reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 4 - JAILS (§§ 42-4-1 — 42-4-105) › Article 5 - REGIONAL JAIL AUTHORITIES (§§ 42-4-90 — 42-4-105) › Section 42-4-94 - Board of directors; members; election of officers; expenses; duties; addition of counties or municipalities to authority

(a)
Control and management of the authority shall be vested in a board of directors. Each county participating in an authority shall appoint the sheriff of the county for the term of such sheriff's office. One other member from each participating county shall be appointed for a four-year term. Each municipality participating in an authority shall appoint two people to serve on the board of directors, each for a four-year term. For each county or municipal regional jail authority board of directors, an additional member shall be appointed by the directors themselves. The directors shall elect one of their members as chairperson and another as vice chairperson and shall also elect a secretary and a treasurer or a secretary-treasurer, either of whom may, but need not be, a director. The directors shall receive no compensation for their services but shall be reimbursed for actual expenses incurred in the performance of their duties. The directors may make bylaws and regulations for the governing of the authority and may delegate to one or more of the officers, agents, and employees of the authority such powers and duties as may be deemed necessary and proper.
(b)
It is the duty of the board of directors to erect or repair, when necessary, the jail and to furnish the jail with all the furniture necessary for the different rooms, offices, and cells. The jail shall be erected and kept in order and repaired at the expense of the authority under the direction of the board of directors which is authorized to make all necessary contracts for that purpose. The board of directors shall pass an annual budget sufficient for the efficient and effective operation of the jail.
(c)
Members of the board of directors of an authority formed pursuant to this Code section may agree that additional counties, if a county regional jail authority, or additional municipalities, if a municipal regional jail authority, may become members of such authority subsequent to its formation upon an affirmative vote of two-thirds of the members of such board of directors under such terms as may be imposed by such two-thirds of the members of such board of directors.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 4 - JAILS (§§ 42-4-1 — 42-4-105) › Article 5 - REGIONAL JAIL AUTHORITIES (§§ 42-4-90 — 42-4-105) › Section 42-4-95 - Management committee of county regional jail authority; management and operation of municipal regional jail authority

(a)
The jail of a county regional jail authority shall be managed and operated by a regional jail authority management committee composed of all of the sheriffs from the participant counties. The county regional jail authority management committee shall have all of the responsibilities provided in Code Section
15-16-24
and this chapter, including the employment and supervision of all personnel employed to operate the jail. The sheriffs shall elect one of their members as chairperson and another as vice chairperson and shall also elect a secretary who may or may not be a member of the committee. The committee shall receive no compensation for their services but shall be reimbursed for actual expenses incurred in the performance of their duties. The committee may delegate to one or more of the officers, agents, and employees of the committee such powers and duties as may be deemed necessary and proper.
(b)
In the event that the county regional jail authority consists of an even number of counties, the sheriffs shall then elect one member, who may or may not be a member of the authority's board of directors, to serve on the management committee.
(c)
The board of directors of a municipal regional jail authority shall hire or contract with a person, firm, corporation, or local government to manage and operate the regional jail. Such person, firm, corporation, or local government shall have all of the responsibilities provided in this chapter for municipal jails and jailers, including the employment and supervision of all personnel employed to operate the jail.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 4 - JAILS (§§ 42-4-1 — 42-4-105) › Article 5 - REGIONAL JAIL AUTHORITIES (§§ 42-4-90 — 42-4-105) › Section 42-4-96 - Quorums; voting requirements

(a)
A majority of the board of directors shall constitute a quorum for the transaction of business of the authority. However, any action with respect to any project of the authority must be approved by the affirmative vote of not less than a majority of the directors.
(b)
A majority of the regional jail authority management committee shall constitute a quorum for the transaction of business of the management committee.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 4 - JAILS (§§ 42-4-1 — 42-4-105) › Article 5 - REGIONAL JAIL AUTHORITIES (§§ 42-4-90 — 42-4-105) › Section 42-4-98 - Duties and responsibilities of sheriffs and governing bodies imposed upon management committee and authority

