reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 5 - CORRECTIONAL INSTITUTIONS OF STATE AND COUNTIES (§§ 42-5-1 — 42-5-125) › Article 3 - CONDITIONS OF DETENTION GENERALLY (§§ 42-5-50 — 42-5-65) › Section 42-5-54 - Information from inmates relating to medical insurance; provision and payment of medical treatment for inmates

(a)
As used in this Code section, the term:
(1)
"Detention facility" means a county correctional institution, workcamp, or other county detention facility used for the detention of persons convicted of a felony or a misdemeanor.
(2)
"Inmate" means a person who is detained in a detention facility by reason of being convicted of a felony or a misdemeanor and who is insured under existing individual health insurance, group health insurance, or prepaid medical care coverage or is eligible for benefits under Article 7 of Chapter 4 of Title 49, the "Georgia Medical Assistance Act of 1977." Such term does not include any sentenced inmate who is the responsibility of the Department of Corrections.
(3)
"Officer in charge" means the warden, captain, or superintendent having the supervision of any detention facility.
(b)
The officer in charge or his or her designee may require an inmate to furnish the following information:
(1)
The existence of any health insurance, group health plan, or prepaid medical care coverage under which the inmate is insured;
(2)
The eligibility for benefits to which the inmate is entitled under Article 7 of Chapter 4 of Title 49, the "Georgia Medical Assistance Act of 1977";
(3)
The name and address of the third-party payor; and
(4)
The policy or other identifying number.
(c)
The officer in charge will provide a sick, injured, or disabled inmate access to medical services and may arrange for the inmate's health insurance carrier to pay the health care provider for the medical services rendered.
(d)
The liability for payment for medical care described under subsection (b) of this Code section may not be construed as requiring payment by any person or entity, except by an inmate personally or by his or her carrier through coverage or benefits described under paragraph (1) of subsection (b) of this Code section or by or at the direction of the Department of Community Health pursuant to paragraph (2) of such subsection.
(e)
Nothing in this Code section shall be construed to relieve the governing authority, governmental unit, subdivision, or agency having the physical custody of an inmate from its responsibility to pay for any medical and hospital care rendered to such inmate regardless of whether such individual has been convicted of a crime.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 5 - CORRECTIONAL INSTITUTIONS OF STATE AND COUNTIES (§§ 42-5-1 — 42-5-125) › Article 3 - CONDITIONS OF DETENTION GENERALLY (§§ 42-5-50 — 42-5-65) › Section 42-5-56 - Visitation with minors by convicted sexual offenders

(a)
As used in this Code section, the term "sexual offense" means a violation of Code Section
16-6-1
, relating to the offense of rape; Code Section
16-6-2
, relating to the offenses of sodomy and aggravated sodomy; Code Section
16-6-5.1
, relating to the offense of improper sexual contact by employee or agent, improper sexual contact by a foster parent, and improper sexual contact by person in a position of trust; Code Section
16-6-22
, relating to the offense of incest; or Code Section
16-6-22.2
, relating to the offense of aggravated sexual battery, when the victim was under 18 years of age at the time of the commission of any such offense; or a violation of Code Section
16-6-3
, relating to the offense of statutory rape; Code Section
16-6-4
, relating to the offenses of child molestation and aggravated child molestation; or Code Section
16-6-5
, relating to the offense of enticing a child for indecent purposes, when the victim was under 16 years of age at the time of the commission of any such offense.
(b)
Any inmate with a current or prior conviction for any sexual offense as defined in subsection (a) of this Code section shall not be allowed visitation with any person under the age of 18 years unless such person is the spouse, son, daughter, brother, sister, grandson, or granddaughter of the inmate and such person is not the victim of a sexual offense for which the inmate was convicted. If visitation with a minor is restricted by court order, permission for special visitation with the minor may be granted only by the court issuing such order.
Amended by 2021 Ga. Laws 237,§ 5, eff. 7/1/2021.
Amended by 2020 Ga. Laws 480,§ 3, eff. 1/1/2021.
Amended by 2019 Ga. Laws 295,§ 6, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 5 - CORRECTIONAL INSTITUTIONS OF STATE AND COUNTIES (§§ 42-5-1 — 42-5-125) › Article 3 - CONDITIONS OF DETENTION GENERALLY (§§ 42-5-50 — 42-5-65) › Section 42-5-57 - Institution of rehabilitation programs; provision of opportunities for educational, religious, and recreational activities

