reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 12 - GEORGIA BEHAVIORAL HEALTH AND PEACE OFFICER CO-RESPONDER PROGRAMS (§§ 37-12-1 — 37-12-14) › Section 37-12-2 - Co-responder partnership programs; operations and transportation

(a)
Each community service board shall establish a co-responder program to offer assistance or consultation to peace officers responding to emergency calls involving individuals with behavioral health crises. Law enforcement agencies within a community service board's service area may elect to partner with the community service board to establish one or more co-responder teams.
(b)
When a law enforcement agency that has entered into a co-responder partnership with a community service board responds to an emergency call involving an individual with a behavioral health crisis and a co-responder team is dispatched, a community service board team member shall be available to accompany the officer team member in person or via virtual means or shall be available for consultation via telephone or telehealth during such emergency call. The officer team member may consider input from the community service board team member in determining whether to refer an individual for behavioral health treatment or other community support or to transport the individual for emergency evaluation in accordance with Code Section
37-3-42
or
37-7-42
, rather than making an arrest.
(c)
In the event that the officer team member transports the individual for emergency evaluation in accordance with Code Section
37-3-42
or
37-7-42
, the emergency receiving facility shall notify the community service board, prior to the release of the individual whether or not the individual is admitted for treatment, for purposes of identifying and facilitating any necessary follow-up services for such individual to prevent relapse.
(d)
Following an individual's behavioral health crisis, the community service board shall make available voluntary outpatient therapy to eligible individuals pursuant to Code Section
37-12-9
.
(e)
Transport conducted pursuant to this Code section shall occur in government-owned vehicles configured for safe transport based on the individual's condition; provided, however, that the officer team member may authorize alternative transportation by a medical transport company or otherwise if deemed safe to do so based on the individual's condition.
Added by 2022 Ga. Laws 857,§ 5, eff. 7/1/2022.
Renumbered from 37-11-2. Pursuant to Code Section 28-9-5, in 2022, “ Code Section 37-12-9” was substituted for “ Code Section 37-11-9” at the end of subsection (d).
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 12 - GEORGIA BEHAVIORAL HEALTH AND PEACE OFFICER CO-RESPONDER PROGRAMS (§§ 37-12-1 — 37-12-14) › Section 37-12-3 - Identification of entities responding to emergency calls

Every county shall retain a written list available for public inspection that identifies all law enforcement agencies within such county whose routine responsibilities include responding to emergency calls. Such list shall be created no later than August 1, 2022, and shall be updated immediately when additional departments assume routine responsibility for emergency response and shall be maintained with current information.
Added by 2022 Ga. Laws 857,§ 5, eff. 7/1/2022.
Renumbered from 37-11-3..
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 12 - GEORGIA BEHAVIORAL HEALTH AND PEACE OFFICER CO-RESPONDER PROGRAMS (§§ 37-12-1 — 37-12-14) › Section 37-12-4 - Contracting with behavioral health professionals for participation as community service board team member; list of emergency receiving facilities

(a)
Each community service board shall employ or contract with behavioral health professionals who are licensed in this state to provide counseling services, or to provide other support services to individuals and their families regarding a behavioral health disorder, and whose responsibilities include participation as a community service board team member on a co-responder team. The community service board shall designate a sufficient number of individuals to serve as community service board team members to partner with the law enforcement agencies located within the community service board's service area, with on-call availability at all times.
(b)
The department shall maintain a current, written list of emergency receiving facilities within each community service board area where an individual experiencing a behavioral health crisis may be transported by or at the direction of an officer or team member. The written list shall be maintained by each community service board and provided to each law enforcement agency.
Added by 2022 Ga. Laws 857,§ 5, eff. 7/1/2022.
Renumbered from 37-11-4..
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 12 - GEORGIA BEHAVIORAL HEALTH AND PEACE OFFICER CO-RESPONDER PROGRAMS (§§ 37-12-1 — 37-12-14) › Section 37-12-5 - Role of law enforcement agencies

(a)
A law enforcement agency that has entered into a co-responder partnership with a community service board shall designate one or more peace officers to participate as officer team members in a co-responder team.
(b)
A law enforcement agency that has not entered into a co-responder partnership with a community service board shall designate one peace officer to serve as the primary point of contact with the community service board.
(c)
A law enforcement agency shall designate a peace officer who shall serve on the co-responder protocol committee.
Added by 2022 Ga. Laws 857,§ 5, eff. 7/1/2022.
Renumbered from 37-11-5..
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 12 - GEORGIA BEHAVIORAL HEALTH AND PEACE OFFICER CO-RESPONDER PROGRAMS (§§ 37-12-1 — 37-12-14) › Section 37-12-6 - Crisis intervention team training

