reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 3 - COMMUNITY SUPERVISION (§§ 42-3-1 — 42-3-119) › Article 5 - DIVERSION CENTERS (§ 42-3-90) › Section 42-3-90 - Establishment of diversion center; authorization for travel to and from employment; requirements during confinement at diversion center

A county shall be authorized to establish a diversion center under the direction of the sheriff of the county in which the diversion center is located and a diversion program for the confinement of certain individuals who have been found in contempt of court for violation of orders granting temporary or permanent alimony or child support and sentenced pursuant to subsection (c) of Code Section
15-1-4
. While in such diversion program, the respondent shall be authorized to travel to and from his or her place of employment and to continue his or her occupation. The official in charge of the diversion program or his or her designee shall prescribe the routes, manner of travel, and periods of travel to be used by the respondent in attending to his or her occupation. If the respondent's occupation requires the respondent to travel away from his or her place of employment, the amount and conditions of such travel shall be approved by the official in charge of the diversion center or his or her designee. When the respondent is not traveling to or from his or her place of employment or engaging in his or her occupation, such respondent shall be confined in the diversion center during the term of the sentence. With the approval of the sheriff or his or her designee, the respondent may participate in educational or counseling programs offered at the diversion center. While participating in the diversion program, such respondent shall be liable for alimony or child support as previously ordered, including arrears, and his or her income shall be subject to the provisions of Code Sections
19-6-30
through
19-6-33.1
and Chapter 11 of Title 19. In addition, should any funds remain after payment of child support or alimony, such respondent may be charged a fee payable to the county operating the diversion program to cover the costs of his or her incarceration and the administration of the diversion program which fee shall be not more than $30.00 per day or the actual per diem cost of maintaining the respondent, whichever is less, for the entire period of time such respondent is confined to the diversion center and participating in the diversion program. If such respondent fails to comply with any of the requirements imposed upon him or her in accordance with this Code section, nothing shall prevent the sentencing judge from revoking such assignment to such diversion program and providing for alternative methods of incarceration.
Amended by 2017 Ga. Laws 242,§ 2-5, eff. 7/1/2017.
Added by 2015 Ga. Laws 73,§ 1-1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 3 - COMMUNITY SUPERVISION (§§ 42-3-1 — 42-3-119) › Article 6 - PROBATION MANAGEMENT ACT (§§ 42-3-110 — 42-3-119) › Section 42-3-110 - Short title

This article shall be known and may be cited as the "Probation Management Act."
Added by 2015 Ga. Laws 73,§ 1-1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 3 - COMMUNITY SUPERVISION (§§ 42-3-1 — 42-3-119) › Article 6 - PROBATION MANAGEMENT ACT (§§ 42-3-110 — 42-3-119) › Section 42-3-111 - Definitions

For purposes of this article, the term:
(1)
"Chief community supervision officer" means the highest ranking field community supervision officer in each judicial circuit.
(2)
"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.
(3)
"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.
(4)
"Initial sanction" means the sanction set by the judge upon initial sentencing.
(5)
"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
.
(6)
"Options system probationer" means a probationer who has been sentenced to the sentencing options system.
(7)
"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.
(8)
"Residential substance abuse treatment facility" means a state correctional facility that provides inpatient treatment for alcohol and drug abuse.
(9)
"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
.
Added by 2015 Ga. Laws 73,§ 1-1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 3 - COMMUNITY SUPERVISION (§§ 42-3-1 — 42-3-119) › Article 6 - PROBATION MANAGEMENT ACT (§§ 42-3-110 — 42-3-119) › Section 42-3-112 - Sentencing options system

(a)
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.
(b)
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
.
Added by 2015 Ga. Laws 73,§ 1-1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 3 - COMMUNITY SUPERVISION (§§ 42-3-1 — 42-3-119) › Article 6 - PROBATION MANAGEMENT ACT (§§ 42-3-110 — 42-3-119) › Section 42-3-113 - System of administrative sanctions