(a)
The board, acting alone or in cooperation with the Department of Education, the Board of Regents of the University System of Georgia, or the several state, local, and federal agencies concerned therewith shall be authorized to institute a program of rehabilitation, which may include academic, industrial, mechanical, agricultural, and vocational training, within the confines of a penal institution.
(b)
The board, acting alone or in cooperation with the Georgia Firefighter Standards and Training Council, shall be authorized to institute a program of rehabilitation which includes training following the Georgia Fire Academy curriculum within the confines of a penal institution.
(c)
The board, acting alone or in cooperation with the Department of Public Health, shall be authorized to institute a program of rehabilitation which includes training for emergency medical services personnel as such term is defined in Code Section
31-11-49
within the confines of a penal institution.
(d)
The department, in institutions under its control and supervision, shall give the inmates opportunity for reasonable educational, religious, and recreational activities where practicable.
Amended by 2021 Ga. Laws 292,§ 9, eff. 5/10/2021.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 5 - CORRECTIONAL INSTITUTIONS OF STATE AND COUNTIES (§§ 42-5-1 — 42-5-125) › Article 3 - CONDITIONS OF DETENTION GENERALLY (§§ 42-5-50 — 42-5-65) › Section 42-5-58 - Prohibition against corporal punishment; use of handcuffs, leg chains, and other restraints; permissible punishment generally

(a)
Whipping of inmates and all forms of corporal punishment shall be prohibited. All shackles, manacles, picks, leg irons, and chains shall be barred from use as punishment by any penal institution operated under authority of the board. In transferring violent or potentially dangerous inmates within an institution or between facilities, handcuffs, leg chains, waist chains, and waist belts may be utilized. Handcuffs, leg chains, waist chains, and waist belts may also be used in securing violent or potentially dangerous inmates within an institution and in public and private areas such as hospitals and clinics; but in no event may handcuffs, leg chains, waist chains, and waist belts be used as punishment; provided, however, that if the accused becomes violent in the courtroom, restraints may be used.
(b)
The department shall restrict punishment for an infraction of correctional rules and regulations to isolation and restricted diet or to uniform standard humane punishment which the department may deem necessary for the control of inmates.
Amended by 2023 Ga. Laws 353,§ 5, eff. 7/1/2023.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 5 - CORRECTIONAL INSTITUTIONS OF STATE AND COUNTIES (§§ 42-5-1 — 42-5-125) › Article 3 - CONDITIONS OF DETENTION GENERALLY (§§ 42-5-50 — 42-5-65) › Section 42-5-59 - Employment of inmates in the local community

(a)
The commissioner shall extend the limits of the place of confinement of an inmate, if there is reasonable cause to believe the inmate will honor his trust, by authorizing the inmate, under prescribed conditions, to work at paid employment or participate in a training program in the community on a voluntary basis while continuing as an inmate of the institution to which he is committed, provided that:
(1)
Representatives of local union central bodies or similar labor union organizations are consulted;
(2)
The paid employment will not result in the displacement of employed workers, be applied in skills, crafts, or trades in which there is a surplus of available gainful labor in the locality, or impair existing contracts for services; and
(3)
The rates of pay and other conditions of employment will not be less than those paid or provided for work of a similar nature in the locality in which the work is to be performed.
(b)
An inmate authorized to work at paid employment in the community under subsection (a) of this Code section shall comply with all rules and regulations promulgated by the board relative to the handling, disbursement, and holding in trust of all funds earned by the inmate while under the jurisdiction of the department. 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 department; provided, however, that, if the inmate is assigned to a county correctional institution, the deducted amount shall be deposited in the treasury of the county to which the inmate is assigned. After the deduction for keep and confinement, the commissioner 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 is deemed necessary to accumulate a reasonable sum to be paid to him on his release from the penal institution;
(3)
Deduct from the inmate's funds any amounts necessary to cover the costs of medical or dental attention provided to the inmate, said deductions to be made in accordance with policies and procedures promulgated by the commissioner; and
(4)
Cause to be paid any additional balance as is needed for the support of the inmate's dependents.
(c)
No inmate employed in the community under subsection (a) of this Code section shall be deemed to be an agent, employee, or involuntary servant of the department while working in the community or going to and from his employment.
(d)
The willful failure of an inmate to remain within the extended limits of his confinement or to return within the time prescribed to an institution designated by the commissioner shall be deemed an escape from a penal institution and shall be punishable by law.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 5 - CORRECTIONAL INSTITUTIONS OF STATE AND COUNTIES (§§ 42-5-1 — 42-5-125) › Article 3 - CONDITIONS OF DETENTION GENERALLY (§§ 42-5-50 — 42-5-65) › Section 42-5-60.1 - Utilization of inmates of county correctional institutions for work on outdoor assignments during inclement weather; supervision of inmates

(a)
As used in this Code section, the term "inclement weather" means weather in which there is rain or in which the temperature is below 28 degrees Fahrenheit.
(b)
Inmates of a county correctional institution who are otherwise required to work on outdoor assignments shall work on such assignments notwithstanding inclement weather if employees of any governmental entity within the county in which the work is to be performed are performing outdoor work during such inclement weather and such work is similar in kind or in degree of exertion to that to be performed by the inmates.
(c)
Correctional officers and other supervisory personnel shall be available to supervise adequately those inmates performing outdoor work in inclement weather.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 5 - CORRECTIONAL INSTITUTIONS OF STATE AND COUNTIES (§§ 42-5-1 — 42-5-125) › Article 3 - CONDITIONS OF DETENTION GENERALLY (§§ 42-5-50 — 42-5-65) › Section 42-5-61 - Services and benefits furnished to inmates upon discharge

