Title 42 — Title 42
0 chapters · 302 sections in this title.
O.C.G.A. § 42-5-1 Definitions
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As used in this chapter, the term: (1) “Board” means the Board of Corrections. (2) “Commissioner” means the commissioner of corrections. (3) “Department” means the Department of Corrections. History. Code 1981, § 42-5-1; Ga. L. 1985, p. 149, § 42; Ga. L. 1985, p. 283, § 1.
O.C.G.A. § 42-5-100 Detainers
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Interstate agreement on detainers, §42-6-20. Temporary custody of inmate requesting disposition, §42-6-5. Earned-time allowances. Termination of board’s power to award, §42-5-100. Sheriffs. Maintenance of inmate records, §42-4-7. Tubercular inmates confined in hospital or institut…
O.C.G.A. § 42-5-101 Work incentive credits
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(a) The Department of Corrections is authorized to devise and to provide by agency rule a system of work incentive credits which may be awarded by the department to persons committed to its custody for any felony prison term other than life imprisonment. (b) Work incentive credit…
O.C.G.A. § 42-5-120 Rules and regulations; requirements
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(a) The board is authorized to issue and promulgate rules and regulations for programs of voluntary labor by inmates for privately owned profit-making employers to produce goods, services, or goods and services for sale to public and private purchasers. Such rules and regulations …
O.C.G.A. § 42-5-121 Federal certification
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The commissioner shall seek certification under the federal Prison Industry Enhancement Certification Program authorized by 18 U.S.C. Section 1761 and federal regulations for programs of voluntary labor by inmates for privately owned profit-making employers to produce goods, service…
O.C.G.A. § 42-5-122 Conflicting legislation preempted
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Any program for voluntary labor by inmates created in accordance with this article shall not be subject to the provisions of Code Section 42-5-60 prohibiting hiring out inmates to private persons, corporations, and businesses conducted for profit; prohibiting sale of goods, wares,…
O.C.G.A. § 42-5-124 Employer compensation
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Administrative and other costs to state, §42-5-123. Exemptions to applicability, §42-5-125. Federal certification, §42-5-121. Guidelines, §42-5-120. Inmate assurances, §42-5-120. Payroll deduction from wages, §42-5-120. Preemption of conflicting legislation, §42-5-122. Publicizing …
O.C.G.A. § 42-5-125 General applicability; exceptions
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(a) Every program involving employment of an inmate, convict, or prisoner by a business operated for profit to manufacture, produce, or mine goods, wares, or merchandise for transportation in interstate commerce or to provide services shall become a part of the programs authorized…
O.C.G.A. § 42-5-13 Definitions
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Responsibilities of governmental unit with custody of inmate; costs of emergency and follow-up care; access to medical services or hospital care; hospital requirements for providing emergency health care services to state inmates. Department’s responsibility for trial costs and e…
O.C.G.A. § 42-5-14 Solitary, §42-5-58
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Special leaves. Authorization and general procedure for granting, §42-5-80. Issuance and filing, §42-5-81. Purposes for which granted, §42-5-82. State board of pardons and paroles. Cooperation by correctional institutions with board, §42-9-55. State fire marshal. Certification of ac…
O.C.G.A. § 42-5-15 Employees of penal institutions
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Retaining department-issued weapons upon leaving service, §42-2-16. Giving weapons to inmates, §42-5-18.