(a)
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
.
(b)
DCS shall only impose restrictions which are equal to or less restrictive than the sanction cap set by the sentencing judge.
(c)
The administrative sanctions which may be imposed by DCS are as follows, from most restrictive to least restrictive:
(1)
Probation detention center or residential substance abuse treatment facility;
(2)
Probation boot camp;
(3)
DCS day reporting center;
(4)
Electronic monitoring;
(5)
Community service; or
(6)
Probation supervision.
(d)
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.
Added by 2015 Ga. Laws 73,§ 1-1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 3 - COMMUNITY SUPERVISION (§§ 42-3-1 — 42-3-119) › Article 6 - PROBATION MANAGEMENT ACT (§§ 42-3-110 — 42-3-119) › Section 42-3-114 - Preliminary hearing for alleged violation of probation

(a)
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.
(b)
A preliminary hearing shall not be required when:
(1)
The probationer is not under arrest on a warrant;
(2)
The probationer signed a waiver of a preliminary hearing; or
(3)
The administrative hearing referred to in Code Section
42-3-115
will be held within 15 days of arrest.
Added by 2015 Ga. Laws 73,§ 1-1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 3 - COMMUNITY SUPERVISION (§§ 42-3-1 — 42-3-119) › Article 6 - PROBATION MANAGEMENT ACT (§§ 42-3-110 — 42-3-119) › Section 42-3-115 - Authorization to impose administrative sanctions; petition; hearing; administrative proceeding

(a)
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.
(b)
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.
(c)
(1)
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
.
(2)
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.
(d)
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.
(e)
An options system probationer may at any time waive a hearing and voluntarily accept the sanctions proposed by DCS.
Amended by 2016 Ga. Laws 625,§ 42, eff. 5/3/2016.
Added by 2015 Ga. Laws 73,§ 1-1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 3 - COMMUNITY SUPERVISION (§§ 42-3-1 — 42-3-119) › Article 6 - PROBATION MANAGEMENT ACT (§§ 42-3-110 — 42-3-119) › Section 42-3-116 - Finality of hearing officer's decision; request for review; appeal

(a)
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.
(b)
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.
(c)
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.
(d)
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.
Added by 2015 Ga. Laws 73,§ 1-1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 3 - COMMUNITY SUPERVISION (§§ 42-3-1 — 42-3-119) › Article 6 - PROBATION MANAGEMENT ACT (§§ 42-3-110 — 42-3-119) › Section 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.
Added by 2015 Ga. Laws 73,§ 1-1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 3 - COMMUNITY SUPERVISION (§§ 42-3-1 — 42-3-119) › Article 6 - PROBATION MANAGEMENT ACT (§§ 42-3-110 — 42-3-119) › Section 42-3-118 - Applicability of article

This article shall only apply in judicial circuits where DCS has allocated certified hearing officers.
Added by 2015 Ga. Laws 73,§ 1-1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 3 - COMMUNITY SUPERVISION (§§ 42-3-1 — 42-3-119) › Article 6 - PROBATION MANAGEMENT ACT (§§ 42-3-110 — 42-3-119) › Section 42-3-119 - Liberal construction of article

This article shall be liberally construed so that its purposes may be achieved.
Added by 2015 Ga. Laws 73,§ 1-1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 4 - JAILS (§§ 42-4-1 — 42-4-105) › Article 1 - GENERAL PROVISIONS (§§ 42-4-1 — 42-4-16) › Section 42-4-1 - Appointment of county and municipal jailers

(a)
By virtue of their offices, sheriffs are jailers of the counties and have the authority to appoint other jailers, subject to the supervision of the county governing authority, as prescribed by law.
(b)
By virtue of their offices, chiefs of police are the jailers of the municipal corporations and have the authority to appoint other jailers, subject to the supervision of the municipal governing authority, as prescribed by law. Each jailer of a municipal corporation shall maintain the records required of sheriffs by subsection (a) of Code Section
42-4-7
.
(c)
Jailers who have been certified by the Georgia Peace Officer Standards and Training Council as having successfully completed the course of training required by Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act,' shall be authorized to arrest any person found to be in violation of a criminal law that occurs within the jail or within the perimeter guard lines of such jail established pursuant to subsection (j) of Code Section
42-4-13
. Jailers shall be further authorized to exercise arrest powers upon any person for whom a complaint or arrest warrant is pending who surrenders into custody at his or her jail.
Amended by 2024 Ga. Laws 506,§ 3, eff. 7/1/2024.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 4 - JAILS (§§ 42-4-1 — 42-4-105) › Article 1 - GENERAL PROVISIONS (§§ 42-4-1 — 42-4-16) › Section 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."
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 4 - JAILS (§§ 42-4-1 — 42-4-105) › Article 1 - GENERAL PROVISIONS (§§ 42-4-1 — 42-4-16) › Section 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.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 4 - JAILS (§§ 42-4-1 — 42-4-105) › Article 1 - GENERAL PROVISIONS (§§ 42-4-1 — 42-4-16) › Section 42-4-4 - Duties of sheriff as to jail inmates