(a)
Officer team members may elect to receive crisis intervention team training as approved by the Georgia Police Officer Standards and Training Council.
(b)
All communications officers and other employees of public safety agencies who make dispatch decisions shall receive educational training about identifying emergency calls involving individuals in a behavioral health crisis and dispatching appropriate response units.
(c)
Community service board team members shall receive training on the operations, policies, and procedures of the law enforcement agencies with which they partner.
(d)
All training undertaken in accordance with this Code section shall be provided at the expense of the department and at no expense to any law enforcement agency, public safety agency, or community service board.
Added by 2022 Ga. Laws 857,§ 5, eff. 7/1/2022.
Renumbered from 37-11-6..
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 12 - GEORGIA BEHAVIORAL HEALTH AND PEACE OFFICER CO-RESPONDER PROGRAMS (§§ 37-12-1 — 37-12-14) › Section 37-12-7 - Notification of co-responder team of emergencies

When an emergency call involving an individual's behavioral health crisis is received by a communications officer or public safety agency, and a civilian-only response team is not appropriate or available, the communications officer shall notify the co-responder team in the jurisdiction where the emergency is located, if practicable, regardless of whether other peace officers are also dispatched. The co-responder team will work collaboratively to de-escalate the situation; provided, however, that all final decisions shall be made by the officer team member or his or her superiors.
Added by 2022 Ga. Laws 857,§ 5, eff. 7/1/2022.
Renumbered from 37-11-7..
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 12 - GEORGIA BEHAVIORAL HEALTH AND PEACE OFFICER CO-RESPONDER PROGRAMS (§§ 37-12-1 — 37-12-14) › Section 37-12-8 - Co-responder protocol committee; role

Each community service board shall establish a co-responder protocol committee for its service area which shall work to increase the availability, efficiency, and effectiveness of community response to behavioral health crises. The protocol committee shall address best practices for issues which arise during the operation of co-responder teams. Such issues include, but shall not be limited to, data collection, privacy protection, interagency coordination, intragovernmental coordination, available treatment modalities, data sharing and analysis, training, and community outreach. Implemented best practices should increase public safety in the service area, improve outcomes for individuals experiencing mental health crises, and enhance cooperation between law enforcement and behavioral health specialists.
Added by 2022 Ga. Laws 857,§ 5, eff. 7/1/2022.
Renumbered from 37-11-8..
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 12 - GEORGIA BEHAVIORAL HEALTH AND PEACE OFFICER CO-RESPONDER PROGRAMS (§§ 37-12-1 — 37-12-14) › Section 37-12-9 - Role of community service boards following response

When a co-responder team responds to a behavioral health crisis, the community service board of the service area where the crisis occurred shall contact the individual within two business days following the crisis, regardless of whether that individual was incarcerated. If the individual resides in a different community service board area, the case shall be transferred to the appropriate community service board. The community service board handling the case shall work to identify the types of services needed to support the individual's stability and to locate affordable sources for those services, including housing and job placement. If the individual was incarcerated, the community service board may make recommendations for inclusion in a jail release plan. Following the behavioral health crisis, the community service board shall provide voluntary outpatient therapy as needed.
Added by 2022 Ga. Laws 857,§ 5, eff. 7/1/2022.
Renumbered from 37-11-9..
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 12 - GEORGIA BEHAVIORAL HEALTH AND PEACE OFFICER CO-RESPONDER PROGRAMS (§§ 37-12-1 — 37-12-14) › Section 37-12-10 - Identification of individuals better served by behavioral health system than criminal justice system; referral system

(a)
Community service board team members may review publicly available arrest and incarceration records and may request access to evaluate currently incarcerated individuals for the purpose of identifying individuals who may be treated more effectively within the behavioral health system rather than the criminal justice system. If such individuals are identified, the community service board team member shall provide a written recommendation to the appropriate law enforcement agency and jail or prison operator for consideration. The law enforcement agency and jail or prison operator shall provide community service board team members with access to requested nonrestricted records and shall grant access to such records at mutually convenient times, for the purpose of facilitating the community service board team member's analysis.
(b)
The department shall establish a referral system, by which any law enforcement agency may request behavioral health consultation for an individual who is currently incarcerated, or frequently incarcerated, who it believes may be treated more effectively within the behavioral health system rather than the criminal justice system. The department shall assign the case to the appropriate community service board for evaluation and any appropriate treatment to be provided or facilitated by the community service board.
Added by 2022 Ga. Laws 857,§ 5, eff. 7/1/2022.
Renumbered from 37-11-10..
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 12 - GEORGIA BEHAVIORAL HEALTH AND PEACE OFFICER CO-RESPONDER PROGRAMS (§§ 37-12-1 — 37-12-14) › Section 37-12-11 - Record keeping; annual reporting

