reglab/housing_qa huggingface dataset:
GA Code § 42-5-37.1 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 5 - Correctional Institutions of State and Counties|Article 2 - Wardens, Superintendents, and Other Personnel|§ 42-5-37.1. Compensation of Employees of Institutions Operated by Department for Damages to Wearing Apparel Caused by Inmate Action

  As used in this Code section, the term "wearing apparel" means eyeglasses, hearing aids, clothing, and similar items worn on the person of the employee.   When action by an inmate in one of the penal institutions operated by the department results in damage to an item of wearing apparel of an employee of the institution, the department shall compensate the employee for the loss in the amount of the repair cost, the replacement value, or the cost of the item of wearing apparel, whichever is less.   Such losses shall be compensated only in accordance with procedures to be established by the department.    (Ga. L. 1981, p. 1429, § 1.)
GA Code § 42-5-38 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 5 - Correctional Institutions of State and Counties|Article 2 - Wardens, Superintendents, and Other Personnel|§ 42-5-38. Making False Statement as to Age to Procure Employment

 Any person who makes a false statement as to his age in order to procure employment as a correctional officer, warden, superintendent, or other employee shall be guilty of a misdemeanor.   (Ga. L. 1908, p. 1119, § 10; Penal Code 1910, § 1193; Code 1933, § 77-9905.)
GA Code § 42-5-39 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 5 - Correctional Institutions of State and Counties|Article 2 - Wardens, Superintendents, and Other Personnel|§ 42-5-39. Refusal by Officer to Receive Inmates in Correctional Institution

 If the superintendent or warden of a state or county correctional institution or other officer or person employed therein whose duty it is to receive inmates fails or refuses to do so, he shall be punished by confinement not exceeding ten years and shall be dismissed from office.   (Cobb's 1851 Digest, p. 807; Code 1863, § 4381; Code 1868, § 4419; Code 1873, § 4487; Code 1882, § 4487; Penal Code 1895, § 286; Penal Code 1910, § 290; Code 1933, § 77-9903.)
GA Code § 42-5-40 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 5 - Correctional Institutions of State and Counties|Article 2 - Wardens, Superintendents, and Other Personnel|§ 42-5-40. Requiring Inmates to Do Unnecessary Work on Sunday

 Any superintendent, warden, or other correctional official who causes any inmate to do any work on Sunday, except works of necessity, shall be guilty of a misdemeanor.   (Ga. L. 1908, p. 1119, § 14; Penal Code 1910, § 420; Code 1933, § 26-6909; Code 1933, § 26-9909, enacted by Ga. L. 1968, p. 1249, § 1.)   Law reviews.   - For comment criticizing judicial intervention in Brown v. Teel, 236 A.2d 699 (N.H. 1967), and advocating deference to legislative determination of Sunday business law, see 19 Mercer L. Rev. 445 (1968). For comment on Hughes v. Reynolds, 223 Ga. 727, 157 S.E.2d 746 (1967), holding the Sunday Business Activities Act of 1967 (Code 1933, Ch. 96-8) unconstitutional, see 19 Mercer L. Rev. 479 (1968).   RESEARCH REFERENCES   ALR.   - Validity, construction, and effect of "Sunday closing" or "blue" laws - modern status, 10 A.L.R.4th 246.
GA Code § 42-5-41 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 5 - Correctional Institutions of State and Counties|Article 2 - Wardens, Superintendents, and Other Personnel|§ 42-5-41. Compensation of Department Employee Injured by Inmate or Probationer

 Repealed by Ga. L. 1986, p. 1491, § 2, effective July 1, 1986.   Editor's notes.   - This Code section was based on Ga. L. 1985, p. 1113, § 1. For current provisions regarding compensation of department employees injured in the line of duty by an act of external violence, see Code Section 45-7-9.
GA Code § 42-5-51.1 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 5 - Correctional Institutions of State and Counties|Article 3 - Conditions of Detention Generally|§ 42-5-51.1. Retention of Inmate in State Penal Institution Pending Trial on Offense Committed While in Confinement