(a)
It shall be the duty of the sheriff:
(1)
To take from the outgoing sheriff custody of the jail and the bodies of such persons as are confined therein, along with the warrant or cause of commitment;
(2)
To furnish persons confined in the jail with medical aid, heat, and blankets, to be reimbursed if necessary from the county treasury, for neglect of which he shall be liable to suffer the penalty prescribed in this Code section; provided, however, that, with respect to an inmate covered under Article 3 of this chapter, the officer in charge will provide such person access to medical aid and may arrange for the person's health insurance carrier to pay the health care provider for the aid rendered; and
(3)
To take all persons arrested or in execution under any criminal or civil process to the jail of an adjoining county, or to the jail of some other county if the latter is more accessible, if the jail of his county is in an unsafe condition, under such rules as are prescribed in this chapter.
(b)
Subject to the provisions of this subsection and except as provided by law or as directed by a court of competent jurisdiction, a sheriff shall not release a prisoner from his custody prior to the lawful completion of his sentence including any lawful credits under a trusty system. The provision shall not, however, preclude a sheriff from designating an inmate as a trusty and utilizing him in a lawful manner and, furthermore, this provision shall not preclude a sheriff from transferring a prisoner to another jail in another county if the sheriff concludes that such transfer is in the best interest of the prisoner or that such transfer is necessary for the orderly administration of the jail.
(c)
Any sheriff or deputy who fails to comply with this Code section shall be fined for contempt, as is the clerk of the superior court in similar cases. The sheriff or deputy shall also be subject to removal from office as prescribed in Code Section
15-16-26
.
Amended by 2012 Ga. Laws 599,§ II-2-10, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 4 - JAILS (§§ 42-4-1 — 42-4-105) › Article 1 - GENERAL PROVISIONS (§§ 42-4-1 — 42-4-16) › Section 42-4-5 - Cruelty to inmates

(a)
No jailer, by duress or other cruel treatment, shall make or induce an inmate to accuse or give evidence against another; nor shall he be guilty of willful inhumanity or oppression to any inmate under his care and custody.
(b)
Any jailer who violates subsection (a) of this Code section shall be punished by removal from office and imprisonment for not less than one year nor longer than three years.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 4 - JAILS (§§ 42-4-1 — 42-4-105) › Article 1 - GENERAL PROVISIONS (§§ 42-4-1 — 42-4-16) › Section 42-4-6 - Confinement and care of tubercular inmates; crediting of time spent in hospital or institution against sentence

(a)
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.
(b)
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.
Amended by 2011 Ga. Laws 244,§ 6-3, eff. 7/1/2011.
Amended by 2009 Ga. Laws 102,§ 1-4, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 4 - JAILS (§§ 42-4-1 — 42-4-105) › Article 1 - GENERAL PROVISIONS (§§ 42-4-1 — 42-4-16) › Section 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.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 4 - JAILS (§§ 42-4-1 — 42-4-105) › Article 1 - GENERAL PROVISIONS (§§ 42-4-1 — 42-4-16) › Section 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.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 4 - JAILS (§§ 42-4-1 — 42-4-105) › Article 1 - GENERAL PROVISIONS (§§ 42-4-1 — 42-4-16) › Section 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.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 4 - JAILS (§§ 42-4-1 — 42-4-105) › Article 1 - GENERAL PROVISIONS (§§ 42-4-1 — 42-4-16) › Section 42-4-11 - Transfer procedure 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.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 4 - JAILS (§§ 42-4-1 — 42-4-105) › Article 1 - GENERAL PROVISIONS (§§ 42-4-1 — 42-4-16) › Section 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.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 4 - JAILS (§§ 42-4-1 — 42-4-105) › Article 1 - GENERAL PROVISIONS (§§ 42-4-1 — 42-4-16) › Section 42-4-15 - Limitations on medical charges for providing emergency medical care services to individuals in custody

