Title 42 — Title 42
0 chapters · 302 sections in this title.
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…
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. § 42-5-80 Authorization and general procedure for granting special leave
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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 325 42-5-82 leave to an inmate to leave the institution in which he is incarcerated f…
O.C.G.A. § 42-5-81 Issuance of special leave; filing
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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…
O.C.G.A. § 42-5-82 Purposes for which special leave may be granted
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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…
O.C.G.A. § 42-5-83 Emergency leaves
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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…
O.C.G.A. § 42-5-84 Delegation of authority to issue limited leave privileges; records
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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…
O.C.G.A. § 42-5-85 Leave privileges of inmates serving murder sentences
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(a) As used in this Code section, the term: 327 42-5-85 (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 ano…
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. § 42-6-1 Definitions
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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…
O.C.G.A. § 42-6-2 When detainers to be accepted and filed by department
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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 …
O.C.G.A. § 42-6-20 Enactment and text of agreement
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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 …
O.C.G.A. § 42-6-21 Dismissal
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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, §42-6-3. Filing.
O.C.G.A. § 42-6-22 Delivery of inmate
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Mandatory when required by operation of agreement, §42-6-24. Enactment, §42-6-20.
O.C.G.A. § 42-6-24 Text, §42-6-20
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Mental illness. Applicability of article to mentally ill persons, §42-6-6. Notice. Final disposition, §42-6-3. Proceedings initiated by inmate, §42-6-3. DETAINERS —Cont’d Request for final disposition, §42-6-3. Temporary custody of inmate, §42-6-5. Sheriffs. Temporary custody of i…
O.C.G.A. § 42-6-25 Interstate agreement on detainers
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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…
O.C.G.A. § 42-6-3 Diseases
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Prisoners diagnosed as having infectious or communicable disease. Transporting law enforcement agencies, §42-1-7. Home arrest program. Assignment of offender to, §42-1-8. Infectious diseases. Prisoners diagnosed as having infectious or communicable disease. Transporting law enfor…
O.C.G.A. § 42-6-5 Definitions
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When detainers to be accepted and filed by department. Time limit for trial; notice and request for final disposition; notification of inmate and interested parties; effect of escape by inmate. Effect of failure to meet time limit for trial after delivery of inmate pursuant to Code …
O.C.G.A. § 42-6-6 Applicability of article to mentally ill persons
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This article shall not apply to any person who has been adjudged to be mentally ill. History. Ga. L. 1968, p. 1110, § 1.
O.C.G.A. § 42-7-1 Short title
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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. 361 42-7-2
O.C.G.A. § 42-7-2 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) “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…
O.C.G.A. § 42-7-3 Providing institutions and facilities
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(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…
O.C.G.A. § 42-7-5 Transfer
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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. 42-7-6. Notification of State Board of Pardons and Paroles.
O.C.G.A. § 42-7-6 Notification of State Board of Pardons and Paroles
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After receipt of the reports and recommendations provided for by 364 42-7-7 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 sha…
O.C.G.A. § 42-7-7 Adoption of policies and procedures
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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. 365 42-7-8 42-7-8. Court recommendation of treatment as youthful…
O.C.G.A. § 42-7-8 Court recommendation of treatment as youthful offender
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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…
O.C.G.A. § 42-7-9 PRISON TERMS
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Credit for time. Board of corrections. Termination of board’s power to award, §42-5-100. Detainers. Interstate agreement on detainers, §42-6-20. Temporary custody of inmate requesting disposition, §42-6-5. Sheriffs. Maintenance of inmate records, §42-4-7. Tubercular inmates confin…
O.C.G.A. § 42-8-100 Definitions
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As used in this article, the term: (1) “Board” means the Board of Community Supervision. (2) “DCS” means the Department of Community Supervision. (3) “Private probation officer” means an individual employed by a 505 42-8-101 private corporation, private enterprise, private agency…
O.C.G.A. § 42-8-102 JUVENILE JUSTICE
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Board of juvenile justice. Transfer of functions to the community supervision board, §42-3-2. Commissioner of juvenile justice. Prisons and prisoners. Transfer of juvenile to penal institution. Conditions for acceptance of transfer, §42-5-52. Department of juvenile justice. Chart…
O.C.G.A. § 42-8-103 Pay-only probation; discharge or termination of probation
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(a) As used in this Code section, the term “pay-only probation” means a defendant has been placed under probation supervision solely because such defendant is unable to pay the court imposed fines and statutory surcharges when such defendant’s sentence is imposed. Such term shall …
O.C.G.A. § 42-8-103.1 Serving consecutive misdemeanor sentences
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(a) When a defendant is serving consecutive misdemeanor sentences, whether as a result of one case from one jurisdiction or multiple cases from multiple jurisdictions, upon motion by the defendant, the court may discharge such defendant from further supervision or otherwise termi…
O.C.G.A. § 42-8-104 Terms and conditions of probation
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(a) A court which utilizes the services of a probation officer or private probation officer shall determine the terms and conditions of probation under this article and may provide such terms and conditions of probation as the court deems appropriate, including, but not limited t…
O.C.G.A. § 42-8-106 Advisory committee created; membership
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There is created a judicial advisory committee with respect to the provisions of this article composed of one superior court judge designated by The Council of Superior Court Judges of Georgia, one state court judge designated by The Council of State Court Judges of Georgia, one …
O.C.G.A. § 42-8-106.1 Powers and duties of Board of Community Supervision
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The board shall have the following powers and duties, provided that, with respect to promulgating the rules, regulations, and standards set forth in this subsection, the board shall seek input from the commissioner of community supervision: (1) To promulgate rules and regulations…
O.C.G.A. § 42-8-107 Administrative rules and regulations
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Misdemeanor Probation Oversight Unit, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Department of Community Supervision, Rule 105-2-.01 et seq.