(a)
Every duty and responsibility of the sheriff of a participant county to operate a jail in an efficient and orderly manner is imposed upon the management committee and to that extent the sheriff of a participant county is relieved of those duties with respect to the operation of a jail including specifically, but without limitation, Code Section
15-16-24
and this chapter.
(b)
Every duty and responsibility of the governing body of a participant county to erect, repair, and furnish a jail in an efficient and orderly manner is imposed on the authority as provided in the agreement between the participating government and the authority and to that extent the county is relieved, including specifically but without limitation, of those duties imposed by Code Sections
36-9-5
through
36-9-11
, with respect to jails. The authority shall adopt a budget for the operation of the jail that reasonably and adequately provides for the personnel, training of personnel, equipment, facilities, and other items necessary for the management committee to operate the jail. The authority shall hold budget hearings not less than 120 days prior to the adoption of the budget.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 4 - JAILS (§§ 42-4-1 — 42-4-105) › Article 5 - REGIONAL JAIL AUTHORITIES (§§ 42-4-90 — 42-4-105) › Section 42-4-99 - Limitation on liability of members, officers, or employees

Except for willful or wanton misconduct, neither the members of the authority nor any officer or employee of the authority, acting on behalf thereof and while acting within the scope of his or her responsibilities, shall be subject to any liability resulting from:
(1)
The design, construction, ownership, maintenance, operation, or management of a jail or jails; or
(2)
The carrying out of any of the discretionary powers or duties expressly provided for in this article.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 4 - JAILS (§§ 42-4-1 — 42-4-105) › Article 5 - REGIONAL JAIL AUTHORITIES (§§ 42-4-90 — 42-4-105) › Section 42-4-101 - Bonds or other obligations not indebtedness of state or political subdivision; payment

No bonds or other obligations of and no indebtedness incurred by any authority shall constitute an indebtedness or obligation of the State of Georgia or of any county, municipal corporation, or political subdivision thereof, nor shall any act of any authority in any manner constitute or result in the creation of an indebtedness of this state or of any such county, municipal corporation, or political subdivision. However, provisions of this Code section shall not preclude counties, municipal corporations, or other political subdivisions from choosing to guarantee the bonds, indebtedness, or other obligations of a jail authority as part of its demonstration of adequate financial responsibility pursuant to this article. All such bonds and obligations shall be payable solely from the revenues therein pledged to such payment, including pledged rentals, sales proceeds, insurance proceeds, and condemnation awards; and no holder or holders of any such bond or obligation shall ever have the right to compel any exercise of the taxing power of this state or of any county, municipal corporation, or political subdivision thereof or to enforce the payment thereof against any property of the state or of any such county, municipal corporation, or political subdivision.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 4 - JAILS (§§ 42-4-1 — 42-4-105) › Article 5 - REGIONAL JAIL AUTHORITIES (§§ 42-4-90 — 42-4-105) › Section 42-4-102 - Construction of article; bonds not subject to regulation under Georgia Uniform Securities Act; power of counties and municipalities to activate authorities

(a)
This article shall be liberally construed to effect the purposes hereof. Sale or issuance of bonds by any authority shall not be subject to regulation under Chapter 5 of Title 10, the "Georgia Uniform Securities Act of 2008," or any other law.
(b)
A county or any number of counties or a municipality or any number of municipalities shall have the right to activate any authority under this article, notwithstanding the existence of any other authority having similar powers or purposes within the county or a municipal corporation created pursuant to any general law or amendment to the Constitution of this state. However, nothing in this article shall be construed as repealing, amending, superseding, or altering the organization of or abridging the powers of such authorities as are now in existence.
Amended by 2008 Ga. Laws 528,§ 10, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 4 - JAILS (§§ 42-4-1 — 42-4-105) › Article 5 - REGIONAL JAIL AUTHORITIES (§§ 42-4-90 — 42-4-105) › Section 42-4-103 - Operation and finance agreement required; withdrawal from authority

(a)
Failure of a participant county or participant municipality to execute an operation and finance agreement duly adopted by the authority at a regularly scheduled meeting or a meeting called for that purpose within 60 days after such agreement has been executed by two or more participant counties or participant municipalities shall constitute a withdrawal from the authority.
(b)
Any participant county or participant municipality may withdraw from the authority subject to any contract, obligation, or agreement with the authority, but no participant county or participant municipality shall be permitted to withdraw from any authority after any obligation has been incurred by the authority. The governing body of the participant county or participant municipality wishing to withdraw from an existing authority shall signify its desire by resolution or ordinance.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 4 - JAILS (§§ 42-4-1 — 42-4-105) › Article 5 - REGIONAL JAIL AUTHORITIES (§§ 42-4-90 — 42-4-105) › Section 42-4-104 - Authority of county or municipality to establish and maintain jail or jail-holding facility