(a)
As used in this Code section, the term:
(1)
"Detainee" means a person held in a detention facility who is charged with or convicted of a criminal offense or charged with or adjudicated for a delinquent act and a person detained, arrested, or otherwise held in lawful custody for a criminal offense or delinquent act.
(2)
"Detention facility" means any municipal or county jail or other facility used for the detention of persons charged with or convicted of a criminal offense or charged with or adjudicated for a delinquent act.
(3)
"Emergency health care" means bona fide emergency services provided after the onset of a medical or traumatic condition manifesting itself by acute symptoms of sufficient severity such that the absence of immediate medical attention could reasonably be expected to result in placing the person's health in serious jeopardy, serious impairment to bodily functions, or serious dysfunction of any bodily organ or part. The term covers any form of emergency medical treatment, including dental, optical, psychological, or other types of emergency conditions.
(4)
"Follow-up health care" means medical and hospital care and medication administered in conjunction with and arising from emergency health care treatment.
(b)
A hospital or other health care facility licensed or established pursuant to Chapter 7 of Title 31 which is not a party to an emergency health care services contract with a sheriff or a governing authority or its agent on July 1, 2011, shall be reimbursed no more than the applicable Georgia Medicaid rate for emergency health care and follow-up health care services provided to a detainee.
(c)
No hospital or other health care facility shall discharge a detainee with an emergency health care condition so as to require an immediate transfer to another medical provider for the same condition unless the reasonable standard of care requires such a transfer.
(d)
Nothing in this Code section shall be construed to limit reimbursements for emergency health care services when insurance coverage is available for payment for such services. Nor shall this Code section be construed so as to limit or remove responsibility for payment of emergency health care services by a provider of insurance that is otherwise responsible for payment of part or all of such services.
(e)
Nothing in this Code section shall prohibit the governing authority from negotiating higher fees or rates with hospitals.
Added by 2011 Ga. Laws 109,§ 1, eff. 5/11/2011.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 4 - JAILS (§§ 42-4-1 — 42-4-105) › Article 1 - GENERAL PROVISIONS (§§ 42-4-1 — 42-4-16) › Section 42-4-16 - [Effective 12/31/2024] [Report by individual in supervisory role at county jail or municipal detention facility]

(a)
At least quarterly, an individual in a supervisory role at a county jail or municipal detention facility shall prepare and post on the public website of the local jurisdiction where his or her jail or detention facility is located, a report for his or her jail or detention facility which includes the following information for the most recent quarter:
(1)
The total number of inmates booked into the county jail or municipal detention facility;
(2)
The total number of inquiries made to the Law Enforcement Support Center (LESC) of the United States Department of Homeland Security or any other federal agency inquiring relating to the immigration status or prior arrests of foreign-born inmates;
(3)
The total number of responses received for requests made by the county jail or municipal detention facility pursuant to paragraph (2) of this subsection;
(4)
The total number of responses as provided for in paragraph (3) of this subsection that indicated a foreign-born inmate of the county jail or municipal detention facility is an illegal alien as such term is defined in Code Section
42-4-14
;
(5)
The number of immigration detainers issued by the United States Immigration and Customs Enforcement Division of the Department of Homeland Security for prisoners in the county jail or municipal detention facility; and
(6)
A sworn affidavit signed by the individual in a supervisory role at the county jail or municipal detention facility verifying compliance with Code Section
42-4-14
and all other applicable law.
(b)
Any person who knowingly and willfully makes a false, fictitious, or fraudulent statement of representation in a report required by this Code section shall be guilty of a violation of Code Section
16-10-20
.
Added by 2024 Ga. Laws 505,§ 10, eff. 12/31/2024.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 4 - JAILS (§§ 42-4-1 — 42-4-105) › Article 2 - CONDITIONS OF DETENTION (§§ 42-4-30 — 42-4-33) › Section 42-4-30 - Definitions

As used in this article, the term:
(1)
"Detention facility" means a municipal or county jail used for the detention of persons charged with or convicted of either a felony, a misdemeanor, or a municipal offense.
(2)
"Inmate" means a person who is detained in a detention facility by reason of being charged with or convicted of a felony, a misdemeanor, or a municipal offense.
(3)
"Officer in charge" means the sheriff, if the detention facility is under his supervision, or the warden, captain, or superintendent having the supervision of any other detention facility.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 4 - JAILS (§§ 42-4-1 — 42-4-105) › Article 2 - CONDITIONS OF DETENTION (§§ 42-4-30 — 42-4-33) › Section 42-4-31 - Required safety and security measures