(a)
Except as otherwise provided in this Code section, whenever an inmate is discharged upon pardon or completion of his sentence or is conditionally released or paroled from any place of detention to which he has been assigned under the authority of the department, the department shall provide the inmate the following:
(1)
Transportation to the inmate's home within the United States or to a place chosen by the inmate and authorized by regulations of the board;
(2)
An amount of money of not less than $25.00 and not more than $150.00, as determined according to regulations of the board; and
(3)
A travel kit, when appropriate, and suitable clothing, each as provided by regulation of the board.
(b)
Whenever an inmate assigned to a county correctional institution by the department is discharged upon pardon or completion of his sentence or is conditionally released or paroled, the county shall provide the inmate the release benefits to which he is eligible under this Code section, and the department shall reimburse the county.
(c)
An inmate whose limits of confinement have been extended to allow him to participate in a work-release program of paid employment shall receive the benefits provided by this Code section only to the extent of financial need, as determined pursuant to regulations of the board.
(d)
An inmate convicted of an offense which is less than a felony shall receive the amount of $25.00 or less as determined under regulations of the board and transportation as provided in this Code section.
(e)
The department shall administer these benefits through regulations which are based upon the knowledge and skill of the board in aiding an inmate to make the initial adjustment to his release.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 5 - CORRECTIONAL INSTITUTIONS OF STATE AND COUNTIES (§§ 42-5-1 — 42-5-125) › Article 3 - CONDITIONS OF DETENTION GENERALLY (§§ 42-5-50 — 42-5-65) › Section 42-5-62 - Forfeiture of contraband

The possession by an inmate on his person or in his cell, immediate sleeping area, locker, or immediate place of work or assignment of any form of securities, bonds, coins, currency, or legal tender, unless expressly and specifically authorized by the individual institution concerned, shall constitute contraband and be subject to forfeiture. With respect to state correctional institutions, all such securities, bonds, coins, currency, or legal tender shall vest in the state and shall be paid into the state treasury. With respect to county correctional institutions, all such currency and other items shall vest in the county and shall be paid into the county treasury.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 5 - CORRECTIONAL INSTITUTIONS OF STATE AND COUNTIES (§§ 42-5-1 — 42-5-125) › Article 3 - CONDITIONS OF DETENTION GENERALLY (§§ 42-5-50 — 42-5-65) › Section 42-5-63 - Unauthorized possession of weapon by inmate

(a)
Every person confined in a penal institution or confined in any other facility under the jurisdiction of or subject to the authority of the board or who, while being conveyed to or from any facility, or while at any other location under such jurisdiction or authority, or while being conveyed to or from any such place, or while under the custody of officials, officers, or employees subject to such jurisdiction or authority, who, without authorization of the appropriate authorities, possesses or carries upon his person or has under his custody or control any instrument or weapon of the kind commonly known as a blackjack, slingshot, billy, sandclub, sandbag, or knuckles whether made from metal, thermoplastic, wood, or other similar material; or any pistol, revolver, or other firearm; or any explosive substance; or any dirk, dagger, switchblade, gravity knife, razor, or any other sharp instrument which is capable of such use as may endanger the safety or security of any of the facilities described in this subsection or of any person therein shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for a term of not less than one nor more than five years.
(b)
A person is deemed "confined in a penal institution" if he is confined in any of the penal institutions specified in subsection (a) of this Code section by order made pursuant to law, regardless of the purpose of the confinement and regardless of the validity of the order directing the confinement, until a judgment of a competent court setting aside the order becomes final so as to entitle the person to his immediate release.
(c)
A person is deemed "confined in" a penal institution even if, at the time of the offense, he is temporarily outside its walls or bounds for the purpose of confinement in a local place of confinement pending trial or for any other purpose for which an inmate may be allowed temporarily outside the walls or bounds of a penal institution; but an inmate who has been released on parole is not deemed "confined in" a penal institution for purposes of this Code section.
Amended by 2008 Ga. Laws 551,§ 3, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 5 - CORRECTIONAL INSTITUTIONS OF STATE AND COUNTIES (§§ 42-5-1 — 42-5-125) › Article 3 - CONDITIONS OF DETENTION GENERALLY (§§ 42-5-50 — 42-5-65) › Section 42-5-65 - Victim photographs prohibited; exception

