reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 41 - NUISANCES (§§ 41-1-1 — 41-3-13) › Chapter 2 - ABATEMENT OF NUISANCES GENERALLY (§§ 41-2-1 — 41-2-17) › Section 41-2-10 - Determination by public officer that dwelling, building, or structure is unfit or vacant, dilapidated, and being used in connection with the commission of drug crimes

(a)
An ordinance adopted by a county or municipality under Code Sections
41-2-7
through
41-2-9
, this Code section, and Code Sections
41-2-11
through
41-2-17
shall provide that the public officer may determine, under existing ordinances, that a dwelling, building, or structure is unfit for human habitation or is unfit for its current commercial, industrial, or business use if he finds that conditions exist in such building, dwelling, or structure which are dangerous or injurious to the health, safety, or morals of the occupants of such dwelling, building, or structure; of the occupants of neighborhood dwellings, buildings, or structures; or of other residents of such county or municipality. Such conditions may include the following (without limiting the generality of the foregoing):
(1)
Defects therein increasing the hazards of fire, accidents, or other calamities;
(2)
Lack of adequate ventilation, light, or sanitary facilities;
(3)
Dilapidation;
(4)
Disrepair;
(5)
Structural defects; and
(6)
Uncleanliness.
Such ordinance may provide additional standards to guide the public officer, or his agents, in determining the fitness of a dwelling, building, or structure for human habitation or for its current commercial, industrial, or business use.
(b)
An ordinance adopted by a county or municipality under Code Sections
41-2-7
through
41-2-9
, this Code section, and Code Sections
41-2-11
through
41-2-17
shall provide that the public officer may determine, under existing ordinances, that a dwelling, building, or structure is vacant, dilapidated, and being used in connection with the commission of drug crimes upon personal observation or report of a law enforcement agency and evidence of drug crimes being committed.
2023 CODE OF GEORGIA › Title 41 - NUISANCES (§§ 41-1-1 — 41-3-13) › Chapter 2 - ABATEMENT OF NUISANCES GENERALLY (§§ 41-2-1 — 41-2-17) › Section 41-2-11 - Powers of public officers in regard to unfit buildings or structures

An ordinance adopted by the governing body of the county or municipality may authorize the public officer to exercise such powers as may be necessary or convenient to carry out and effectuate the purpose and provisions of Code Sections
41-2-7
through
41-2-10
, this Code section, and Code Sections
41-2-12
through
41-2-17
, including the following powers in addition to others granted in Code Sections
41-2-7
through
41-2-10
and Code Sections
41-2-12
through
41-2-17
:
(1)
To investigate the dwelling conditions in the unincorporated area of the county or in the municipality in order to determine which dwellings, buildings, or structures therein are unfit for human habitation or are unfit for current commercial, industrial, or business use or are vacant, dilapidated, and being used in connection with the commission of drug crimes;
(2)
To administer oaths and affirmations, to examine witnesses, and to receive evidence;
(3)
To enter upon premises for the purpose of making examinations; provided, however, that such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession;
(4)
To appoint and fix the duties of such officers, agents, and employees as he deems necessary to carry out the purposes of the ordinances; and
(5)
To delegate any of his functions and powers under the ordinance to such officers and agents as he may designate.
2023 CODE OF GEORGIA › Title 41 - NUISANCES (§§ 41-1-1 — 41-3-13) › Chapter 2 - ABATEMENT OF NUISANCES GENERALLY (§§ 41-2-1 — 41-2-17) › Section 41-2-12 - Service of complaints, orders, and other filings; notice

(a)
Complaints issued by a public officer pursuant to an ordinance adopted under Code Sections
41-2-7
through
41-2-11
, this Code section, and Code Sections
41-2-13
through
41-2-17
shall be served in the following manner. At least 14 days prior to the date of the hearing, the public officer shall mail copies of the complaint by certified mail or statutory overnight delivery, return receipt requested, to all interested parties whose identities and addresses are reasonably ascertainable. Copies of the complaint shall also be mailed by first-class mail to the property address to the attention of the occupants of the property, if any, and shall be posted on the property within three business days of filing the complaint and at least 14 days prior to the date of the hearing.
(b)
For interested parties whose mailing address is unknown, a notice stating the date, time, and place of the hearing shall be published in the newspaper in which the sheriff's advertisements appear in such county once a week for two consecutive weeks prior to the hearing.
(c)
A notice of lis pendens shall be filed in the office of the clerk of superior court in the county in which the dwelling, building, or structure is located at the time of filing the complaint in the appropriate court. Such notice shall have the same force and effect as other lis pendens notices provided by law.
(d)
Orders and other filings made subsequent to service of the initial complaint shall be served in the manner provided in this Code section on any interested party who answers the complaint or appears at the hearing. Any interested party who fails to answer or appear at the hearing shall be deemed to have waived all further notice in the proceedings.
Amended by 2004 Ga. Laws 659, § 3, eff. 7/1/2004.
Amended by 2001 Ga. Laws 368, § 4, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 41 - NUISANCES (§§ 41-1-1 — 41-3-13) › Chapter 2 - ABATEMENT OF NUISANCES GENERALLY (§§ 41-2-1 — 41-2-17) › Section 41-2-13 - Injunctions against order to repair, close, or demolish unfit buildings or structures