(a)
It shall be unlawful for any person having charge of or responsibility for any detention facility to incarcerate any person in the detention facility unless a full-time jailer is on duty at the detention facility at all times while a person is incarcerated therein. For purposes of this Code section, a full-time dispatcher may also serve simultaneously as a full-time jailer in the case of:
(1)
A municipal detention facility with 12 or fewer inmates incarcerated therein if such dispatcher either:
(A)
Is equipped with mobile telephone and radio equipment which will allow such dispatcher to perform the duties of a dispatcher and the duties of a full-time jailer at the same time; or
(B)
Is provided with temporary assistance or relief from the duties of a dispatcher while performing the duties of a jailer; or
(2)
A municipal detention facility of a municipal corporation having a population of 6,000 or less if such dispatcher is certified both as a jailer and a dispatcher by the Georgia Peace Officer Standards and Training Council.
(b)
If the local governing authority having jurisdiction over a detention facility has knowledge that the facility is operating without a full-time jailer on duty while persons are incarcerated therein, each member of the local governing authority having such knowledge and failing to attempt to correct the deficiency shall be in violation of this article.
(c)
The officer in charge of a detention facility shall have the facility inspected semiannually by an officer from the state fire marshal's office or an officer selected by the Safety Fire Commissioner. Each detention facility shall be required to comply with this article with regard to fire safety and the applicable rules and regulations promulgated by the Safety Fire Commissioner. The inspecting officer shall fill out a form provided by the officer in charge and the form shall be posted in a conspicuous place by the officer in charge, thereby evidencing inspection of the facility.
(d)
There shall be at least two separate keys for all locks at a detention facility, with one set in use and all duplicate keys safely stored under the control of a jailer or other administrative employee for emergency use. All security personnel must be familiar with the locking system of the detention facility and must be able immediately to release inmates in the event of a fire or other emergency. Regular locking and unlocking of door and fire escape locks shall be made to determine if they are in good working order. Any damaged or nonfunctioning security equipment shall be promptly repaired.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 4 - JAILS (§§ 42-4-1 — 42-4-105) › Article 2 - CONDITIONS OF DETENTION (§§ 42-4-30 — 42-4-33) › Section 42-4-32 - Sanitation and health requirements

(a)
All aspects of food preparation and food service shall conform to the applicable standards of the Department of Public Health.
(b)
All inmates shall be given not less than two substantial and wholesome meals daily.
(c)
Sanitation inspections of both facilities and inmates shall be made as frequently as is necessary to ensure against the presence of unsanitary conditions. New inmates should be carefully classified, with adequate separation and treatment given as needed.
(d)
The officer in charge or his designated representative shall assure that each inmate is observed daily, and a physician shall be immediately called if there are indications of serious injury, wound, or illness. The instructions of the physician shall be strictly carried out. Ill inmates shall be furnished such food as is prescribed by the attending physician.
Amended by 2024 Ga. Laws 404,§ 8, eff. 7/1/2024.
Amended by 2011 Ga. Laws 244,§ 6-5, eff. 7/1/2011.
Amended by 2011 Ga. Laws 244,§ 6-3, eff. 7/1/2011.
Amended by 2009 Ga. Laws 102,§ 1-6, eff. 7/1/2009.
Amended by 2009 Ga. Laws 102,§ 1-4, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 4 - JAILS (§§ 42-4-1 — 42-4-105) › Article 2 - CONDITIONS OF DETENTION (§§ 42-4-30 — 42-4-33) › Section 42-4-33 - Penalties

Any person who violates this article shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 4 - JAILS (§§ 42-4-1 — 42-4-105) › Article 3 - MEDICAL SERVICES FOR INMATES (§§ 42-4-50 — 42-4-51) › Section 42-4-50 - Definitions