Notwithstanding anything contained in this article, no participant county or participant municipality shall be prohibited from establishing and maintaining any jail or jail-holding facility. Notwithstanding any other provision in this chapter, such jails shall be operated as provided in the laws of this state as if the county or municipality was not a participant in the regional jail authority.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 4 - JAILS (§§ 42-4-1 — 42-4-105) › Article 5 - REGIONAL JAIL AUTHORITIES (§§ 42-4-90 — 42-4-105) › Section 42-4-105 - Immunity of authorities from liability

Regional jail authorities shall be carrying out an essential governmental function on behalf of participant counties or participant municipalities and are, therefore, given immunity from liability for carrying out their intended functions.
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 1 - GENERAL PROVISIONS (§§ 42-5-1 — 42-5-21) › Section 42-5-1 - Definitions

As used in this chapter, the term:
(1)
"Board" means the Board of Corrections.
(2)
"Commissioner" means the commissioner of corrections.
(3)
"Department" means the Department of Corrections.
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 1 - GENERAL PROVISIONS (§§ 42-5-1 — 42-5-21) › Section 42-5-3 - Department's responsibility for trial costs and expenses

The whole costs of the case and expenses of the trial involving an inmate of the state penal system charged with the violation of any criminal statute shall be borne by the department, provided the offense was committed by the inmate within the confines of a state correctional institution or was the crime of escape or attempted escape. The costs and expenses of the trial shall include, but shall not be limited to, the cost of the sheriff, bailiff, clerks, jurors, and jail fees and shall be paid by the department to the governing authority of the county in which the trial was conducted, for proper disposition.
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 1 - GENERAL PROVISIONS (§§ 42-5-1 — 42-5-21) › Section 42-5-4 - Payment of trial costs and expenses

The clerk of the superior court from the county in which the trial specified in Code Section
42-5-3
was conducted shall submit a statement of the charges, certified by the judge of the superior court or the judge of the city court, to the department, which shall pay the charges out of the appropriations provided therefor in accordance with schedules authorized 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 1 - GENERAL PROVISIONS (§§ 42-5-1 — 42-5-21) › Section 42-5-5 - Reimbursement of court costs and transportation and detention expenses incurred in trying escapees from state correctional institutions

The department is authorized and directed to reimburse the clerk of the court for court costs incurred in trying a defendant for the crime of escape when the escape is from a state correctional institution and to reimburse the sheriff of the county wherein the trial takes place for the expense of transporting the defendant from the place of detention to court for trial and returning the defendant from the court to the place of detention, such reimbursement to be at the rate of 10¢ per mile.
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 1 - GENERAL PROVISIONS (§§ 42-5-1 — 42-5-21) › Section 42-5-6 - Participation by county correctional institutions in state purchasing contracts

County correctional institutions may participate in all state purchasing contracts for the purpose of providing materials and supplies to state or county inmates.
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 1 - GENERAL PROVISIONS (§§ 42-5-1 — 42-5-21) › Section 42-5-7 - Sudden or unusual death of inmate

Whenever any inmate dies suddenly or under unusual circumstances in any correctional institution, the warden or superintendent of that institution shall immediately notify the commissioner and shall also notify the coroner of the county in which the death occurs. The warden or superintendent is also directed to furnish the department with a copy of the findings of the coroner's inquest, together with any other information available that would be of use to the commissioner in determining the cause of death.
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 1 - GENERAL PROVISIONS (§§ 42-5-1 — 42-5-21) › Section 42-5-8 - Notification upon escape of inmate

In addition to any all-points bulletin issued by the department notifying all local law enforcement agencies within the state of the escape of any inmate from the custody of the department, the department shall also, within 72 hours of the discovery of the escape, notify all parties who in the judgment of the commissioner have a legitimate need to know that the inmate has escaped and who have requested in writing that the department notify the party prior to the inmate's release from custody.
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 1 - GENERAL PROVISIONS (§§ 42-5-1 — 42-5-21) › Section 42-5-9 - Notification of projected release date of inmate

