reglab/statecodes huggingface dataset:
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-.03 - Administrative Segregation

Current through Rules and Regulations filed through June 27, 2024
(1) The welfare of an institution may require that some inmates be separated from the general inmate population in order to maintain order at the institution; to protect either the individual inmate or other members of the inmate population or members of the institutional staff; or for detention pending completion of an investigation of charges against him (her).
(2) Administrative Segregation is defined as the withdrawal of an inmate from the general inmate population and his (her) detention in a separated area of the institution which is apart from any other area used to accommodate the general inmate population.
(3) An inmate may be placed at his (her) request in Administrative Segregation for his (her) own protection. The assignment should only occur if the request is in writing and confirmed by the inmate to the responsible staff member effecting the assignment. If the inmate, upon his (her) request, is denied reassignment, Administrative Segregation becomes an involuntary assignment. It then becomes the obligation of the Warden/Superintendent to review the assignment every 30 days and to consider in such review any written reasons offered by the affected inmate pertaining to continued assignment in Administrative Segregation.
(4) Subsequent to an involuntary assignment of an inmate to Administrative Segregation, the Warden/Superintendent or his designated representative shall hold a formal hearing within ninety-six (96) hours after the inmate is placed in Administrative Segregation.
(a) The inmate will be advised in writing of the reason(s) why he (she) is being placed in Administrative Segregation at least twenty-four (24) hours before the initial Administrative Segregation Hearing.
(b) For the initial Administrative Segregation Hearing the inmate may request that an employee who is on active duty and willing to represent the inmate be the inmate's advocate at this initial Administrative Segregation Hearing.
(c) At the initial Administrative Segregation Hearing, the inmate may request that witnesses be called on his (her) behalf and the Classification Committee will have the discretion to call these witnesses.
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-.04 - Inspections

Current through Rules and Regulations filed through June 27, 2024
(1) Each Warden/Superintendent shall establish and maintain a program of regular inspections of all institutional facilities and equipment, including, but not limited to, confinement facilities, dormitories, cell houses, mess facilities, work shops, storage areas, recreational facilities, etc. Inspections shall encompass security, safety, sanitation and appearance. Additionally, such regular inspections shall be augmented by frequent irregular and unannounced spot or special inspections to detect and correct deficiencies at the earliest possible time.
(2) As a minimum, the following inspections shall be made:
(a) At least weekly general inspections of the entire institution.
(b) At least once a day, on an irregular schedule, all cells, bars, locks, windows, security doors, and other security facilities shall be thoroughly and carefully inspected to assure that they have not been tampered with and are in good condition. A written report of the inspection, including appropriate recommendations for correction of deficiencies discovered, will be submitted to the Warden/Superintendent by the inspector. The Warden/Superintendent will take whatever action is required to correct reported deficiencies in a timely manner. A copy of each of these reports and record of corrective action shall be maintained in the institutional files for a period of not less than two (2) years and made available to the State Board of Corrections Inspection Service personnel during their visits to the institution.
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-.05 - Institutional Procedures

Current through Rules and Regulations filed through June 27, 2024
The following procedures shall be followed at each institution:
(a) A master count of all inmates at each institution shall be conducted at least four (4) times during each twenty-four (24) hour period. Additional counts should be made of all inmates who are maximum, close, or medium security risks and those whose work assignments offer greater opportunity for escape. The actual count of inmates located outside the institution at the time of the count may be delegated to the Correctional Officers in charge of those groups. The counts of such groups shall be reported at the designated time to the control center or institutional office where the count is maintained where it will be verified and incorporated into the master count.
(b) Inmates, as well as all institutional areas or facilities, are subject to search at any time. Correctional Officers shall conduct periodic and random searches of inmates and cells.
(c) All Correctional Officers shall insure that the inmates assigned to their control are in the area or location where they are authorized or directed to be and that inmate movement from one location to another has been authorized or directed by proper authority.
1. All vehicular and foot traffic in or near the institution shall be controlled and supervised by a Correctional Officer.
2. All vehicles shall be garaged or parked outside the main compound. Heavy vehicles or motorized equipment shall not be brought into the compound unless absolutely essential. Insofar as possible, all deliveries shall be made outside the compound and brought inside by means of hand trucks. The ignition key to any vehicle brought into the compound shall be removed and kept in the possession of a Correctional Officer or other official. The keys to institutional vehicles not in use shall be maintained as prescribed in paragraph  125-3-1-.06(b). No inmate shall be permitted to keep a vehicle in his (her) possession.
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-.06 - Control of Critical Materials

