reglab/statecodes huggingface dataset:
Compilation of Rules and Regulations of the State of Georgia › Department 125 - BOARD OF CORRECTIONS › Chapter 125-2 - DEPARTMENTAL OPERATIONS › Subject 125-2-1 - PERSONNEL › Rule 125-2-1-.13 - Employee Benefit Funds

Current through Rules and Regulations filed through June 27, 2024
Each prison, center, office, or unit operating under the jurisdiction of the Board of Corrections may establish and maintain an employee benefit fund. All employee benefit funds shall be established and maintained in accordance with standard operating procedures to be developed by the Commissioner and subject to annual audits by the Department's Fiscal Audit Section. All expenditures from an employee benefit fund must be used to purchase goods or services for the benefit of the employees of the prison, center, office, or unit that maintains the employee benefit fund from which expenditures are to be made.
Ga. Constitution 1982, Art. XI, Sec. 1, O.C.G.A. Secs. 42-2-11, 42-5-55.
Compilation of Rules and Regulations of the State of Georgia › Department 125 - BOARD OF CORRECTIONS › Chapter 125-2 - DEPARTMENTAL OPERATIONS › Subject 125-2-2 - BUILDING AND HOUSING STANDARDS › Rule 125-2-2-.01 - Facilities

Current through Rules and Regulations filed through June 27, 2024
All buildings which house offenders at facilities under the jurisdiction of the Board of Corrections shall meet the following criteria:
(a) The physical aspects of each building shall conform to the security requirements dictated by the classification of offenders to be housed therein.
(b) Buildings shall meet or exceed the minimum fire safety standards as established by the State Fire Marshall's office.
Ga. Constitution 1983, Art. XI, Sec. I, Par. (b); O.C.G.A. Secs. 30-3-1, 30-3-19, 42-2-11, 42-5-53, 42-10-2.
Compilation of Rules and Regulations of the State of Georgia › Department 125 - BOARD OF CORRECTIONS › Chapter 125-2 - DEPARTMENTAL OPERATIONS › Subject 125-2-2 - BUILDING AND HOUSING STANDARDS › Rule 125-2-2-.02 - New Construction or Alterations

Current through Rules and Regulations filed through June 27, 2024
The approval of the Commissioner of the Department of Corrections or his authorized representative shall be required prior to the initiation of any new construction or significant modification of existing facilities at any institution under Board jurisdiction.
Ga. Constitution 1983, Art. XI, Sec. I, Par. (b); O.C.G.A. Secs. 42-2-11, 42-3-3, 42-5-53, 42-10-2.
Compilation of Rules and Regulations of the State of Georgia › Department 125 - BOARD OF CORRECTIONS › Chapter 125-2 - DEPARTMENTAL OPERATIONS › Subject 125-2-2 - BUILDING AND HOUSING STANDARDS › Rule 125-2-2-.03 - Maintenance

Current through Rules and Regulations filed through June 27, 2024
Facility Administrators shall maintain buildings, facilities, and installed equipment in a manner which will assure continued effective use of those assets for the purposes for which they were created. Facility Administrators shall, to the extent achievable within available resources, comply with statewide policies and procedures as established by the Director of Central Plant Operations and Maintenance.
Ga. Constitution 1983, Art. XI, Sec. I, Par. (b); O.C.G.A. Secs. 42-2-11, 42-3-3, 42-5-51, 42-5-53, 42-5-59, 42-10-2.
Compilation of Rules and Regulations of the State of Georgia › Department 125 - BOARD OF CORRECTIONS › Chapter 125-2 - DEPARTMENTAL OPERATIONS › Subject 125-2-2 - BUILDING AND HOUSING STANDARDS › Rule 125-2-2-.04 - Name Designation of State Prison/Center or Part Thereof

Current through Rules and Regulations filed through June 27, 2024
1. Requests to name or rename a state prison/center, or any portion thereof, in honor of an individual, will be considered on a case by case basis. Requests for this honor shall meet the criteria for the type of facility as outlined:
a. For State Prisons:
(1) He/She shall have made a significant contribution to the public good, or provided outstanding public service in the field of corrections or criminal justice within the State of Georgia.
(2) He/She shall be deceased.
Compilation of Rules and Regulations of the State of Georgia › Department 125 - BOARD OF CORRECTIONS › Chapter 125-2 - DEPARTMENTAL OPERATIONS › Subject 125-2-3 - SANITATION › Rule 125-2-3-.01 - Responsibility

Current through Rules and Regulations filed through June 27, 2024
The Warden/Superintendent, with the assistance and guidance of the institutional physician and other necessary aides, shall be responsible for the direction, coordination, and supervision of all activities associated with the maintenance of high standards of sanitation at his (her) institution. Frequent inspections and prompt corrective actions to reduce or eliminate deficiencies noted are required. Each institution is required to comply with all state and local sanitary codes and regulations as published by the Department of Public Health or the applicable County Board of Health, as appropriate.
Ga. Constitution 1983, Art. XI, Sec. I, O.C.G.A. Secs. 12-5-92, 12-5-170, 12-8-20, 31-2-1, 42-2-2, 42-2-11, 42-5-53, 42-10-2, 49-2-2, 49-4-143.
Compilation of Rules and Regulations of the State of Georgia › Department 125 - BOARD OF CORRECTIONS › Chapter 125-2 - DEPARTMENTAL OPERATIONS › Subject 125-2-3 - SANITATION › Rule 125-2-3-.02 - Water Supply