O.C.G.A. § 42-8-108 Administrative rules and regulations
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Misdemeanor Probation Oversight Unit, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Department of Community Supervision, Rule 105-2-.01 et seq.
O.C.G.A. § 42-8-109 Private entities conflicts of interest prohibited
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(a) No private corporation, private enterprise, or private agency contracting to provide probation services under the provisions of this article nor any employees of such entities shall engage in any other employment, business, or activity which interferes or conflicts with the du…
O.C.G.A. § 42-8-109.1 Consecutive misdemeanor sentences
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Review of case for possibility of early termination, §42-8-103.1. PROBATION —Cont’d Agreements for probation services —Cont’d Costs. Pay-only probation, §42-8-103. Definitions, §42-8-100. Duties of probationer. Keeping officer informed of certain information, §42-8-105. Employment…
O.C.G.A. § 42-8-109.2 Confidentiality of records
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(a) Except as provided in subsection (a) of Code Section 42-8-108 and subsection (b) of this Code section, all reports, files, records, and papers of whatever kind relative to the supervision of probationers by a private corporation, private enterprise, or private agency contracti…
O.C.G.A. § 42-8-109.3 Registration with board
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(a)(1) All private corporations, private enterprises, and private agencies contracting or offering to contract for probation services shall register with DCS before entering into any contract to provide services. Any private corporation, private enterprise, or private agency regi…
O.C.G.A. § 42-8-109.4 Authorized, §42-8-101
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Community service. Conversion of fines, surcharges, and supervision fees to community service, §42-8-102. Community supervision board. Judicial advisory committee, consultation, §42-8-106. Powers and duties, generally, §42-8-106.1. Community supervision department.
O.C.G.A. § 42-8-109.5 Discharge, §42-8-26
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Disposition of documents upon committing of convicting person to institution, §42-8-29.1. Duties, §§42-8-27, 42-8-29. Employment and assignment to circuits, §42-8-25. Expenses, §42-8-26. Presentence investigation, §42-8-29. Qualifications, §42-8-26. Reassignment, §42-8-26. Records…
O.C.G.A. § 42-8-110 Jails
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General provisions, §§42-4-1 to 42-4-33. Noise control, noise pollution or noise abatement. Sport shooting ranges, §41-1-9. Nuisances. Abatement. Authorization and procedure for abatement in cities, §41-2-5. MUNICIPAL CORPORATIONS —Cont’d Nuisances —Cont’d Sport shooting ranges, …
O.C.G.A. § 42-8-110.1 Ignition interlock device limited driving permit; restrictions
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(a)(1) Any person issued an ignition interlock device limited driving permit under paragraph (1) of subsection (a) of Code Section 40-564.1 shall, upon issuance thereof and within no less than ten days of such issuance, have installed and shall maintain in any motor vehicle to be…
O.C.G.A. § 42-8-111 Certification of devices, §42-8-115
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Circumventing operation of device, §42-8-118. Contracts with private entity to operate provider center or lease devices. Provision to allow indigent to participate in program, §42-8-110. Court-ordered installation, §42-8-111. Proof of compliance, §42-8-112. Defined, §42-8-110. Dri…
O.C.G.A. § 42-8-113 Exceptions, §42-8-114
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Reporting requirements, §42-8-112. Revocation of driving privileges. Reporting to service center. Failure to report or receiving unsatisfactory report, §42-8-112. Violation of probation, §42-8-117. Rules and regulations for certification, §42-8-115. Security deposit for safe retur…
O.C.G.A. § 42-8-114 Specifying provider for ignition interlock device
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(a) No judicial officer, community supervision officer, law enforcement officer, or other officer or employee of a court; person who owns, operates, or is employed by a private company which has contracted to provide private probation services for misdemeanor cases; or profession…
O.C.G.A. § 42-8-115 Certification of ignition interlock devices
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(a) The commissioner of driver services or the commissioner’s designee shall certify ignition interlock devices required by this article and the providers of such devices and shall promulgate rules and regulations for the certification of said devices and providers. The standards …
O.C.G.A. § 42-8-116 Warning labels
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The providers certified by the Department of Driver Services shall design and adopt pursuant to regulations of such department a warning label which shall be affixed to each ignition interlock device upon installation. The label shall contain a warning that any person tampering, c…