Current through Rules and Regulations filed through June 27, 2024
Any item that may be used to aid in or accomplish an escape, create a disturbance or which represents a hazard to the safety and security of the institution shall be placed under control and maintained under the strict supervision of institutional officials and/or employees. The following controls shall be instituted at each institution:
(a) Control of firearms and related equipment:
1. The institutional weapons arsenal shall be located in a safe and secure installation outside the inmate housing and activities area. Weapons, ammunition, gas and related emergency control equipment not currently in use shall be maintained in this secure location.
2. No firearms or other dangerous weapons, including knives, shall be permitted inside any institutional compound except in secure guard walks at those institution so configured. All employees as well as law enforcement agents or others shall be required to deposit firearms or other dangerous instruments in the weapons storage facility prior to entering the institution. The only exception to this rule shall be in the event of a Riot or other serious disturbance at the institution during which, in the judgement of the Warden/Superindendent, it becomes necessary for him to undertake special emergency measures in his efforts to re-establish control.
3. Discharge of any weapon by an employee while in duty status is prohibited, except: as authorized on training ranges; under those circumstances where such action becomes essential to the maintenance or re-establishment of control; when required for the protection of one's self or others; or as necessary in order to prevent or control felonious actions.
4. Under no circumstances shall any inmate be permitted to gain access to any firearm, ammunition or any other critical equipment or supplies.
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-.07 - Fugitive Procedures

Current through Rules and Regulations filed through June 27, 2024
The Warden/Superintendent is charged with the prevention of escapes from his institution. However, no matter how well the institutional personnel are trained or how efficiently the operating procedures are executed, occasional escape attempts will be made and a few inmates will inevitably succeed in achieving temporary freedom. Escapes normally occur without warning. Time is therefore critical and early detection is paramount. The longer the delay between detection of the escape and the initiation of the institutional recapture effort the larger the area of search and the more likely the escapee is to be successful. It is therefore required that each institution create, maintain in a current state, and periodically rehearse escape plans which can be implemented quickly and effectively when needed. The following procedures shall be incorporated in institutional escape plans.
(a) Each official, Correctional Officer, or employee who discovers an escape or suspects an escape attempt is occurring, shall be required to report that fact to the Warden/Superintendent or his designated representative on an urgent basis. The institutional staff shall be alerted and directed to implement applicable portions of their escape plan immediately.
(b) Telephone and/or radio communications shall be established and maintained between the institution and appropriate law enforcement agencies including Local Police, Sheriffs Department(s), Department of Public Safety, and the Georgia Bureau of Investigation.
(c) The Warden/Superintendent or any Officer specifically designated that responsibility, shall notify and request the assistance of the following agencies immediately and provide law enforcement agencies with adequate details of the escape to enable them to participate effectively in the recapture effort:
1. The Local Police Department;
2. The Local Sheriff's Department;
3. The nearest State Police Unit;
4. The Law Enforcement agency where the fugitive is most likely to go (home town, last address, etc.);
5. If it is believed that the fugitive may go to Atlanta, the Atlanta Police Department Fugitive Squad, Commissioner or his designee should be notified;
6. Notify the Department of Correction by telephone and submit a written report of the escape or attempted escape within twenty-four (24) hours.
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-.08 - Dog Handlers

Current through Rules and Regulations filed through June 27, 2024
(1) Institutions having bloodhounds or other trail dogs used for tracking escapees or assisting law enforcement agencies shall assign and train an appropriate number of Correctional Officers in the effective and efficient handling of the institutional pack.
(2) When institutional dogs are used to trail escapees or others, whether for the owning institution or not, the institution furnishing the dogs will also provide the trained Correctional Officers to handle the dogs.
(3) Inmates shall NOT be used to handle track dogs or to participate in any tracking effort which relates to the recapture of an inmate, apprehension of a suspect(s) in support of law enforcement agencies, or other similar activities, but shall be restricted to the following:
(a) Feeding, exercising, grooming or otherwise caring for tracking dogs at the institutional kennels.
(b) Training, and/or participating in field exercises for training tracking dogs.
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-.09 - Rewards

Current through Rules and Regulations filed through June 27, 2024
(1) If an inmate escaped from a state institution, the fiscal responsibility for payment of the reward rests with the Commissioner of the Department of Corrections who, at his discretion, may pay the reward to any person from funds appropriated or otherwise available to the Department of Corrections.
(2) At the discretion of the Commissioner of the Department of Corrections, a reward of up to two hundred dollars ($200.00) may be paid to persons, other than law enforcement officers, who furnish information leading to the capture of an inmate who has escaped from a state correctional institution under the jurisdiction of the State Board of Corrections.
(a) The reward shall be payable to the person making the report following the return of the inmate to the custody of the State Board of Corrections.
(b) When two or more persons furnish information which would entitle them to receive the reward, such reward shall be paid to the first person furnishing such information or pro-rated among all eligible persons if the information was furnished jointly or simultaneously.
Compilation of Rules and Regulations of the State of Georgia › Department 125 - BOARD OF CORRECTIONS › Chapter 125-3 - INSTITUTIONAL AND CENTER OPERATIONS › Subject 125-3-2 - DISCIPLINE › Rule 125-3-2-.01 - Responsibility