Current through Rules and Regulations filed through June 27, 2024
Institutions shall meet or exceed the water purity requirements dictated by law and regulation. An adequate water supply which will fulfill current and near-term forecast requirements (including consumption, laundry as applicable, bathing, firefighting, etc.) is required.
Ga. Constitution 1983, Art. XI, Sec. I, O.C.G.A. Secs. 12-5-92, 31-2-1, 42-2-11, 42-5-53, 42-10-2.
Compilation of Rules and Regulations of the State of Georgia › Department 125 - BOARD OF CORRECTIONS › Chapter 125-2 - DEPARTMENTAL OPERATIONS › Subject 125-2-3 - SANITATION › Rule 125-2-3-.03 - Sewage and Sewage Treatment

Current through Rules and Regulations filed through June 27, 2024
Facilities for the collection and disposal of sewage wastes at each institution are required to meet all applicable state and local codes and regulations. Adequate facilities to accommodate the inmate population in accordance with standards established by the Department of Health or County Board of Health shall be required.
Ga. Constitution 1983, Art. XI, Sec. I, O.C.G.A. Secs. 12-5-170, 12-8-20, 31-2-1, 41-2-2, 42-2-2, 42-2-11, 42-5-51, 42-5-53, 42-5-55, 42-5-60, 42-10-2.
Compilation of Rules and Regulations of the State of Georgia › Department 125 - BOARD OF CORRECTIONS › Chapter 125-2 - DEPARTMENTAL OPERATIONS › Subject 125-2-3 - SANITATION › Rule 125-2-3-.04 - Personal Hygiene

Current through Rules and Regulations filed through June 27, 2024
(1) Inmates shall be furnished the basic necessities to maintain a high standard of personal cleanliness. Necessities shall include, but not be limited to, soap, razor blades or other shaving devices, toothbrushes, toothpaste or powder, etc. Female inmates shall be provided additional hygiene items as required.
(2) Inmates who are assigned to daily work details are required to bathe daily.
(3) Inmates assigned to Food Service duties shall be required to bathe prior to reporting to their shift for such detail.
(4) Freshly laundered work uniforms shall be issued as necessary to maintain a high degree of personal cleanliness and a neat appearance. As a minimum, clean uniforms shall be issued once a week.
(5) Bedding shall be maintained in a sanitary condition by laundering linens/bedding and spraying mattresses/pillows with a disinfectant (Lysol or equivalent). Sheets and pillow cases shall be changed at least once a week. Pillows and mattresses shall be inspected and aired monthly if indicated for the specific composition, and soiled or damaged items shall be cleaned, disinfected and/or replaced as required. Blankets and mattress covers shall be laundered as necessary.
(6) Barber shops shall be maintained in accordance with standards established by the Department of Public Health or County Board of Health, as applicable. Each inmate shall have a conventional haircut. Hair shall not be longer than three (3) inches; shall not extend beyond a point which would reach the collar on an ordinary shirt; and shall not cover any part of the ears or eyebrows. Inmates may wear sideburns no longer than a point even with the bottom of the ear canal. Mustaches are permitted, but shall not extend beyond the edge of the mouth and must be kept neat and trimmed at all times. Goatees, beards, and similar facial adornments are prohibited, unless medically indicated.
(7) A foot locker and/or wall locker or other appropriate storage space shall be provided to each inmate. Each inmate shall be required to maintain his (her) personal effects and his (her) assigned area in a neat, orderly and sanitary condition at all times.
Ga. Constitution 1982, 1983, Art. XI, Sec. I, O.C.G.A. Secs. 42-2-11, 42-5-53, 42-5-55, 42-10-2.
Compilation of Rules and Regulations of the State of Georgia › Department 125 - BOARD OF CORRECTIONS › Chapter 125-2 - DEPARTMENTAL OPERATIONS › Subject 125-2-3 - SANITATION › Rule 125-2-3-.05 - Laundries

Current through Rules and Regulations filed through June 27, 2024
Each institution shall either maintain an operationally adequate institutional laundry facility, participate in such an operation jointly with another institution or provide commercial laundry service in order to assure an ample supply of laundered items for institutional needs. Particular attention shall be paid to assuring the provision of clean and sanitary items related to Food Service personnel and activities.
Ga. Constitution 1983, Art. XI, Sec. I, O.C.G.A. Secs. 42-2-11, 42-5-53, 42-10-2.
Compilation of Rules and Regulations of the State of Georgia › Department 125 - BOARD OF CORRECTIONS › Chapter 125-2 - DEPARTMENTAL OPERATIONS › Subject 125-2-3 - SANITATION › Rule 125-2-3-.06 - Garbage

Current through Rules and Regulations filed through June 27, 2024
Refuse shall be stored, handled and disposed of in such a manner as to be secure from animals, inaccessible to rats, cockroaches and flies, and so that liquids cannot leak from the covered containers. Garbage shall be disposed of daily in a timely and sanitary manner consistent with requirements established by the Department of Public Health or the County Board of Health, as applicable. Garbage containers shall be thoroughly cleaned after each disposal of such wastes.
Ga. Constitution 1983, Art. XI, Sec. I, O.C.G.A. Secs. 12-8-20, 42-2-11, 42-5-53, 42-10-2.
Compilation of Rules and Regulations of the State of Georgia › Department 125 - BOARD OF CORRECTIONS › Chapter 125-2 - DEPARTMENTAL OPERATIONS › Subject 125-2-3 - SANITATION › Rule 125-2-3-.07 - Insect and Rodent Control