(a)
For purposes of this Code section, the term "inmate" means any person confined in a penal institution or confined in another facility under the jurisdiction of or subject to the authority of the board or while under the custody of officials, officers, or employees under the authority of the board.
(b)
An inmate who is serving a sentence for a violation of Chapter 5 of Title 16 relating to crimes against the person shall be prohibited from possessing or carrying about his or her person or maintaining in any prison cell or similar area under his or her control any photograph, picture, or similar depiction of any victim of the offense for which he or she is serving where such photograph, picture, or depiction was a part of the criminal investigation, prosecution, or evidence leading to the inmate's conviction.
(c)
An inmate who is serving a sentence for a violation of Chapter 6 of Title 16 relating to sexual offenses shall be prohibited from possessing or carrying about his or her person or maintaining in any prison cell or similar area under his or her control any photograph, picture, or similar depiction of any victim of the offense for which he or she is serving.
(d)
A person acting in violation of this Code section shall be guilty of a misdemeanor.
(e)
This Code section shall not apply where the photograph or picture is needed for use in any civil or criminal proceeding provided that the inmate receives permission by a court having jurisdiction over the proceeding and only for so long as and in such manner as directed by court order.
(f)
Nothing in this Code section shall limit further restrictions or limitations on the possession of contraband or victim photographs by persons confined or under the custody of the board as deemed appropriate by the board.
Added by 2007 Ga. Laws 128,§ 2, eff. 5/18/2007.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 5 - CORRECTIONAL INSTITUTIONS OF STATE AND COUNTIES (§§ 42-5-1 — 42-5-125) › Article 4 - GRANTING SPECIAL LEAVES, EMERGENCY LEAVES, AND LIMITED LEAVE PRIVILEGES (§§ 42-5-80 — 42-5-85) › Section 42-5-80 - Authorization and general procedure for granting special leave

Whenever recommended by the warden or superintendent of any penal institution in which inmates committed to the custody of the commissioner have been assigned, the commissioner may grant special leave to an inmate to leave the institution in which he is incarcerated for participation in special community or other meritorious programs or activities deemed beneficial to the inmate and not detrimental to the public. The activity must be such as, in the opinion of the warden or superintendent and the commissioner, will contribute to the rehabilitation process of the inmate involved. In order to be considered for this special leave, the inmate shall be eligible solely upon the concurrence of the warden or superintendent and the commissioner that positive attitudinal and growth patterns are being established. Under no condition shall any inmate be permitted to leave the state under this Code section. This Code section shall not apply to convicted sex offenders.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 5 - CORRECTIONAL INSTITUTIONS OF STATE AND COUNTIES (§§ 42-5-1 — 42-5-125) › Article 4 - GRANTING SPECIAL LEAVES, EMERGENCY LEAVES, AND LIMITED LEAVE PRIVILEGES (§§ 42-5-80 — 42-5-85) › Section 42-5-81 - Issuance of special leave; filing

All special leaves must be issued in writing, must set a determinate period of duration, and must be signed by both the warden or superintendent and by the commissioner; this authority may not be delegated except as provided in Code Section
42-5-84
. All such writings must be kept on file in the office of the commissioner.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 5 - CORRECTIONAL INSTITUTIONS OF STATE AND COUNTIES (§§ 42-5-1 — 42-5-125) › Article 4 - GRANTING SPECIAL LEAVES, EMERGENCY LEAVES, AND LIMITED LEAVE PRIVILEGES (§§ 42-5-80 — 42-5-85) › Section 42-5-82 - Purposes for which special leave may be granted

A special leave may be granted for the purpose of:
(1)
Attending educational programs;
(2)
Improving job skills;
(3)
Attending trade licensing examinations;
(4)
Being interviewed for employment;
(5)
Participating in drug abuse, delinquency, or crime prevention programs;
(6)
Participating as a volunteer for a nonprofit organization or governmental agency in an activity serving the general public; or
(7)
For any purpose which the department deems beneficial to both the inmate and the public.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 5 - CORRECTIONAL INSTITUTIONS OF STATE AND COUNTIES (§§ 42-5-1 — 42-5-125) › Article 4 - GRANTING SPECIAL LEAVES, EMERGENCY LEAVES, AND LIMITED LEAVE PRIVILEGES (§§ 42-5-80 — 42-5-85) › Section 42-5-83 - Emergency leaves

The warden or superintendent of any penal institution in which inmates committed to the custody of the commissioner have been assigned may authorize, without the prior written approval of the commissioner, emergency leave to an inmate when it is confirmed that there exists a serious illness or death in the inmate's immediate family and when notice and confirmation of the illness or death does not reach the warden or superintendent in time to authorize special leave in the manner provided in Code Section
42-5-81
. Emergency leave cannot be granted under this Code section to any inmate who has been convicted of a sex offense, who has escaped or attempted to escape within 12 months preceding the emergency, who has not served sufficient time to demonstrate his responsibility and dependability, or who has an assaultive pattern determined to exist either from the nature of the offense for which he has been convicted or from conduct while incarcerated in the penal institution. The warden or superintendent granting the emergency leave must forward immediately a written report of the action to the commissioner.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 5 - CORRECTIONAL INSTITUTIONS OF STATE AND COUNTIES (§§ 42-5-1 — 42-5-125) › Article 4 - GRANTING SPECIAL LEAVES, EMERGENCY LEAVES, AND LIMITED LEAVE PRIVILEGES (§§ 42-5-80 — 42-5-85) › Section 42-5-84 - Delegation of authority to issue limited leave privileges; records