(a)
Each community service board shall compile and maintain records of the services provided by co-responder teams and community service board team members, which shall include community follow-ups and actions taken on behalf of incarcerated individuals together with reasonably available outcome data. Community service boards shall report data to the department in a form developed cooperatively by the community service boards.
(b)
No later than January 31, 2024, and annually thereafter, the department shall issue a written annual report regarding the co-responder program, which shall include statistics derived from all sources, including community service board documentation and reports. Data shall be presented per community service board, where available, and cumulatively. Such report shall be posted in a prominent location on the department's website.
Added by 2022 Ga. Laws 857,§ 5, eff. 7/1/2022.
Renumbered from 37-11-11..
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 12 - GEORGIA BEHAVIORAL HEALTH AND PEACE OFFICER CO-RESPONDER PROGRAMS (§§ 37-12-1 — 37-12-14) › Section 37-12-12 - Funding and budgeting; collaboration

(a)
The requirements contained in this chapter shall be contingent upon the appropriation of funds by the General Assembly or the availability of other funds.
(b)
No later than July 15, 2023, and annually thereafter, the department shall submit to the board proposed budgets for co-responder programs for each community service board. The proposed budget for each community service board shall be based on each community service board's operational analysis and shall include the salaries of an adequate number of staff dedicated to the responsibilities of the co-responder program and shall delineate unique factors existing in the area served, such as the population and demographics.
(c)
In the event that full funding or staffing is not obtained by a community service board, such board may work collaboratively with other entities, including but not limited to the Georgia Association of Community Service Boards, to identify and apply for potential sources of additional funding, identify and pursue additional recruiting options, and identify the elements of the co-responder program that will be implemented given the resources available, until full resources are obtained.
(d)
The department may pursue funding for purposes of implementing the co-responder program pursuant to this chapter, including without limitation from block grants, the Substance Abuse and Mental Health Services Administration; the Coronavirus Aid, Relief, and Economic Security Act of 2020, P.L. 116-136; the American Rescue Plan Act of 2021, P.L. 117-2; and other grants.
Added by 2022 Ga. Laws 857,§ 5, eff. 7/1/2022.
Renumbered from 37-11-12..
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 12 - GEORGIA BEHAVIORAL HEALTH AND PEACE OFFICER CO-RESPONDER PROGRAMS (§§ 37-12-1 — 37-12-14) › Section 37-12-13 - Liability

Any peace officer, law enforcement agency, community service board, community service board team member, public safety agency, communications officer, or any employee or contractor thereof, who acts in good faith in compliance with the provisions of this chapter shall be immune from civil or criminal liability for his or her actions in connection with any of the following decisions: to dispatch or not dispatch a co-responder team, to incarcerate an individual, to transport an individual to an emergency receiving facility, or not take an individual into custody.
Added by 2022 Ga. Laws 857,§ 5, eff. 7/1/2022.
Renumbered from 37-11-13..
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 12 - GEORGIA BEHAVIORAL HEALTH AND PEACE OFFICER CO-RESPONDER PROGRAMS (§§ 37-12-1 — 37-12-14) › Section 37-12-14 - Statutory construction

Nothing in this chapter shall be construed as creating an exclusive method for a law enforcement agency to establish emergency response teams combining peace officers and behavioral health specialists.
Added by 2022 Ga. Laws 857,§ 5, eff. 7/1/2022.
Renumbered from 37-11-14..
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 1 - GENERAL PROVISIONS (§§ 38-1-1 — 38-1-2) › Section 38-1-1 - Marital, birth, divorce, or death records supplied free to veterans, dependents, Department of Veterans Affairs, or veterans' organizations; requirements; county to pay certain fees

(a)
Any agency of this state or any county official obligated to provide copies or other evidence of the marital, birth, divorce, or death status of persons of this state shall furnish veterans, dependents of deceased veterans, the United States Department of Veterans Affairs, or any veterans' organization such copies or other evidence free of charge upon the following conditions:
(1)
Where such copies or other evidence is to be used in proceedings for establishing disability or death claims with the United States Department of Veterans Affairs; and
(2)
Where the request is made in writing by a veteran, a dependent of a deceased veteran, the legal representative of a veteran, the United States Department of Veterans Affairs, or any veterans' organization.
(b)
In any county where the county official referred to in subsection (a) of this Code section is on a fee basis, the official shall be paid the fee for the service by the county. Payments shall be made on a monthly basis from county funds.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 1 - GENERAL PROVISIONS (§§ 38-1-1 — 38-1-2) › Section 38-1-2 - Political subdivisions authorized to furnish quarters, utilities, and services to nationally recognized veterans' organizations