Current through Rules and Regulations filed through June 27, 2024
Each institution shall establish and maintain a concerted effort to reduce and control insect and rodent infestation. Frequent inspection, particularly of Food Service areas, shall be required. Regular treatment of affected areas, using professional advice and/or assistance if required shall be undertaken.
Ga. Constitution 1983, Art. XI, Sec. I, O.C.G.A. Secs. 12-8-20, 42-2-11, 42-5-53, 42-10-2.
Compilation of Rules and Regulations of the State of Georgia › Department 125 - BOARD OF CORRECTIONS › Chapter 125-2 - DEPARTMENTAL OPERATIONS › Subject 125-2-4 - OFFENDER ADMINISTRATION › Rule 125-2-4-.01 - Responsibility

Current through Rules and Regulations filed through June 27, 2024
Except for misdemeanor offenders sentenced to confinement in-court facilities under the provisions of O.C.G.A. 17-10-3 or 17-10-4, offenders will be committed to the custody of the Commissioner of Corrections by the Court and shall be further assigned to an appropriate institution for confinement. The correctional institution to which a prisoner is assigned for confinement shall pick up and transport such prisoner, under guard, to the institution unless other arrangements have been made with a county institution. The institution having physical custody of an inmate shall be responsible for maintaining medical or hospital care.
(a) Offenders sentenced to a penal facility under O.C.G.A. 17-7-131(a) as guilty but mentally ill shall be further evaluated and then treated within the limits of state funds appropriated therefor.
1. Treatment may be provided by:
(i) The Department of Corrections; or,
(ii) The Department of Human Resources after transfer pursuant to procedures set forth in regulations of this Department and the Department of Human Resources.
Compilation of Rules and Regulations of the State of Georgia › Department 125 - BOARD OF CORRECTIONS › Chapter 125-2 - DEPARTMENTAL OPERATIONS › Subject 125-2-4 - OFFENDER ADMINISTRATION › Rule 125-2-4-.02 - Jurisdiction

Current through Rules and Regulations filed through June 27, 2024
When an offender has been convicted of a state misdemeanor or felony (except for misdemeanor offenders exempted under the provisions of O.C.G.A. 17-10-3 or 17-10-4), and a sentence of incarceration has been imposed on the offender to serve time in any penal institution in Georgia, the following procedures shall apply:
(a) The Clerk of the Court shall immediately notify the Commissioner, Department of Corrections, that the offender is to be committed to his custody.
(b) The Clerk of the Court shall promptly dispatch by mail a complete personal history of the offender prepared on the forms provided by the Commissioner, Department of Corrections. The following additional documents shall be included with the personal history:
1. a certified copy of the indictment, accusation or both;
2. a certified copy of the sentence;
3. affidavit of custodian reporting jail time and/or hospital confinement;
4. such other information as the Commissioner, Department of Corrections, may require, for example, immediate notification of an appeal.
Compilation of Rules and Regulations of the State of Georgia › Department 125 - BOARD OF CORRECTIONS › Chapter 125-2 - DEPARTMENTAL OPERATIONS › Subject 125-2-4 - OFFENDER ADMINISTRATION › Rule 125-2-4-.03 - Identification and Classification

Current through Rules and Regulations filed through June 27, 2024
(1) Identification. The Department of Corrections will furnish the institution to which an inmate is first assigned a copy of the personal history and pertinent court records concerning the inmate. Each inmate received into any institution direct from jail or who has not already been so processed, shall be fingerprinted and photographed by institutional authorities immediately following his arrival at the institution. Copies of the fingerprint record and photographs shall be distributed upon admission and upon release in accordance with current Department of Corrections instructions.
(2) Classification. The Warden/Superintendent shall appoint a classification committee which is to meet on a regularly scheduled basis. The Committee should consist of a Deputy Warden/Superintendent or senior counselor who shall act as Chairperson, at least one member of security staff, and at least one treatment staff member. The Classification Committee shall approve and/or modify all inmate performance plans and Performance Exception Reports, review security status as stipulated in Rule  125-3-1-.02  and make program assignments, work assignments, and re-assignments as appropriate. It shall also be the responsibility of the Classification Committee at each institution to develop and update the institutional privileges which may be awarded to inmates for excellent performance.
Ga. Constitution 1983, Art. XI, Sec. I, O.C.G.A. Secs. 42-2-11, 42-5-51, 42-5-55, 42-5-59, 42-10-2.
Compilation of Rules and Regulations of the State of Georgia › Department 125 - BOARD OF CORRECTIONS › Chapter 125-2 - DEPARTMENTAL OPERATIONS › Subject 125-2-4 - OFFENDER ADMINISTRATION › Rule 125-2-4-.04 - Computation of Sentence

Current through Rules and Regulations filed through June 27, 2024
(1) The State Board of Corrections shall formulate rules and regulations providing for uniform and consistent sentence computation in accordance with the laws of the State of Georgia. Based upon present law, the determining factor in sentence computation is the date the crime was committed. If this date is before January 1, 1984, the sentence computation must include credit as allowed under previous legislation. If the crime was committed on or after January 1, 1984, service of sentence will be on straight time. Beginning and ending dates of sentences will basically be as determined by the courts.
(2) For the purpose of sentence computation, the following definitions apply:
(a) Sentence Type:
1. Earned Time: Gives credit to those offenders who are entitled to such allowances by legislation which existed prior to January 1, 1984.
2. Straight Time: All sentences except life and death for offenses committed on or after January 1, 1984.
3. Life.
4. Death.
Compilation of Rules and Regulations of the State of Georgia › Department 125 - BOARD OF CORRECTIONS › Chapter 125-2 - DEPARTMENTAL OPERATIONS › Subject 125-2-4 - OFFENDER ADMINISTRATION › Rule 125-2-4-.05 - Records

