reglab/housing_qa huggingface dataset:
GA Code § 42-3-74 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 3 - Community Supervision and Transition|Article 4 - Pretrial Release and Diversion Programs|§ 42-3-74. Judicial Approval for Pretrial Release and Diversion Program Required

 No person shall be released on an unsecured judicial release as provided for in Code Section 17-6-12 or approved for a pretrial release and diversion program without first having the approval in writing of the judge of the court having jurisdiction of the case.    (Code 1981, §42-3-74, enacted by Ga. L. 2015, p. 422, § 1-1/HB 310; Ga. L. 2020, p. 570, § 3-3/SB 402.)    The 2020 amendment,  effective January 1, 2021, substituted "an unsecured judicial release as provided for in Code Section 17-6-12" for "his or her own recognizance" near the beginning of this Code section.
GA Code § 42-3-110 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 3 - Community Supervision and Transition|Article 6 - Probation Management|§ 42-3-110. Short Title

 This article shall be known and may be cited as the "Probation Management Act."    (Code 1981, §42-3-110, enacted by Ga. L. 2015, p. 422, § 1-1/HB 310.)
GA Code § 42-3-111 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 3 - Community Supervision and Transition|Article 6 - Probation Management|§ 42-3-111. Definitions

 For purposes of this article, the term:    "Chief community supervision officer" means the highest ranking field community supervision officer in each judicial circuit.   "Electronic monitoring" means supervising, mapping, or tracking the location of a probationer by means including electronic surveillance, voice recognition, facial recognition, fingerprinting or biometric scan, automated kiosk, automobile ignition interlock device, or global positioning systems which may coordinate data with crime scene information.   "Hearing officer" means an impartial DCS employee or representative who has been selected and appointed to hear alleged cases regarding violations of probation for administrative sanctioning.   "Initial sanction" means the sanction set by the judge upon initial sentencing.   "Options system day reporting center" means a state facility providing supervision of probationers which includes, but is not limited to, mandatory reporting, program participation, drug testing, community service, all special conditions of probation, and general conditions of probation as set forth in Code Section 42-8-35.   "Options system probationer" means a probationer who has been sentenced to the sentencing options system.   "Probation supervision" means a level of probation supervision which includes, but is not limited to, general conditions of probation as set forth in Code Section 42-8-35 and all special conditions of probation.   "Residential substance abuse treatment facility" means a state correctional facility that provides inpatient treatment for alcohol and drug abuse.   "Sentencing options system" means a continuum of sanctions for probationers that includes the sanctions set forth in subsection (c) of Code Section 42-3-113.     (Code 1981, §42-3-111, enacted by Ga. L. 2015, p. 422, § 1-1/HB 310.)   Law reviews.   - For article, "Hiding in Plain Sight: A Fourth Amendment Framework for Analyzing Government Surveillance in Public," see 66 Emory L.J. 527 (2017).
GA Code § 42-3-112 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 3 - Community Supervision and Transition|Article 6 - Probation Management|§ 42-3-112. Sentencing Options System

  In addition to any other terms or conditions of probation provided for under this chapter, the sentencing judge may require that defendants who are sentenced to probation pursuant to subsection (c) of Code Section 42-8-34 be ordered to the sentencing options system.   When a defendant has been ordered to the sentencing options system, the court shall retain jurisdiction throughout the period of the probated sentence as provided in subsection (g) of Code Section 42-8-34 and may modify or revoke any part of a probated sentence as provided in Code Section 42-8-34.1 and subsection (c) of Code Section 42-8-38.     (Code 1981, §42-3-112, enacted by Ga. L. 2015, p. 422, § 1-1/HB 310.)
GA Code § 42-3-113 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 3 - Community Supervision and Transition|Article 6 - Probation Management|§ 42-3-113. System of Administrative Sanctions