The commissioner may delegate to any warden or superintendent of any penal institution in which inmates committed to his custody have been assigned the authority to issue limited privileges to leave the confines of the institution, not to exceed 12 hours and not to extend beyond daylight hours, to any inmate for whom the commissioner has extended, under the authority of Code Section
42-5-59
, the limits of the inmate's place of confinement. The limited privileges authorized in this Code section may only be granted to accomplish the purposes enumerated in Code Section
42-5-82
. The warden or superintendent granting privileges under this Code section must maintain detailed records of passes authorized by this Code section.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 5 - CORRECTIONAL INSTITUTIONS OF STATE AND COUNTIES (§§ 42-5-1 — 42-5-125) › Article 4 - GRANTING SPECIAL LEAVES, EMERGENCY LEAVES, AND LIMITED LEAVE PRIVILEGES (§§ 42-5-80 — 42-5-85) › Section 42-5-85 - Leave privileges of inmates serving murder sentences

(a)
As used in this Code section, the term:
(1)
"Aggravating circumstance" means that:
(A)
The murder was committed by a person with a prior record of conviction for a capital felony;
(B)
The murder was committed while the offender was engaged in the commission of another capital felony, aggravated battery, burglary in any degree, or arson in the first degree;
(C)
The offender, by his or her act of murder, knowingly created a great risk of death to more than one person in a public place by means of a weapon or device which would normally be hazardous to the lives of more than one person;
(D)
The offender committed the murder for himself, herself, or another, for the purpose of receiving money or any other thing of monetary value;
(E)
The murder of a judicial officer, former judicial officer, district attorney or solicitor-general, or former district attorney, solicitor, or solicitor-general was committed during or because of the exercise of his or her official duties;
(F)
The offender caused or directed another to commit murder or committed murder as an agent or employee of another person;
(G)
The murder was outrageously or wantonly vile, horrible, or inhuman in that it involved torture, depravity of mind, or an aggravated battery to the victim;
(H)
The murder was committed against any peace officer, corrections employee, or firefighter while engaged in the performance of his or her official duties;
(I)
The murder was committed by a person in, or who has escaped from, the lawful custody of a peace officer or place of lawful confinement; or
(J)
The murder was committed for the purpose of avoiding, interfering with, or preventing a lawful arrest or custody in a place of lawful confinement of himself, herself, or another.
(2)
"Murder" means a violation of Code Section
16-5-1
.
(b)
No special leave, emergency leave, or limited leave privileges shall be granted to any inmate who is serving a murder sentence unless the commissioner has approved in writing a written finding by the department that the murder did not involve any aggravating circumstance.
(c)
The department shall make a finding that a murder did not involve an aggravating circumstance only after an independent review of the record of the trial resulting in the conviction or of the facts upon which the conviction was based.
Amended by 2014 Ga. Laws 577,§ 2-11, eff. 7/1/2014.
Amended by 2012 Ga. Laws 709,§ VIII-8-15, eff. 7/1/2012.
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 5 - CORRECTIONAL INSTITUTIONS OF STATE AND COUNTIES (§§ 42-5-1 — 42-5-125) › Article 5 - AWARDING EARNED-TIME ALLOWANCES (§§ 42-5-100 — 42-5-125) › Section 42-5-100 - Termination of board's power to award earned-time allowances

The earned-time allowances, which could have been awarded by the board to inmates based upon the performance of the inmate, in effect on December 31, 1983, shall not apply to:
(1)
Those persons who commit crimes on or after January 1, 1984, and who are subsequently convicted and sentenced to the custody of the board;
(2)
Those persons who have committed a crime prior to January 1, 1984, but who have not been convicted and sentenced as of December 31, 1983, and who are subsequently sentenced to the custody of the board, including those whose sentences have been probated or suspended, on or after January 1, 1984; however, such persons shall receive the full benefit of the earned-time allowances, in effect on December 31, 1983, and shall receive a release or discharge date computed as if they had been sentenced to the custody of the board, prior to December 31, 1983; or
(3)
Those persons previously sentenced to the custody of the board, including those whose sentences have been probated or suspended, as of December 31, 1983; however, such persons shall receive the full benefit of the earned-time allowances in effect on December 31, 1983, and shall receive a release or discharge date the same as reflected in the records of such person on December 31, 1983, less any creditable earned time that such person could have earned as a result of forfeited earned time.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 5 - CORRECTIONAL INSTITUTIONS OF STATE AND COUNTIES (§§ 42-5-1 — 42-5-125) › Article 5 - AWARDING EARNED-TIME ALLOWANCES (§§ 42-5-100 — 42-5-125) › Section 42-5-101 - Work incentive credits