Current through Rules and Regulations filed through June 27, 2024
In order that inmate records may be maintained in a uniform and effective manner, the following procedures shall be used:
(a) Each institution shall employ a full-time Business and/or Records Manager who shall be specifically charged with responsibility for the care and maintenance of inmate records. The Business/ Records Manager shall be a full-time employee and shall not be a Warden/Superintendent, Deputy Warden/Superintendent or any county official.
(b) Each institution shall maintain a case file on each inmate who is incarcerated at the institution. The inmate's case file shall contain all documents, orders and correspondence pertaining to the individual and any actions taken concerning him (her). Periodic case recordings reflecting an inmate's progress or lack of progress shall also be maintained in his (her) official records.
(c) Each institution shall maintain a secure records office where all inmate case files shall be stored in a fire protected environment. Inmate records shall not be maintained in the County Courthouse, the Warden/Superintendent's residence of similar inappropriate places.
(d) No inmate shall be permitted to have access to any inmate case file.
(e) Whenever an inmate is transferred from one institution to another, his (her) case file shall be transferred with him (her).
Ga. Constitution 1983, Art. XI, Sec. I, O.C.G.A. Secs. 42-2-11, 42-5-51, 42-5-59, 42-10-2.
Compilation of Rules and Regulations of the State of Georgia › Department 125 - BOARD OF CORRECTIONS › Chapter 125-2 - DEPARTMENTAL OPERATIONS › Subject 125-2-4 - OFFENDER ADMINISTRATION › Rule 125-2-4-.06 - Personal Property

Current through Rules and Regulations filed through June 27, 2024
When a new inmate is received into an institution direct from a jail or has not been fully processed previously, the following procedures concerning his (her) personal property shall apply:
(a) The new inmate shall surrender all of his (her) personal property including, but not limited to, clothing, money, jewelry, etc., to the Receiving Officer. The Receiving Officer shall inventory property in the presence of the inmate, prepare written inventory list, and both he and the inmate shall attest to the accuracy of the list by affixing their signature thereon. The original of the signed inventory list shall be maintained in the inmate's case file and a copy furnished the inmate concerned.
(b) The inmate shall be required to forward his (her) clothing and any other personal effects not authorized at the institution to a person designated by him (her) or donate such items to the state or county or to some recognized charitable organization. An inmate may not designate an employee of the Department of Corrections or an employee's immediate relative as a recipient of his personal effects.
(c) The inmate may request in writing that his (her) money be forwarded to a person designated by him (her). Any money retained shall be deposited in the inmate's account at the institution.
(d) All funds in inmate trust accounts which have remained unclaimed by the owner or designated guardian of the owner for more than five (5) years are presumed abandoned. In such cases the institution shall initiate the claims procedure as established by Departmental policy and procedure. The institution shall make documented efforts to locate the owner or designated guardian prior to initiating the claims procedures.
(e) Tangible personal property of inmates or other persons in the custody of Department of Corrections which has remained unclaimed for one year subsequent to parole, discharge, escape, or death shall be declared abandoned property and disposed of by public sale. The proceeds of such sale shall be deposited in the state treasury.
Ga. Constitution 1983, Art. XI, Sec. I, O.C.G.A. Secs. 42-2-11, 42-5-51, 42-5-53, 42-5-55, 42-5-59, 42-10-2, 44-12-199.
Compilation of Rules and Regulations of the State of Georgia › Department 125 - BOARD OF CORRECTIONS › Chapter 125-2 - DEPARTMENTAL OPERATIONS › Subject 125-2-4 - OFFENDER ADMINISTRATION › Rule 125-2-4-.07 - Institutional Clothing

Current through Rules and Regulations filed through June 27, 2024
(1) When an inmate arrives at the institution of his (her) initial assignment direct from jail, or for other reasons has not been issued appropriate institutional clothing, the institution shall issue seasonally appropriate clothing.
(2) All inmates, except diagnostics in the diagnostic and classification programs shall receive adequate clothing as provided for in the Department's Procedures.
(3) Diagnostics in the diagnostic and classification programs shall be provided the minimum clothing required to assure maintenance of health and sanitation standards as required by the Department's Procedures.
(4) Each institution shall maintain an inventory of clothing adequate to assure a seasonally appropriate initial issue and provide replacement clothing as required by the Department's Procedures.
Ga. Constitution 1983, Art. XI, Sec. I, O.C.G.A. Secs. 42-2-11, 42-5-51, 42-5-53, 42-5-59, 42-10-2.
Compilation of Rules and Regulations of the State of Georgia › Department 125 - BOARD OF CORRECTIONS › Chapter 125-2 - DEPARTMENTAL OPERATIONS › Subject 125-2-4 - OFFENDER ADMINISTRATION › Rule 125-2-4-.10 - Special Notification