At least 15 days prior to the projected release date of any inmate scheduled to be released pursuant to the authority of the department, the department shall notify the following persons of such projected release date by the following methods:
(1)
Each district attorney and all local law enforcement agencies throughout the state by making the necessary information available on a publicly accessible website; and
(2)
The presiding judge and the victims of crimes against the person by mail or electronic transmission. Notice to the victim shall only be required when the victim has provided the department with his or her current address. The notice to the victim or victims as required by the department in this Code section shall be reasonable notice and no liability or sanctions to the department related to notification or failure to notify shall lie against the department, its officers, or employees if said attempt at notice is of a reasonable effort.
Amended by 2005 Ga. Laws 19,§ 42, eff. 4/7/2005.
Amended by 2001 Ga. Laws 2, § 42, eff. 2/12/2001.
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 1 - GENERAL PROVISIONS (§§ 42-5-1 — 42-5-21) › Section 42-5-10 - Promulgation of rules governing plans and specifications for new correctional institutions; certification of acceptability of old facilities by state fire marshal

The board shall prescribe by rule and regulation the required plans and specifications defining the size and type of construction and materials to be employed in constructing all state and county correctional institutions. The specifications shall require that the buildings be as nearly free from fire hazards and as nearly escape-proof as is possible under all circumstances. A certificate of approval from the state fire marshal shall be conclusive as to the acceptability of all old state or county correctional institutions from a standpoint of fire hazard. No county shall establish a county correctional institution until its establishment and the plans and specifications thereof have been approved by the board.
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 1 - GENERAL PROVISIONS (§§ 42-5-1 — 42-5-21) › Section 42-5-11 - General prohibition against receipt of remuneration in regard to assignment, transfer, or status of inmate

(a)
It shall be unlawful for anyone other than a duly licensed attorney who is an active member in good standing of the State Bar of Georgia and who is not a member of the General Assembly to accept a fee, money, or other remuneration, other than actual expenses, for contacting, in any manner, the commissioner, any employee of the department, or any member of the board in an attempt to influence the commissioner, employee, or board member concerning a transfer of an inmate from one correctional institution to another or concerning the status and assignment of an inmate within a correctional institution.
(b)
Any person who receives any fee, money, or other remuneration other than actual expenses, in violation of subsection (a) of this Code section, shall be guilty of a misdemeanor.
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 1 - GENERAL PROVISIONS (§§ 42-5-1 — 42-5-21) › Section 42-5-12 - Receipt of remuneration by state officials in regard to assignment, transfer, or status of inmate

(a)
It shall be unlawful for members of the General Assembly or any other state elected or appointed official to accept a fee, money, or other remuneration for contacting, in any manner, the commissioner, any employee of the department, or any member of the board in an attempt to influence the commissioner, employee, or board member concerning a transfer of an inmate from one correctional institution to another or concerning the status and assignment of an inmate within a correctional institution.
(b)
Nothing in this Code section shall be construed so as to prohibit:
(1)
Members of the General Assembly or other state elected or appointed officials from appearing before or contacting the commissioner, employees of the department, or members of the board when their official duties require them to do so;
(2)
Members of the General Assembly or other state elected or appointed officials from requesting information from and presenting information to the commissioner, employees of the department, or members of the board on behalf of constituents when no compensation, gift, favor, or anything of value is accepted, either directly or indirectly, for such services; or
(3)
Members of the General Assembly or other state elected or appointed officials from contacting the commissioner, any employee of the department, or any member of the board on behalf of any person so long as there is no fee, money, or other remuneration being paid or received for such contacting.
(c)
Nothing in this Code section shall be construed to apply to the acceptance of compensation, expenses, and allowances received by members of the General Assembly or any other state elected or appointed official for his duties as a member or official.
(d)
Nothing contained in this Code section shall preclude any attorney from contacting a client who may be in a correctional institution or from making any reasonable contact with employees of the department to the extent that the contact with employees may be necessary to contact his client.
(e)
Any person violating this Code section shall be guilty of a misdemeanor.
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 1 - GENERAL PROVISIONS (§§ 42-5-1 — 42-5-21) › Section 42-5-13 - Record of person contacting commissioner, department, or board on behalf of inmate