  DCS shall be authorized to establish by rules and regulations a system of administrative sanctions as an alternative to judicial modifications or revocations for probationers who violate the terms and conditions of the sentencing options system established under this article. DCS may not, however, sanction probationers for violations of special conditions of probation or general conditions of probation for which the sentencing judge has expressed an intention that such violations be heard by the court pursuant to Code Section 42-8-34.1.   DCS shall only impose restrictions which are equal to or less restrictive than the sanction cap set by the sentencing judge.   The administrative sanctions which may be imposed by DCS are as follows, from most restrictive to least restrictive:   Probation detention center or residential substance abuse treatment facility;   Probation boot camp;   DCS day reporting center;   Electronic monitoring;   Community service; or   Probation supervision.     DCS may order offenders sanctioned pursuant to paragraphs (1) through (3) of subsection (c) of this Code section to be held in the local jail until transported to a designated facility.     (Code 1981, §42-3-113, enacted by Ga. L. 2015, p. 422, § 1-1/HB 310.)
GA Code § 42-3-114 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 3 - Community Supervision and Transition|Article 6 - Probation Management|§ 42-3-114. Preliminary Hearing for Alleged Violation of Probation

  Whenever an options system probationer is arrested on a warrant for an alleged violation of probation, an informal preliminary hearing shall be held within a reasonable time not to exceed 15 days.   A preliminary hearing shall not be required when:   The probationer is not under arrest on a warrant;   The probationer signed a waiver of a preliminary hearing; or   The administrative hearing referred to in Code Section 42-3-115 will be held within 15 days of arrest.       (Code 1981, §42-3-114, enacted by Ga. L. 2015, p. 422, § 1-1/HB 310.)
GA Code § 42-3-115 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 3 - Community Supervision and Transition|Article 6 - Probation Management|§ 42-3-115. Authorization to Impose Administrative Sanctions; Petition; Hearing; Administrative Proceeding

  If an options system probationer violates the conditions of probation, DCS may impose administrative sanctions as an alternative to judicial modification or revocation of probation.   Upon issuance of a petition outlining the alleged probation violations, the chief community supervision officer, or his or her designee, may conduct a hearing to determine whether an options system probationer has violated a condition of probation. If the chief community supervision officer determines that the probationer has violated a condition of probation, the chief community supervision officer shall be authorized to impose sanctions consistent with paragraphs (4) through (6) of subsection (c) of Code Section 42-3-113. The failure of an options system probationer to comply with a sanction imposed by the chief community supervision officer shall constitute a violation of probation.     Upon issuance of a petition outlining the alleged probation violations, the hearing officer may initiate an administrative proceeding to determine whether an options system probationer has violated a condition of probation. If the hearing officer determines by a preponderance of the evidence that the probationer has violated a condition of probation, the hearing officer may impose sanctions consistent with Code Section 42-3-113.   The administrative proceeding provided for under this subsection shall be commenced within 15 days but not less than 48 hours after notice of the administrative proceeding has been served on the probationer. The administrative proceeding may be conducted electronically.     The failure of a probationer to comply with the sanction or sanctions imposed by the chief community supervision officer or hearing officer shall constitute a violation of probation.   An options system probationer may at any time waive a hearing and voluntarily accept the sanctions proposed by DCS.     (Code 1981, §42-3-115, enacted by Ga. L. 2015, p. 422, § 1-1/HB 310; Ga. L. 2016, p. 864, § 42/HB 737.)    The 2016 amendment,  effective May 3, 2016, part of an Act to revise, modernize, and correct the Code, substituted "paragraphs (4) through (6)" for "paragraphs (4) through (7)" in the second sentence of subsection (b).
GA Code § 42-3-116 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 3 - Community Supervision and Transition|Article 6 - Probation Management|§ 42-3-116. Finality of Hearing Officer's Decision; Request for Review; Appeal

  The hearing officer's decision shall be final unless the options system probationer files a request for review with the senior hearing officer. A request for review must be filed within 15 days of the issuance of DCS's decision. Such request shall not stay DCS's decision. The senior hearing officer shall issue a response within seven days of receipt of the review request.   The senior hearing officer's decision shall be final unless the options system probationer files an appeal in the sentencing court. Such appeal shall name the commissioner as defendant and shall be filed within 30 days of the issuance of the decision by the senior hearing officer.   This appeal shall first be reviewed by the judge upon the record. At the judge's discretion, a de novo hearing may be held on the decision. The filing of the appeal shall not stay DCS's decision.   Where the sentencing judge does not act on the appeal within 30 days of the date of the filing of the appeal, DCS's decision shall be affirmed by operation of law.     (Code 1981, §42-3-116, enacted by Ga. L. 2015, p. 422, § 1-1/HB 310.)
GA Code § 42-3-117 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 3 - Community Supervision and Transition|Article 6 - Probation Management|§ 42-3-117. Article Not Construed as Repealing Any Court's Probationary or Supervisory Power