Any person affected by an order issued by the public officer may petition to the superior court for an injunction restraining the public officer from carrying out the provisions of the order and the court may, upon such petition, issue a temporary injunction restraining the public officer pending the final disposition of the cause; provided, however, that such person shall present such petition to the court within 15 days of the posting and service of the order of the public officer. De novo hearings shall be had by the court on petitions within 20 days. The court shall hear and determine the issues raised and shall enter such final order or decree as law and justice may require; provided, however, that it shall not be necessary to file bond in any amount before obtaining a temporary injunction under this Code section.
2023 CODE OF GEORGIA › Title 41 - NUISANCES (§§ 41-1-1 — 41-3-13) › Chapter 2 - ABATEMENT OF NUISANCES GENERALLY (§§ 41-2-1 — 41-2-17) › Section 41-2-14 - Taking of unfit buildings or structures by eminent domain; police power

Nothing in Code Sections
41-2-7
through
41-2-13
, this Code section, and Code Sections
41-2-15
through
41-2-17
shall be construed as preventing the owner or owners of any property from receiving just compensation for the taking of such property by the power of eminent domain under the laws of this state nor as permitting any property to be condemned or destroyed except in accordance with the police power of this state.
2023 CODE OF GEORGIA › Title 41 - NUISANCES (§§ 41-1-1 — 41-3-13) › Chapter 2 - ABATEMENT OF NUISANCES GENERALLY (§§ 41-2-1 — 41-2-17) › Section 41-2-15 - Authority to use revenues, grants, and donations to repair, close, or demolish unfit buildings or structures

Any county or municipality is authorized to make such appropriations from its revenues as it may deem necessary and may accept and apply grants or donations to assist it in carrying out the provisions of ordinances adopted in connection with the exercise of the powers granted under this chapter.
2023 CODE OF GEORGIA › Title 41 - NUISANCES (§§ 41-1-1 — 41-3-13) › Chapter 2 - ABATEMENT OF NUISANCES GENERALLY (§§ 41-2-1 — 41-2-17) › Section 41-2-16 - Construction of Code Sections 41-2-7 through 41-2-17 with county or municipal local enabling Act, charter, and other laws, ordinances, and regulations

Nothing in Code Sections
41-2-7
through
41-2-15
, this Code section, and Code Section
41-2-17
shall be construed to abrogate or impair the powers of the courts or of any department of any county or municipality to enforce any provisions of its local enabling Act, its charter, or its ordinances or regulations nor to prevent or punish violations thereof; and the powers conferred by this article shall be in addition to and supplemental to the powers conferred by any other law.
2023 CODE OF GEORGIA › Title 41 - NUISANCES (§§ 41-1-1 — 41-3-13) › Chapter 2 - ABATEMENT OF NUISANCES GENERALLY (§§ 41-2-1 — 41-2-17) › Section 41-2-17 - Prior ordinances relating to repair, closing, or demolition of unfit buildings or structures

Ordinances relating to the subject matter of Code Sections
41-2-7
through
41-2-16
and this Code section adopted prior to July 1, 2001, shall have the same force and effect on and after said date as ordinances adopted subsequent to and by authority of these Code sections.
Amended by 2001 Ga. Laws 368, § 5, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 41 - NUISANCES (§§ 41-1-1 — 41-3-13) › Chapter 3 - PLACES USED FOR UNLAWFUL SEXUAL AND DRUG ACTIVITIES (§§ 41-3-1 — 41-3-13) › Section 41-3-1 - "Sexually related charges" defined; establishment, maintenance, or use of building, structure, or place for sexually related activities; evidence of nuisance

(a)
As used in this Code section, the term "sexually related charges" means a violation of Code Section
16-5-46
,
16-6-2
,
16-6-8
,
16-6-9
,
16-6-10
,
16-6-11
,
16-6-12
,
16-6-15
, or
16-6-16
when:
(1)
Returned in an indictment by a grand jury; or
(2)
Filed as an accusation by a prosecuting attorney that results in a conviction, a plea of guilty under any first offender statute, a plea of nolo contendere, adjudication in an accountability court, or a dismissal as a result of successful completion of a pretrial diversion program.
(b)
Whosoever shall knowingly erect, establish, continue, maintain, use, own, or lease any building, structure, or place for the purposes of sexually related charges shall be guilty of maintaining a nuisance; and the building, structure, or place, and the ground itself in or upon which such sexually related charges occurred or were conducted, permitted, carried on, continued, or shall exist, and the furniture, fixtures, and other contents of such building or structure shall be deemed to be a nuisance and may be enjoined or otherwise abated as provided in this chapter.
(c)
The occurrence of either of the following shall be prima-facie evidence of the nuisance and the existence thereof:
(1)
A conviction, a plea of guilty under any first offender statute, a plea of nolo contendere, an adjudication in an accountability court, or a dismissal as a result of successful completion of a pretrial diversion program of the owner or operator of any building, structure, or place for any sexually related charges, based on conduct or an act or occurrence in or on the premises of such building, structure, or place; or
(2)
When the prosecuting attorney of the county in which the property is located notifies the owner in writing of two or more unrelated incidents of sexually related charges occurring within a 24 month period preceding such notice and, after the receipt of such notice and within 24 months of the first of the incidents resulting in a sexually related charge which is the subject of such notice, another additional unrelated incident occurs which results in a sexually related charge.
(d)
Any such sexually related charges which result directly from cooperation between the property owner or his or her agent and a law enforcement agency shall not be considered as evidence of a nuisance under this Code section.
(e)
The provisions of this Code section are cumulative of any other remedies and shall not be construed to repeal any other existing remedies for sexually related nuisances.
Amended by 2019 Ga. Laws 30,§ 1-9, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 41 - NUISANCES (§§ 41-1-1 — 41-3-13) › Chapter 3 - PLACES USED FOR UNLAWFUL SEXUAL AND DRUG ACTIVITIES (§§ 41-3-1 — 41-3-13) › Section 41-3-1.1 - Substantial drug related activity upon real property; knowledge of owner; remedies cumulative

