to exist, to order its abatement, which order shall be directed to and executed by the sheriff or marshal of any such court or his deputy.   (Code 1933, § 72-313, enacted by Ga. L. 1979, p. 1025, § 2.)
GA Code § 42-2-1 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 2 - Board and Department of Corrections|§ 42-2-1. Creation

 There is created the Department of Corrections.   (Ga. L. 1982, p. 3, § 42; Ga. L. 1985, p. 283, § 1; Ga. L. 2012, p. 899, § 7-3/HB 1176.)    The 2012 amendment,  effective July 1, 2012, substituted the present provisions of this Code section for the former provisions, which read: "As used in this chapter, the term:   "(1) 'Board' means the Board of Corrections.   "(2) 'Commissioner' means the commissioner of corrections.   "(3) 'Department' means the Department of Corrections." See Editor's notes for applicability.   Editor's notes.   - Ga. L. 2012, p. 899, § 9-1(a)/HB 1176, not codified by the General Assembly, provides: "This Act shall become effective on July 1, 2012, and shall apply to offenses which occur on or after that date. Any offense occurring before July 1, 2012, shall be governed by the statute in effect at the time of such offense and shall be considered a prior conviction for the purpose of imposing a sentence that provides for a different penalty for a subsequent conviction for the same type of offense, of whatever degree or level, pursuant to this Act."   Law reviews.   - For article, "The Chevron Two-Step in Georgia's Administrative Law," see 46 Ga. L. Rev. 871 (2012). For article on the 2012 amendment of this Code section, see 29 Ga. St. U.L. Rev. 290 (2012).   JUDICIAL DECISIONS    Cited in Wolcott v. State, 278 Ga. 664, 604 S.E.2d 478 (2004); Gay v. Owens, 292 Ga. 480, 738 S.E.2d 614 (2013).
GA Code § 42-2-2 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 2 - Board and Department of Corrections|§ 42-2-2. Board Members, Officers, Records, and Compensation

  On and after July 1, 1983, the board shall consist of one member from each congressional district in the state and five additional members from the state at large. All members shall be appointed by the Governor, subject to confirmation by the Senate. The initial terms of members shall be as follows: two members representative of congressional districts and one at-large member shall be appointed for a term ending July 1, 1984; two members representative of congressional districts and one at-large member shall be appointed for a term ending July 1, 1985; two members representative of congressional districts and one at-large member shall be appointed for a term ending July 1, 1986; two members representative of congressional districts and one at-large member shall be appointed for a term ending July 1, 1987; and two members representative of congressional districts and one at-large member shall be appointed for a term ending July 1, 1988. Thereafter, all members appointed to the board by the Governor shall be appointed for terms of five years and until their successors are appointed and qualified. In the event of a vacancy during the term of any member by reason of death, resignation, or otherwise, the appointment of a successor by the Governor shall be for the remainder of the unexpired term of such member.   The first members appointed under this Code section shall be appointed for terms which begin July 1, 1983. The members of the board serving on April 1, 1983, shall remain in office until their successors are appointed and qualified.   The board shall annually elect one of its members as chairman and shall elect from its membership a secretary of the board. The secretary of the board shall keep adequate records and minutes of all business and official acts of the board. Records of the board shall be maintained in the office of the commissioner.   Each member of the Board of Corrections shall receive the sum provided for by Code Section 45-7-21 for each day of actual attendance at meetings of the board and for each day of travel as a member of a committee of the board. In addition, upon recommendation by the chairman or the board, each member shall receive for out-of-state travel actual expenses incurred in connection therewith and reimbursement for actual transportation costs while traveling by public carrier or the legal mileage rate for the use of a personal automobile in connection with such attendance. Such sums, expenses, and costs shall be paid from funds appropriated or otherwise available to the Department of Corrections.    (Ga. L. 1956, p. 161, § 8; Ga. L. 1983, p. 507, § 2; Ga. L. 1984, p. 22, § 42; Ga. L. 1986, p. 179, § 1.)   Editor's notes.   - Ga. L. 1983, p. 507, § 1, not codified by the General Assembly, provides as follows: "It is the intent of this Act to implement certain changes required by Article III, Section VI, Paragraph IV, subparagraph (b) of the Constitution of the State of Georgia."
GA Code § 42-2-3 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 2 - Board and Department of Corrections|§ 42-2-3. Board Meetings