The department shall maintain a complete written record of every person contacting the commissioner, any employee of the department, or any member of the board concerning a transfer of an inmate from one correctional institution to another or concerning the status and assignment of an inmate within a correctional institution. The record shall include the name and address of the person contacting the commissioner, employee, or board member and the reason for the contact.
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 1 - GENERAL PROVISIONS (§§ 42-5-1 — 42-5-21) › Section 42-5-14 - Establishment of guard lines and signs at state or county correctional institutions

Guard lines shall be established by the warden, superintendent, or his designated representative in charge at the various state or county correctional institutions in the same manner that land lines are established, except that, at each corner of the lines, signs must be used on which shall be plainly stamped or written: "Guard line of __________________." Signs shall also be placed at all entrances and exits for vehicles and pedestrians at the institutions and at such intervals along the guard lines as will reasonably place all persons approaching the guard lines on notice of the location of the institutions.
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 1 - GENERAL PROVISIONS (§§ 42-5-1 — 42-5-21) › Section 42-5-15 - Crossing of guard lines with weapons, intoxicants, or drugs without consent of warden or superintendent

(a)
It shall be unlawful for any person to come inside the guard lines established at any state or county correctional institution with a gun, pistol, or any other weapon or with or under the influence of any intoxicating liquor, amphetamines, biphetamines, or any other hallucinogenic or other drugs, without the knowledge or consent of the warden, superintendent, or his or her designated representative.
(b)
Any person who violates this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than four years.
Amended by 2017 Ga. Laws 243,§ 3-2, eff. 7/1/2017.
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 1 - GENERAL PROVISIONS (§§ 42-5-1 — 42-5-21) › Section 42-5-16 - Trading with inmates without consent of warden or superintendent

It shall be unlawful for any person to trade or traffic with, buy from, or sell any article to an inmate without the knowledge and consent of the warden, superintendent, or the designated representative in charge.
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 1 - GENERAL PROVISIONS (§§ 42-5-1 — 42-5-21) › Section 42-5-17 - Loitering near inmates after being ordered to desist

It shall be unlawful for any person to loaf, linger, or stand around where inmates are employed or kept after having been ordered by the warden, superintendent, or designated representative in charge of the inmates to desist therefrom.
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 1 - GENERAL PROVISIONS (§§ 42-5-1 — 42-5-21) › Section 42-5-19 - Penalty for violating Code Section 42-5-16 or 42-5-17

Any person who violates Code Section
42-5-16
or
42-5-17
shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one nor more than five years.
Amended by 2008 Ga. Laws 551,§ 2, 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 1 - GENERAL PROVISIONS (§§ 42-5-1 — 42-5-21) › Section 42-5-20 - Alcohol or Drug Use Risk Reduction Program

The department shall provide within the correctional system an Alcohol or Drug Use Risk Reduction Program. The program shall be made available to every person sentenced to the custody of the state whose criminal offense or history indicates alcohol or drug involvement; provided, however, that the provisions of this Code section shall not apply to a person who has been sentenced to the punishment of death or those deemed mentally incompetent.
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 1 - GENERAL PROVISIONS (§§ 42-5-1 — 42-5-21) › Section 42-5-21 - Family Violence Counseling Program

The department shall provide within the correctional system a Family Violence Counseling Program. The program shall be made available to every person sentenced to the custody of the state who committed an offense which has been identified to involve family violence as such term is defined in Code Section
19-13-1
; provided, however, that the provisions of this Code section shall not apply to a person who has been sentenced to the punishment of death or to those deemed mentally incompetent.
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 2 - WARDENS, SUPERINTENDENTS, AND OTHER PERSONNEL (§§ 42-5-30 — 42-5-41) › Section 42-5-30 - Qualifications for wardens, superintendents, and other personnel; appointment of wardens of county correctional institutions

The board shall by rule and regulation define the qualifications for wardens, superintendents, and other personnel employed in the state and county correctional institutions. The board shall by rule and regulation specify appropriate titles of personnel so employed, but no such personnel shall be known as or designated by the board as "guards" or "prison guards." The wardens and deputy wardens of the various county correctional institutions shall be appointed by the governing authority of the county, subject to approval of the board, and shall serve at the pleasure of the county or the board.
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 2 - WARDENS, SUPERINTENDENTS, AND OTHER PERSONNEL (§§ 42-5-30 — 42-5-41) › Section 42-5-31 - Oath of office of wardens and superintendents, their deputies, and other correctional officers