  When an inmate of the state penal system is charged with a misdemeanor or felony alleged to have been committed by such inmate within the confines of a state correctional institution and has been denied bond relating to such charge, the sheriff of the county in which such charge is pending may request that such inmate remain in the custody of the department after the sentence for which the department has jurisdiction over the inmate has been served and until adjudication of such charge. The commissioner, in consultation with the warden or superintendent of the institution where such inmate is housed, shall make a determination regarding the retention of custody and shall notify such sheriff of his or her determination within 36 hours of such request. In making such a determination, the commissioner shall consider the space available in the institution, the potential safety benefits of retaining such inmate, and any other factors he or she deems relevant for making such determination.   No request pursuant to subsection (a) of this Code section shall be considered by the commissioner unless the inmate is housed in an institution located in the county in which the offense is alleged to have occurred.   No inmate who remains in a state correctional institution pursuant to a request granted under subsection (a) of this Code section shall be transferred to a correctional institution located outside the county which made such request unless the commissioner determines such transfer is necessary for the inmate's physical or mental health.     (Code 1981, §42-5-51.1, enacted by Ga. L. 2020, p. 478, § 1/SB 301.)
GA Code § 42-5-52.2 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 5 - Correctional Institutions of State and Counties|Article 3 - Conditions of Detention Generally|§ 42-5-52.2. Testing of Prison Inmates for Hiv; Consolidation of Inmates Testing Positive

  For purposes of this Code section, "HIV" means HIV as defined by Code Section 31-22-9.1.   The department shall implement an HIV testing program whereby any state inmate who has been in the custody of a state penal institution for one year or longer and who has not previously tested positive for HIV shall be tested for HIV within 30 days prior to his or her expected date of release from the custody of the department.   Each person tested as provided in subsection (b) of this Code section shall be notified by the department in writing of the results of such testing prior to his or her release. Prior to the release of any person testing positive for HIV, the appropriate information as required by Code Sections 24-12-21 and 31-22-9.2 or other law shall be provided by the department to the Department of Public Health. Prior to the release of any person testing positive for HIV, the department shall also provide to such person in writing contact information regarding medical, educational, and counseling services available through the Department of Public Health. Any person testing positive for HIV shall be provided instruction relating to living with HIV, the prevention of the spread of such virus, and the legal consequences of infecting unknowing partners.   The department shall seek state and federal grants or other possible sources of revenue for the purpose of funding a program of HIV testing authorized by this Code section. In addition, the department is authorized to accept gifts, subject to the approval of the board, for the purpose of funding such program.   The department shall consolidate inmates who have tested positive for HIV in a manner that most efficiently provides education, counseling, and treatment for such persons.   The provisions of this Code section shall not be construed to limit the provision for HIV testing in Code Section 42-9-42.1.     (Code 1981, §42-5-52.2, enacted by Ga. L. 2009, p. 611, § 1/SB 64; Ga. L. 2011, p. 99, § 61/HB 24; Ga. L. 2011, p. 705, § 6-3/HB 214.)   Editor's notes.   - Ga. L. 2011, p. 99, § 101/HB 24, not codified by the General Assembly, provides that this Act shall apply to any motion made or hearing or trial commenced on or after January 1, 2013.   Law reviews.   - For article, "Evidence," see 27 Ga. St. U.L. Rev. 1 (2011). For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 1 (2011). For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 147 (2011).
GA Code § 42-5-56 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 5 - Correctional Institutions of State and Counties|Article 3 - Conditions of Detention Generally|§ 42-5-56. Visitation With Minors by Convicted Sexual Offenders