(a)
As used in this Code section, the term:
(1)
"Drug related charges" means a violation of Code Section
16-13-30
when:
(A)
Returned in an indictment by a grand jury; or
(B)
Filed as an accusation by a prosecuting attorney that results in a conviction, a plea of guilty under any first offender statute or conditional discharge pursuant to Code Section
16-13-2
, a plea of nolo contendere, adjudication in an accountability court, or a dismissal as a result of successful completion of a pretrial diversion program.
(2)
"Substantial drug related activity" means activity resulting in six or more unrelated incidents resulting in drug related charges involving violations occurring within a 24 month period on the same parcel of real property.
(b)
Any owner of real property who has actual knowledge that substantial drug related activity is being conducted on such property shall be guilty of maintaining a nuisance, and such real property shall be deemed a nuisance and may be enjoined or otherwise abated as provided in this chapter.
(c)
Prima-facie evidence of the nuisance and the existence thereof is established when the prosecuting attorney of the county in which the property is located notifies the owner in writing of three or more unrelated incidents occurring within a 24 month period which result in drug related charges and, after the receipt of such notice and within 24 months of the first of the incidents resulting in a drug related charge which is the subject of such notice, three or more additional unrelated incidents occur which result in drug related charges.
(d)
Any such drug related charges which result directly from cooperation between the property owner or his or her agent and a law enforcement agency shall not be considered as evidence of a nuisance under this Code section.
(e)
The provisions of this Code section are cumulative of any other remedies and shall not be construed to repeal any other existing remedies for drug related nuisances.
Amended by 2019 Ga. Laws 30,§ 1-10, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 41 - NUISANCES (§§ 41-1-1 — 41-3-13) › Chapter 3 - PLACES USED FOR UNLAWFUL SEXUAL AND DRUG ACTIVITIES (§§ 41-3-1 — 41-3-13) › Section 41-3-2 - Action to enjoin nuisance perpetually; temporary restraining order or interlocutory injunction authorized

Whenever a nuisance is kept, maintained, or exists, as defined in Code Section
41-3-1
or
41-3-1.1
, the district attorney, the solicitor-general, city attorney, or county attorney, or any private citizen of the county may maintain an action in the name of the state upon the relation of such attorney or private citizen to enjoin said nuisance perpetually, the person or persons conducting or maintaining the same, and the owner or agent of the building, structure, or place, and the ground itself in or upon which such nuisance exists. In an action to enjoin a nuisance, the court, upon application therefor alleging that the nuisance complained of exists, shall order a temporary restraining order or an interlocutory injunction as provided in Code Section
9-11-65
.
2023 CODE OF GEORGIA › Title 41 - NUISANCES (§§ 41-1-1 — 41-3-13) › Chapter 3 - PLACES USED FOR UNLAWFUL SEXUAL AND DRUG ACTIVITIES (§§ 41-3-1 — 41-3-13) › Section 41-3-3 - Dismissal of complaint filed by private citizen; substitution of district attorney or another private citizen for original complainant

If the complaint is filed by a private citizen, it shall not be dismissed except upon filing of a sworn statement by the complainant and his attorney setting forth the reasons why the action should be dismissed and upon approval of the dismissal by the district attorney in writing or in open court. If the court shall be of the opinion that the action ought not to be dismissed, it may direct the district attorney to maintain the action and, if the action is continued more than one term of court, any private citizen of the county or the district attorney may be substituted for the original complainant and directed to maintain the action.
2023 CODE OF GEORGIA › Title 41 - NUISANCES (§§ 41-1-1 — 41-3-13) › Chapter 3 - PLACES USED FOR UNLAWFUL SEXUAL AND DRUG ACTIVITIES (§§ 41-3-1 — 41-3-13) › Section 41-3-4 - Notice of hearing upon application for temporary restraining order or interlocutory injunction

Notice shall be given to the defendant of the hearing of the application for a temporary restraining order or an interlocutory injunction as provided in Code Section
9-11-65
.
2023 CODE OF GEORGIA › Title 41 - NUISANCES (§§ 41-1-1 — 41-3-13) › Chapter 3 - PLACES USED FOR UNLAWFUL SEXUAL AND DRUG ACTIVITIES (§§ 41-3-1 — 41-3-13) › Section 41-3-5 - Procedure for trial for action to enjoin a nuisance; admissibility of evidence

An action to enjoin a nuisance shall be triable as all other civil cases. In such action, evidence of the general reputation of the building, structure, or place shall be admissible for the purpose of proving the existence of such nuisance.
2023 CODE OF GEORGIA › Title 41 - NUISANCES (§§ 41-1-1 — 41-3-13) › Chapter 3 - PLACES USED FOR UNLAWFUL SEXUAL AND DRUG ACTIVITIES (§§ 41-3-1 — 41-3-13) › Section 41-3-6 - Taxation of cost of action