Subject to the direction of the public officer or authority in charge of a building, office, or meeting hall, political subdivisions of this state are authorized to furnish free of charge a building, office, and meeting hall for the exclusive use of the several nationally recognized veterans' organizations and their auxiliaries. The several nationally recognized veterans' organizations may have access at all times to such building, office, or meeting hall. Political subdivisions also have the right to furnish heat, light, utilities, furniture, and janitorial service at no cost to the veterans' organizations and their auxiliaries.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 1 - STATE MILITIA GENERALLY (§§ 38-2-1 — 38-2-93) › Part 1 - GENERAL PROVISIONS (§§ 38-2-1 — 38-2-12) › Section 38-2-1 - Short title

This chapter may be cited as the "Georgia Military Forces Reorganization Act of 1955."
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 1 - STATE MILITIA GENERALLY (§§ 38-2-1 — 38-2-93) › Part 1 - GENERAL PROVISIONS (§§ 38-2-1 — 38-2-12) › Section 38-2-2 - Definitions

As used in this chapter, the term:
(1)
"Active military service of the United States" and "in the armed forces of the United States" mean full-time duty in the army, navy, marine corps, air force, space force, or coast guard of the United States.
(2)
"Active service" and "active duty" mean military duty in or with a force of the organized militia (not including the inactive National Guard) or in the Military Division, Department of Defense, either in a full-time status or in a part-time status, depending upon the conditions under which the duty is performed.
(3)
"Military" and "military and naval" mean army or land, air force or air, and navy or naval.
(4)
"Military" or "military or naval" means army or land, air force or air, or navy or naval.
(5)
"Military service of the state," as to military personnel, means service in or with a force of the organized militia or in the Military Division, Department of Defense.
(6)
"National Guard" means the Georgia National Guard, the composition of which is set forth in Code Section
38-2-3
.
(7)
"Naval Militia" means the Georgia Naval Militia as may be organized hereafter.
(8)
"Officer" or "commissioned officer" includes warrant officers.
(9)
"On the active list" means on the rolls of a force of the organized militia, not including the inactive National Guard.
(10)
"Organized militia," "all or any part of the organized militia," "organized militia or any part thereof," "any force of the organized militia," and "organized militia or any force thereof" mean, severally, the Army National Guard, the Air National Guard, the Georgia Naval Militia, when organized, and the State Defense Force, when organized, and include any unit, component, element, headquarters, staff, or cadre thereof as well as any member or members.
Amended by 2024 Ga. Laws 389,§ 10, eff. 7/1/2024.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 1 - STATE MILITIA GENERALLY (§§ 38-2-1 — 38-2-93) › Part 1 - GENERAL PROVISIONS (§§ 38-2-1 — 38-2-12) › Section 38-2-3 - Division and composition of militia; membership of unorganized militia

(a)
The militia of the state shall be divided into the organized militia, the state reserve list, the state retired list, and the unorganized militia.
(b)
The organized militia shall be composed of:
(1)
An Army National Guard and an Air National Guard which forces, together with an inactive National Guard, when such is authorized by the laws of the United States and regulations issued pursuant thereto, shall comprise the Georgia National Guard;
(2)
The Georgia Naval Militia whenever such a state force shall be duly organized; and
(3)
The State Defense Force whenever such a state force shall be duly organized.
(c)
The state reserve list and the state retired list shall include the persons who are lawfully carried thereon and such persons as may be transferred thereto or placed thereon by the Governor in accordance with this chapter.
(d)
Subject to such exemptions from military duty as are created by the laws of the United States, the unorganized militia shall consist of all able-bodied male residents of the state between the ages of 17 and 45 who are not serving in any force of the organized militia or who are not on the state reserve list or the state retired list and who are, or who have declared their intention to become, citizens of the United States.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 1 - STATE MILITIA GENERALLY (§§ 38-2-1 — 38-2-93) › Part 1 - GENERAL PROVISIONS (§§ 38-2-1 — 38-2-12) › Section 38-2-4 - Persons exempted from militia duty; exception