(a)
The Department of Corrections is authorized to devise and to provide by agency rule a system of work incentive credits which may be awarded by the department to persons committed to its custody for any felony prison term other than life imprisonment.
(b)
Work incentive credits may be awarded by the department to recognize inmates' institutional attainments in academic or vocational education, satisfactory performance of work assignments made by the penal institution, and compliance with satisfactory behavior standards established by the department.
(c)
The department may award up to one day of work incentive credits for each day during which the subject inmate has participated in approved educational or other counseling programs, has satisfactorily performed work tasks assigned by the penal institution, and has complied with satisfactory behavior standards established by the department.
(d)
Any work incentive credits awarded an inmate by the department shall be reported by the department to the State Board of Pardons and Paroles which shall consider such credits when making a final parole release decision regarding the subject inmate. The department is authorized to recommend the board apply the work incentive credits to advance any tentative parole release date already established for the subject inmate.
(e)
The department also shall report to the State Board of Pardons and Paroles the cases of inmates who decline or refuse to participate in work, educational, or counseling programs, who fail to comply with satisfactory behavior standards, and who therefore refuse to earn work incentive credits.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 5 - CORRECTIONAL INSTITUTIONS OF STATE AND COUNTIES (§§ 42-5-1 — 42-5-125) › Article 5 - AWARDING EARNED-TIME ALLOWANCES (§§ 42-5-100 — 42-5-125) › Section 42-5-121 - Federal certification

The commissioner shall seek certification under the federal Prison Industry Enhancement Certification Program authorized by
18 U.S.C. Section 1761
and federal regulations for programs of voluntary labor by inmates for privately owned profit-making employers to produce goods, services, or goods and services for sale to public or private purchasers. After receiving certification, the board shall operate one or more such programs.
Added by 2005 Ga. Laws 383,§ 4, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 5 - CORRECTIONAL INSTITUTIONS OF STATE AND COUNTIES (§§ 42-5-1 — 42-5-125) › Article 5 - AWARDING EARNED-TIME ALLOWANCES (§§ 42-5-100 — 42-5-125) › Section 42-5-122 - Conflicting legislation preempted

Any program for voluntary labor by inmates created in accordance with this article shall not be subject to the provisions of Code Section
42-5-60
prohibiting hiring out inmates to private persons, corporations, and businesses conducted for profit; prohibiting sale of goods, wares, or merchandise manufactured, produced, or mined by inmates to private persons, firms, associations, and corporations; and limiting the amount of compensation for inmates.
Added by 2005 Ga. Laws 383,§ 4, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 5 - CORRECTIONAL INSTITUTIONS OF STATE AND COUNTIES (§§ 42-5-1 — 42-5-125) › Article 5 - AWARDING EARNED-TIME ALLOWANCES (§§ 42-5-100 — 42-5-125) › Section 42-5-123 - Compensation by employers for administrative and other costs to the state

(a)
The board shall ensure by rules or by contractual provisions that the privately owned profit-making employers compensate the department and the Georgia Correctional Industries Administration for any administrative costs or other costs incurred by the department or the administration for the operation of the program or programs. The board shall ensure by rules or by contractual provisions that the department and the administration are compensated for use of any employees of the department or the administration, use of any space owned by or under the control of the department or the administration, or use of any other resources of the department or the administration in the operation of the program or programs.
(b)
Employers that participate in inmate work programs under this article shall be prohibited from providing any thing of value to the Board of Corrections, the Department of Corrections, the Georgia Correctional Industries Administration, or any officer or employee thereof other than the payments authorized by this Code section. The Board of Corrections, the Department of Corrections, the Georgia Correctional Industries Administration, and any officer or employee thereof shall be prohibited from accepting any thing of value, other than the payments authorized by this Code section, from employers that participate in inmate work programs under this article. As used in this Code section, the term "thing of value" shall have the same meaning as that term is defined in Code Section
16-10-2
.
Amended by 2007 Ga. Laws 128,§ 4, eff. 5/18/2007.
Added by 2005 Ga. Laws 383,§ 4, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 5 - CORRECTIONAL INSTITUTIONS OF STATE AND COUNTIES (§§ 42-5-1 — 42-5-125) › Article 5 - AWARDING EARNED-TIME ALLOWANCES (§§ 42-5-100 — 42-5-125) › Section 42-5-124 - Publicizing and inviting participation in programs; cooperation with the Department of Labor

Following the issuance and promulgation of rules and regulations, the department and the Georgia Correctional Industries Administration are authorized to publicize the program and invite employers to participate. The department shall rely upon the Georgia Department of Labor for determining whether inmates would be displacing other workers, whether labor shortages exist, and the prevailing local wage for work to be done by inmates. The Georgia Department of Labor is authorized to provide such determinations to the department.
Amended by 2007 Ga. Laws 128,§ 5, eff. 5/18/2007.
Added by 2005 Ga. Laws 383,§ 4, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 5 - CORRECTIONAL INSTITUTIONS OF STATE AND COUNTIES (§§ 42-5-1 — 42-5-125) › Article 5 - AWARDING EARNED-TIME ALLOWANCES (§§ 42-5-100 — 42-5-125) › Section 42-5-125 - General applicability; exceptions