Current through Rules and Regulations filed through June 27, 2024
A Special Notification is an intrastate request for custody placed against an inmate who is currently serving a sentence under the jurisdiction of the State Department of Corrections and who is wanted by another jurisdiction within the state on an outstanding sentence. Any Special Notification, or document constituting similar requirements, received by a Warden or Institutional Records Manager, shall be immediately forwarded to the Detainer Administrator, State Department of Corrections for necessary action.
Ga. Constitution 1983, Art. XI, Sec. I, O.C.G.A. Sec. 42-2-11.
Compilation of Rules and Regulations of the State of Georgia › Department 125 - BOARD OF CORRECTIONS › Chapter 125-2 - DEPARTMENTAL OPERATIONS › Subject 125-2-4 - OFFENDER ADMINISTRATION › Rule 125-2-4-.11 - Interstate Corrections Compact

Current through Rules and Regulations filed through June 27, 2024
(1) The State of Georgia is signatory to the Interstate Corrections Compact. The purpose of this compact is to provide for the mutual development and execution of cooperative programs for confinement, treatment and rehabilitation of offenders, with the most economical use of human and material resources.
(2) When a Warden/Superintendent has an inmate who desires to be transferred to a correctional institution of a state which is signatory to the Interstate Corrections Compact, the Warden/Superintendent shall direct the inmate to prepare a letter of request for such transfer setting forth the inmate's reasons for the request. Upon receipt of such a request the Warden/Superintendent shall attach his recommendations thereto and forward the request to the Administrator of the Interstate Corrections Compact for the Department of Corrections.
(3) Upon receipt of an inmate's request and the Warden's/Superintendent's recommendation for transfer of an inmate to an institution in a member state, the Administrator, Interstate Corrections Compact, will place the inmate's name on a list of those to be considered for such transfer.
(4) If the state to which the inmate requests transfer is not signatory to the Interstate Corrections Compact or if, for any other reason, the inmate is found to be ineligible or the request is denied, the State Board of Corrections will so notify the Warden/Superintendent who shall subsequently inform the inmate.
(5) A limited number of transfers to Federal Correctional Institutions can be achieved by special agreement when an inmate requires unusual custody, care, treatment, training or rehabilitation and such is not available in the Georgia Correctional System. Such special situations must be processed individually and approved by the Board of Corrections in accordance with the merits of the case.
Ga. Constitution 1983, Art. XI, Sec. I, O.C.G.A. Secs. 42-2-11, 42-5-51, 42-5-53, 42-5-59, 42-10-2, 42-11-2.
Compilation of Rules and Regulations of the State of Georgia › Department 125 - BOARD OF CORRECTIONS › Chapter 125-2 - DEPARTMENTAL OPERATIONS › Subject 125-2-4 - OFFENDER ADMINISTRATION › Rule 125-2-4-.12 - Out of State Probation

Current through Rules and Regulations filed through June 27, 2024
(1) The State of Georgia is signatory to an Interstate Compact which provides for a Georgia probationer to fulfill his (her) probation requirements in a member state under the jurisdiction of a probation officer of that state. Similarly, probationers from another member state may complete the requirements of their probation in the state of Georgia under the jurisdiction of Georgia Probation officers.
(2) A probationer may be permitted to reside in another state under the following conditions:
(a) If the person is in fact a resident of or has a family residing within the receiving state and can obtain employment there. Residency shall be determined as defined in the Compact.
(b) If, though, not a resident of the receiving state, and not having his (her) family residing there, the receiving state consents to the probationer being sent there.
(c) The receiving state will be provided an opportunity to investigate the home and prospective employment of the potential probationer.
Compilation of Rules and Regulations of the State of Georgia › Department 125 - BOARD OF CORRECTIONS › Chapter 125-2 - DEPARTMENTAL OPERATIONS › Subject 125-2-4 - OFFENDER ADMINISTRATION › Rule 125-2-4-.13 - Drivers Licenses

Current through Rules and Regulations filed through June 27, 2024
(1) No state inmate shall be authorized or permitted to operate a motor vehicle or heavy equipment on the public roads or highways unless he (she) is currently licensed by the Department of Drivers Services to operate such vehicles.
(2) Inmate drivers shall be classified as either Trusty Drivers or Restricted Drivers. The two types of drivers shall be defined as follows and, at the minimum, supervised as indicated:
(a) A Trusty Driver shall be an inmate who has achieved Trusty status by meeting all requirements listed in Chapter  125-3-1-.02(6)(e)  which defines that status; who is a fully qualified vehicle or equipment operator; and who has demonstrated by his attitude, adjustment and work habits that his status is valid. Such drivers, in the discretion of the Warden/Superintendent, may be assigned driving tasks which require occasional checks by supervisory personnel.
(b) A Restricted Driver, as a minimum, must have achieved a medium security classification. An inmate is not eligible if he (she) was originally under a death sentence, has been convicted of a sex offense, is known to currently be an alcoholic or a drug addict, has escaped twice, or has an unsatisfactory conduct record. Following licensing, a Restricted Driver may, at the discretion of the Warden/ Superintendent, be permitted to operate an appropriate vehicle while under constant supervision. If authorized by the Warden/ Superintendent, such supervision may include supervision by visual contact while the inmate is driving in a convoy situation.
Compilation of Rules and Regulations of the State of Georgia › Department 125 - BOARD OF CORRECTIONS › Chapter 125-2 - DEPARTMENTAL OPERATIONS › Subject 125-2-4 - OFFENDER ADMINISTRATION › Rule 125-2-4-.14 - Marriage