If the action shall be brought by a private citizen and the court shall find that there was no reasonable ground or cause for the action, the cost may be taxed to such citizen.
2023 CODE OF GEORGIA › Title 41 - NUISANCES (§§ 41-1-1 — 41-3-13) › Chapter 3 - PLACES USED FOR UNLAWFUL SEXUAL AND DRUG ACTIVITIES (§§ 41-3-1 — 41-3-13) › Section 41-3-7 - Order of abatement generally; breaking and entering or using closed building, structure, or place; fees for removal, sale, or closure of property

(a)
If the existence of a nuisance shall be established in an action as provided in this chapter, an order of abatement shall be entered as a part of the judgment in the case, which order shall direct the removal from the building, structure, or place of all fixtures, furniture, and chattels used in conducting the nuisance and shall direct the sale thereof in the manner provided for the sale of chattels under execution; provided, however, that if it shall appear to the judge that the furniture and chattels are owned by others than the occupants of the building, structure, or place, he may order the effectual closing of the building, structure, or place against its use for any purpose for a period of one year, unless sooner released.
(b)
If any person shall break and enter or use a building, structure, or place directed to be closed, as provided in subsection (a) of this Code section, he shall be punished as for contempt.
(c)
For removing and selling the movable property, the sheriff or other duly qualified levying officer of the court shall be entitled to charge and receive the same fees as he would for levying upon and selling like property on execution; and, for closing the premises and keeping them closed, a reasonable sum shall be allowed by the court.
2023 CODE OF GEORGIA › Title 41 - NUISANCES (§§ 41-1-1 — 41-3-13) › Chapter 3 - PLACES USED FOR UNLAWFUL SEXUAL AND DRUG ACTIVITIES (§§ 41-3-1 — 41-3-13) › Section 41-3-8 - Disposition of proceeds of sale of personal property

The proceeds of the sale of the personal property, as provided in Code Section
41-3-7
, shall be applied in payment of the cost of the action and abatement, and the balance, if any, shall be paid to the defendant.
2023 CODE OF GEORGIA › Title 41 - NUISANCES (§§ 41-1-1 — 41-3-13) › Chapter 3 - PLACES USED FOR UNLAWFUL SEXUAL AND DRUG ACTIVITIES (§§ 41-3-1 — 41-3-13) › Section 41-3-9 - Suspension of abatement order and release of property; effect of release of property

(a)
If the owner of the building, structure, or place ordered abated shall appear and pay all costs of the proceedings and file a bond with sureties to be approved by the clerk in the full value of the property, to be ascertained by the court, conditioned that he will immediately abate the nuisance and prevent the same from being established or kept within a period of one year thereafter, the court may, if satisfied of the good faith of the owner, order the building, structure, or place closed under the order of abatement to be delivered to said owner and the order of abatement suspended so far as it may relate to said property.
(b)
The release of the property under subsection (a) of this Code section shall not release it from any judgment lien, penalty, or liability to which it may be subject by law.
2023 CODE OF GEORGIA › Title 41 - NUISANCES (§§ 41-1-1 — 41-3-13) › Chapter 3 - PLACES USED FOR UNLAWFUL SEXUAL AND DRUG ACTIVITIES (§§ 41-3-1 — 41-3-13) › Section 41-3-10 - Issuance of permanent injunction; entry and enforcement of judgment; disposition of sums arising from enforcement of judgment

(a)
Whenever a permanent injunction is issued against any person for maintaining a nuisance as described in Code Section
41-3-1
or against any owner of the building, structure, or place knowingly kept or used for the purposes prohibited by this chapter, the judge granting the injunction shall, at the same time, enter judgment against the person, firm, or corporation owning said building, structure, or place in the sum of $300.00; and said judgment shall be a special lien upon the premises complained of and the furniture and fixtures therein and shall as against the property rank from date with all other judgments or liens as provided by law.
(b)
The judgment provided for in subsection (a) of this Code section shall issue in the name of the state and be enforced as other judgments in this state. The lien of the judgment upon the property used for the purpose of maintaining the nuisance shall not relieve the person maintaining the nuisance or the owner of the building, structure, or place from any of the other penalties provided by law.
(c)
All sums arising from the enforcement of the judgment provided for in subsection (a) of this Code section shall be paid into the treasury of the county in which said judgment is entered and become part of the general funds of said county.
2023 CODE OF GEORGIA › Title 41 - NUISANCES (§§ 41-1-1 — 41-3-13) › Chapter 3 - PLACES USED FOR UNLAWFUL SEXUAL AND DRUG ACTIVITIES (§§ 41-3-1 — 41-3-13) › Section 41-3-11 - Injunction binding throughout judicial circuit in which issued; violation of provisions of injunction deemed contempt

When an injunction is granted, it shall be binding on the defendant throughout the judicial circuit in which it is issued; and any violation of the provisions of the injunction shall be a contempt of court.
2023 CODE OF GEORGIA › Title 41 - NUISANCES (§§ 41-1-1 — 41-3-13) › Chapter 3 - PLACES USED FOR UNLAWFUL SEXUAL AND DRUG ACTIVITIES (§§ 41-3-1 — 41-3-13) › Section 41-3-12 - Contempt proceedings; punishment for contempt of court