  As used in this Code section, the term "sexual offense” means a violation of Code Section 16-6-1, relating to the offense of rape; Code Section 16-6-2, relating to the offenses of sodomy and aggravated sodomy; Code Section 16-6-5.1, relating to the offense of improper sexual contact by employee or agent, improper sexual contact by a foster parent, and improper sexual contact by person in a position of trust; Code Section 16-6-22, relating to the offense of incest; or Code Section 16-6-22.2, relating to the offense of aggravated sexual battery, when the victim was under 18 years of age at the time of the commission of any such offense; or a violation of Code Section 16-6-3, relating to the offense of statutory rape; Code Section 16-6-4, relating to the offenses of child molestation and aggravated child molestation; or Code Section 16-6-5, relating to the offense of enticing a child for indecent purposes, when the victim was under 16 years of age at the time of the commission of any such offense.   Any inmate with a current or prior conviction for any sexual offense as defined in subsection (a) of this Code section shall not be allowed visitation with any person under the age of 18 years unless such person is the spouse, son, daughter, brother, sister, grandson, or granddaughter of the inmate and such person is not the victim of a sexual offense for which the inmate was convicted. If visitation with a minor is restricted by court order, permission for special visitation with the minor may be granted only by the court issuing such order.     (Code 1971, §42-5-56, enacted by Ga. L. 1999, p. 591, § 1; Ga. L. 2019, p. 912, § 6/SB 9; Ga. L. 2020, p. 245, § 3/HB 911; Ga. L. 2021, p. 516, § 5/SB 117.)    The 2019 amendment,  effective July 1, 2019, substituted "improper sexual contact by employee or agent" for "sexual assault against a person in custody" in the middle of subsection (a).    The 2020 amendment,  effective January 1, 2021, inserted "and improper sexual contact by a foster parent" in the middle of subsection (a).    The 2021 amendment,  effective July 1, 2021, substituted "agent, improper sexual contact by a foster parent, and improper sexual contact by person in a position of trust" for "agent and improper sexual contact by a foster parent" in the middle of subsection (a).   Editor's notes.   - The former provisions of this Code section, concerning temporary transfer of convicted persons pending appeal and adoption of rules and regulations by the board, were based on Ga. L. 1971, p. 341, § 4, and were repealed by Ga. L. 1982, p. 1364, § 3, effective January 1, 1983.   Administrative Rules and Regulations.   - Visitation, Official Compilation of the Rules and Regulations of the State of Georgia, Board of Corrections, Institutional and Center Operations, Chapter 125-3-4.
GA Code § 42-5-60.1 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 5 - Correctional Institutions of State and Counties|Article 3 - Conditions of Detention Generally|§ 42-5-60.1. Utilization of Inmates of County Correctional Institutions for Work on Outdoor Assignments During Inclement Weather; Supervision of Inmates

  As used in this Code section, the term "inclement weather" means weather in which there is rain or in which the temperature is below 28 degrees Fahrenheit.   Inmates of a county correctional institution who are otherwise required to work on outdoor assignments shall work on such assignments notwithstanding inclement weather if employees of any governmental entity within the county in which the work is to be performed are performing outdoor work during such inclement weather and such work is similar in kind or in degree of exertion to that to be performed by the inmates.   Correctional officers and other supervisory personnel shall be available to supervise adequately those inmates performing outdoor work in inclement weather.    (Ga. L. 1981, p. 1421, § 1.)
GA Code § 42-5-62 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 5 - Correctional Institutions of State and Counties|Article 3 - Conditions of Detention Generally|§ 42-5-62. Forfeiture of Contraband

 The possession by an inmate on his person or in his cell, immediate sleeping area, locker, or immediate place of work or assignment of any form of securities, bonds, coins, currency, or legal tender, unless expressly and specifically authorized by the individual institution concerned, shall constitute contraband and be subject to forfeiture. With respect to state correctional institutions, all such securities, bonds, coins, currency, or legal tender shall vest in the state and shall be paid into the state treasury. With respect to county correctional institutions, all such currency and other items shall vest in the county and shall be paid into the county treasury.   (Ga. L. 1980, p. 1095, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 60 Am. Jur. 2d, Penal and Correctional Institutions, § 95.   C.J.S.   - 72 C.J.S., Prisons and Rights of Prisoners, §§ 61, 73.
GA Code § 42-5-64 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 5 - Correctional Institutions of State and Counties|Article 3 - Conditions of Detention Generally|§ 42-5-64. Educational Programming