O.C.G.A. § 42-5-16 Violation of provisions, §42-5-19
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Prostitution. Abatement of nuisances. Places used for unlawful sexual purposes. Sale of personal property, §41-3-7. Disposition of proceeds, §41-3-8. 88 INDEX SANDBAGS. Unauthorized possession by prison inmate, §42-5-63. SANDCLUBS. Unauthorized possession by prison inmate, §42-5-…
O.C.G.A. § 42-5-17 Sex offender registration
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Child care facilities, schools or areas where minors congregate. Prohibition of loitering, §42-1-15. 41 INDEX LONG-TERM HEALTH CARE. Probationers, first offenders. Disqualification for specified employment, §42-8-63.1. Sex offender registration. Annual registration requirements. Ful…
O.C.G.A. § 42-5-18 Jail inmates, §42-4-13
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Probation or suspended sentence. Possession. Payment of one-time fee, §42-8-34. Screening probationers, §42-8-35.7. Payment of costs as condition of probation, §42-8-35. Real property, substantial drug related activity. Owner with actual knowledge, maintaining nuisance, §41-3-1.1…
O.C.G.A. § 42-5-19 Penalty for violating Code Section 42-5-16 or 42-5-17
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Any person who violates Code Section 42-5-16 or 42-5-17 shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one nor more than five years. History. Ga. L. 1961, p. 45, § 1; Ga. L. 1976, p. 1506, § 1; Ga. L. 2008, p. 533, § 2/SB 366.
O.C.G.A. § 42-5-2 Hoyt v
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Bacon County, No. CV 509-026, 2011 U.S. Dist. LEXIS 7330 (S.D. Ga. Jan. 26, 2011), rev’d, 672 F.3d 972, 2012 U.S. App. LEXIS 3899 (11th Cir. 2012). Although the third amended complaint asserted a per se violation of O.C.G.A. 252 42-5-2 STATE/COUNTY CORRECTIONAL INST. § 42-5-2, bu…
O.C.G.A. § 42-5-20 Alcohol or Drug Use Risk Reduction Program
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The department shall provide within the correctional system an Alcohol or Drug Use Risk Reduction Program. The program shall be made available to every person sentenced to the custody of the state whose criminal offense or history indicates alcohol or drug involvement; provided, …
O.C.G.A. § 42-5-21 Family Violence Counseling Program
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The department shall provide within the correctional system a Family Violence Counseling Program. The program shall be made available to every person sentenced to the custody of the state who committed an offense which has been identified to involve family violence as such term is…
O.C.G.A. § 42-5-3 Department’s responsibility for trial costs and expenses
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The whole costs of the case and expenses of the trial involving an inmate of the state penal system charged with the violation of any criminal statute shall be borne by the department, provided the offense was committed by the inmate within the confines of a state correctional ins…
O.C.G.A. § 42-5-32 Clerical force
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Authority to appoint and employ, §42-2-9. Conferral of police powers on, §42-5-35. Employment by commissioner of corrections, §42-2-9. Hiring out of inmates, §42-5-60. Information on convicted persons, §42-5-50. Oath of office of correctional officers and employees, §42-5-31. Pro…
O.C.G.A. § 42-5-33 Sunday work
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Requiring inmates to do unnecessary work on Sunday, §42-5-40. PRISONS AND PRISONERS —Cont’d Superintendents —Cont’d Trading with inmates without consent of, §42-5-16. Violations of provisions, §42-5-19. Superior courts. Communicable diseases. Injury or contact by inmate presentin…
O.C.G.A. § 42-5-34 DETAINERS, §§42-6-1 to 42-6-25
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Acceptance. When accepted by department of corrections, §42-6-2. 22 INDEX DETAINERS —Cont’d Continuances, §42-6-3. Custody of inmate requesting disposition. Temporary custody, §42-6-5. Definitions, §42-6-1. Appropriate court. Interstate agreement on detainers, §42-6-21. Dismissal.…
O.C.G.A. § 42-5-35 County correctional institutions
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Appointment by governing authority of county, §42-5-30. Death of inmate. Notice to commissioner of sudden or unusual death, §42-5-7. PRISONS AND PRISONERS —Cont’d Wardens —Cont’d Deputy wardens. Appointment by governing authority of county, §42-5-30. Guard lines at state or count…
O.C.G.A. § 42-5-36 DIVERSION CENTERS
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Counties. Community supervision and transition, §42-3-90. DIVERSION PROGRAMS. Pretrial release and diversion programs, §§42-3-70 to 42-3-74. Approval required for release, §42-3-74. Community supervision board.