As used in this article, the term:
(1)
"Detention facility" means a municipal or county jail used for the detention of persons charged with or convicted of either a felony, a misdemeanor, or a municipal offense.
(2)
"Governing authority" means the governing authority of the county or municipality in which the detention facility is located.
(3)
"Inmate" means a person who is detained in a detention facility by reason of being charged with or convicted of a felony, a misdemeanor, or a municipal offense. Such term does not include any sentenced inmate who is the responsibility of the Department of Corrections.
(4)
"Medical care" includes medical attention, dental care, and medicine and necessary and associated costs such as transportation, guards, room, and board.
(5)
"Officer in charge" means the sheriff, if the detention facility is under his or her supervision, or the warden, captain, or superintendent having the supervision of any other detention facility.
Amended by 2015 Ga. Laws 73,§ 5-70, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 4 - JAILS (§§ 42-4-1 — 42-4-105) › Article 4 - DEDUCTIONS FROM INMATE ACCOUNTS FOR EXPENSES (§§ 42-4-70 — 42-4-71) › Section 42-4-70 - Definitions

As used in this article, the term:
(1)
"Detention facility" means a municipal or county jail used for the detention of persons charged with or convicted of either a felony, a misdemeanor, or a municipal offense.
(2)
"Inmate" means a person who is detained in a detention facility by reason of being charged with or convicted of a felony, a misdemeanor, or a municipal offense.
(3)
"Medical treatment" means each visit initiated by the inmate to an institutional physician; physician's extender, including a physician assistant or a nurse practitioner; dentist; optometrist; or psychiatrist for examination or treatment.
(4)
"Officer in charge" means the sheriff, if the detention facility is under his supervision, or the warden, captain, or superintendent having the supervision of any other detention facility.
Amended by 2009 Ga. Laws 243,§ 3, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 4 - JAILS (§§ 42-4-1 — 42-4-105) › Article 4 - DEDUCTIONS FROM INMATE ACCOUNTS FOR EXPENSES (§§ 42-4-70 — 42-4-71) › Section 42-4-71 - Deduction of costs from inmate's account for destruction of property, medical treatment, and other causes; exception for certain medical costs

(a)
The officer in charge may establish by rules or regulations criteria for a reasonable deduction from money credited to the account of an inmate to:
(1)
Repay the costs of:
(A)
Public property willfully damaged or destroyed by the inmate during his incarceration;
(B)
Medical treatment for injuries inflicted by the inmate upon himself or others;
(C)
Searching for and apprehending the inmate when he escapes or attempts to escape; such costs to be limited to those extraordinary costs incurred as a consequence of the escape; or
(D)
Quelling any riot or other disturbance in which the inmate is unlawfully involved;
(2)
Defray the costs paid by a municipality or county for medical treatment for an inmate, which medical treatment has been requested by the inmate, provided that such deduction from money credited to the account of an inmate shall not exceed $5.00 for each such occurrence of treatment received by the inmate at the inmate's request; provided, further, that if the balance in an inmate's account is $10.00 or less, such fee shall not be charged; and provided, further, that in the event that the costs of medical treatment of an inmate have been collected from said inmate pursuant to Code Section
42-4-51
, there shall be no deductions from money credited to the account of an inmate under the provisions of this paragraph for the cost of such medical treatment.
(b)
The provisions of paragraph (2) of subsection (a) of this Code section shall not apply in any case where an officer of the detention facility or a medical practitioner determines that an inmate is in need of medical treatment.
(c)
All sums collected for medical treatment shall be reimbursed to the inmate if such inmate is acquitted or otherwise exonerated of all charges for which the inmate was being held.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 4 - JAILS (§§ 42-4-1 — 42-4-105) › Article 5 - REGIONAL JAIL AUTHORITIES (§§ 42-4-90 — 42-4-105) › Section 42-4-90 - Short title

This article shall be known and may be cited as the "Regional Jail Authorities Act."
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 4 - JAILS (§§ 42-4-1 — 42-4-105) › Article 5 - REGIONAL JAIL AUTHORITIES (§§ 42-4-90 — 42-4-105) › Section 42-4-91 - Statement of authority; policy of state