 Nothing contained in this article shall be construed as repealing any power given to any court of this state to place offenders on probation or to provide conditions of supervision for offenders.    (Code 1981, §42-3-117, enacted by Ga. L. 2015, p. 422, § 1-1/HB 310.)
GA Code § 42-3-118 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 3 - Community Supervision and Transition|Article 6 - Probation Management|§ 42-3-118. Applicability of Article

 This article shall only apply in judicial circuits where DCS has allocated certified hearing officers.    (Code 1981, §42-3-118, enacted by Ga. L. 2015, p. 422, § 1-1/HB 310.)
GA Code § 42-3-119 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 3 - Community Supervision and Transition|Article 6 - Probation Management|§ 42-3-119. Liberal Construction of Article

 This article shall be liberally construed so that its purposes may be achieved.    (Code 1981, §42-3-119, enacted by Ga. L. 2015, p. 422, § 1-1/HB 310.)
GA Code § 42-4-2 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 4 - Jails|Article 1 - General Provisions|§ 42-4-2. Oath and Bond of Jailers

 Before commencing to carry out the duties of their office, jailers must give to the sheriff a bond and surety for the sum of $1,000.00, conditioned for the faithful performance of their duties as jailers, and shall take and subscribe before the sheriff of their respective counties, to be filed in and entered into the records of the sheriff's office, the following oath:   "I do swear that I will well and truly do and perform, all and singular, the duties of jailer for the County of ______; and that I will humanely treat prisoners who may be brought to the jail of which I am keeper and not suffer them to escape by any negligence or inattention of mine. So help me God."   (Laws 1811, Cobb's 1851 Digest, pp. 201, 202; Code 1863, § 332; Code 1868, § 393; Code 1873, § 357; Code 1882, § 357; Penal Code 1895, § 1121; Penal Code 1910, § 1150; Code 1933, § 77-102; Ga. L. 1987, p. 342, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 63A Am. Jur. 2d, Public Officers and Employees, § 487 et seq.   C.J.S.   - 72 C.J.S., Prisons and Rights of Prisoners, § 126.   ALR.   - Personal liability of policeman, sheriff, or similar peace officer on his bond, for injury suffered as a result of failure to enforce law or arrest lawbreaker, 41 A.L.R.3d 700.
GA Code § 42-4-3 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 4 - Jails|Article 1 - General Provisions|§ 42-4-3. When Coroner to Act as Keeper of Jail

 The county coroner shall be keeper of the jail when the sheriff is imprisoned or absent from the county leaving no deputy.   (Orig. Code 1863, § 564; Code 1868, § 628; Code 1873, § 587; Code 1882, § 587; Penal Code 1895, § 1122; Penal Code 1910, § 1151; Code 1933, § 77-105.)   Cross references.   - Coroners generally, T. 45, C. 16.   RESEARCH REFERENCES   C.J.S.   - 80 C.J.S., Sheriffs and Constables, §§ 31, 37.
GA Code § 42-4-6 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 4 - Jails|Article 1 - General Provisions|§ 42-4-6. Confinement and Care of Tubercular Inmates; Crediting of Time Spent in Hospital or Institution Against Sentence