 The board shall meet once each month in the office of the commissioner, unless in the discretion of a majority of the board it is necessary or convenient to meet elsewhere to carry out the duties of the board. Special meetings may be held at such times and places as shall be specified by the call of the chairman of the board or by the commissioner. The secretary of the board shall give written notice of the time and place of all meetings of the board to each member of the board and to the commissioner. Meetings of the board shall be open to the public. However, the board may hold executive sessions pursuant to Chapter 14 of Title 50 whenever it, in its discretion, deems advisable. A majority of the board shall constitute a quorum for the transaction of business.   (Ga. L. 1956, p. 161, § 7; Ga. L. 1987, p. 457, § 1; Ga. L. 2002, p. 1426, § 1.)
GA Code § 42-2-4 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 2 - Board and Department of Corrections|§ 42-2-4. Department Created

 There is created the Department of Corrections.   (Ga. L. 1972, p. 1069, § 9; Ga. L. 1985, p. 283, § 1.)   OPINIONS OF THE ATTORNEY GENERAL   Liability for probationers' injuries.    - Neither the state, and particularly the Department of Offender Rehabilitation (Corrections) and its employees in their official capacities, may incur liability as a result of a probationer injured while performing court-ordered community service work except to the extent permitted by O.C.G.A. § 28-5-85. 1983 Op. Att'y Gen. No. 83-18.    Department of Offender Rehabilitation (Corrections) employees, authorized by law to supervise probationers while the probationers are performing approved court-ordered tasks under O.C.G.A. §§ 42-8-71,42-8-72, and42-8-73 are performing a governmental function as opposed to a ministerial task, and therefore will not be personally liable for injuries to the probationers sustained while performing the tasks unless the employees' conduct is willful and wanton. 1983 Op. Att'y Gen. No. 83-18.   RESEARCH REFERENCES   Am. Jur. 2d.   - 60 Am. Jur. 2d, Penal and Correctional Institutions, § 20.
GA Code § 42-2-5 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 2 - Board and Department of Corrections|§ 42-2-5. Administrative Functions of Department

  The department shall administer the state's correctional institutions and the rehabilitative programs conducted therein.   The department shall provide The Council of Superior Court Clerks of Georgia the data set forth in Code Section 15-12-40.1, without charge and in the electronic format requested.    (Ga. L. 1972, p. 1069, § 15; Ga. L. 1978, p. 1647, § 4; Ga. L. 2014, p. 451, § 13/HB 776.)    The 2014 amendment,  effective July 1, 2014, designated the existing provisions as subsection (a) and added subsection (b).   OPINIONS OF THE ATTORNEY GENERAL   Collection of child support payments.   - Department of Offender Rehabilitation (Corrections) should collect child support payments for individuals between the ages of 18 and 21 when such payments arise out of court orders in existence prior to July 1, 1972. 1972 Op. Att'y Gen. No. U72-40.
GA Code § 42-2-5.2 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 2 - Board and Department of Corrections|§ 42-2-5.2. Educational Programs for Adult Offenders; Awarding of Program and Treatment Completion Certificate

  The board, acting alone or in cooperation with the State Board of the Technical College System of Georgia or other relevant education agencies, shall provide overall direction of educational programs for adult offenders in the correctional system and shall exercise program approval authority. The board may enter into written agreements with other educational organizations and agencies in order to provide adult offenders with such education and employment skills most likely to encourage gainful employment and discourage return to criminal activity upon release. The board may also enter into agreements with other educational organizations and agencies to attain program certification for its vocational and technical education programs.   The board shall develop and implement programs to assist adult offenders with reentry into society upon release from prison. In addition to educational and vocational programs, reentry programs may include social and behavioral programs, substance abuse counseling, mentoring programs, financial planning, physical and mental health programs, and housing and federal assistance programs.   The board shall create a Program and Treatment Completion Certificate that may be issued to offenders under the rules and regulations of the board. Such certificate shall symbolize an offender's achievements toward successful reentry into society. The board's rules and regulations relating to the issuance of such certificate shall take into account an offender's disciplinary record and any other factor the board deems relevant to an individual's qualification for such certificate. The board's rules and regulations shall specify eligibility considerations and requirements for completion of such certificate. An offender who was convicted of a serious violent felony, as such term is defined in Code Section 17-10-6.1, shall not be eligible for such certificate.   Nothing in this Code section shall be construed to constitute a waiver of the sovereign immunity of the state, and no action shall be maintained against the state or any agency or department thereof for issuance of or failure to issue any Program and Treatment Completion Certificate.     (Code 1981, §42-2-5.2, enacted by Ga. L. 2014, p. 34, § 1-6/SB 365.)   Cross references.   - Presumptions in issuance of Program and Treatment Completion Certificate, § 51-1-54.
GA Code § 42-2-6 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 2 - Board and Department of Corrections|§ 42-2-6. Office of Commissioner Created; General Duties; Appointment; Compensation