Current through Rules and Regulations filed through June 27, 2024
An inmate incarcerated in an institution under the jurisdiction of the State Board of Corrections may be married under the following conditions:
(a) Upon compliance with the marriage requirements of the State of Georgia, the Commissioner of Corrections may authorize the Chaplain of the institution to coordinate and/or perform the marriage ceremony or designate an authorized person to perform the marriage ceremony at the institution.
(b) The inmate and/or prospective spouse will assume all financial responsibility involved in the marriage process.
(c) Inmates will not be transported for the purpose of obtaining marriage licenses or to various institutions for marriage.
(d) The provision of this section shall not be interpreted as in any way authorizing conjugal visits.
Ga. Constitution 1983, Art. XI, Sec. I, O.C.G.A. Secs. 42-2-11, 42-5-51, 42-5-53, 42-5-59, 42-10-2.
Compilation of Rules and Regulations of the State of Georgia › Department 125 - BOARD OF CORRECTIONS › Chapter 125-2 - DEPARTMENTAL OPERATIONS › Subject 125-2-4 - OFFENDER ADMINISTRATION › Rule 125-2-4-.15 - Compassionate Visits and Special Leave

Current through Rules and Regulations filed through June 27, 2024
(1) Inmates incarcerated in institutions under the jurisdiction of the Board of Corrections may be eligible for compassionate visits, holiday leave, special leave and emergency special leave programs.
(2) Criteria for inmate eligibility to participate in such programs shall be established by standard operating procedures promulgated by the Commissioner.
(3) Such standard operating procedures shall reflect inmate eligibility limitations imposed under relevant portions of Georgia law.
Ga. Constitution 1983, Art. XI, Sec. I, O.C.G.A. Secs. 42-2-11, 42-5-51, 42-5-53, 42-5-59, 42-10-2.
Compilation of Rules and Regulations of the State of Georgia › Department 125 - BOARD OF CORRECTIONS › Chapter 125-2 - DEPARTMENTAL OPERATIONS › Subject 125-2-4 - OFFENDER ADMINISTRATION › Rule 125-2-4-.16 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Ga. Constitution 1983, Art. XI, Sec. I, O.C.G.A. Secs. 42-2-11, 42-5-51, 42-5-53, 42-5-59, 42-5-80, 42-5-83 to 42-5-85, 42-10-2.
Compilation of Rules and Regulations of the State of Georgia › Department 125 - BOARD OF CORRECTIONS › Chapter 125-2 - DEPARTMENTAL OPERATIONS › Subject 125-2-4 - OFFENDER ADMINISTRATION › Rule 125-2-4-.17 - Preparation for Legal Materials

Current through Rules and Regulations filed through June 27, 2024
Inmates shall be permitted legal materials (including, but not limited to, briefs, petitions, motions, pleadings, and correspondence and courts or legal counsel) and to secure assistance in the preparation of such materials, providing established procedures are observed. The following procedures are prescribed:
(a) All legal materials should normally be prepared in the assigned cell or dormitory of the inmate whose legal interest are being pursued.
(b) The Warden shall have the authority to designate other places in his institution which may be more appropriate for the preparation of legal materials. The designation of other areas should be made only when the inmate's living quarters are considered by the Warden/Superintendent to be inadequate for the preparation of legal materials.
(c) Inmates shall be permitted to use the institutional library facilities for the preparation of legal materials during the times prescribed by the Warden/Superintendent. The Warden/Superintendent may reasonably restrict the use of such facilities to assure that the effective use of the library facilities (for all its purposes) is not impaired.
(d) Each institution will maintain a capability for providing Notary Services.
(e) Upon an inmate's transfer to another institution he (she) shall be permitted to take along with his (her) other personal property, all his (her) personal legal materials. Inasmuch as an inmate may be entitled to maintain or possess a reasonable amount of personal legal material, such material must be maintained and possessed in accordance with available institutional space and may be restricted because of inadequate space and/or fire hazardous conditions.
Ga. Constitution 1983, Art. XI, Sec. I, O.C.G.A. Secs. 42-2-11, 42-5-51, 42-5-53, 42-5-57, 42-5-59, 42-10-2.
Compilation of Rules and Regulations of the State of Georgia › Department 125 - BOARD OF CORRECTIONS › Chapter 125-2 - DEPARTMENTAL OPERATIONS › Subject 125-2-4 - OFFENDER ADMINISTRATION › Rule 125-2-4-.18 - Transfers

Current through Rules and Regulations filed through June 27, 2024
(1) The Commissioner of the Department of Corrections may designate as a place of confinement any available, suitable, and appropriate Correctional Institution operated under the jurisdiction or supervision of the State Board of Corrections. The Commissioner shall also have sole authority to transfer inmates from one correctional institution to any other institution operated under the jurisdiction of the State Board of Corrections. Neither male or female state inmates shall be assigned to serve in any manner in a county jail unless they are participating in a state sponsored project and have the approval of the Commissioner of the Department of Corrections and the sheriff or the jail administrator of the county.
(2) An inmate shall be transferred from one institution to another at the discretion of the Commissioner of the Department of Corrections.
(a) An inmate shall not be transferred without an order from the Commissioner. In case of an emergency, verbal authorization obtained by telephone and subsequently supported in writing will suffice.
(b) A Warden/Superintendent shall effect a transfer order on the date and time specified.
(c) When an inmate is transferred he (she) shall be transported in an automobile or closed vehicle. An open truck shall not be used.
(d) An inmate shall be thoroughly searched prior to transfer. If restraint equipment is required, it shall be applied in a humane manner. The inmate being transported shall not be attached to the transporting vehicle in any manner. Food, drink and rest stops shall be provided, consistent with the circumstances of the trip.
(e) When an inmate is transferred to another institution, his (her) case file, institutional account, restricted mail list, visitation lists, and other pertinent institutional records shall be transferred with him (her).
Compilation of Rules and Regulations of the State of Georgia › Department 125 - BOARD OF CORRECTIONS › Chapter 125-2 - DEPARTMENTAL OPERATIONS › Subject 125-2-4 - OFFENDER ADMINISTRATION › Rule 125-2-4-.19 - Discharge Gratuities