(a)
In the event of the violation of any injunction granted under this chapter, the court may summarily try and punish the offender. The proceedings shall be commenced by filing with the clerk of the court an information, under oath, setting out the alleged facts constituting such violation, upon which the court or judge shall cause a warrant to be issued for the arrest of the offender. The trial may be had upon affidavits, or either party may demand the production and oral examination of witnesses.
(b)
A party found guilty of violating the provisions of an injunction shall be punished as for contempt in the discretion of the judge.
2023 CODE OF GEORGIA › Title 41 - NUISANCES (§§ 41-1-1 — 41-3-13) › Chapter 3 - PLACES USED FOR UNLAWFUL SEXUAL AND DRUG ACTIVITIES (§§ 41-3-1 — 41-3-13) › Section 41-3-13 - Abatement of nuisance by state courts and municipal courts of municipalities having population of 15,000 or more

In addition to the remedies provided for by Code Sections
41-3-2
through
41-3-12
, state courts and the municipal courts of municipalities having a population of 15,000 or more according to the United States decennial census of 1970 or any future such census, when the nuisance exists within the corporate limits of such municipalities, shall have jurisdiction to hear and determine the question of the existence of the nuisance defined by Code Section
41-3-1
and, if found to exist, to order its abatement, which order shall be directed to and executed by the sheriff or marshal of any such court or his deputy.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 1 - GENERAL PROVISIONS (§§ 42-1-1 — 42-1-19) › Article 1 - GENERALLY (§§ 42-1-1 — 42-1-11.5) › Section 42-1-1 - Definitions

Except as specifically provided otherwise, as used in this title, the term:
(1)
"Board" means the Board of Corrections.
(2)
"Case plan" means an individualized accountability and behavior change strategy for a probationer, as applicable.
(3)
"Commissioner" means the commissioner of corrections.
(4)
"Criminal risk factors" means characteristics and behaviors that affect a person's risk for committing future crimes and include, but are not limited to, antisocial behavior, antisocial personality, criminal thinking, criminal associates, having a dysfunctional family, having low levels of employment or education, poor use of leisure and recreation time, and substance abuse.
(5)
"Department" means the Department of Corrections.
(6)
"Graduated sanctions" means:
(A)
Verbal and written warnings;
(B)
Increased restrictions and reporting requirements;
(C)
Community service or work crews;
(D)
Referral to substance abuse or mental health treatment or counseling programs in the community;
(E)
Increased substance abuse screening and monitoring;
(F)
Electronic monitoring, as such term is defined in Code Section
42-3-111
; and
(G)
An intensive supervision program.
(7)
"Risk and needs assessment" means an actuarial tool, approved by the board and validated on a targeted population, scientifically proven to determine a person's risk to recidivate and to identify criminal risk factors that, when properly addressed, can reduce that person's likelihood of committing future criminal behavior.
Amended by 2015 Ga. Laws 73,§ 5-62, eff. 7/1/2015.
Amended by 2013 Ga. Laws 84,§ 17, eff. 7/1/2013.
Amended by 2012 Ga. Laws 709,§ VII-7-1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 1 - GENERAL PROVISIONS (§§ 42-1-1 — 42-1-19) › Article 1 - GENERALLY (§§ 42-1-1 — 42-1-11.5) › Section 42-1-2 - Reward for information leading to capture of escaped inmate of penal institution under jurisdiction of Board of Corrections

(a)
Any person, other than a law enforcement officer, who furnishes information leading to the capture of an escaped inmate from a penal institution under the jurisdiction of the Board of Corrections may receive a reward of up to $200.00 which shall be payable at the time the escaped inmate is returned to the custody of the Board of Corrections. The commissioner of corrections, at his discretion, may pay the reward to any person from funds appropriated or otherwise available to the Department of Corrections.
(b)
When more than one person furnishes information which would entitle them to receive the rewards pursuant to subsection (a) of this Code section, the reward shall be paid to the first person furnishing the information; and, if more than one person furnishes the information at the same time, the reward shall be prorated among all persons furnishing such information.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 1 - GENERAL PROVISIONS (§§ 42-1-1 — 42-1-19) › Article 1 - GENERALLY (§§ 42-1-1 — 42-1-11.5) › Section 42-1-3 - Defendant not to be made trusty during time case on appeal; manner of confinement

Any defendant who has been convicted of a felony and sentenced to death or life imprisonment shall not be made a trusty at any penal institution or facility in this state during the time that his case is on appeal. The defendant shall be confined in the same manner as other prisoners.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 1 - GENERAL PROVISIONS (§§ 42-1-1 — 42-1-19) › Article 1 - GENERALLY (§§ 42-1-1 — 42-1-11.5) › Section 42-1-4 - Work-release programs for county prisoners