  The commissioner shall maintain an educational program within the state prison system to assist inmates in achieving at least a fifth-grade level on standardized reading tests. Inmates who test below the fifth-grade level and who have been sentenced to incarceration for a period of one year or longer shall be required by institutional staff to attend appropriate classes until they attain this level or until they are released from incarceration, whichever event occurs first; provided, however, that inmates who have remained in the educational program for 90 school days may voluntarily withdraw thereafter. The commissioner or his designee shall have the discretion to exclude certain inmates from the provisions of this subsection due to the inability of such inmates to benefit from an educational program for reasons which may include: custody status, particularly of those inmates under a death sentence; mental handicap or physical illness; participation in a boot camp program; or possession of a general education diploma or high school diploma. The State Board of Pardons and Paroles shall incorporate satisfactory participation in such an educational program into the parole guidelines adopted pursuant to Code Section 42-9-40.   For the purposes of this Code section, educational programming shall not apply to inmates who:   Have been sentenced to death;   Have attained 50 years of age; or   Have serious learning disabilities.     The commissioner shall provide additional educational programs in which inmates can voluntarily participate to further their education beyond the fifth-grade level.   The commissioner shall utilize available services and programs within the Department of Education, and the Department of Education shall cooperate with the commissioner in the establishment of educational programs and the testing of inmates as required in this Code section.   The commissioner shall be authorized to promulgate rules and regulations necessary to carry out the provisions of this Code section.     (Code 1981, §42-5-64, enacted by Ga. L. 1986, p. 1596, § 2; Ga. L. 1992, p. 3219, § 1.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1986, "programming" was substituted for "programing" in subsection (b).   Pursuant to Code Section 28-9-5, in 1992, in subsection (a) as amended by Ga. L. 1992, p. 3219, § 1, "Paroles" was substituted for "Parole" in the fourth sentence of subsection (a).   Editor's notes.   - Ga. L. 1992, p. 3219, § 2, not codified by the General Assembly, provides: "This Act shall become effective only when funds are specifically appropriated for purposes of this Act in an appropriations Act making specific reference to this Act. This Act shall apply to those inmates sentenced to the Department of Corrections after its effective date." Funds were appropriated by the General Assembly at the 1993 session.   RESEARCH REFERENCES   C.J.S.   - 72 C.J.S., Prisons and Rights of Prisoners, § 59.
GA Code § 42-5-65 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 5 - Correctional Institutions of State and Counties|Article 3 - Conditions of Detention Generally|§ 42-5-65. Victim Photographs Prohibited; Exception

  For purposes of this Code section, the term "inmate" means any person confined in a penal institution or confined in another facility under the jurisdiction of or subject to the authority of the board or while under the custody of officials, officers, or employees under the authority of the board.   An inmate who is serving a sentence for a violation of Chapter 5 of Title 16 relating to crimes against the person shall be prohibited from possessing or carrying about his or her person or maintaining in any prison cell or similar area under his or her control any photograph, picture, or similar depiction of any victim of the offense for which he or she is serving where such photograph, picture, or depiction was a part of the criminal investigation, prosecution, or evidence leading to the inmate's conviction.   An inmate who is serving a sentence for a violation of Chapter 6 of Title 16 relating to sexual offenses shall be prohibited from possessing or carrying about his or her person or maintaining in any prison cell or similar area under his or her control any photograph, picture, or similar depiction of any victim of the offense for which he or she is serving.   A person acting in violation of this Code section shall be guilty of a misdemeanor.   This Code section shall not apply where the photograph or picture is needed for use in any civil or criminal proceeding provided that the inmate receives permission by a court having jurisdiction over the proceeding and only for so long as and in such manner as directed by court order.   Nothing in this Code section shall limit further restrictions or limitations on the possession of contraband or victim photographs by persons confined or under the custody of the board as deemed appropriate by the board.     (Code 1981, §42-5-65, enacted by Ga. L. 2007, p. 169, § 1/SB 34; enacted by Ga. L. 2007, p. 224, § 2/HB 313.)   Code Commission notes.   - The enactment of this Code section by Ga. L. 2007, p. 169, § 1, irreconcilably conflicted with and was treated as superseded by Ga. L. 2007, p. 224, § 2. See County of Butts v. Strahan, 151 Ga. 417 (1921).   OPINIONS OF THE ATTORNEY GENERAL   Fingerprinting of offenders not required.    - Violation of O.C.G.A. § 42-5-65(d) is not an offense designated as one that requires fingerprinting. 2008 Op. Att'y Gen. No. 2008-1.
GA Code § 42-5-80 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 5 - Correctional Institutions of State and Counties|Article 4 - Granting Special Leaves, Emergency Leaves, and Limited Leave Privileges|§ 42-5-80. Authorization and General Procedure for Granting Special Leave

