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Georgia Statutes, Title 42

Georgia/Statutes

← All Georgia coverage

Title 42

13 chapters · 345 sections in this title.

All chapters in Title 42345 Ch 8, PROBATION71 Ch 5, CORRECTIONAL INSTITUTIONS OF STATE A…68 Ch 9, PARDONS AND PAROLES54 Ch 4, JAILS39 Ch 3, COMMUNITY SUPERVISION AND TRANSITION31 Ch 1, GENERAL PROVISIONS23 Ch 2, BOARD AND DEPARTMENT OF CORRECTIONS17 Ch 6, DETAINERS12 Ch 12, PRISON LITIGATION REFORM11 Ch 7, TREATMENT OF YOUTHFUL OFFENDERS9 Ch 10, CORRECTIONAL INDUSTRIES5 Ch 11, INTERSTATE CORRECTIONS COMPACT3 Ch 13, INTERNATIONAL TRANSFER OF PRISONERS2

68 sections·Filtered byTitle 42✕Ch 5✕

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. § 42-5-11 General prohibition against receipt of remuneration in regard to assignment, transfer, or status of inmate
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(a) It shall be unlawful for anyone other than a duly licensed attorney who is an active member in good standing of the State Bar of Georgia and who is not a member of the General Assembly to accept a fee, money, or other remuneration, other than actual expenses, for contacting, …
O.C.G.A. § 42-5-12 Receipt of remuneration by state officials in regard to assignment, transfer, or status of inmate
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(a) It shall be unlawful for members of the General Assembly or any other state elected or appointed official to accept a fee, money, or other remuneration for contacting, in any manner, the commissioner, any employee of the department, or any member of the board in an attempt to…
O.C.G.A. § 42-5-13 Record of person contacting commissioner, department, or board on behalf of inmate

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The department shall maintain a complete written record of every person contacting the commissioner, any employee of the department, or any member of the board concerning a transfer of an inmate from one correctional institution to another or concerning the status and assignment …

O.C.G.A. § 42-5-14 Establishment of guard lines and signs at state or county correctional institutions

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Guard lines shall be established by the warden, superintendent, or his designated representative in charge at the various state or county correctional institutions in the same manner that land lines are established, except that, at each corner of the lines, signs must be used on …

O.C.G.A. § 42-5-15 Crossing of guard lines with weapons, intoxicants, or drugs without consent of warden or superintendent

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(a) It shall be unlawful for any person to come inside the guard lines established at any state or county correctional institution with a gun, pistol, or any other weapon or with or under the inﬂuence of any intoxicating liquor, amphetamines, biphetamines, or any other hallucinog…

O.C.G.A. § 42-5-16 Trading with inmates without consent of warden or superintendent

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It shall be unlawful for any person to trade or traffic with, buy from, or sell any article to an inmate without the knowledge and consent of the warden, superintendent, or the designated representative in charge. History. Ga. L. 1903, p. 71, § 2; Penal Code 1910, § 1233; Code 19…

O.C.G.A. § 42-5-18 Items prohibited for possession by inmates; warden’s authorization; penalty; use of unmanned aircraft to accomplish violations

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(a) As used in this Code section, the term: (1) “Inmate” means a prisoner, detainee, criminal suspect, immigration detainee, or other person held, incarcerated, or detained in a place of incarceration, whether or not such person is inside or outside of such place of incarceration…

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. § 42-5-2, but to the extent that statute applied to the…

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. § 42-5-4 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. § 42-5-5 Reimbursement of court costs and transportation and detention expenses incurred in trying escapees from state correctional institutions

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The department is authorized and directed to reimburse the clerk of the court for court costs incurred in trying a defendant for the crime of escape when the escape is from a state correctional institution and to reimburse the sheriff of the county wherein the trial takes place f…

O.C.G.A. § 42-5-6 Participation by county correctional institutions in state purchasing contracts

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County correctional institutions may participate in all state purchasing contracts for the purpose of providing materials and supplies to state or county inmates. History. Ga. L. 1975, p. 908, § 2.