(a)
Every program involving employment of an inmate, convict, or prisoner by a business operated for profit to manufacture, produce, or mine goods, wares, or merchandise for transportation in interstate commerce or to provide services shall become a part of the programs authorized by this article and shall conform to the rules and regulations promulgated in accordance with this article.
(b)
This Code section shall not apply to programs for the production of agricultural commodities, parts for the repair of farm machinery, or goods, wares, or merchandise manufactured for use by not for profit organizations, the federal government, the District of Columbia, or by any state or political subdivision of a state.
(c)
This Code section shall not apply to an inmate, convict, or prisoner serving a term of supervised release, as described in
18 U.S.C. Section 3583
.
Added by 2005 Ga. Laws 383,§ 4, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 6 - DETAINERS (§§ 42-6-1 — 42-6-25) › Article 1 - GENERAL PROVISIONS (§§ 42-6-1 — 42-6-6) › Section 42-6-1 - Definitions

As used in this article, the term:
(1)
"Commissioner" means the commissioner of corrections.
(2)
"Department" means the Department of Corrections.
(3)
"Detainer" means a written instrument executed by the prosecuting officer of a court and filed with the department requesting that the department retain custody of an inmate pending delivery of the inmate to the proper authorities to stand trial upon a pending indictment or accusation, or to await final disposition of all appeals and other motions which are pending on any outstanding sentence, and to which is attached a copy of the indictment, accusation, or conviction which constitutes the basis of the request. The request shall contain a statement that the prosecuting officer desires and intends to bring the inmate to trial upon the pending indictment or accusation, and in the case of an outstanding sentence, that he intends to seek final disposition of all appeals and other motions.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 6 - DETAINERS (§§ 42-6-1 — 42-6-25) › Article 1 - GENERAL PROVISIONS (§§ 42-6-1 — 42-6-6) › Section 42-6-2 - When detainers to be accepted and filed by department

The department shall accept and file only those detainers which meet the requirements of this article and which are filed in accordance with this article; provided, however, this article shall not apply to detainers filed by the authorities of the United States government or of any of the other several states or of any foreign state.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 6 - DETAINERS (§§ 42-6-1 — 42-6-25) › Article 1 - GENERAL PROVISIONS (§§ 42-6-1 — 42-6-6) › Section 42-6-4 - Effect of failure to meet time limit for trial after delivery of inmate pursuant to Code Section 24-13-60

If an inmate is not brought to trial upon a pending indictment or accusation within two terms of court after delivery of the inmate to the sheriff or a deputy sheriff pursuant to subsection (a) of Code Section
24-13-60
, provided no continuance has been granted, all detainers based upon the pending indictments or accusations shall be stricken and dismissed from the records of the department.
Amended by 2011 Ga. Laws 52,§; 62, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 6 - DETAINERS (§§ 42-6-1 — 42-6-25) › Article 1 - GENERAL PROVISIONS (§§ 42-6-1 — 42-6-6) › Section 42-6-5 - Temporary custody of inmate requesting disposition of pending indictment or accusation

(a)
In response to the request of an inmate for final disposition of any pending indictment or accusation made pursuant to Code Section
42-6-3
or pursuant to an order of a court entered pursuant to subsection (a) of Code Section
24-13-60
, the department shall offer to deliver temporary custody of the inmate to the sheriff or a deputy sheriff of the county in which the indictment or accusation is pending against the inmate. The judge of the court in which the proceedings are pending is authorized to and shall issue an ex parte order directed to the department requiring the delivery of the inmate to the sheriff or a deputy sheriff of the county in which the trial is to be held.
(b)
The sheriff or a deputy sheriff of a county accepting temporary custody of an inmate shall present proper identification and a certified copy of the indictment or accusation upon which trial is to be had.
(c)
If the sheriff or deputy sheriff fails or refuses to accept temporary custody of the inmate, detainers based upon indictments or accusations upon which trial has been sought shall be stricken and dismissed from the records of the department.
(d)
The temporary custody referred to in this article shall be only for the purpose of permitting prosecution on the pending indictments or accusations which form the basis of the detainer or detainers filed against the inmate.
(e)
At the earliest practicable time consonant with the purposes of this article, the inmate shall be returned by the sheriff or a deputy sheriff to the custody of the department.
(f)
During the continuance of temporary custody or while the inmate is otherwise being made available for trial as required by this article, the sentence being served by the inmate shall continue to run and good time shall be earned by the inmate to the same extent that the law allows for any other inmate serving under the jurisdiction of the department.
(g)
From the time that the sheriff or a deputy sheriff receives custody of an inmate pursuant to this article and until the inmate is returned to the physical custody of the department, the county to which the inmate is transported shall be responsible for the safekeeping of the inmate and shall pay all costs of transporting, caring for, keeping, and returning the inmate. Any habeas corpus action instituted by the inmate while in the custody of the sheriff shall be defended by the county attorney and the expenses of such litigation shall be paid by the county.
Amended by 2011 Ga. Laws 52,§; 63, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 6 - DETAINERS (§§ 42-6-1 — 42-6-25) › Article 1 - GENERAL PROVISIONS (§§ 42-6-1 — 42-6-6) › Section 42-6-6 - Applicability of article to mentally ill persons

This article shall not apply to any person who has been adjudged to be mentally ill.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 6 - DETAINERS (§§ 42-6-1 — 42-6-25) › Article 2 - INTERSTATE AGREEMENT ON DETAINERS (§§ 42-6-20 — 42-6-25) › Section 42-6-21 - Meaning of phrase "appropriate court."