Before entering upon the duties of their office, wardens and superintendents, their deputies, and other correctional officers or employees shall take and subscribe, before some officer authorized to administer oaths, the following oath:
"I do solemnly swear (or affirm) that I will support and defend the Constitutions of the United States of America and the State of Georgia and that I will faithfully perform and discharge the duties of my office conscientiously and without malice or partiality, to the best of my ability. So help me God."
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 2 - WARDENS, SUPERINTENDENTS, AND OTHER PERSONNEL (§§ 42-5-30 — 42-5-41) › Section 42-5-32 - Bonds of superintendents, wardens, and other officials and employees

(a)
Before any state or county correctional institution or other facility operating under the jurisdiction of the board shall be approved to receive inmates, the board shall require the warden, superintendent, or other chief custodial officer of the institution to execute a bond, in an amount as the board may require, with good securities to be approved by it, such bond to be not less than $10,000.00, payable to the Governor and his successors in office and conditioned upon the following:
(1)
To account faithfully for all public and other funds or property coming into the principal's custody, control, care, or possession; and
(2)
To discharge truly and faithfully all the duties imposed upon him by law or by the rules and regulations of the board.
(b)
The board may also require that any other officials, employees, or agents of the department or of the various penal institutions referred to in subsection (a) of this Code section shall give bond as referred to in subsection (a) of this Code section, in an amount to be determined by the board, but in no case to be less than $5,000.00.
(c)
All bonds given under this Code section shall be liable for any breach of the conditions specified in paragraphs (1) and (2) of subsection (a) of this Code section by a deputy, agent, or subordinate of the principal, whether expressed therein or not; and all such bonds shall be subject to and governed by all the provisions of Chapter 4 of Title 45 which are not in conflict with this Code section. The costs of bonds obtained for wardens and other officials or employees of the county correctional institutions shall be paid for by the county. The costs of bonds obtained for superintendents and other officials or employees of the state correctional institutions and of the department shall be paid for by the state.
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 2 - WARDENS, SUPERINTENDENTS, AND OTHER PERSONNEL (§§ 42-5-30 — 42-5-41) › Section 42-5-33 - Submission of monthly reports to commissioner by wardens and superintendents

The wardens or superintendents of all state or county correctional institutions shall send monthly reports to the commissioner showing the names of all inmates held in custody.
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 2 - WARDENS, SUPERINTENDENTS, AND OTHER PERSONNEL (§§ 42-5-30 — 42-5-41) › Section 42-5-34 - Powers of arrest of wardens, superintendents, and deputies

Wardens and superintendents shall have authority to deputize any person in their employ. Wardens, superintendents, and their deputies are legally constituted arresting officers, with or without warrants, for the purpose of arresting persons violating Code Sections
42-5-14
through
42-5-18
. Any person resisting arrest shall be dealt with as the law directs for resisting an officer.
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 2 - WARDENS, SUPERINTENDENTS, AND OTHER PERSONNEL (§§ 42-5-30 — 42-5-41) › Section 42-5-35 - Conferral of police powers; authorization to assist local law enforcement officers or correctional officers; retention of badge

(a)
The commissioner may confer all powers of a police officer of this state, including, but not limited to, the power to make summary arrests for violations of any of the criminal laws of this state and the power to carry weapons, upon wardens of county correctional institutions and upon persons in the commissioner's employment as the commissioner deems necessary, provided that individuals so designated meet the requirements specified in all applicable laws.
(b)
The commissioner or his designee may authorize certain persons in his employment to assist law enforcement officers or correctional officers of local governments in preserving order and peace when so requested by such local authorities.
(c)
Correctional employees leaving the service of the department under honorable conditions who have accumulated 25 or more years of service with the department as a certified peace officer or who are killed in the line of duty shall be entitled as part of such employee's compensation to retain his or her department issued badge or have such badge given to his or her surviving family member. If a correctional employee serving in a certified position leaves the service of the department due to a disability that arose in the line of duty and the disability prevents the employee from working as a law enforcement officer, then the employee shall be entitled as part of such employee's compensation to retain his or her department issued badge regardless of his or her number of years of service with the department. The board is authorized to promulgate rules and regulations for the implementation of this subsection.
Amended by 2007 Ga. Laws 148,§ 1, eff. 7/1/2007.
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 2 - WARDENS, SUPERINTENDENTS, AND OTHER PERSONNEL (§§ 42-5-30 — 42-5-41) › Section 42-5-37 - Employees in control of inmates prohibited from receiving profit from inmate labor; penalties