Current through Rules and Regulations filed through June 27, 2024
A correctional community, more than other communities, cannot be operated safely, efficiently, and for the best interests of both society and inmates unless the occupants conform to established standards of orderly behavior. It shall, therefore, be the responsibility of the Warden/Superintendent at each prison, assisted by all prison employees, to establish and maintain discipline by consistently requiring obedience, order and good conduct. Each Warden/Superintendent shall assure a fair, unbiased and orderly procedure for administering corrective disciplinary actions. The Disciplinary Action taken should be the minimum which, in the Warden's/ Superintendent's judgment for each specific case, will achieve the desired results.
Ga. Constitution 1982, 1983, Art. XI, Sec. I, Par. (b); O.C.G.A. Secs. 42-2-11, 42-5-51, 42-5-53, 42-5-55, 42-10-2, 50-13-1.
Compilation of Rules and Regulations of the State of Georgia › Department 125 - BOARD OF CORRECTIONS › Chapter 125-3 - INSTITUTIONAL AND CENTER OPERATIONS › Subject 125-3-2 - DISCIPLINE › Rule 125-3-2-.02 - Instruction of Inmates

Current through Rules and Regulations filed through June 27, 2024
Upon arrival at the prison, all inmates shall be thoroughly instructed concerning the rules and regulations which will govern their conduct, privileges and responsibilities during their stay. Each inmate shall be provided a personal copy of the prison rules and regulations so that he(she) may understand the standards he(she) must maintain during his(her) assignment. Inmates should be specifically informed during their orientation of the more frequent infractions of rules and possible resulting disciplinary action (e.g. violations of rules and regulations concerning visiting privileges, mail privileges, lights out, cleanliness, etc.).
Ga. Constitution 1982, 1983, Art. XI, Sec. I, Par. (b), O.C.G.A. Secs. 42-2-11, 42-5-51, 42-5-53, 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 125-3 - INSTITUTIONAL AND CENTER OPERATIONS › Subject 125-3-2 - DISCIPLINE › Rule 125-3-2-.03 - Inmate Conduct

Current through Rules and Regulations filed through June 27, 2024
Inmates in the correctional system shall be required to comply with applicable Federal and State Laws as well as the rules of the State Board of Corrections and prison rules and regulations promulgated in consonance therewith. Prison Warden/Superintendents will develop a set of conforming regulations, defining the standards of conduct demanded at their particular prison; publish the regulations in written form; and provide each inmate with a personal copy thereof.
Ga. Constitution 1982, 1983, Art. XI, Sec. I, Par. (b), O.C.G.A. Secs. 42-2-4, 42-2-11, 42-5-14, 42-5-51, 42-5-55, 42-5-59, 42-5-60, 42-5-63.
Compilation of Rules and Regulations of the State of Georgia › Department 125 - BOARD OF CORRECTIONS › Chapter 125-3 - INSTITUTIONAL AND CENTER OPERATIONS › Subject 125-3-2 - DISCIPLINE › Rule 125-3-2-.04 - Violations

Current through Rules and Regulations filed through June 27, 2024
The following rules are established and shall govern the conduct of all inmates under the jurisdiction of the State Board of Corrections. Violations of these rules shall be punishable as institutional disciplinary infractions, violations of United States or State Law, or both, as appropriate:
(a) Violations of Statutes. Inmates under the jurisdiction of the State Board of Corrections are subject to all laws of the United States and of the State of Georgia. Any prisoner violating these laws may be charged and tried for that violation in the same manner as any other citizen in the appropriate state or federal court. The filing of charges in a judicial court of record for a violation of state or federal laws does not in any way prevent or preclude the administrative handling of the same act as a prison disciplinary matter or of the taking of disciplinary action against the prisoner in question as provided in Rule  .08  below (Disciplinary Methods Permitted). These regulations are:
1. Violation of any law or statute of the State of Georgia.
2. Violation of any law or statute of the United States.
Compilation of Rules and Regulations of the State of Georgia › Department 125 - BOARD OF CORRECTIONS › Chapter 125-3 - INSTITUTIONAL AND CENTER OPERATIONS › Subject 125-3-2 - DISCIPLINE › Rule 125-3-2-.05 - Reporting of Incidents

Current through Rules and Regulations filed through June 27, 2024
The reporting of incidents will be conducted in accordance with standard operating procedures promulgated by the Commissioner.
Ga. Constitution 1983, Art. XI, Sec. I, Par. (b), O.C.G.A. Secs. 42-2-1, 42-2-11, 42-5-51, 42-5-53, 42-5-59, 42-5-62, 42-5-63, 42-5-100, 42-5-101, 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 125-3-2 - DISCIPLINE › Rule 125-3-2-.06 - Disciplinary Hearings

Current through Rules and Regulations filed through June 27, 2024
Disciplinary hearings will be conducted in accordance with standard operating procedures promulgated by the Commissioner. The Commissioner is authorized to establish procedures for assessing a deduction from money credited to the inmate account in all cases in which an inmate is found guilty or pleads guilty.
Ga. Constitution 1983, Art. XI, Sec. I, Par. (b), O.C.G.A. Sec. 42-2-11.
Compilation of Rules and Regulations of the State of Georgia › Department 125 - BOARD OF CORRECTIONS › Chapter 125-3 - INSTITUTIONAL AND CENTER OPERATIONS › Subject 125-3-2 - DISCIPLINE › Rule 125-3-2-.07 - Disciplinary Methods Prohibited