O.C.G.A. § 42-5-37 Property damaged by inmate
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Repayment of cost, deduction from inmate’s account, §§42-4-70, 42-4-71, 42-5-55. Public officers and employees. Remuneration in regard to assignment, transfer or status of inmate, §42-5-12. Punishment of inmates. Permissible punishment, §42-5-58. Prohibition against corporal puni…
O.C.G.A. § 42-5-37.1 Hiring out of inmates, §42-5-60
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Home arrest program, §42-1-8. Hospital care. Responsibilities and obligations of governmental units, §42-5-2. Costs of emergency and follow-up care, §42-5-2. Rules and regulations, authority to promulgate, §42-2-11. Housing of inmates. Rules and regulations, authority to promulga…
O.C.G.A. § 42-5-38 Making false statement as to age to procure employment
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Any person who makes a false statement as to his age in order to procure employment as a correctional officer, warden, superintendent, or other employee shall be guilty of a misdemeanor. History. Ga. L. 1908, p. 1119, § 10; Penal Code 1910, § 1193; Code 1933, § 77-9905. 42-5-39. …
O.C.G.A. § 42-5-39 Jail inmates, §42-4-12
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Registration of sex offenders, §§42-1-12 to 42-1-19. Rehabilitation programs. Institution of, §42-5-57. Rules and regulations, authority to promulgate, §42-2-11. Release date of inmate. Notification of projected release date, §42-5-9. Release of prisoners.
O.C.G.A. § 42-5-4 Payment of trial costs and expenses
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The clerk of the superior court from the county in which the trial specified in Code Section 42-5-3 was conducted shall submit a statement of the charges, certified by the judge of the superior court or the judge of the city court, to the department, which shall pay the charges out…
O.C.G.A. § 42-5-40 Weapons
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Retaining department-issued weapons upon leaving service, §42-2-16. PRISONS AND PRISONERS —Cont’d Employees of penal institutions —Cont’d Wearing apparel. Compensation of employees for damages to. Caused by inmate action, §42-5-37.1. Employment of inmates in local community, §42-…
O.C.G.A. § 42-5-5 Tubercular inmates
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Confinement in jails, care, crediting time spent in hospital or institution, §42-4-6. Diagnosed as having infectious or communicable disease. Notification to transporting law enforcement agency, §42-1-7. Presenting possible threat of transmission of communicable disease. Injury or …
O.C.G.A. § 42-5-50 Outdoor assignments
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Utilization of inmates during inclement weather, §42-5-60.1. Photographs of victims. Carrying, prohibition, §42-5-65. Place of detention, §42-5-50. Designation, §42-5-51. Female inmates, §42-5-52. Public works. Labor on public works, §42-5-60. Punishments permissible generally, §…
O.C.G.A. § 42-5-51 Place of detention, §42-5-52
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Forfeiture of contraband, §42-5-62. PRISONS AND PRISONERS —Cont’d Conditions of detention —Cont’d Handcuffs, leg chains and other restraints. Use, §42-5-58. Highways, roads and streets. Labor on public roads, §42-5-60. Hiring out of inmates, §42-5-60. HIV infected persons. Separa…
O.C.G.A. § 42-5-51.1 Diets
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Restricted diet. Permissible punishment, §42-5-58. Discharge of inmates. Services and benefits to be furnished, §42-5-61. Educational activities. Giving inmates opportunity for, §42-5-57. Educational programming, §42-5-64.
O.C.G.A. § 42-5-52 Probation
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Drug and alcohol screening of probationers, §42-8-35.7. Payment of costs as condition of probation, §42-8-35. Residential or nonresidential program, completion as a condition of probation, §42-8-35. SUITABLE EMPLOYMENT. Probation, §42-8-35. SUNDAYS. Prisoners working on Sunday. R…
O.C.G.A. § 42-5-52.2 Pardons and paroles
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Use of HIV test results in granting relief from sentence, §42-9-42.1. Prisons and prisoners. HIV testing of inmates, §42-5-52.1. Consolidation of inmates testing positive, §42-5-52.2. Information on living with HIV provided inmates testing positive, §42-5-52.2. Inmates who have n…
O.C.G.A. § 42-5-53 Recidivism
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Board of corrections, goal of rules and regulations, §42-2-11. Records. Institutional inmate files and central office inmate files. Classified as confidential state secrets and privileged under law, §42-5-36. Limited leave privileges, §42-5-84. Persons contacting commissioner, depart…
O.C.G.A. § 42-5-54 Developmental disability
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Probation. Agreements for probation services, §42-8-102. Restitution as condition for probation, §42-8-34. Disability. Community supervision officers, §42-3-9. Drug crime.