(a)
Any person sentenced to confinement as a county prisoner under paragraph (1) of subsection (a) of Code Section
17-10-3
or otherwise sentenced to confinement as a county prisoner may, if there is reasonable cause to believe that he will honor his trust, be allowed to participate in a work-release program as authorized by this Code section. Participation in a work-release program shall be voluntary on the part of the inmate.
(b)
When an inmate receives permission to participate in a work-release program, the limits of the place of the confinement of the inmate shall be expanded by allowing the inmate under prescribed conditions to work at paid employment or participate in a training program in the community while continuing as an inmate of the institution to which he is committed. The willful failure of an inmate to remain within the extended limits of his confinement or to return within the prescribed time to the institution shall constitute an escape from the institution and shall be punished as provided in Code Section
16-10-52
.
(c)
If there is reasonable cause to believe that an inmate will honor his trust, the inmate may be authorized to participate in a work-release program by:
(1)
The sentencing judge at the time of sentencing; or
(2)
The sheriff, warden, or other official in charge of the institution to which the inmate is committed if written approval is obtained from the sentencing judge.
(d)
An inmate authorized to participate in a work-release program under this Code section shall comply with all rules and regulations promulgated by the institution in which he is confined relative to the handling, disbursement, and holding in trust of all funds earned by the inmate while under the jurisdiction of the institution. An amount determined to be the cost of the inmate's keep and confinement shall be deducted from the earnings of each inmate, and such amount shall be deposited in the treasury of the county. After deduction for keep and confinement the official in charge of the institution shall:
(1)
Allow the inmate to draw from the balance a reasonable sum to cover his incidental expenses;
(2)
Retain to the inmate's credit an amount as deemed necessary to accumulate a reasonable sum to be paid to him on his release from the institution; and
(3)
Cause to be paid any additional balance as is needed for the support of the inmate's dependents.
(e)
No inmate participating in a work-release program under this Code section shall be deemed to be an agent, employee, or involuntary servant of the county while working or participating in training or going to and from his place of employment or training.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 1 - GENERAL PROVISIONS (§§ 42-1-1 — 42-1-19) › Article 1 - GENERALLY (§§ 42-1-1 — 42-1-11.5) › Section 42-1-5 - Use of inmate for private gain

(a)
As used in this Code section, the term:
(1)
"Custodian" means a warden, sheriff, jailer, deputy sheriff, police officer, or any other law enforcement officer having actual custody of an inmate.
(2)
"Inmate" means any person who is lawfully incarcerated in a penal institution.
(3)
"Penal institution" means any place of confinement for persons accused of or convicted of violating a law of this state or an ordinance of a political subdivision of this state.
(b)
It shall be unlawful for a custodian of an inmate of a penal institution to use such inmate or allow such inmate to be used for any purpose resulting in private gain to any individual.
(c)
Any person who violates subsection (b) of this Code section shall be guilty of a misdemeanor.
(d)
This Code section shall not apply to:
(1)
Work on private property because of natural disasters;
(1.1)
Work on private property as a form of victim compensation in accordance with Chapter 15A of Title 17;
(2)
Work or other programs or releases which have the prior approval of the board or commissioner of corrections;
(3)
Community service work programs;
(4)
Work-release programs; or
(5)
Work programs authorized by Article 6 of Chapter 5 of this title.
Amended by 2005 Ga. Laws 383,§ 3, eff. 7/1/2005.
Amended by 2003 Ga. Laws 38, § 2, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 1 - GENERAL PROVISIONS (§§ 42-1-1 — 42-1-19) › Article 1 - GENERALLY (§§ 42-1-1 — 42-1-11.5) › Section 42-1-6 - Injury or contact by inmate presenting possible threat of transmission of communicable disease

If any inmate of any state or county correctional institution, county or municipal jail, or other similar facility, while such inmate is in custody or in the process of being taken into custody, injures or has injured or contacts or has contacted a law enforcement officer, correctional officer, firefighter, emergency medical technician, or other person in such a manner as to present a possible threat of transmission of a communicable disease to the person so injured or contacted, then the warden, jailer, or other official having charge of such inmate may take all reasonable steps to determine whether the inmate has a communicable disease capable of being transmitted by the injury or contact involved. Such steps may include, but shall not be limited to, any appropriate medical examination of or collection of medical specimens from the inmate. In the event an inmate refuses to cooperate in any such procedures, the warden, jailer, or other official may apply to the superior court of the county for an order authorizing the use of any degree of force reasonably necessary to complete such procedures. Upon a showing of probable cause that the injury presents the threat of transmission of a communicable disease, the court shall issue an order authorizing the petitioner to use reasonable measures to perform any medical procedures reasonably necessary to ascertain whether a communicable disease has been transmitted. In addition to any other grounds sufficient to show probable cause for the issuance of such an order, such probable cause may be conclusively established by evidence of the injury or contact in question and a statement by a licensed physician that the nature of the injury or contact is such as to present a threat of transmission of a communicable disease if the inmate has such a disease. The cost of any procedures carried out under this Code section shall be borne by the jurisdiction having custody of the inmate.
Amended by 2002 Ga. Laws 787, § 4, eff. 7/1/2002.
Amended by 2002 Ga. Laws 952, § 11, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 1 - GENERAL PROVISIONS (§§ 42-1-1 — 42-1-19) › Article 1 - GENERALLY (§§ 42-1-1 — 42-1-11.5) › Section 42-1-7 - Notification to transporting law enforcement agency of inmate's or patient's infectious or communicable disease