Current through Rules and Regulations filed through June 27, 2024
Disciplinary actions shall not be administered by any of the following methods:
(a) Under no circumstances shall corporal punishment of any kind be administered to any inmate.
(b) No form of cruel, inhumane or unusual punishment shall be administered to any inmate.
(c) Physical force used by a Correctional Officer to control an unruly or violent inmate shall not exceed that required to maintain positive control. This provision is not intended to preclude a Correctional Officer from protecting his (her) person or others from assault, preventing escape, preventing serious injury to property, or from taking such positive action as may be required to subdue a violent and unruly inmate. Use of a control agent, such as "MACE", is considered use of force for reporting purposes. A written report setting forth the facts necessitating the use of force on an inmate shall be prepared by the Correctional Officer(s) or employee(s) involved in each such incident and submitted to the Warden/Superintendent to the Commissioner of Corrections within 72 hours after the incident.
(d) No form of special colored clothing or striped uniform may be used as a method of imposing discipline on an inmate.
(e) An inmate shall not be required to undergo a special haircut, nor shall his head be shaved as disciplinary method.
Ga. Constitution 1983, Art. XI, Sec. I, Par. (b), O.C.G.A. Secs. 42-5-11, 42-5-51.
Compilation of Rules and Regulations of the State of Georgia › Department 125 - BOARD OF CORRECTIONS › Chapter 125-3 - INSTITUTIONAL AND CENTER OPERATIONS › Subject 125-3-2 - DISCIPLINE › Rule 125-3-2-.08 - Disciplinary Methods Permitted

Current through Rules and Regulations filed through June 27, 2024
The following is a list of acceptable sanctions which can be used for disciplinary action within the system. Please note that there are now four levels of severity. No variation is permitted without prior written approval from the Division Director, Corrections Division.
(a) For low severity violations:
1. Reprimand, warning, or prison restriction shall not exceed thirty (30) days; and/or
2. Withdrawal or limitation of any or all privileges such as recreation, library, store canteen, mail, visiting, etc., shall not exceed thirty (30) days; and/or
3. Assignment to extra duty for two (2) hours per day not to exceed thirty (30) days; and/or
4. Change in work assignment or living quarters; and/or
5. Impound personal property not to exceed thirty (30) days, except religious or legal materials; and/or
6. Restrict to quarters, not to exceed thirty (30) days, except for meals; and/or
7. Restriction from special or selected group activities not to exceed thirty (30) days.
Compilation of Rules and Regulations of the State of Georgia › Department 125 - BOARD OF CORRECTIONS › Chapter 125-3 - INSTITUTIONAL AND CENTER OPERATIONS › Subject 125-3-2 - DISCIPLINE › Rule 125-3-2-.09 - Disciplinary Facilities

Current through Rules and Regulations filed through June 27, 2024
Following are the disciplinary facilities and procedures for their use:
(a) An inmate may be placed in a Disciplinary Isolation cell for a period on the written authority of the Warden/Superintendent. Confinement in Disciplinary Isolation must be supported by a Disciplinary Report and a finding of guilt by the Disciplinary Hearing Officer.
(b) Disciplinary Isolation cells shall be maintained at each prison and shall meet the following specifications:
1. For new construction the minimum size of the cell shall be 5' x 10' x 7' high or equivalent. Existing cells used for this purpose are approved as an exception.
2. The cell shall be provided with adequate light (natural or artificial) and ventilation (natural or mechanical).
3. The cell shall be properly heated during cool or cold weather, provided, however, that if heated by gas, the exhaust and ventilation system shall be inspected at least once a year by a recognized safety inspector who shall certify that the exhaust and ventilation systems are in good working order. More frequent inspections will be required if malfunctions occur. If repairs are required they must be achieved and reinspection performed prior to use of the system. Inspection certificates shall be maintained on record at the prison.
4. All cells shall be free of any items such as exposed pipe, construction irregularities, accessible electrical wiring, etc., which could be used by an inmate as a weapon to harm himself (herself).
5. All installed bunk, mattress, and bed covering appropriate to the season shall be provided, except as hereinafter specified.
6. A commode, lavatory and drinking water or frequent escort to such facilities shall be provided. All future construction shall include a commode, lavatory and drinking fountain in each cell, all of which shall be controllable from outside the cell.
7. No more than one (1) inmate shall occupy a cell at a time, except in an emergency situation as follows: If sufficient cells are unavailable and an emergency situation arises necessitating the placing of more than one (1) inmate in a cell, the Warden/ Superintendent shall take the necessary action and, as soon thereafter as feasible, obtain pertinent instructions from the Commissioner of Corrections or his assistants.
Compilation of Rules and Regulations of the State of Georgia › Department 125 - BOARD OF CORRECTIONS › Chapter 125-3 - INSTITUTIONAL AND CENTER OPERATIONS › Subject 125-3-2 - DISCIPLINE › Rule 125-3-2-.11 - Disciplinary Transfer