Current through Rules and Regulations filed through June 27, 2024
(1) State inmates who are lawfully released from any institution under the jurisdiction of the Board of Corrections shall be provided gratuities in accordance with the provisions of this Rule.
(2) When a felony inmate, who is not participating in a work release program is discharged upon completion of his (her) sentence; is conditionally released, pardoned or paroled; or is released in any other lawful manner from a state or county institution, he (she) shall receive the following clothing and monetary allowance:
(a) An inmate shall receive a travel kit, when appropriate, and suitable clothing which shall consist of those garments approved by the Board of Corrections from time to time and specified in the Departmental Procedure.
(b) An inmate shall receive an amount of money, not more than twenty-five dollars ($25.00) with the order for discharge, parole, or other lawful release.
(c) A ticket for common carrier transportation to the inmate's home, located in the United States, will be furnished.
(d) An inmate who has participated in a work release program shall NOT be furnished any of the items enumerated in subsections (2)(a), (b) and (c) of this section, above, unless it is determined that he (she) has extraordinary financial needs as established to the satisfaction of the Commissioner of Corrections.
(e) A felony inmate who is released to a Sheriff or a United States Marshal on a detainer to serve a sentence already imposed or to stand trial on pending charges, or who is released to county authorities or a detainer to serve a county sentence, shall not be entitled to the items enumerated in subsections (2)(a), (b) and (c) of this section, above, unless the inmate qualifies under terms of O.C.G.A. 42-11-1 through 42-11-3, pertaining to the transfer of an inmate to serve a concurrent State and Federal sentence or qualifies under O.C.G.A. 42-11-1 through 42-11-3, pertaining to the Interstate Corrections Compact.
Compilation of Rules and Regulations of the State of Georgia › Department 125 - BOARD OF CORRECTIONS › Chapter 125-2 - DEPARTMENTAL OPERATIONS › Subject 125-2-4 - OFFENDER ADMINISTRATION › Rule 125-2-4-.20 - Death and Interment

Current through Rules and Regulations filed through June 27, 2024
When an inmate under the jurisdiction of the State Board of Corrections dies, the following procedures shall be followed:
(a) When an inmate dies from natural causes or causes certifiable by the institutional physician and he has designated a next of kin, the Warden/Superintendent or his representative will notify the next of kin and the Commissioner of Corrections promptly. The next of kin shall be informed as to the location and procedures for claiming the remains. The next of kin and the Commissioner of Corrections shall be furnished copies of a Certificate of Death.
(b) When an inmate dies suddenly or violently, or under unusual circumstances without an attending physician, notwithstanding the presence of witnesses, the following procedures shall be initiated immediately:
1. The Warden/Superintendent or his representative shall notify the Commissioner of Corrections furnishing whatever information is available at the time;
2. The Warden/Superintendent or his representative shall notify the Coroner of the county in which the death occurs. In those counties which do not have a coroner, the medical examiner shall be notified. In all instances an autopsy will be requested.
3. The Warden/Superintendent or his representative shall notify the Director of the State Crime Laboratory;
4. The Warden/Superintendent or his representative shall notify the Director of the Georgia Bureau of Investigation or his appointed representative in the district where the death occurs (Special Agent in Charge of District);
(i) In the case of a County Institution, the Sheriff of said County shall also be notified;
5. The Warden/Superintendent or his representative shall directly notify the Internal Investigation Section between 8:00 a.m. and 4:30 p.m. on weekdays. At all other times the Communications Center at Central Office shall be notified;
6. The Warden/Superintendent or his representative shall notify the next of kin;
Compilation of Rules and Regulations of the State of Georgia › Department 125 - BOARD OF CORRECTIONS › Chapter 125-2 - DEPARTMENTAL OPERATIONS › Subject 125-2-4 - OFFENDER ADMINISTRATION › Rule 125-2-4-.21 - Special Alternative Incarceration