  There is created the position of commissioner of corrections. The commissioner shall be the chief administrative officer of the department. Subject to the general policy established by the board, the commissioner shall supervise, direct, account for, organize, plan, administer, and execute the functions vested in the department by this title.   The commissioner shall be appointed by and shall serve at the pleasure of the board. Beginning July 1, 1999, the salary of the commissioner shall be set by the Governor and the expenses and allowances of the commissioner shall be as set by statute.    (Ga. L. 1972, p. 1069, § 11; Ga. L. 1978, p. 1647, § 2; Ga. L. 1985, p. 283, § 1; Ga. L. 1999, p. 910, § 2; Ga. L. 1999, p. 1213, § 3.)   OPINIONS OF THE ATTORNEY GENERAL   Duty to maintain records of tort actions.   - Commissioner of offender rehabilitation (corrections) should maintain any records related to possible tort action for at least two years after a possible tort occurs. 1972 Op. Att'y Gen. No. 72-75.    Penal institution in Georgia  is any facility used to punish criminal offenders. 1980 Op. Att'y Gen. No. 80-121.   Designation of places for carrying out execution.   - Present law limits the place of execution only to penal institutions other than the old prison farm in Baldwin County. The commissioner is authorized to designate any such penal institution as the place for carrying out an execution. 1980 Op. Att'y Gen. No. 80-121.   RESEARCH REFERENCES   Am. Jur. 2d.   - 60 Am. Jur. 2d, Penal and Correctional Institutions, § 20. 63A Am. Jur. 2d, Public Officers and Employees, §§ 26, 93 et seq., 223, 298 et seq., 431 et seq., 448 et seq.   C.J.S.   - 67 C.J.S., Officers and Public Employees, §§ 318, 322-326.
GA Code § 42-2-7 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 2 - Board and Department of Corrections|§ 42-2-7. Duties of Commissioner Relating to Department Retirements

 The commissioner shall act for the department for and in compliance to any retirement provisions for the employees and officials of the department.   (Ga. L. 1961, p. 124, § 1.)
GA Code § 42-2-9 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 2 - Board and Department of Corrections|§ 42-2-9. Selection of Department Personnel; Establishment and Maintenance of Roster of Employees

 The commissioner is authorized to appoint and employ such clerical force as is necessary to carry on the administration of the penal system. He may also employ such experts and technical help as are needed, along with assistants to the commissioner, wardens, superintendents, guards, and other employees necessary for the operation of the state operated institutions where inmates are confined. The commissioner shall establish and maintain in his office a complete roster of all employees in his office and in each of the various institutions operating under the authority of the board.   (Ga. L. 1956, p. 161, § 10; Ga. L. 1984, p. 940, § 1.)   OPINIONS OF THE ATTORNEY GENERAL   Determination of mental disease and transfer to mental hospital.    - Ga. L. 1956, p. 161, §§ 9, 10, 11, and 14 (see now O.C.G.A. §§ 42-2-8,42-2-9,42-2-11, and42-5-52) indicate that the director (now commissioner) of corrections was authorized to determine whether or not an inmate was mentally diseased and should be transferred to a state mental hospital. 1968 Op. Att'y Gen. No. 68-136.   Wardens are employees of state or counties.    - Law provides for two types of wardens: those at "state-operated institutions" under Ga. L. 1956, p. 161, § 10 (see now O.C.G.A. § 42-2-9), and those "appointed by the governing authority of the county" under Ga. L. 1956, p. 161, § 18 (see now O.C.G.A. § 42-5-30); a person cannot be a warden within the state penal system unless the warden is an employee either of the state or a county authorized to maintain a county correctional institution under the supervision of the Board of Corrections. 1973 Op. Att'y Gen. No. 73-72.    Duty of selecting and employing wardens  is vested exclusively in Board of Corrections and the director (now commissioner) thereof; the board and the board's director (now commissioner) are to exercise their informed and expert judgment in selecting and discharging such officials, and any contract or agreement whereby they seek to divest themselves of that discretion, power, and judgment is void as being contrary to public policy. 1958-59 Op. Att'y Gen. p. 241.   Supplementing employee salaries.   - Department of Offender Rehabilitation (Corrections) may supplement salaries of teachers at Georgia Industrial Institute who are provided by the local board of education. 1962 Op. Att'y Gen. p. 162.   RESEARCH REFERENCES   C.J.S.   - 72 C.J.S., Prisons and Rights of Prisoners, §§ 13, 115.
GA Code § 42-2-10 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 2 - Board and Department of Corrections|§ 42-2-10. Office of Board, Commissioner, and Staff

 The executive office of the board and the commissioner shall be located in the City of Atlanta, and suitable quarters shall be assigned to the board and the commissioner and to his staff of employees.   (Ga. L. 1956, p. 161, § 27.)