Current through Rules and Regulations filed through June 27, 2024
The Warden/Superintendent may recommend to the Commissioner of Corrections the transfer of an inmate because of unacceptable conduct. Appropriate documentation by the Warden/Superintendent should accompany the transfer recommendation. When, in the discretion of the Commission of Corrections, an inmate has failed to respond to counseling and guidance concerning his unacceptable conduct, he may be transferred to another prison.
Ga. Constitution 1983, Art IX, Sec. I, O.C.G.A. Secs. 34-9-15, 42-2-4, 42-2-11, 42-5-51, 42-5-52, 42-5-55, 42-5-59.
Compilation of Rules and Regulations of the State of Georgia › Department 125 - BOARD OF CORRECTIONS › Chapter 125-3 - INSTITUTIONAL AND CENTER OPERATIONS › Subject 125-3-2 - DISCIPLINE › Rule 125-3-2-.12 - Use of Certain Restraints

Current through Rules and Regulations filed through June 27, 2024
Handcuffs, leg chains, waist chains, and waist belts may be utilized in transferring violent or potentially dangerous inmates within a prison or between facilities. These same restraints may also be used in securing violent or potentially dangerous inmates in public and private areas such as hospitals and clinics.
Ga. Constitution 1983, Art IX, Sec. I, O.C.G.A. Secs. 34-9-15, 42-2-4, 42-2-11, 42-5-51 to 42-5-53, 42-5-55, 42-5-58, 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 125-3-3 - MAIL › Rule 125-3-3-.01 - Mail

Current through Rules and Regulations filed through June 27, 2024
(1) All incoming and outgoing non-privileged mail is subject to inspection and random reading by correctional staff, in order to reveal escape plots, plans to commit illegal acts, plans to violate institution rules, or other security concerns.
(2) The Superintendent may reject correspondence sent by or to an inmate if it is determined detrimental to the security, good order, or discipline of the institution, the protection of the public, or if it might facilitate criminal activity.
(3) All mail between inmates or residents shall be inspected for contraband or dangerous information.
(4) An inmate's mail privilege may be withdrawn as a result of action taken where an abuse of the mail privilege is found, or as a result of action where persons request termination of correspondence with the inmate.
Ga. Constitution 1983, Art. XI, Sec. I, O.C.G.A. Secs. 42-2-1, 42-2-4, 42-2-11, 42-5-14, 42-5-53, 42-5-159, 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 125-3-3 - MAIL › Rule 125-3-3-.02 - Inspection of Mail

Current through Rules and Regulations filed through June 27, 2024
Both outgoing and incoming mail will be inspected for contraband. Contraband is considered to be an item not issued to an inmate or available or authorized for purchase through the mail or the institutional store or specifically authorized by the Warden/Superintendent. All incoming/outgoing mail must have a complete name and address of the sender and receiver on the envelope. A complete address for outgoing/incoming inmate mail shall include the inmate's full name, state I.D. number, unabbreviated institutional name, post office box, city/state, and zip code. A return address must be present on incoming mail so that undeliverable mail may be returned to the sender. Outgoing non-privileged mail discovered to contain or reasonably suspected of containing contraband or information presenting a direct threat to institutional security may be opened and inspected.
Ga. Constitution 1983, Art. XI, Sec. I, O.C.G.A. Secs. 42-2-4, 42-2-11, 42-5-14, 42-5-15, 42-5-53, 42-10-4.
Compilation of Rules and Regulations of the State of Georgia › Department 125 - BOARD OF CORRECTIONS › Chapter 125-3 - INSTITUTIONAL AND CENTER OPERATIONS › Subject 125-3-3 - MAIL › Rule 125-3-3-.03 - Privileged Mail

Current through Rules and Regulations filed through June 27, 2024
(1) Inmates may write uncensored and sealed letters to the following officials:
(a) The Governor.
(b) The Lieutenant Governor.
(c) Members of the General Assembly of Georgia.
(d) The President and Vice-President of the United States and Members of the United States Congress.
(e) Members of the State Board of Corrections.
(f) The Commissioner of the Department of Corrections.
(g) Deputy Commissioners of the Department of Corrections.
(h) The Executive Assistant of the Department of Corrections.
(i) Members of the State Board of Pardons and Paroles.
(j) The Courts.
(k) The Inmate's Attorney. This category shall include any attorney, licensed to practice in State or United States Courts, Courts of Appeals, or the Supreme Court, with whom the inmate has had or is attempting to establish an attorney-client relationship.
(l) The Press. The term "Press" is defined as newspapers, news magazines, news services, and radio and television stations. Privileged press mail must reflect the return address including the name of the newspaper, news magazine, news service, radio station or television station commercially printed on the envelope. The mailing address of out-going press mail must reflect the name of the newspaper, news magazine, news service, radio station or television station.
(m) Other Governmental Agencies. This category is defined as agencies or instrumentalities of municipal, county, state and federal governments.
Compilation of Rules and Regulations of the State of Georgia › Department 125 - BOARD OF CORRECTIONS › Chapter 125-3 - INSTITUTIONAL AND CENTER OPERATIONS › Subject 125-3-3 - MAIL › Rule 125-3-3-.04 - Publications