Current through Rules and Regulations filed through June 27, 2024
When an individual has been sentenced under this act, placement at a designated "special alternative incarceration" unit will be approved by the Commissioner, Department of Corrections.
(a) In every case where an individual is sentenced under the terms of the special alternative incarceration code section, the Clerk of the Sentencing Court shall, within five (5) working days, mail to the Department of Corrections sentencing documents required by law.
(b) The only individuals who will be approved for participation and placement in this program will be those sentenced specifically to this program as a condition of probation as set forth under the terms of this law. The sentences received must reflect a period of incarceration of 90 days from the time of initial incarceration in the "special alternative incarceration" unit.
(c) The Department of Corrections will arrange with the Sheriff's Office to have a Sheriff's Deputy in the county of incarceration deliver individuals sentenced under the terms of this law to a designated facility within 15 days after receipt by the Department of the documents by the Clerk of the Court.
(d) At any time during the individual's incarceration in the unit but at least five (5) days prior to his (her) expected date of release, the Department of Corrections will certify to the Trial Court as to whether the individual has satisfactorily completed this condition of probation.
(e) Upon the satisfactory completion of the program by an individual the Department of Corrections will provide the sentencing court a written record of performance not less than five (5) days prior to his (her) expected date of release as notification that the individual is being released from confinement in the special alternative incarceration unit. However, should the performance of the individual be unsatisfactory, a report of such unsuccessful performance may be grounds for revocation of the probated sentence. A petition for revocation may be initiated by the probation supervisor.
(f) Individuals participating in the "special alternative incarceration" program shall be subject to all rules and regulations of the Board of Corrections as would any inmate sentenced to the custody of the Department and necessary and appropriate disciplinary action may be taken.
Ga. Constitution 1983, Art. XI, Sec. I, O.C.G.A. Secs. 42-2-11, 42-5-51, 42-5-53, 42-5-59, 42-8-35.1.
Compilation of Rules and Regulations of the State of Georgia › Department 125 - BOARD OF CORRECTIONS › Chapter 125-2 - DEPARTMENTAL OPERATIONS › Subject 125-2-4 - OFFENDER ADMINISTRATION › Rule 125-2-4-.22 - Restitution

Current through Rules and Regulations filed through June 27, 2024
The Commissioner shall promulgate procedures to allow for reasonable deductions to be made from money credited to prisoner accounts for the purpose of restitution for acts occurring during a period ordered to be served in the custody of the Commissioner of the Department of Corrections. Such deductions shall be authorized to repay the costs of (1) public property, or private property in the case of an inmate housed in a private correctional facility, willfully damaged or destroyed by an inmate; (2) medical treatment and prescription medication for injuries inflicted by an inmate upon himself, herself, or another unless the inmate has a severe mental health designation as determined by the department; (3) extraordinary costs incurred as a consequence of searching for and apprehending an inmate who has escaped or attempted to escape; and (4) quelling riots or disturbances in which the prisoner is unlawfully involved. For the purpose of administering deductions from money credited to inmate accounts, the Commissioner is authorized to implement a mandatory minimum balance applicable to all inmate accounts.
Ga. Constitution 1982, 1983, Art. XI, Sec. I, O.C.G.A. Secs. 17-14-13, 42-2-11, 42-5-55.
Compilation of Rules and Regulations of the State of Georgia › Department 125 - BOARD OF CORRECTIONS › Chapter 125-2 - DEPARTMENTAL OPERATIONS › Subject 125-2-4 - OFFENDER ADMINISTRATION › Rule 125-2-4-.23 - Offender Grievances

Current through Rules and Regulations filed through June 27, 2024
The vast majority of offender grievances are resolved directly and promptly. In those cases where an offender grievance is not resolved at the initial level, the Warden/ Superintendent shall follow the established procedure whereby an offender who is convinced that he has a legitimate grievance is provided a reasonable opportunity to present in writing or discuss his allegations until a resolution of the alleged problem, consistent with the developed facts, has been achieved.
Ga. Constitution 1983, Art. XI, Sec. I, O.C.G.A. Secs. 42-2-11, 42-5-51, 42-5-53, 42-5-59, 42-10-2.
Compilation of Rules and Regulations of the State of Georgia › Department 125 - BOARD OF CORRECTIONS › Chapter 125-3 - INSTITUTIONAL AND CENTER OPERATIONS › Subject 125-3-1 - CUSTODY AND SECURITY › Rule 125-3-1-.01 - Responsibility

Current through Rules and Regulations filed through June 27, 2024
(1) The Warden/Superintendent of each institution shall be responsible for the care, secure detention and control of all inmates assigned to his/her charge. He/She is responsible for the overall security of his/her institution and the effective accomplishment of assigned tasks. The Warden/Superintendent is similarly charged with achieving directed, authorized and approved activities and for preventing those actions or activities which are prohibited by law, rules and regulations, or current directives.
(a) The Warden/Superintendent of any State Correctional Institution/Facility may assign any offender under his/her control whom the Warden/Superintendent believes may benefit from the Program to the Special Rehabilitative Program at that institution/facility.
Compilation of Rules and Regulations of the State of Georgia › Department 125 - BOARD OF CORRECTIONS › Chapter 125-3 - INSTITUTIONAL AND CENTER OPERATIONS › Subject 125-3-1 - CUSTODY AND SECURITY › Rule 125-3-1-.02 - Inmate Security Classification

Current through Rules and Regulations filed through June 27, 2024
(1) Institutional Classification Committees will review the diagnostic and classification records in order to determine the security classification assigned to each newly received inmate in accordance with the Standard Operating Procedure on Inmate Classification.
(2) Each inmate's records will be reviewed by the institutional classification committee at least annually for possible recommendations to the Department of Corrections for upward or downward adjustment of the inmate's security classification consistent with the criteria set forth in the Standard Operating Procedure on Inmate Classification.
(a) Adverse behavior on the part of an inmate may result in a review of the reclassification form for possible security change.
(b) Inmates who have detainer(s) filed may have their securities adjusted based on the severity of the detainer(s). Once the detainer is lifted, appropriate readjustment may be recommended by the institutional classification committee.
(c) Nature and circumstances of a particular offense or the inmate's criminal history may result in the denial of a security reduction, other eligibility notwithstanding.