(a)
For the purposes of this Code section, the term 'infectious or communicable disease' shall include infectious hepatitis, tuberculosis, influenza, measles, chicken pox, meningitis, HIV as defined in Code Section
31-22-9.1
, or any sexually transmitted disease as defined in Code Section
31-17-1
.
(b)
Notwithstanding any other provision of law, any state or county correctional institution, municipal or county detention facility, or any facility as defined in Code Section
37-3-1
shall notify any state or local law enforcement agency required to transport an inmate or patient if such inmate or patient has been diagnosed as having an infectious or communicable disease. Notification shall be limited to the fact that such inmate or patient has an infectious or communicable disease and whether such disease is airborne or transmissible by blood or other body fluids; provided, however, that the specific disease shall not be disclosed. The Department of Public Health shall provide a guide for appropriate precautions to be taken by any person or persons transporting such inmate or patient and shall develop a form to be used for the purpose of ensuring that such precautions are taken.
(c)
Information released or obtained pursuant to this Code section shall be privileged and confidential and shall only be released or obtained by the institutions, facilities, or agencies who are parties to the transportation of the patient or inmate. Any person making an unauthorized disclosure of such information shall be guilty of a misdemeanor.
Amended by 2024 Ga. Laws 404,§ 7, eff. 7/1/2024.
Amended by 2020 Ga. Laws 388,§ 8, eff. 7/1/2020.
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 1 - GENERAL PROVISIONS (§§ 42-1-1 — 42-1-19) › Article 1 - GENERALLY (§§ 42-1-1 — 42-1-11.5) › Section 42-1-10 - Preliminary urine screen drug tests

(a)
Any community supervision officer of the Department of Community Supervision or official or employee of the Department of Corrections who supervises any person covered under the provisions of paragraphs (1) through (7) of this subsection shall be exempt from the provisions of Chapter 22 of Title 31 for the limited purposes of administering a preliminary urine screen drug test to any person who is:
(1)
Incarcerated;
(2)
Released as a condition of probation for a felony or misdemeanor;
(3)
Released as a condition of conditional release;
(4)
Released as a condition of parole;
(5)
Released as a condition of provisional release;
(6)
Released as a condition of pretrial release; or
(7)
Released as a condition of control release.
(b)
The Department of Corrections, Department of Community Supervision, and the State Board of Pardons and Paroles shall develop a procedure for the performance of preliminary urine screen drug tests in accordance with the manufacturer's standards for certification. Community supervision officers of the Department of Community Supervision or officials or employees of the Department of Corrections who are supervisors of any person covered under paragraphs (1) through (7) of subsection (a) of this Code section shall be authorized to perform preliminary urine screen drug tests in accordance with such procedure. Such procedure shall include instructions as to a confirmatory test by a clinical laboratory certified by the federal Centers for Medicare and Medicaid Services where necessary.
Amended by 2021 Ga. Laws 223,§ 3, eff. 7/1/2021.
Amended by 2015 Ga. Laws 73,§ 5-63, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 1 - GENERAL PROVISIONS (§§ 42-1-1 — 42-1-19) › Article 1 - GENERALLY (§§ 42-1-1 — 42-1-11.5) › Section 42-1-11.2 - Advice on employment of attorney prohibited; penalty

(a)
No employee of a penal institution shall give advice to an inmate regarding the name or the employment of an attorney at law in any case where the inmate is confined in a penal institution or receive any sum of money paid as fees or otherwise to attorneys at law in a criminal case or cases against any inmate with which they may be connected in any capacity.
(b)
Any person who violates this Code section shall be guilty of a misdemeanor.
Added by 2012 Ga. Laws 709,§ VII-7-2, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 1 - GENERAL PROVISIONS (§§ 42-1-1 — 42-1-19) › Article 1 - GENERALLY (§§ 42-1-1 — 42-1-11.5) › Section 42-1-11.4 - [Publication of aggregate data on immigration status, offenses, and home countries of certain inmates]

The commissioner shall, on the official public website used by the department, publish a report of aggregate data on the immigration status, offenses, and home countries of inmates who are confined under the authority of the department who are not citizens of the United States and to whom the United States Immigration and Customs Enforcement Division of the Department of Homeland Security has issued immigration detainer notices as such term is defined in Code Section 42-4-16. Each report shall include the total number of inmates who are not citizens of the United States; provided, however, that any inmates who are citizens of both the United States and one or more other countries shall be designated as such as a separate category. Such report shall be first published on October 1, 2024, and every 90 days thereafter; provided, however, that if the ninetieth day falls on a state holiday or Saturday or Sunday, then such report shall be published the next business day.
Added by 2024 Ga. Laws 505,§ 7, eff. 5/1/2024.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 1 - GENERAL PROVISIONS (§§ 42-1-1 — 42-1-19) › Article 1 - GENERALLY (§§ 42-1-1 — 42-1-11.5) › Section 42-1-11.5 - [Compliance with immigration detainer notice by custodial authority]