(a)
No warden, superintendent, deputy, inspector, physician, or any officer or other employee who has charge, control, or direction of inmates shall be interested in any manner whatever in the work or profit of the labor of any inmate; nor shall any such personnel receive any pay, gift, gratuity, or favor of a valuable character from any person interested, either directly or indirectly, in such labor.
(b)
Any person violating subsection (a) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for a term of not less than two years and not more than five years. The offense may be reduced to a misdemeanor by recommendation of the jury trying the case, if the court concurs in the jury's recommendation. In addition, a person who violates subsection (a) of this Code section shall be summarily discharged from the service of the state by the department.
(c)
This Code section shall not prohibit a part-time professional employee from the regular practice of his profession.
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 2 - WARDENS, SUPERINTENDENTS, AND OTHER PERSONNEL (§§ 42-5-30 — 42-5-41) › Section 42-5-37.1 - Compensation of employees of institutions operated by department for damages to wearing apparel caused by inmate action

(a)
As used in this Code section, the term "wearing apparel" means eyeglasses, hearing aids, clothing, and similar items worn on the person of the employee.
(b)
When action by an inmate in one of the penal institutions operated by the department results in damage to an item of wearing apparel of an employee of the institution, the department shall compensate the employee for the loss in the amount of the repair cost, the replacement value, or the cost of the item of wearing apparel, whichever is less.
(c)
Such losses shall be compensated only in accordance with procedures to be established by the department.
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 2 - WARDENS, SUPERINTENDENTS, AND OTHER PERSONNEL (§§ 42-5-30 — 42-5-41) › Section 42-5-38 - Making false statement as to age to procure employment

Any person who makes a false statement as to his age in order to procure employment as a correctional officer, warden, superintendent, or other employee shall be guilty of a misdemeanor.
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 2 - WARDENS, SUPERINTENDENTS, AND OTHER PERSONNEL (§§ 42-5-30 — 42-5-41) › Section 42-5-39 - Refusal by officer to receive inmates in correctional institution

If the superintendent or warden of a state or county correctional institution or other officer or person employed therein whose duty it is to receive inmates fails or refuses to do so, he shall be punished by confinement not exceeding ten years and shall be dismissed from office.
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 2 - WARDENS, SUPERINTENDENTS, AND OTHER PERSONNEL (§§ 42-5-30 — 42-5-41) › Section 42-5-40 - Requiring inmates to do unnecessary work on Sunday

Any superintendent, warden, or other correctional official who causes any inmate to do any work on Sunday, except works of necessity, shall be guilty of a misdemeanor.
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 2 - WARDENS, SUPERINTENDENTS, AND OTHER PERSONNEL (§§ 42-5-30 — 42-5-41) › Section 42-5-41 - [Repealed] Compensation of department employee injured by inmate or probationer

Repealed by Ga. L. 1986, p. 1491, § 2, effective July 1, 1986.
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 42-5-51.1 - Retention of inmate in state penal institution pending trial on offense committed while in confinement

(a)
When an inmate of the state penal system is charged with a misdemeanor or felony alleged to have been committed by such inmate within the confines of a state correctional institution and has been denied bond relating to such charge, the sheriff of the county in which such charge is pending may request that such inmate remain in the custody of the department after the sentence for which the department has jurisdiction over the inmate has been served and until adjudication of such charge. The commissioner, in consultation with the warden or superintendent of the institution where such inmate is housed, shall make a determination regarding the retention of custody and shall notify such sheriff of his or her determination within 36 hours of such request. In making such a determination, the commissioner shall consider the space available in the institution, the potential safety benefits of retaining such inmate, and any other factors he or she deems relevant for making such determination.
(b)
No request pursuant to subsection (a) of this Code section shall be considered by the commissioner unless the inmate is housed in an institution located in the county in which the offense is alleged to have occurred.
(c)
No inmate who remains in a state correctional institution pursuant to a request granted under subsection (a) of this Code section shall be transferred to a correctional institution located outside the county which made such request unless the commissioner determines such transfer is necessary for the inmate's physical or mental health.
Added by 2020 Ga. Laws 511,§ 1, eff. 1/1/2021.
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 42-5-52.1 - Submission to HIV test; separate housing for HIV infected persons