 Whenever recommended by the warden or superintendent of any penal institution in which inmates committed to the custody of the commissioner have been assigned, the commissioner may grant special leave to an inmate to leave the institution in which he is incarcerated for participation in special community or other meritorious programs or activities deemed beneficial to the inmate and not detrimental to the public. The activity must be such as, in the opinion of the warden or superintendent and the commissioner, will contribute to the rehabilitation process of the inmate involved. In order to be considered for this special leave, the inmate shall be eligible solely upon the concurrence of the warden or superintendent and the commissioner that positive attitudinal and growth patterns are being established. Under no condition shall any inmate be permitted to leave the state under this Code section. This Code section shall not apply to convicted sex offenders.   (Ga. L. 1971, p. 342, §§ 1, 2; Ga. L. 1972, p. 579, §§ 1, 2; Ga. L. 1975, p. 898, § 1.)
GA Code § 42-5-81 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 5 - Correctional Institutions of State and Counties|Article 4 - Granting Special Leaves, Emergency Leaves, and Limited Leave Privileges|§ 42-5-81. Issuance of Special Leave; Filing

 All special leaves must be issued in writing, must set a determinate period of duration, and must be signed by both the warden or superintendent and by the commissioner; this authority may not be delegated except as provided in Code Section 42-5-84. All such writings must be kept on file in the office of the commissioner.   (Ga. L. 1971, p. 342, § 2; Ga. L. 1972, p. 579, § 2.)
GA Code § 42-5-82 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 5 - Correctional Institutions of State and Counties|Article 4 - Granting Special Leaves, Emergency Leaves, and Limited Leave Privileges|§ 42-5-82. Purposes for Which Special Leave May Be Granted

 A special leave may be granted for the purpose of:    Attending educational programs;   Improving job skills;   Attending trade licensing examinations;   Being interviewed for employment;   Participating in drug abuse, delinquency, or crime prevention programs;   Participating as a volunteer for a nonprofit organization or governmental agency in an activity serving the general public; or   For any purpose which the department deems beneficial to both the inmate and the public.    (Ga. L. 1971, p. 342, § 3; Ga. L. 1972, p. 579, § 3.)
GA Code § 42-5-83 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 5 - Correctional Institutions of State and Counties|Article 4 - Granting Special Leaves, Emergency Leaves, and Limited Leave Privileges|§ 42-5-83. Emergency Leaves

 The warden or superintendent of any penal institution in which inmates committed to the custody of the commissioner have been assigned may authorize, without the prior written approval of the commissioner, emergency leave to an inmate when it is confirmed that there exists a serious illness or death in the inmate's immediate family and when notice and confirmation of the illness or death does not reach the warden or superintendent in time to authorize special leave in the manner provided in Code Section 42-5-81. Emergency leave cannot be granted under this Code section to any inmate who has been convicted of a sex offense, who has escaped or attempted to escape within 12 months preceding the emergency, who has not served sufficient time to demonstrate his responsibility and dependability, or who has an assaultive pattern determined to exist either from the nature of the offense for which he has been convicted or from conduct while incarcerated in the penal institution. The warden or superintendent granting the emergency leave must forward immediately a written report of the action to the commissioner.   (Ga. L. 1975, p. 898, § 2.)