  When any person confined in the common jail who is awaiting trial for any offense against the penal laws of this state or who has been convicted of an offense or who is serving any jail sentence imposed upon him by authority or who has been committed for any civil or criminal contempt or who is serving any misdemeanor sentence under county jurisdiction in a county correctional institution or other institution for the maintenance of county inmates is afflicted with tuberculosis, the judge of the superior court may order the person's delivery by the sheriff to an institution as may be approved and supported by the Department of Public Health for the care of tubercular patients; thereupon, he shall be so delivered and received in such institution and shall be securely confined, kept, and cared for.   The period of time a person is kept and confined in a hospital or institution pursuant to subsection (a) of this Code section shall be credited upon any jail sentence being served by him, in the same manner as though he had remained in jail. Any person committed for any civil or criminal contempt shall remain for all purposes under the orders, jurisdiction, and authority of the court committing him for contempt while in the hospital or institution, in the same manner as though he had remained in the common jail.    (Ga. L. 1960, p. 769, § 2; Ga. L. 1964, p. 365, § 1; Ga. L. 1994, p. 97, § 42; Ga. L. 2009, p. 453, § 1-4/HB 228; Ga. L. 2011, p. 705, § 6-3/HB 214.)   Cross references.   - Hospitalization of persons for tuberculosis, T. 31, C. 14.   Law reviews.   - For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 147 (2011).   OPINIONS OF THE ATTORNEY GENERAL   Confinement of tubercular prisoners.   - When a prisoner is found to have tuberculosis, the prisoner will be sent to a state hospital or other approved hospital, and confinement there will count toward the prisoner's prison sentence. 1962 Op. Att'y Gen. p. 383.   RESEARCH REFERENCES   C.J.S.   - 72 C.J.S., Prisons and Rights of Prisoners, §§ 18, 136., 140.
GA Code § 42-4-8 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 4 - Jails|Article 1 - General Provisions|§ 42-4-8. Inquiry Into Contents of Inmate Record by Grand Jury; Failure to Comply With Code Section 42-4-7

 It shall be the duty of the grand jury, at each term of the superior court held in the county, to inquire into the contents of the record kept by the sheriff as required by Code Section 42-4-7. If the record is not kept or is incorrectly kept, the grand jury shall so report to the court. Upon the report's being made, the judge presiding shall cause the district attorney to have the sheriff served with a rule requiring him to show cause why he should not be punished for contempt. The judge shall inquire into the facts and, if he finds that Code Section 42-4-7 has not been complied with, he shall impose a fine of not less than $25.00 nor more than $50.00 for the first offense and not more than $100.00 and not less than $50.00 for each subsequent offense. The fines shall be enforced and collected by attachment, as in other cases of attachments against sheriffs.   (Ga. L. 1877, p. 111, § 2; Code 1882, § 366b; Penal Code 1895, § 1126; Penal Code 1910, § 1155; Code 1933, § 77-109; Ga. L. 1994, p. 97, § 42.)   Cross references.   - Frequency with which grand jury must perform duties, § 15-12-71.   RESEARCH REFERENCES   Am. Jur. 2d.   - 38 Am. Jur. 2d, Grand Jury, §§ 34-37.   C.J.S.   - 72 C.J.S., Prisons and Rights of Prisoners, §§ 123, 124.
GA Code § 42-4-9 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 4 - Jails|Article 1 - General Provisions|§ 42-4-9. Conditions for Receipt of Federal Prisoners

 The keeper of a county jail may decline to receive a person from the custody of anyone acting under the authority of the United States government. He may receive the person if the consent of the authority having control of county matters is first obtained. If the keeper receives the person he shall have the same duties and responsibilities toward him as in the case of inmates committed under the authority of this state.   (Orig. Code 1863, § 334; Code 1868, § 395; Code 1873, § 359; Code 1882, § 359; Ga. L. 1889, p. 47, § 2; Penal Code 1895, § 1123; Penal Code 1910, § 1152; Code 1933, § 77-106.)   RESEARCH REFERENCES   C.J.S.   - 72 C.J.S., Prisons and Rights of Prisoners, § 3.
GA Code § 42-4-10 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 4 - Jails|Article 1 - General Provisions|§ 42-4-10. Receipt of Additional Federal Prisoners After Initial Acceptance

 If the keeper of the jail consents to receive a person from the custody of federal authorities, as provided in Code Section 42-4-9, neither the jailer nor the county authorities shall refuse to receive any other person so committed by the authority of the United States government unless 20 days' prior written notice of the sheriff's refusal to receive any more persons committed by the federal authorities is given by him to the United States marshal or other federal officers charged with the custody of such persons.   (Ga. L. 1889, p. 47, § 3; Penal Code 1895, § 1124; Penal Code 1910, § 1153; Code 1933, § 77-107.)   RESEARCH REFERENCES   C.J.S.   - 72 C.J.S., Prisons and Rights of Prisoners, § 3.
GA Code § 42-4-11 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 4 - Jails|Article 1 - General Provisions|§ 42-4-11. Procedure for Transfer of Person in Custody Upon Change of Venue

