Title 42

(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…

(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…

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…

(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 …

(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…

(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…

Whenever recommended by the warden or superintendent of any penal institution in which inmates committed to the custody of the commissioner have been assigned, the commissioner may grant special leave to an inmate to leave the institution in which he is incarcerated for participa…

All special leaves must be issued in writing, must set a determinate period of duration, and must be signed by both the warden or superintendent and by the commissioner; this authority may not be delegated except as provided in Code Section 42-5-84. All such writings must be kept…

A special leave may be granted for the purpose of: (1) Attending educational programs; (2) Improving job skills; (3) Attending trade licensing examinations; (4) Being interviewed for employment; (5) Participating in drug abuse, delinquency, or crime prevention programs; (6) Parti…

The warden or superintendent of any penal institution in which inmates committed to the custody of the commissioner have been assigned may authorize, without the prior written approval of the commissioner, emergency leave to an inmate when it is confirmed that there exists a serio…

The commissioner may delegate to any warden or superintendent of any penal institution in which inmates committed to his custody have been assigned the authority to issue limited privileges to leave the confines of the institution, not to exceed 12 hours and not to extend beyond d…

(a) As used in this Code section, the term: (1) “Aggravating circumstance” means that: (A) The murder was committed by a person with a prior record of conviction for a capital felony; (B) The murder was committed while the offender was engaged in the commission of another capital…

The earned-time allowances, which could have been awarded by the board to inmates based upon the performance of the inmate, in effect on December 31, 1983, shall not apply to: (1) Those persons who commit crimes on or after January 1, 1984, and who are subsequently convicted and …

(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…

(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 …

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…

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,…

(a) The board shall ensure by rules or by contractual provisions that the privately owned profit-making employers compensate the department and the Georgia Correctional Industries Administration for any administrative costs or other costs incurred by the department or the administ…

(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…

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…

Federal certification. Conflicting legislation preempted. Compensation by employers for administrative and other costs to the state. Publicizing and inviting participation in programs; cooperation with the Department of Labor. General applicability; exceptions. juvenile penal insti…

— This section was not unconstitutional because the statute was in conflict with Ga. Const. 1976, Art. I, Sec. II, Para. III (see Ga. Const. 1983, Art. I, Sec. I, Para. II) or Ga. Const. 1976, Art. I, Sec. I, Para. XXV (see Ga. Const. 1983, Art. I, Sec. I, Para. XXVIII) or with th…

Conferral of police powers; authorization to assist local law enforcement officers or correctional officers; retention of badge. Confidentiality of certain information related to inmates; certain information classified as state secrets; declassification; exception; records custodian…

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 appeal. Jurisdiction over certain misdemeanor offenders; designation of place of…

As used in this article, the term: (1) “Commissioner” means the commissioner of corrections. (2) “Department” means the Department of Corrections. (3) “Detainer” means a written instrument executed by the prosecuting officer of a court and filed with the department requesting that…

The department shall accept and file only those detainers which meet the requirements of this article and which are filed in accordance with this article; provided, however, this article shall not apply to detainers filed by the authorities of the United States government or of any …

(a) Whenever a person has entered upon a term of imprisonment in a penal institution under the jurisdiction of the department and whenever during the continuance of the term of imprisonment there is pending in any court in this state any untried indictment or accusation on the ba…

If an inmate is not brought to trial upon a pending indictment or accusation within two terms of court after delivery of the inmate to the sheriff or a deputy sheriff pursuant to subsection (a) of Code Section 24-13-60, provided no continuance has been granted, all detainers base…

(a) In response to the request of an inmate for final disposition of any pending indictment or accusation made pursuant to Code Section 42-6-3 or pursuant to an order of a court entered pursuant to subsection (a) of Code Section 24-13-60, the department shall offer to deliver temp…

This article shall not apply to any person who has been adjudged to be mentally ill. History. Ga. L. 1968, p. 1110, § 1.

The Agreement on Detainers is enacted into law and entered into by this State with all other jurisdictions legally joining therein in the form substantially as follows: The contracting states solemnly agree that: ARTICLE I. The party states find that charges outstanding against a …

All courts, departments, agencies, officers, and employees of this state and its political subdivisions are directed to enforce the Agreement on Detainers and to cooperate with one another and with other party states in enforcing the agreement and effectuating its purpose. Histor…

The commissioner of corrections shall appoint a person to serve as central administrator of and information agent for the Agreement on Detainers pursuant to Article VII of the agreement. History. Ga. L. 1972, p. 938, § 6; Ga. L. 1979, p. 652, § 1; Ga. L. 1985, p. 283, § 1.

It shall be lawful and mandatory upon the warden, superintendent, or other official in charge of a penal institution in this state to give over the person of any inmate thereof whenever so required by the operation of the Agreement on Detainers. History. Ga. L. 1972, p. 938, § 5;…

Failure to meet time limit for trial after delivery of inmate, §42-6-4. Escape. Interstate agreement on detainers. Escape by person in custody under agreement, §42-6-25. Subsequent to execution of request for final disposition. Request for final disposition void,

Escape by person in custody under agreement, §42-6-25. Diversion programs. Pretrial release and diversion programs, §§42-3-70 to 42-3-74. Drones. Prisons and prisoners. Use of unmanned aircraft to deliver contraband or photograph place of incarceration, §42-5-18. Drugs. Prisons a…

This chapter shall be known and may be cited as the “Georgia Youthful Offender Act of 1972.” History. Ga. L. 1972, p. 592, § 1; Ga. L. 1985, p. 420, § 1.

As used in this chapter, the term: (1) “Board” means the Board of Corrections. (2) “Commissioner” means the commissioner of corrections. (3) “Conviction” means a judgment on a verdict or finding of guilty, a plea of guilty, or a plea of nolo contendere in a felony case but exclude…

(a) Youthful offenders shall undergo treatment in secure institutions, including training schools, hospitals, farms, and forestry and other camps and including vocational training facilities and other institutions and agencies that will provide the essential varieties of treatmen…

(a) The commissioner shall cause to be made a complete study and diagnosis of each youthful offender, including a physical examination and, where possible and indicated, a mental examination. In the absence of exceptional circumstances, each study and diagnosis shall be completed…

The commissioner may order the transfer of the offender from one institution or facility to any other institution or facility operated by the department. History. Code 1981, § 42-7-5, enacted by Ga. L. 1985, p. 420, § 1.

After receipt of the reports and recommendations provided for by subsection (a) of Code Section 42-7-4 and the commissioner or his designee has determined whether or not an individual shall receive youthful offender treatment, the State Board of Pardons and Paroles shall be notifi…

The State Board of Pardons and Paroles shall adopt policies and procedures concerning individuals designated to receive youthful offender treatment. History. Code 1981, § 42-7-7, enacted by Ga. L. 1985, p. 420, § 1.

If a court finds that a youthful offender might benefit from this chapter, the court may recommend that a young offender be treated as a youthful offender by indicating the recommendation in writing in the sentence itself. When the judge has recommended in the sentence that a perso…

Adoption of policies and procedures. Court recommendation of treatment as youthful offender. Construction of chapter. Ga. L. 1985, p. 420, § 2, not codified by the General Assembly, provided that that Act would not operate to deny any rights to any youthful offender currently on p…

This article shall be known and may be cited as the “State-wide Probation Act.” History. Ga. L. 1956, p. 27, § 1; Ga. L. 2015, p. 422, § 4-1/HB 310.