Persons within this state who are not citizens thereof and resident aliens shall not be liable to militia duty, except in repelling local invasions or suppressing insurrections.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 1 - STATE MILITIA GENERALLY (§§ 38-2-1 — 38-2-93) › Part 1 - GENERAL PROVISIONS (§§ 38-2-1 — 38-2-12) › Section 38-2-5 - Federal call up of militia; Governor's duties; utilization of unorganized militia; effect of unit's absence

When the militia of the state is called into federal service under the Constitution and laws of the United States, the Governor shall order out for service the organized militia or such part thereof as may be necessary; and, if the number available is insufficient, the Governor may call for and accept from the unorganized militia as many volunteers as are required for service in the organized militia. During the absence of the organized militia in the service of the United States, their state designations shall not be given to new organizations.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 1 - STATE MILITIA GENERALLY (§§ 38-2-1 — 38-2-93) › Part 1 - GENERAL PROVISIONS (§§ 38-2-1 — 38-2-12) › Section 38-2-6 - Ordering organized militia into active state service; Governor's duties; local officials' duties; declaration of state of emergency; pay

(a)
The Governor shall have power, in case of invasion, disaster, insurrection, riot, breach of the peace, combination to oppose the enforcement of the law by force or violence, or imminent danger thereof, or other grave emergency, to order all or any part of the organized militia into the active service of the state for such period, to such extent, and in such manner as he may deem necessary. Such power shall include the power to order the organized militia or any part thereof to function under the operational control of the United States army, navy, or air force commander in charge of the defense of any area within the state which is invaded or attacked or is or may be threatened with invasion or attack.
(b)
Whenever any judge of a superior, city, or state court, sheriff, or mayor of a municipality shall apprehend the outbreak of insurrection, riot, breach of the peace, or combination to oppose the enforcement of the law by force or violence within the jurisdiction of which such officer is by law the conservator of the peace, or in the event of disaster or other grave emergency, it shall be the duty of the judge, sheriff, or mayor, when it appears that the unlawful combination or disaster has progressed beyond the control of the civil authorities, to notify the Governor, and the Governor may then, in his discretion, if he deems the apprehension well founded or the disaster or emergency of sufficient magnitude, order into the active service of the state for such period, to such extent, and in such manner as he may deem necessary all or any part of the organized militia.
(c)
When the Governor orders into the active service of the state all or any portion of the organized militia as provided in this Code section, he shall declare a state of emergency in such locality and it shall be the duty of the Governor to confirm such declaration and order in writing which shall state the area into which the force of the organized militia has been ordered.
(d)
The compensation of all officers and enlisted men while on duty or assembled pursuant to this Code section shall be paid in the manner prescribed by Code Section
38-2-250
.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 1 - STATE MILITIA GENERALLY (§§ 38-2-1 — 38-2-93) › Part 1 - GENERAL PROVISIONS (§§ 38-2-1 — 38-2-12) › Section 38-2-6.1 - Request by Governor for members to report for active duty without first having declared an emergency

The Governor is authorized and empowered to request individual members of the Georgia National Guard, with their consent, to report for duty into the active service of the state for the performance of any official duty in connection with National Guard activities without first having declared an emergency as provided for in Code Section
38-2-6
or
45-12-30
; provided, however, that when requested to report for duty into the active service of the state, members of the organized militia may not be deployed to quell riots, insurrections, or a gross breach of the peace or to maintain order until an emergency has first been declared as provided in Code Section
38-2-6
or
45-12-30
.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 1 - STATE MILITIA GENERALLY (§§ 38-2-1 — 38-2-93) › Part 1 - GENERAL PROVISIONS (§§ 38-2-1 — 38-2-12) › Section 38-2-7 - Declaration of martial rule; area encompassed specifically designated

Whenever any portion of the organized militia is employed pursuant to Code Section
38-2-6
, the Governor, if in his judgment the maintenance of law and order will thereby be promoted, may declare by proclamation the area in which the troops are serving, or any specified portion thereof, to be under martial rule. The proclamation shall define the area which is under martial rule.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 1 - STATE MILITIA GENERALLY (§§ 38-2-1 — 38-2-93) › Part 1 - GENERAL PROVISIONS (§§ 38-2-1 — 38-2-12) › Section 38-2-8 - State reserve list; composition; active duty; length of service computations; applicable rules and regulations