 In all cases in which a change of venue is made, the sheriff of the county from which a person in custody is to be moved shall carry the person to the county to which the change of venue was directed and deliver him to the sheriff of such county, who shall then take charge of the person as in other cases. The sheriff of the county from which the person is to be moved shall carry with him and deliver to the sheriff the warrant under which the person was arrested or the commitment.   (Ga. L. 1868, p. 133, § 1; Code 1873, § 4688; Code 1882, § 4688; Penal Code 1895, § 1129; Penal Code 1910, § 1158; Code 1933, § 77-112.)   Cross references.   - Change of venue generally, Ga. Const. 1983, Art. VI, Sec. II, Para. VIII and § 17-7-150 et seq.   JUDICIAL DECISIONS   Official authorized to receive documents when change of venue granted.    - When in a criminal case a change of venue is granted, a certified copy of the order for that purpose is required to be transmitted to the clerk of the superior court of the county to which the change is made; but the original indictment and other papers in the case are required to be sent to that county. Graham v. State, 143 Ga. 440, 85 S.E. 328, 1917A Ann. Cas. 595 (1915).    Cited in  Manders v. Lee, 338 F.3d 1304 (11th Cir. 2003).
GA Code § 42-4-12 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 4 - Jails|Article 1 - General Provisions|§ 42-4-12. Penalty for Refusal by Officer to Receive Persons Charged With or Guilty of Offense

 Except as otherwise provided in this Code section, any sheriff, constable, keeper of a jail, or other officer whose duty it is to receive persons charged with or guilty of an indictable offense who refuses to receive and take charge of such a person shall, upon conviction thereof, be guilty of a misdemeanor and shall be punished by a fine of not more than $1,000.00. A sheriff, constable, keeper of a jail, or other officer whose duty it is to receive persons charged with or guilty of an indictable offense shall be authorized to refuse acceptance of any person who has not received medical treatment for obvious physical injuries or conditions of an emergency nature. Upon such refusal, it shall be the responsibility of the arresting agency to take the individual to a health care facility or health care provider in order to secure a medical release. Upon medical release by the health care facility or health care provider, the sheriff, constable, or keeper of the jail must assume custody of the individual; provided, however, that in all cases the sheriff, constable, or keeper of the jail must assume custody where no health care facility is located in the county in which the arrest occurred and, in such instances, the governing authority of the arresting agency shall pay all costs related to the medical release.   (Cobb's 1851 Digest, p. 807; Code 1863, § 4380; Code 1868, § 4418; Code 1873, § 4486; Code 1882, § 4486; Penal Code 1895, § 285; Penal Code 1910, § 289; Code 1933, § 77-9902; Ga. L. 1996, p. 1638, § 1.)   Law reviews.   - For review of 1996 legislation relating to jails, see 13 Ga. U. L. Rev. 269 and 273 (1996).   JUDICIAL DECISIONS   Implied right to refuse persons not charged with indictable offense.    - This section by implication gives the sheriff a right to refuse to receive any prisoner who is not charged with or guilty of an indictable offense, in that the only penalties provided are for refusal to receive persons charged with or guilty of indictable offenses. Tate v. National Sur. Corp., 58 Ga. App. 874, 200 S.E. 314 (1938).    Sheriff of county has a statutory duty to accept all city prisoners and the county commissioners have authority to require the sheriff to do so. Griffin v. Chatham County, 244 Ga. 628, 261 S.E.2d 570 (1979).    Cited in Smith v. Glen Falls Indem. Co., 71 Ga. App. 697, 32 S.E.2d 105 (1944); Manders v. Lee, 338 F.3d 1304 (11th Cir. 2003).   OPINIONS OF THE ATTORNEY GENERAL   No surcharge payment as condition of serving sentence.   - Sheriff must accept into custody those individuals convicted of criminal offenses who have been sentenced to a term of incarceration, and the sheriff may not require payment of a surcharge as a condition precedent to service of the sentence. 1992 Op. Att'y Gen. No. U92-4.