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…

O.C.G.A. § 42-5-8 Notiﬁcation upon escape of inmate

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In addition to any all-points bulletin issued by the department notifying all local law enforcement agencies within the state of the escape of any inmate from the custody of the department, the department shall also, within 72 hours of the discovery of the escape, notify all part…

O.C.G.A. § 42-5-9 Notiﬁcation of projected release date of inmate

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At least 15 days prior to the projected release date of any inmate scheduled to be released pursuant to the authority of the department, the department shall notify the following persons of such projected release date by the following methods: (1) Each district attorney and all l…

O.C.G.A. § 42-5-30 Qualiﬁcations for wardens, superintendents, and other personnel; appointment of wardens of county correctional institutions

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The board shall by rule and regulation deﬁne the qualiﬁcations for wardens, superintendents, and other personnel employed in the state and county correctional institutions. The board shall by rule and regulation specify appropriate titles of personnel so employed, but no such per…

O.C.G.A. § 42-5-31 Oath of office of wardens and superintendents, their deputies, and other correctional officers

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Before entering upon the duties of their office, wardens and superintendents, their deputies, and other correctional officers or employees shall take and subscribe, before some officer authorized to administer oaths, the following oath: “I do solemnly swear (or affirm) that I wil…

O.C.G.A. § 42-5-32 Bonds of superintendents, wardens, and other officials and employees

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(a) Before any state or county correctional institution or other facility operating under the jurisdiction of the board shall be approved to receive inmates, the board shall require the warden, superintendent, or other chief custodial officer of the institution to execute a bond,…

O.C.G.A. § 42-5-33 Submission of monthly reports to commissioner by wardens and superintendents

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The wardens or superintendents of all state or county correctional institutions shall send monthly reports to the commissioner showing the names of all inmates held in custody. History. Ga. L. 1956, p. 161, § 26.

O.C.G.A. § 42-5-34 Powers of arrest of wardens, superintendents, and deputies

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Wardens and superintendents shall have authority to deputize any person in their employ. Wardens, superintendents, and their deputies are legally constituted arresting officers, with or without warrants, for the purpose of arresting persons violating Code Sections 42-5-14 through…

O.C.G.A. § 42-5-35 Conferral of police powers; authorization to assist local law enforcement officers or correctional officers; retention of badge

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(a) The commissioner may confer all powers of a police officer of this state, including, but not limited to, the power to make summary arrests for violations of any of the criminal laws of this state and the power to carry weapons, upon wardens of county correctional institutions…

O.C.G.A. § 42-5-36 Conﬁdentiality of certain information related to inmates; certain information classiﬁed as state secrets; declassiﬁcation; exception; records custodians; penalties for breach

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(a) Officials and employees of the department shall respect the conﬁdential nature of information supplied by inmates who cooperate in remedying abuses and wrongdoing in the penal system. Any official or employee who breaks such a conﬁdence and thereby subjects a cooperating inma…

O.C.G.A. § 42-5-37 Employees in control of inmates prohibited from receiving proﬁt from inmate labor; penalties

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(a) No warden, superintendent, deputy, inspector, physician, or any officer or other employee who has charge, control, or direction of inmates shall be interested in any manner whatever in the work or proﬁt of the labor of any inmate; nor shall any such personnel receive any pay,…

O.C.G.A. § 42-5-37.1 Compensation of employees of institutions operated by department for damages to wearing apparel caused by inmate action

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(a) As used in this Code section, the term “wearing apparel” means eyeglasses, hearing aids, clothing, and similar items worn on the person of the employee. (b) When action by an inmate in one of the penal institutions operated by the department results in damage to an item of we…

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.

O.C.G.A. § 42-5-39 Refusal by officer to receive inmates in correctional institution

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If the superintendent or warden of a state or county correctional institution or other officer or person employed therein whose duty it is to receive inmates fails or refuses to do so, he shall be punished by conﬁnement not exceeding ten years and shall be dismissed from office. …

O.C.G.A. § 42-5-40 Requiring inmates to do unnecessary work on Sunday

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Any superintendent, warden, or other correctional official who causes any inmate to do any work on Sunday, except works of necessity, shall be guilty of a misdemeanor. History. Ga. L. 1908, p. 1119, § 14; Penal Code 1910, § 420; Code 1933, § 26-6909; Code 1933, § 26-9909, enacted…

O.C.G.A. § 42-5-50 Transmittal of information on convicted persons; place of detention; payment for inmates not transferred to the custody of the department; notice in the event of convicted person free on bond pending

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(a) The clerk of the court shall notify the commissioner of a sentence within 30 working days following the receipt of the sentence and send other documents set forth in this Code section. Such notice shall be submitted electronically and shall contain the following documents: (1…

O.C.G.A. § 42-5-51 Jurisdiction over certain misdemeanor offenders; designation of place of conﬁnement of inmates; reimbursement of county; transfer of inmates to federal authority