(a)
Any commissioned or warrant officer of the organized militia may be transferred to the state reserve list on his own request, if approved by the adjutant general.
(b)
Any commissioned or warrant officer of the organized militia whose assignment becomes excess personnel by reduction, disbandment, or reorganization of a unit or by denial, withdrawal, or termination of his federal recognition or for any other reason, unless transferred to the inactive National Guard, may be relieved from duty or command and may be transferred to the state reserve list.
(c)
Any person who has served as a commissioned or warrant officer in the organized militia or in the armed forces of the United States and has been honorably discharged therefrom may be commissioned and placed on the state reserve list in the highest grade previously held by him after complying with such conditions as may be prescribed by regulations issued pursuant to this chapter.
(d)
Upon the recommendation of the adjutant general, the Governor may order any person on the state reserve list to active duty in or with the organized militia for a period not to exceed three months, in which case the person shall rank in his grade from the date of such order.
(e)
Time spent on the state reserve list shall not be credited in the computation of length of service for seniority, pay, promotion, or otherwise, or retirement or any of the privileges and exemptions pertaining thereto, except that time served on active duty by order of the Governor shall be so credited.
(f)
The provisions of this chapter relative to the resignation, retirement, court-martial, dismissal, or discharge of commissioned or warrant officers of the organized militia, including dismissal or discharge on the findings of an efficiency or medical examining board, shall be applicable to commissioned or warrant officers on the state reserve list.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 1 - STATE MILITIA GENERALLY (§§ 38-2-1 — 38-2-93) › Part 1 - GENERAL PROVISIONS (§§ 38-2-1 — 38-2-12) › Section 38-2-9 - State retired list; officers; enlisted persons; grade upon transfer to list; return to active duty; computation of time

(a)
Any member of the organized militia who has reached the age of 64 years may be retired for the reason of age and transferred to the state retired list by the Governor. A member may be retired for reason of age and transferred to the state retired list by the Governor before reaching 64 years of age in order to conform to the laws and regulations of the United States which are applicable to the organized militia.
(b)
Any officer who has served for at least 20 years in the organized militia or in the organized militia and the armed forces of the United States combined, upon his request, may be transferred to the state retired list by the Governor in a grade which is one grade higher than the highest grade previously held by him during such service. In computing the 20 year period, service as an enlisted person shall be counted.
(c)
Any warrant officer or enlisted person who has served for at least 20 years in the organized militia or in the organized militia and the armed forces of the United States combined, upon his request, may be transferred to the state retired list by the Governor in a grade equivalent to the highest grade held by him during such service. If the grade was of officer grade, subsection (b) of this Code section will govern.
(d)
Upon the recommendation of the adjutant general, the Governor may order any person on the state retired list to return to active duty and serve on military courts or boards, perform staff duty in or with the organized militia, or, in time of emergency, perform any military duty in or with the organized militia. In any such case, the person so ordered shall rank in his grade at retirement from the date of the order.
(e)
Time spent on the state retired list shall not be credited in the computation of length of service for seniority, pay, promotion, or otherwise, or any of the privileges and exemptions pertaining thereto, except that time served on active duty by order of the Governor shall be credited.
Amended by 2005 Ga. Laws 48,§ 4, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 1 - STATE MILITIA GENERALLY (§§ 38-2-1 — 38-2-93) › Part 1 - GENERAL PROVISIONS (§§ 38-2-1 — 38-2-12) › Section 38-2-11 - Implementation of federally approved counterdrug law enforcement plans

(a)
The Governor may request National Guard assistance, including but not limited to, personnel, supplies, and equipment, from the governor of another state for the purpose of implementing a federally approved counterdrug law enforcement plan under
32 U.S.C. Section 112
. Such National Guard personnel from another state while performing duty in this state pursuant to a request made under this Code section shall have the same immunity from liability and prosecution as do National Guard personnel of this state performing such duty.
(b)
The Governor may authorize the use of Georgia National Guard personnel and equipment outside the boundaries of the state under this Code section, if:
(1)
A request is received from the governor of another state;
(2)
The request evidences that the requesting governor has authority to make the request;
(3)
The attorney general of the requesting state has acknowledged the Governor's authority and has certified that National Guard personnel requested from this state while performing duty in the requesting state shall have the same immunity from liability and prosecution as do National Guard personnel of the requesting state performing such duty; and
(4)
The request relates to the performance of duty in a federally approved counterdrug law enforcement plan as authorized and funded under
32 U.S.C. Section 112
.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 1 - STATE MILITIA GENERALLY (§§ 38-2-1 — 38-2-93) › Part 1 - GENERAL PROVISIONS (§§ 38-2-1 — 38-2-12) › Section 38-2-12 - Use of National Guard as honor guards for veterans' funerals