Current through Rules and Regulations filed through June 27, 2024
(1) Inmates may receive a limited number of individual books, periodicals, or newspapers produced by publishing concerns provided the publications are received direct from the publisher concerned or direct from an established retailer.
(2) Inmates may not receive books, periodicals, or newspapers the contents of which could clearly and reasonably be expected to present a threat to institutional security and discipline.
(a) Inmates may not receive publications or material which, taken as a whole, would be fund by the average person, applying contemporary community standards, to appeal to the prurient interest, which depicts or describes sexual conduct in a patently offensive way in a manner prohibited by the law of this State and by the laws of the United States, and which, taken as a whole, lacks serious literary, artistic, political, or scientific value.
Compilation of Rules and Regulations of the State of Georgia › Department 125 - BOARD OF CORRECTIONS › Chapter 125-3 - INSTITUTIONAL AND CENTER OPERATIONS › Subject 125-3-3 - MAIL › Rule 125-3-3-.05 - Funds

Current through Rules and Regulations filed through June 27, 2024
(1) An inmate may receive funds only in the form of United States Postal Money Orders, Cashier's Checks, or Money Orders issued by companies licensed to sell Money Orders in the State of Georgia. Those companies which currently hold a valid license to issue Money Orders are published annually by the Accounting/Payroll Section after notification from the Department of Banking and Finance. This listing is included in the standard operating procedures promulgated by the Commissioner.
(2) Mailed personal checks, business checks, and cash are not acceptable for credit to inmate accounts.
(3) Any exceptions to the above must be approved by the Warden/ Superintendent. Such exceptions may include attorney fees, institutionally authorized retail purchases, or charitable contributions.
Ga. Constitution 1983, Art. XI, Sec. I, O.C.G.A. Secs. 42-2-4, 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 125-3 - INSTITUTIONAL AND CENTER OPERATIONS › Subject 125-3-3 - MAIL › Rule 125-3-3-.06 - Packages

Current through Rules and Regulations filed through June 27, 2024
(1) All packages received at the institution shall be inspected for contraband as previously defined by these rules. Unauthorized items contained in a package to an inmate, except items constituting evidence of a prosecutable offense, shall be returned to the sender by the institution and a record thereof maintained at the institution.
(2) With the prior approval of the Warden/Superintendent and within the limits established by him for his institution, items may be received by inmates which would otherwise be prohibited by these rules.
(3) Thirty days prior to Christmas, each Warden/Superintendent will publish instructions concerning the receipt of Christmas packages.
(4) Outgoing packages may be mailed by an inmate, but will be inspected for unauthorized items prior to dispatch. Postage and wrapping materials must be provided by the sender-inmate.
Ga. Constitution 1983, Art. XI, Sec. I, O.C.G.A. Secs. 42-2-4, 42-2-11, 42-5-51, 42-5-53, 42-5-60, 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 125-3-3 - MAIL › Rule 125-3-3-.07 - Abuses

Current through Rules and Regulations filed through June 27, 2024
The following acts or practices will be considered abuses of the mailing privilege:
(a) The writing of letters containing obscene, profane, or indecent language;
(b) Writings which contain threats against an individual and writings which contain escape plots;
(c) Writings which use or attempt to use the mailing privilege for any purpose which would present a clear threat or danger to institutional security and/or discipline or writings which violate postal regulations;
(d) Writings which contain derogatory or personal attacks by an inmate on any person addressed under the privileged mail authorization and receipt of sealed mail in authentic or purportedly authentic envelopes but from an inauthentic source; and
(e) The receipt of mail or an attempt to mail any letters or packages not in the prescribed manner established by the Warden at each individual institution.
Ga. Constitution 1983, Art. XI, Sec. I, O.C.G.A. Secs. 42-2-11, 42-5-14, 42-5-53, 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 125-3-3 - MAIL › Rule 125-3-3-.08 - Disciplinary Action

Current through Rules and Regulations filed through June 27, 2024
(1) Commission by an inmate of any of the abuses set forth in Rule  125-3-3-.07, Abuses, will result in disciplinary action which may include withdrawal of an inmate's private correspondence privilege for a specified period. In order to avoid unnecessary apprehension among an inmate's correspondents when an inmate's mail privilege is suspended for disciplinary purposes, the institution will permit the inmate to notify persons on his mailing list of the period of suspension. Completed notification cards of indigent inmates will be processed by the institution. An inmate who is deprived of his private correspondence privilege for disciplinary reasons may appeal to the Warden/Superintendent as provided in Chapter 125-3-2, Discipline.
(2) Disciplinary action will not be taken against an inmate for committing the abuse specified in Rule  125-3-3-.07, Abuses (a), concerning the writing of letters containing obscene, profane or indecent language, unless the unauthorized language has been brought once to the attention of the inmate and he repeats said abuse in subsequent correspondence.
(3) Disciplinary action will not be taken against an inmate for committing the abuses specified in Rule  125-3-3-.07(d), Abuses, concerning derogatory or personal attacks on a person addressed under the privileged mail provision, unless the recipient of the outgoing writing complains and documents said complaint with the objectionable writing.
Ga. Constitution 1983, Art. XI, Sec. I, O.C.G.A. Secs. 42-2-11, 42-5-14, 42-5-53, 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 125-3-3 - MAIL › Rule 125-3-3-.09 - Limitations