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(a) The department shall have no authority, jurisdiction, or responsibility with respect to misdemeanor offenders sentenced under paragraph (1) of subsection (a) of Code Section 17-10-3 to conﬁnement in the county or other jail, county correctional institution, or such other plac…

O.C.G.A. § 42-5-51.1 Retention of inmate in state penal institution pending trial on offense committed while in conﬁnement

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(a) When an inmate of the state penal system is charged with a misdemeanor or felony alleged to have been committed by such inmate within the conﬁnes of a state correctional institution and has been denied bond relating to such charge, the sheriff of the county in which such char…

O.C.G.A. § 42-5-52 Classiﬁcation and separation of inmates generally; placement of juvenile offenders and female inmates; transfer of certain inmates

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(a) The department shall provide for the classiﬁcation and separation of inmates with respect to age, ﬁrst offenders, habitual criminals and incorrigibles, diseased inmates, mentally diseased inmates, and those having contagious, infectious, and incurable diseases. Incorrigible i…

O.C.G.A. § 42-5-52.1 Submission to HIV test; separate housing for HIV infected persons

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(a) Any term used in this Code section and deﬁned in Code Section 31-22-9.1 shall have the meaning provided for that term in Code Section 31-22-9.1. (b) Where any person is committed to the custody of the commissioner to serve time in any penal institution of this state on and af…

O.C.G.A. § 42-5-52.2 Testing of prison inmates for HIV; consolidation of inmates testing positive

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(a) For purposes of this Code section, “HIV” means HIV as deﬁned by Code Section 31-22-9.1. (b) The department shall implement an HIV testing program whereby any state inmate who has been in the custody of a state penal institution for one year or longer and who has not previousl…

O.C.G.A. § 42-5-53 Establishment of county correctional institutions; supervision by department; quota of inmates; funding; conﬁnement and withdrawal of inmates

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(a) Subject to the provisions stated in this Code section, any county may purchase, rent, establish, construct, and maintain a county correctional institution for the care and detention of all inmates assigned to it by the department. The county may contract with other counties r…

O.C.G.A. § 42-5-54 Information from inmates relating to medical insurance; provision and payment of medical treatment for inmates

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(a) As used in this Code section, the term: (1) “Detention facility” means a county correctional institution, workcamp, or other county detention facility used for the detention of persons convicted of a felony or a misdemeanor. (2) “Inmate” means a person who is detained in a de…

O.C.G.A. § 42-5-55 Deductions from inmate accounts for payment of certain damages and medical costs; limit on deductions; fee for managing inmate accounts

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(a) As used in this Code section, the term: (1) “Chronic illness” means an illness requiring care and treatment over an extended period of time. Chronic illness includes, but is not limited to, hypertension, diabetes, pulmonary illness, a seizure disorder, acquired immune deﬁcien…

O.C.G.A. § 42-5-56 Visitation with minors by convicted sexual offenders

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(a) As used in this Code section, the term “sexual offense” means a violation of Code Section 16-6-1, relating to the offense of rape; Code Section 16-6-2, relating to the offenses of sodomy and aggravated sodomy; Code Section 16-6-5.1, relating to the offense of improper sexual …

O.C.G.A. § 42-5-58 Prohibition against corporal punishment; use of handcuffs, leg chains, and other restraints; permissible punishment generally

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(a) Whipping of inmates and all forms of corporal punishment shall be prohibited. All shackles, manacles, picks, leg irons, and chains shall be barred from use as punishment by any penal institution operated under authority of the board. In transferring violent or potentially dan…

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 will honor his trust, by authorizing the inmate, under prescribed conditions, to work at paid employment or participate in a training program i…

O.C.G.A. § 42-5-60 Hiring out of inmates; participation of inmates in programs of volunteer service; sale of products produced by inmates; disposition of proceeds; payment to inmates for services

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(a)(1) The board shall provide rules and regulations governing the hiring out of inmates by any penal institution under its authority to municipalities, cities, the Department of Transportation, and any other political subdivision, public authority, public corporation, agency, or…

O.C.G.A. § 42-5-60.1 Utilization of inmates of county correctional institutions for work on outdoor assignments during inclement weather; supervision of inmates

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(a) As used in this Code section, the term “inclement weather” means weather in which there is rain or in which the temperature is below 28 degrees Fahrenheit. (b) Inmates of a county correctional institution who are otherwise required to work on outdoor assignments shall work on…

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…