Subject to the appropriation by the General Assembly of funds for such purpose, the Governor may authorize or direct Georgia National Guard personnel to serve while on state active duty as honor guard detail for veterans' funerals on appropriate occasions. The adjutant general shall request reimbursement for the pay and allowances due to such members ordered to such duty.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 1 - STATE MILITIA GENERALLY (§§ 38-2-1 — 38-2-93) › Part 2 - ORGANIZED MILITIA (§§ 38-2-20 — 38-2-32) › Section 38-2-20 - Land force; Army National Guard

The land force of the organized militia shall be the Army National Guard and shall comprise the army units which are a part of the Georgia National Guard, including the personnel who are enlisted, appointed, or commissioned therein. All persons who are members of the Army National Guard shall be federally recognized as such.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 1 - STATE MILITIA GENERALLY (§§ 38-2-1 — 38-2-93) › Part 2 - ORGANIZED MILITIA (§§ 38-2-20 — 38-2-32) › Section 38-2-21 - Air force; Air National Guard

The air force of the organized militia shall be the Air National Guard and shall comprise the air units which are a part of the Georgia National Guard, including the personnel who are enlisted, appointed, or commissioned therein. All persons who are members of the Air National Guard shall be federally recognized as such. The army aviation units of the National Guard shall not be considered air units within the meaning of this chapter.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 1 - STATE MILITIA GENERALLY (§§ 38-2-1 — 38-2-93) › Part 2 - ORGANIZED MILITIA (§§ 38-2-20 — 38-2-32) › Section 38-2-22 - Naval force; Naval Militia

(a)
The naval force of the organized militia shall be the Georgia Naval Militia and shall comprise the units and personnel forming the Naval Militia of the state as may be organized, including the personnel who are enlisted, appointed, or commissioned therein. All persons who shall become members of the Georgia Naval Militia shall be members of the United States naval reserve or the United States marine corps reserve.
(b)
Should units of the naval militia be tendered to the state by the United States, the Governor is authorized in his discretion to accept them.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 1 - STATE MILITIA GENERALLY (§§ 38-2-1 — 38-2-93) › Part 2 - ORGANIZED MILITIA (§§ 38-2-20 — 38-2-32) › Section 38-2-23 - State Defense Force

The State Defense Force, whenever such a state force shall be duly organized under the Constitutions and laws of the United States and of this state, shall be a force of the organized militia.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 1 - STATE MILITIA GENERALLY (§§ 38-2-1 — 38-2-93) › Part 2 - ORGANIZED MILITIA (§§ 38-2-20 — 38-2-32) › Section 38-2-24 - Organizational and training guidelines

The forces of the organized militia shall be organized, armed, disciplined, governed, administered, and trained as prescribed by the laws of the United States and by this chapter and the regulations issued thereunder.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 1 - STATE MILITIA GENERALLY (§§ 38-2-1 — 38-2-93) › Part 2 - ORGANIZED MILITIA (§§ 38-2-20 — 38-2-32) › Section 38-2-25 - Assemblies; annual training; special duty; active duty; declaration of emergency

(a)
Members and units of the organized militia shall assemble for drill or other equivalent training, instruction, or duties during each year and shall participate in field training, encampments, maneuvers, schools, conferences, cruises, or other similar duties each year as may be prescribed by the laws of the United States and by this chapter and the regulations issued thereunder; provided, however, that no assembly of any unit of the organized militia shall be ordered in time of peace for any day during which a state or federal election shall be held, except in case of disaster, riot, invasion, or insurrection, or imminent danger thereof.
(b)
Members of the organized militia may be ordered by the Governor or under his authority to perform special duty, including but not limited to duty in a judicial proceeding or court of justice conducted pursuant to Article 5 of this chapter or as a member of or in any other capacity with any military board or as an investigating officer or as a medical examiner.
(c)
Members and units of the organized militia may be ordered by the Governor to state active duty when in his judgment there exists a possibility of imminent danger of disaster, riot, insurrection, or gross breach of the peace; provided, however, that, when so called to state active duty, members and units may not be deployed to quell riots, insurrection, or gross breach of the peace or to maintain order until an emergency has first been declared as provided in Code Section
38-2-6
or
45-12-30
.
(d)
Members of the organized militia, with their consent, may be ordered by the Governor to state active duty for any lawful purpose or purposes and without pay and allowances or other compensation, except as specifically set forth in such orders, but with all other privileges, rights, benefits, and immunities provided by the military laws or other statutes of this state; provided, however, that, when so called to state active duty, members of the organized militia may not be deployed to quell riots, insurrections, or a gross breach of the peace or to maintain order until an emergency has first been declared as provided in Code Section
38-2-6
or
45-12-30
.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 1 - STATE MILITIA GENERALLY (§§ 38-2-1 — 38-2-93) › Part 2 - ORGANIZED MILITIA (§§ 38-2-20 — 38-2-32) › Section 38-2-26 - Maintenance of armories and training facilities for militia units