(a)
As used in this Code section, the term:
(1)
"Custodial authority" means the commissioner if a person is in physical custody at a penal institution, the sheriff if a person is in physical custody at a county jail, the warden if a person is in physical custody at county correctional institution, and the chief of police if a person is in physical custody at a municipal detention facility.
(2)
"Immigration detainer notice" means documentation issued by the federal government requesting that a custodial authority maintain temporary custody of an illegal alien as such term is defined in Code Section
42-4-14
, including a United States Department of Homeland Security Form I-247 document or a similar successor form.
(b)
Any custodial authority who has custody of a person who is subject to an immigration detainer notice shall:
(1)
Comply with, honor, and fulfill any request made in the immigration detainer notice; and
(2)
Inform the person identified in the immigration detainer notice that the person is being held pursuant to such notice.
Added by 2024 Ga. Laws 505,§ 8, eff. 5/1/2024.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 1 - GENERAL PROVISIONS (§§ 42-1-1 — 42-1-19) › Article 2 - STATE SEXUAL OFFENDER REGISTRY (§§ 42-1-12 — 42-1-19) › Section 42-1-13.1 - Electronic location tracking of sexual offenders; petitioning for exemption

(a)
(1)
A sexual offender shall be fitted by the Department of Community Supervision with a device capable of tracking the location of the sexual offender by means including electronic surveillance or global positioning satellite systems while he or she is on probation or parole and awaiting risk assessment classification from the board and when:
(A)
Such offender has previously been convicted of a felony sexual offense in violation of Chapter 6 of Title 16; or
(B)
His or her assigned community supervision officer determines that a special need exists for an offender to be fitted with such device due to the immediate danger to society the offender poses based upon a substantial risk of perpetrating a future dangerous sexual offense.
(2)
Except when a petition for release has been granted pursuant to subsection (b) of this Code section or location tracking has been issued as a condition of probation or term of parole, a sexual offender shall be released from the location tracking requirements of this Code section upon the conclusion of his or her term of probation or parole.
(3)
The costs relating to the fitting of a location tracking device and any monitoring thereof shall be borne by the sexual offender.
(b)
A sexual offender required to be fitted by the department with a device capable of tracking the location of such offender pursuant to this Code section may petition the superior court of the county where the offender resides for release from such location tracking requirements within 30 days of the fitting. The court shall hold a hearing on the petition for release if requested by the petitioner. The court may issue an order suspending a sexual offender from the location tracking requirements of this Code section if the court finds by a preponderance of the evidence that the offender does not pose an immediate danger to society due to substantial risk of perpetrating any future dangerous sexual offense. The court shall send a copy of any order suspending an individual from the location tracking requirements of this Code section to the Department of Community Supervision.
Added by 2023 Ga. Laws 347,§ 6-2A, eff. 5/4/2023.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 1 - GENERAL PROVISIONS (§§ 42-1-1 — 42-1-19) › Article 2 - STATE SEXUAL OFFENDER REGISTRY (§§ 42-1-12 — 42-1-19) › Section 42-1-18 - "Photograph" defined; photographing minor without consent of parent or guardian prohibited; penalty

(a)
As used in this Code section, the term:
(1)
'Minor' shall have the same meaning as set forth in Code Section
42-1-12
.
(2)
'Photograph' means to create, capture, transmit, or record by electronic or other means a photographic image or similar visual representation or image of a person.
(3)
'Unmanned aircraft system' means a powered, aerial vehicle, not including a satellite, that:
(A)
Does not carry a human operator and is operated without the possibility of direct human intervention from within or on the vehicle;
(B)
Uses aerodynamic forces to provide vehicle lift;
(C)
Can fly autonomously or be piloted remotely;
(D)
Can be expendable or recoverable; and
(E)
Has the ability to photograph.
(b)
(1)
No person required to register as a sexual offender pursuant to Code Section
42-1-12
shall intentionally photograph a minor without the consent of the minor's parent or guardian.
(2)
Any person who commits the offense of intentionally photographing a minor without the consent of such minor's parent or guardian in violation of paragraph (1) of this subsection shall, upon the first conviction thereof, be guilty of a misdemeanor of a high and aggravated nature and shall be punished as provided by Code Section
17-10-4
; provided, however, that, if a fine is imposed pursuant to Code Section
17-10-4
, such fine shall not be less than $1,500.00.
(3)
Any person who commits the offense of intentionally photographing a minor without the consent of such minor's parent or guardian in violation of paragraph (1) of this subsection shall, upon a second or subsequent conviction thereof, be guilty of a felony and shall be punished by imprisonment for not less than one nor more than 30 years and a fine of not less than $5,000.00 nor more than $100,000.00.
(4)
For the purpose of this subsection, the term 'conviction' shall include a plea of nolo contendere.
(c)
(1)
No person required to register as a sexual offender pursuant to Code Section
42-1-12
shall knowingly possess, own, or operate an unmanned aircraft system with the intent to photograph, observe, follow, or contact any particular person without his or her consent or photograph, observe, follow, or contact any person in a way that violates the person's reasonable expectation of privacy.
(2)
Any person who violates paragraph (1) of this subsection shall be guilty of a felony and shall be punished by imprisonment for not less than five nor more than ten years and a fine of not less than $20,000.00 nor more than $100,000.00.
Amended by 2024 Ga. Laws 426,§ 1, eff. 7/1/2024, app. to all offenses committed on or after 7/1/2024.
Amended by 2011 Ga. Laws 122,§ 1, eff. 5/11/2011.
Added by 2010 Ga. Laws 389,§ 14, eff. 5/20/2010.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 2 - BOARD AND DEPARTMENT OF CORRECTIONS (§§ 42-2-1 — 42-2-16) › Section 42-2-1 - Creation

There is created the Department of Corrections.
Amended by 2012 Ga. Laws 709,§ VII-7-3, eff. 7/1/2012.