Current through Rules and Regulations filed through June 27, 2024
(1) When abuses specified in Rule  125-3-3-.07(b),(c), and (e)  of the mail privilege have been found, the Warden/Superintendent may prohibit further correspondence by the inmate with the person to whom the offending material is directed. Removal for abuses (a) and (d) shall be authorized only in accordance with paragraph (2) of this Rule.
(2) Where a Warden receives a complaint from a person with whom the inmate has been corresponding and where termination of the correspondence is requested, the Warden shall notify the inmate of said person's desire and inform the inmate that further correspondence with the individual shall end.
(3) The Warden shall maintain a list of persons with whom the inmate may no longer correspond as a result of action taken under paragraph (1) and/or (2) of this Rule.
(4) Where an inmate has been prohibited from corresponding with a person as a result of action taken pursuant to paragraph (1) and/ or paragraph (2) of this Rule, he may at any time apply to the Warden, in writing, for reinstatement of the privilege to correspond with the person. If reinstatement is denied, the inmate shall be informed in writing of the reason for denial. Application for reinstatement may be made only once within any sixty day period. When consideration of reinstatement is made of a person removed from the correspondence privilege under the provisions of paragraph (2) of this Rule, the Warden or his representative shall communicate with the person making the original complaint to determine if resumption of correspondence is desired.
(5) When any mail has been rejected or not forwarded to the addressee pursuant to the foregoing rules, the inmate shall be immediately notified of that fact in writing. The notice shall identify the correspondent, shall specify the date received at the institution and identify the reason for rejection or non-forwarding.
(6) Unauthorized items enclosed with
in
a letter or package addressed to an inmate shall be
removed and processed in accordance with standard operating procedures promulgated by the Commissioner.
The letter or package shall be forwarded to the inmate and a record made of the
identity and disposition of the items removed.
Ga. Constitution 1982, 1983, Art. XI, Sec. I, O.C.G.A. Secs. 42-2-11, 42-5-14, 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 125-3 - INSTITUTIONAL AND CENTER OPERATIONS › Subject 125-3-3 - MAIL › Rule 125-3-3-.10 - Mail Handling

Current through Rules and Regulations filed through June 27, 2024
Inmates shall not be utilized in processing the mail.
Ga. Constitution 1982, 1983, Art. XI, Sec. I, O.C.G.A. Secs. 42-2-4, 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 125-3 - INSTITUTIONAL AND CENTER OPERATIONS › Subject 125-3-4 - VISITATION › Rule 125-3-4-.01 - General

Current through Rules and Regulations filed through June 27, 2024
Visiting is an inmate privilege not a right. As such, some or all of an inmate's visiting privileges may be suspended or revoked as a disciplinary measure; because the rules governing visiting are violated; or when the security of the institution so requires. The Warden may modify or limit the visiting privileges if it appears that the institution cannot accommodate the quantity of visitors entering the institution.
Ga. Constitution 1983, Art. XI, Sec. I, Par. (b); Ga. L. 1956, pp. 161, 170; 1969, p. 598; 1956, pp. 161, 171; 1956, pp. 161, 174 (O.C.G.A. 42-2-11); Ga. L. 1964, pp. 491, 492; 1970, pp. 318, 319 (O.C.G.A. 42-5-53); Ga. L. 1972, p. 838 (O.C.G.A. 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 125-3-4 - VISITATION › Rule 125-3-4-.02 - Visitor Authorization