Unless the same shall be furnished by the United States, counties, or municipal corporations, the state shall provide armory accommodations, bases, camps, target ranges, and mooring and other facilities and shall maintain the same for units of the Army National Guard, the Air National Guard, and the Naval Militia allotted to the state under the laws of the United States, accepted by the Governor, and organized under the authority of this chapter.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 1 - STATE MILITIA GENERALLY (§§ 38-2-1 — 38-2-93) › Part 2 - ORGANIZED MILITIA (§§ 38-2-20 — 38-2-32) › Section 38-2-27 - Organization of militia units to conform to federal regulations; Governor's organizational powers; restrictions on disbanding units

(a)
The Governor shall conform the organization of the Georgia National Guard and the Georgia Naval Militia, including the composition of all units thereof, to the organization of National Guard and Naval Militia units prescribed by the laws of the United States and the regulations issued thereunder.
(b)
For the purposes stated in subsection (a) of this Code section, the Governor is authorized:
(1)
To organize, reorganize, or disband any unit, headquarters, or staff therein;
(2)
To increase or decrease the number of commissioned officers, commissioned warrant officers, warrant officers, petty officers, and noncommissioned officers of any grade therein; and
(3)
To increase or decrease the strength of the Georgia National Guard and the Georgia Naval Militia.
(c)
Notwithstanding the provisions of subsection (b) of this Code section, no organization of the Georgia National Guard, the members of which shall be entitled to and shall have received compensation under
32 U.S.C. Section 104(f)
, as amended, shall be disbanded without the consent of the President of the United States; nor, without such consent, shall the commissioned or enlisted strength of any organization in the Georgia National Guard be reduced below the minimum prescribed therefor by the President of the United States.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 1 - STATE MILITIA GENERALLY (§§ 38-2-1 — 38-2-93) › Part 2 - ORGANIZED MILITIA (§§ 38-2-20 — 38-2-32) › Section 38-2-28 - Inactive National Guard; composition

The inactive National Guard shall consist of the persons commissioned, appointed, or enlisted therein, such officers and enlisted men as may be transferred thereto from the Army National Guard and the Air National Guard, and such persons as may be enlisted therein under the laws of the United States and the regulations issued thereunder.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 1 - STATE MILITIA GENERALLY (§§ 38-2-1 — 38-2-93) › Part 2 - ORGANIZED MILITIA (§§ 38-2-20 — 38-2-32) › Section 38-2-29 - Credit for active federal service

For all purposes under this chapter, members of the organized militia who enter the active military service of the United States in time of war or under a call, order, or draft by the President or who enter and serve on active duty in the military service of the United States in time of peace and who thereafter return to the military service of the state shall be entitled to credit for time so served as if such service had been rendered to the state.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 1 - STATE MILITIA GENERALLY (§§ 38-2-1 — 38-2-93) › Part 2 - ORGANIZED MILITIA (§§ 38-2-20 — 38-2-32) › Section 38-2-30 - Resumption of membership in organized militia by National Guard personnel on release from active federal service

Upon their release from the active service of the United States, commissioned officers, warrant officers, and enlisted personnel of the organized militia who have been in the active military service of the United States under call or order into service shall resume their membership in the organized militia as provided in the laws of the United States, regulations issued pursuant thereto, and regulations issued pursuant to this chapter.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 1 - STATE MILITIA GENERALLY (§§ 38-2-1 — 38-2-93) › Part 2 - ORGANIZED MILITIA (§§ 38-2-20 — 38-2-32) › Section 38-2-31 - Purchase and issue of military property; emergency purchases; disposal of obsolete property

(a)
Under the direction of the Governor, the adjutant general shall authorize the purchase of such military property as may be required for the use of the organized militia. In extreme emergencies, however, the commanding officer of any force of the organized militia on active service may purchase such necessities as are required for the immediate use and care of his command. A report of such purchases shall be made forthwith to the adjutant general.
(b)
No military property shall be issued to persons or organizations other than those belonging to the organized militia and such forces as may be organized pursuant to Code Section
38-2-70
. Obsolete ordnance property of the state, however, may be issued by the adjutant general, with the approval of the Governor, to municipalities and to educational, patriotic, and charitable organizations under such conditions as may be prescribed by regulations issued pursuant to this chapter.