O.C.G.A. § 42-5-55 RULES AND REGULATIONS
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Community supervision board, §42-3-2. Community supervision department.
O.C.G.A. § 42-5-56 Editor’s notes
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— Ga. L. 1994, p. 1959, § 1, not codified by the General Assembly, provides: ‘‘This Act shall be known and may be cited as the ‘Sentence Reform Act of 1994’. ’’ Ga. L. 1994, p. 1959, § 2, not codified by the General Assembly, provides: ‘‘The General Assembly declares and finds: ‘…
O.C.G.A. § 42-5-57 Emergencies
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Overcrowding creating state of emergency. Paroling inmates to reduce prison system population to capacity, §42-9-60. Power of governor to declare state of emergency, §42-2-14. Emergency leaves, §42-5-83. Emergency medical care. Responsibilities and obligations of governmental uni…
O.C.G.A. § 42-5-59 Employment of inmates in the local community
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(a) The commissioner shall extend the limits of the place of confinement of an inmate, if there is reasonable cause to believe the inmate 308 42-5-59 STATE/COUNTY CORRECTIONAL INST. 42-5-59 will honor his trust, by authorizing the inmate, under prescribed conditions, to work at pa…
O.C.G.A. § 42-5-60 Separation of inmates, §42-5-52
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HIV infected persons, §42-5-52.1. Juvenile offenders, §42-5-52. Services furnished discharged inmates, §42-5-61. Transfer of inmates from one institution to another, §42-5-51. Transfer of inmates to federal authority, §42-5-51. Transmittal of information on convicted persons, §42…
O.C.G.A. § 42-5-60.1 Isolation
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Permissible punishment, §42-5-58. Jails, §§42-4-30 to 42-4-33. Juvenile offenders. Separation and care, §42-5-52. Mentally diseased inmates. Transfer to criminal ward or facility of department of behavioral health and developmental disabilities, §42-5-52. Misdemeanor offenders. J…
O.C.G.A. § 42-5-61 Services and benefits furnished to inmates upon discharge
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(a) Except as otherwise provided in this Code section, whenever an inmate is discharged upon pardon or completion of his sentence or is conditionally released or paroled from any place of detention to which he has been assigned under the authority of the department, the departmen…
O.C.G.A. § 42-5-62 Forfeiture of contraband
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The possession by an inmate on his person or in his cell, immediate sleeping area, locker, or immediate place of work or assignment of any form of securities, bonds, coins, currency, or legal tender, unless expressly and specifically authorized by the individual institution concer…
O.C.G.A. § 42-5-63 Unauthorized possession of weapon by inmate
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(a) Every person confined in a penal institution or confined in any other facility under the jurisdiction of or subject to the authority of the board or who, while being conveyed to or from any facility, or while at any other location under such jurisdiction or authority, or while …
O.C.G.A. § 42-5-64 Educational programming; information provided to released prisoners
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(a) The commissioner shall maintain an educational program within the state prison system to assist inmates in achieving at least a fifth-grade level on standardized reading tests. Inmates who test below the fifth-grade level and who have been sentenced to incarceration for a perio…
O.C.G.A. § 42-5-65 Victim photographs prohibited; exception
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(a) For purposes of this Code section, the term “inmate” means any person confined in a penal institution or confined in another facility under the jurisdiction of or subject to the authority of the board or while under the custody of officials, officers, or employees under the aut…
O.C.G.A. § 42-5-7 Sudden or unusual death of inmate
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Whenever any inmate dies suddenly or under unusual circumstances in any correctional institution, the warden or superintendent of that institution shall immediately notify the commissioner and shall also notify the coroner of the county in which the death occurs. The warden or su…