Current through Rules and Regulations filed through June 27, 2024
(1) Each new inmate shall be interviewed on arrival at the correctional institution to which he is first permanently assigned by the Warden or his designated representative and shall identify by name, address, and relationship those persons whom he desires to place on his authorized visitor list. Names proposed by the inmate may be disapproved by the Warden if the Warden determines on the basis of information known to him or information provided to him that the proposed visitor would constitute a threat to the institutional security or would undermine the rehabilitation or discipline of the inmate. As soon as possible after the Warden completes his interview of the inmate's proposed visitor list, a copy of the list including the names of those persons who are approved by the Warden will be given to the inmate. Subsequent additions of individuals to an inmate's authorized visitor list may be made upon application. An in- mate will not be permitted to have visits with persons not appearing on his authorized visitor list. Notifications of persons disapproved by the Warden for inclusion on the authorized visitor list will be the responsibility of the inmate.
(a) Any inmate with a current or prior conviction for any sexual offense as defined in subsection (1)(b) of this Rule shall not be allowed visitation with any person under the age of 18 years unless such person is the spouse, son, daughter, brother, sister, grandson, or granddaughter of the inmate and such person is not the victim of a sexual offense for which the inmate was convicted. If visitation with a minor is restricted by court order, permission for special visitation with the minor may be granted only by the court issuing such order.
(b) The term "Sexual Offense" means a violation of
Code Section 16-6-1
, relating to the offense of rape;
Code Section 16-6-2
, relating to the offense of sodomy and aggravated sodomy;
Code Section 16-6-5.1
, relating to the offense of sexual assault against a person in custody;
Code Section 16-6-22
, relating to the offense of incest; or
Code Section 16-6-22.2
, relating to the offense of aggravated sexual battery, when the victim is under 18 years of age at the time of the commission of any such offense; or a violation of
Code Section 16-6-3
, relating to the offense of statutory rape;
Code Section 16-6-4
, relating to the offense of child molestation and aggravated child molestation; or
Code Section 16-6-5
, relating to the offense of enticing a child for indecent purposes, when the victim was under 16 years of age at the time of the commission of any such offense.
Compilation of Rules and Regulations of the State of Georgia › Department 125 - BOARD OF CORRECTIONS › Chapter 125-3 - INSTITUTIONAL AND CENTER OPERATIONS › Subject 125-3-4 - VISITATION › Rule 125-3-4-.03 - Notification

Current through Rules and Regulations filed through June 27, 2024
Institutions shall notify any formerly authorized visitor and the inmate in writing when his (her) name has been removed from an authorized visitor list and the reason therefor. Additionally, when an inmate has lost visitation privileges for any reason and the loss of privilege is for a period in excess of two weeks, those persons on his authorized visitor list will be notified by the inmate on a form letter provided by the institution so that potential visitors may avoid the inconvenience and frustrations associated with an unproductive trip.
Ga. Constitution 1983, Art. XI, Sec. I, Par. (b); Ga. L. 1956, pp. 161, 170; 1969, p. 598; 1956, pp. 161, 171; 1956, pp 161, 174 (O.C.G.A. 42-2-11); Ga. L. 1964, pp. 491, 492; 1970, pp. 318, 319 (O.C.G.A. 42-5-53); Ga. L. 1972, p. 838 (O.C.G.A. 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 125-3-4 - VISITATION › Rule 125-3-4-.04 - Visitation Area

Current through Rules and Regulations filed through June 27, 2024
Each correctional institution shall maintain a visiting area where inmates may visit with their authorized visitors. Toilet facilities shall be available for the visitors.
Ga. Constitution 1983, Art. XI, Sec. I, Par. (b); Ga. L. 1956, pp. 161, 170; 1969, p. 598; 1956, pp. 161, 171; 1956, pp 161, 174 (O.C.G.A. 42-2-11); Ga. L. 1964, pp. 491, 492; 1970, pp. 318, 319 (O.C.G.A. 42-5-53); Ga. L. 1972, p. 838 (O.C.G.A. 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 125-3-4 - VISITATION › Rule 125-3-4-.05 - Visiting Schedule

Current through Rules and Regulations filed through June 27, 2024
(1) Each institution will ensure that schedules include a minimum of four hours for visitation to occur on Saturdays, Sundays, and days proclaimed by the Governor of Georgia as legal holidays. County institutions will observe such legal holidays as recognized by their local governing authority. The Commissioner may authorize the Warden/ Superintendent to modify visiting days and/or hours for specific institutions, if justified by special circumstances (e.g., small inmate population, or high usage of privilege, infirm inmates, etc.). Alterations of existing visitation schedules should be published to the inmate population in order that they advise any of their potential visitors.
(2) Each inmate, with the exception of those denied this privilege under paragraphs  125-3-4-.05(4)  and  125-3-4-.05(5)  below, shall assure that his/her potential visitors are informed of the visiting schedule.
(3) Out of state relatives or those who have traveled long distances and who, without special compensation might be unable to visit, may be allowed by the Warden to visit an inmate at times other than normally scheduled visiting hours. Such special visiting privileges shall be requested by the inmate prior to the date of the expected visit.
(4) Diagnostic inmates at the designated diagnostic programs shall not be permitted visitation privileges during the first six weeks of their assignment to that institution. After the first six weeks, diagnostic inmates may be permitted visitation privileges as approved by the Superintendent. Non-diagnostic inmates permanently assigned to the designated diagnostic programs shall have visitation privileges in the same manner and to the same degree as other inmates in the correctional system.
(5) If reasonable justification is established, the Warden, in his discretion, may permit an inmate to have visitors at times other than regulary established days or hours.
(6) The visitation privilege provided in these rules, except attorney- client visits, may be revoked or suspended for a period of time, in whole or in part, as a disciplinary measure. Chapter 125-3-2 identifies the circumstances under which this type of disciplinary action is authorized.
Ga. Constitution 1983, Art. XI, Sec. I, O.C.G.A. Secs. 42-2-11, 42-5-53, 42-10-2.