(a)
This article is enacted pursuant to authority granted to the General Assembly by the Constitution of Georgia. Each authority created by this article is created for nonprofit and public purposes; and it is found, determined, and declared that the creation of each such authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of this state and that the authority is an institution of purely public charity and will be performing an essential governmental function in the exercise of the power conferred upon it by this article. For such reasons, the state covenants from time to time with the holders of the bonds issued under this article that such authority shall be required to pay no taxes or assessments imposed by the state or any of its counties, municipal corporations, political subdivisions, or taxing districts upon any property acquired by the authority or under its jurisdiction, control, possession, or supervision or leased by it to others; or upon its activities in the operation or maintenance of any such property; or upon any rentals, charges, purchase price, installments, or otherwise; and that the bonds of such authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state. The tax exemption provided in this Code section shall include exemption from sales and use tax on property purchased by the authority or for use by the authority.
(b)
It is the express policy of the State of Georgia that any authority created by this article shall be authorized to enter into agreements with any county or municipality within the same county as the regional jail authority for the purpose of building, owning, and operating a jail facility for the county or municipality.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 4 - JAILS (§§ 42-4-1 — 42-4-105) › Article 5 - REGIONAL JAIL AUTHORITIES (§§ 42-4-90 — 42-4-105) › Section 42-4-92 - Definitions

As used in this article, the term:
(1)
"Authority" means each public body corporate and politic created pursuant to this article.
(2)
"Cost of project" means all costs of site preparation and other start-up costs; all costs of construction; all costs of real and personal property required for the purposes of the jail facilities related thereto, including land and any rights or undivided interest therein, easements, franchises, fees, permits, approvals, licenses, and certificates and the securing of such permits, approvals, licenses, and certificates and all machinery and equipment, including motor vehicles which are used for jail functions; financing charges and interest prior to and during construction and during such additional period as the authority may reasonably determine to be necessary for the placing of the jail in operation; costs of engineering, architectural, and legal services; cost of plans and specifications and all expenses necessary or incident to determining the feasibility or practicability of the jail; administrative expenses; and such other expenses as may be necessary or incidental to the financing authorized in this article. The costs of any jail may also include funds for the creation of a debt service reserve, a renewal and replacement reserve, and such other reserves as may be reasonably required by the authority for the operation of any jail and as may be authorized by any bond resolution or trust agreement or indenture pursuant to the provisions of which the issuance of any such bonds may be authorized. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the costs of the jail and may be paid or reimbursed as such out of the proceeds of user fees, or revenue bonds or notes issued under this article for such jail, or from other revenues obtained by the authority.
(3)
"County" means any county of this state or governmental entity formed by the consolidation of a county and one or more municipal corporations.
(4)
"County regional jail authority" means a regional jail authority formed by counties pursuant to this article.
(5)
"Governing body" means the elected or duly appointed officials constituting the governing body of each county in the state.
(6)
"Management committee" means a regional jail authority management committee created pursuant to Code Section
42-4-95
.
(7)
"Municipal regional jail authority" means a regional jail authority formed by municipalities within the same county pursuant to this article.
(8)
"Municipality" means any municipal corporation of this state.
(9)
"Project" means a jail and all other structures including electric, gas, water, and other utilities and facilities, equipment, personal property, and vehicles which are deemed by the authority as necessary and convenient for the operation of the jail.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 4 - JAILS (§§ 42-4-1 — 42-4-105) › Article 5 - REGIONAL JAIL AUTHORITIES (§§ 42-4-90 — 42-4-105) › Section 42-4-93 - Creation of authorities; exemption from Georgia State Financing and Investment Commission Act

(a)
Any two or more counties may jointly form an authority, to be known as the county regional jail authority for such counties. Any two or more municipalities within the same county may jointly form an authority, to be known as the municipal regional jail authority for such municipalities. Municipalities located in more than one county may participate in municipal regional jail authorities in each county in which the municipality is located. No authority shall transact any business or exercise any powers under this article until the governing authorities of the counties or municipalities involved declare, by ordinance or resolution, that there is a need for an authority to function and until the governing authorities authorize the chief elected official of each county or municipality to enter into an agreement with the other counties or municipalities participating in the authority for the activation of an authority and such agreement is executed. Such authorities shall be public bodies, corporate and politic, and instrumentalities of the State of Georgia. A copy of the ordinance or resolution and agreement among participant counties or participant municipalities shall be filed with the Secretary of State who shall maintain a record of all authority activities under this article.
(b)
No county may be included in an authority without approval of the sheriff of the participant county.
(c)
Article 2 of Chapter 17 of Title 50, the "Georgia State Financing and Investment Commission Act," shall not apply to any authority created under this Code section.