(a)
Any term used in this Code section and defined in Code Section
31-22-9.1
shall have the meaning provided for that term in Code Section
31-22-9.1
.
(b)
Where any person is committed to the custody of the commissioner to serve time in any penal institution of this state on and after July 1, 1988, the department shall require that person to submit to an HIV test within 30 days after the person is so committed unless that person is in such custody because of having committed an AIDS transmitting crime and has already submitted to an HIV test pursuant to Code Section
17-10-15
.
(c)
No later than December 31, 1991, the department shall require to submit to an HIV test each person who has been committed to the custody of the commissioner to serve time in a penal institution of this state and who remains in such custody, or who would be in such custody but for having been transferred to the custody of the Department of Human Resources (now known as the Department of Behavioral Health and Developmental Disabilities) under Code Section
42-5-52
, if that person has not submitted to an HIV test following that person's most recent commitment to the custody of the commissioner and unless that person is in such custody because of having committed an AIDS transmitting crime and has already submitted to an HIV test pursuant to Code Section
17-10-15
.
(d)
Upon failure of an inmate to cooperate in HIV test procedures under this Code section, the commissioner may apply to the superior court for an order authorizing the use of such measures as are reasonably necessary to require submission to the HIV test. Nothing in this Code section shall be construed to limit the authority of the department to require inmates to submit to an HIV test.
(e)
Any person determined by the department to be an HIV infected person, whether or not by the test required by this Code section, should be housed separately at existing institutions from any other persons not infected with HIV if:
(1)
That person is reasonably believed to be sexually active while incarcerated;
(2)
That person is reasonably believed to be sexually predatory either during or prior to incarceration; or
(3)
The commissioner determines that other conditions or circumstances exist indicating that separate confinement would be in the best interest of the department and the inmate population,
but neither the department nor any officials, employees, or agents thereof shall be civilly or criminally liable for failing or refusing to house HIV infected persons separately from any other persons who are not HIV infected persons.
Amended by 2009 Ga. Laws 102,§ 3-24, eff. 7/1/2009.
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 42-5-52.2 - Testing of prison inmates for HIV; consolidation of inmates testing positive

(a)
For purposes of this Code section, "HIV" means HIV as defined by Code Section
31-22-9.1
.
(b)
The department shall implement an HIV testing program whereby any state inmate who has been in the custody of a state penal institution for one year or longer and who has not previously tested positive for HIV shall be tested for HIV within 30 days prior to his or her expected date of release from the custody of the department.
(c)
Each person tested as provided in subsection (b) of this Code section shall be notified by the department in writing of the results of such testing prior to his or her release. Prior to the release of any person testing positive for HIV, the appropriate information as required by Code Sections
24-12-21
and
31-22-9.2
or other law shall be provided by the department to the Department of Public Health. Prior to the release of any person testing positive for HIV, the department shall also provide to such person in writing contact information regarding medical, educational, and counseling services available through the Department of Public Health. Any person testing positive for HIV shall be provided instruction relating to living with HIV, the prevention of the spread of such virus, and the legal consequences of infecting unknowing partners.
(d)
The department shall seek state and federal grants or other possible sources of revenue for the purpose of funding a program of HIV testing authorized by this Code section. In addition, the department is authorized to accept gifts, subject to the approval of the board, for the purpose of funding such program.
(e)
The department shall consolidate inmates who have tested positive for HIV in a manner that most efficiently provides education, counseling, and treatment for such persons.
(f)
The provisions of this Code section shall not be construed to limit the provision for HIV testing in Code Section
42-9-42.1
.
Amended by 2011 Ga. Laws 52,§; 61, eff. 1/1/2013.
Amended by 2011 Ga. Laws 244,§; 6-3, eff. 7/1/2011.
Added by 2009 Ga. Laws 104,§; 1, eff. 7/1/2009.