The phrase "appropriate court," as used in the Agreement on Detainers with reference to the courts of this state, means the superior courts of this state.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 6 - DETAINERS (§§ 42-6-1 — 42-6-25) › Article 2 - INTERSTATE AGREEMENT ON DETAINERS (§§ 42-6-20 — 42-6-25) › Section 42-6-22 - Enforcement of agreement; cooperation with other states

All courts, departments, agencies, officers, and employees of this state and its political subdivisions are directed to enforce the Agreement on Detainers and to cooperate with one another and with other party states in enforcing the agreement and effectuating its purpose.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 6 - DETAINERS (§§ 42-6-1 — 42-6-25) › Article 2 - INTERSTATE AGREEMENT ON DETAINERS (§§ 42-6-20 — 42-6-25) › Section 42-6-23 - Appointment of central administrator and information agent

The commissioner of corrections shall appoint a person to serve as central administrator of and information agent for the Agreement on Detainers pursuant to Article VII of the agreement.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 6 - DETAINERS (§§ 42-6-1 — 42-6-25) › Article 2 - INTERSTATE AGREEMENT ON DETAINERS (§§ 42-6-20 — 42-6-25) › Section 42-6-24 - Delivery of inmate mandatory when required by operation of agreement

It shall be lawful and mandatory upon the warden, superintendent, or other official in charge of a penal institution in this state to give over the person of any inmate thereof whenever so required by the operation of the Agreement on Detainers.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 6 - DETAINERS (§§ 42-6-1 — 42-6-25) › Article 2 - INTERSTATE AGREEMENT ON DETAINERS (§§ 42-6-20 — 42-6-25) › Section 42-6-25 - Escape by person in custody under agreement

(a)
It shall be unlawful for any person to escape from custody while in another state pursuant to the Agreement on Detainers.
(b)
A violation of subsection (a) of this Code section shall be punishable by confinement for not less than one nor more than five years.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 7 - TREATMENT OF YOUTHFUL OFFENDERS (§§ 42-7-1 — 42-7-9) › Section 42-7-1 - Short title

This chapter shall be known and may be cited as the "Georgia Youthful Offender Act of 1972."
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 7 - TREATMENT OF YOUTHFUL OFFENDERS (§§ 42-7-1 — 42-7-9) › Section 42-7-2 - Definitions

As used in this chapter, the term:
(1)
"Board" means the Board of Corrections.
(2)
"Commissioner" means the commissioner of corrections.
(3)
"Conviction" means a judgment on a verdict or finding of guilty, a plea of guilty, or a plea of nolo contendere in a felony case but excludes all judgments upon criminal offenses for which the maximum punishment provided by law is death or life imprisonment.
(4)
"Court" means any court of competent jurisdiction other than a juvenile court.
(5)
"Department" means the Department of Corrections.
(6)
"Treatment" means corrective and preventative incarceration, guidance, and training designed to protect the public by correcting the antisocial tendencies of youthful offenders, which may include but is not limited to vocational, educational, and other training deemed fit and necessary by the department.
(7)
"Youthful offender" means any male offender who is at least 17 but less than 25 years of age at the time of conviction and who in the opinion of the department has the potential and desire for rehabilitation.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 7 - TREATMENT OF YOUTHFUL OFFENDERS (§§ 42-7-1 — 42-7-9) › Section 42-7-3 - Providing institutions and facilities

(a)
Youthful offenders shall undergo treatment in secure institutions, including training schools, hospitals, farms, and forestry and other camps and including vocational training facilities and other institutions and agencies that will provide the essential varieties of treatment.
(b)
The commissioner may, to the extent necessary, set aside such facilities described in subsection (a) of this Code section as are necessary to carry out the purposes of this chapter.
(c)
To the extent possible, such institutions and facilities shall be used only for treatment of youthful offenders who have the potential and desire for rehabilitation as provided in this chapter.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 7 - TREATMENT OF YOUTHFUL OFFENDERS (§§ 42-7-1 — 42-7-9) › Section 42-7-4 - Studies and diagnoses; placement of youthful offender by department

(a)
The commissioner shall cause to be made a complete study and diagnosis of each youthful offender, including a physical examination and, where possible and indicated, a mental examination. In the absence of exceptional circumstances, each study and diagnosis shall be completed within a period of 60 days from the date of commitment.
(b)
Upon the receipt of all reports and recommendations required by subsection (a) of this Code section, the department shall:
(1)
Allocate and direct a transfer of the youthful offender to an institution or facility for treatment; or
(2)
Order the youthful offender confined and afforded treatment under such conditions as are necessary for the protection of the public.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 7 - TREATMENT OF YOUTHFUL OFFENDERS (§§ 42-7-1 — 42-7-9) › Section 42-7-5 - Transfer

The commissioner may order the transfer of the offender from one institution or facility to any other institution or facility operated by the department.