Title 42 — Title 42
0 chapters · 302 sections in this title.
O.C.G.A. § 42-9-21 Supplies and equipment, §42-9-11
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Transaction of business. Quorum, §42-9-7. Transfer of functions to the community supervision board, §42-3-2. Travel expenses, §42-9-5. Youthful offender treatment. Notification of board, §42-7-6. Policies and procedures, §42-7-7. Bonds, surety. State board of pardons and paroles. …
O.C.G.A. § 42-9-22 Construction of chapter
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This chapter shall be liberally construed so that its purpose may be achieved. History. Ga. L. 1943, p. 185, § 28. ARTICLE 2 GRANTS OF PARDONS, PAROLES, AND OTHER RELIEF
O.C.G.A. § 42-9-3 Definitions
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As used in this chapter, the term: (1) “Board” means the State Board of Pardons and Paroles. (2) “Community supervision officer” means a person who supervises probationers or parolees for the department. (3) “Department” means the Department of Community Supervision. (4) “Split s…
O.C.G.A. § 42-9-4 Appointments to board when Senate not in session
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Appointments made at times when the Senate is not in session shall be effective ad interim. History. Ga. L. 1973, p. 157, § 2. 551 42-9-6
O.C.G.A. § 42-9-40 Parole guidelines system
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(a) The board shall adopt, implement, and maintain a parole guidelines system for determining parole action. The guidelines system shall be used in determining parole actions on all inmates, except those serving life sentences, who will become statutorily eligible for parole cons…
O.C.G.A. § 42-9-42 Specification of conditions, §42-9-44
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Confidentiality of information. Classification of information as confidential state secrets until declassified, §42-9-53. Divulgence of confidential state secrets, §42-9-53. Information placed in records respecting persons subject to relief. State board of pardons and paroles may make…
O.C.G.A. § 42-9-42.1 Editor’s notes
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— Ga. L. 1988, p. 1799, § 1, not codified by the General Assembly, provides: ‘‘The General Assembly finds that Acquired Immunodeficiency Syndrome (AIDS) and its causative agent, including Human Immunodeficiency Virus (HIV), pose a grave threat to the health, safety, and welfare o…
O.C.G.A. § 42-9-43 Judicial notice
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Seal, §42-9-8. Legal adviser. Attorney general, §42-9-10. Lodging and meals expenses, §42-9-5. Majority vote. Procedure for granting relief from sentence, §42-9-42. Medical reprieves, §42-9-43. Notification of decision, §42-9-47. Number of members, §42-9-2. Office quarters, §42-9-…
O.C.G.A. § 42-9-43.1 Citizenship status of prisoner; deportation
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(a) In determining whether to grant parole the board shall be authorized to make inquiry into whether the prisoner is lawfully present in the United States under federal law. (b) If the board determines that the prisoner is not lawfully present in the United States, the board sha…
O.C.G.A. § 42-9-44 Prisons and prisoners
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Adult offenders. Programs for, §42-2-5.2. Department of corrections. Special school district for school age youth. Department as, §42-2-5.1. School districts. Prisons and prisoners. Department of corrections as special school district for school age youth, §42-2-5.1. Sex offender…
O.C.G.A. § 42-9-45 General rule-making power
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(a) The board may adopt and promulgate rules and regulations, not inconsistent with this chapter, touching all matters dealt with in this chapter, including, among others, the practice and procedure in matters pertaining to paroles, pardons, and remission of fines and bond forfeit…
O.C.G.A. § 42-9-47 Notification of decision to parole inmate
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Within 72 hours after the board reaches a final decision to parole an inmate, the district attorney, the presiding judge, the sheriff of each county in which the inmate was tried, convicted, and sentenced, the local law enforcement authorities of the county of the last residence o…
O.C.G.A. § 42-9-48 Arrest of parolee or conditional release violator
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(a) If any member of the board shall have reasonable ground to believe that any parolee or conditional releasee has lapsed into criminal ways or has violated the terms and conditions of his parole or conditional release in a material respect, the member may issue a warrant for th…
O.C.G.A. § 42-9-5 Compensation of board members
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The members of the board shall devote their full time to the duties of their office. Beginning July 1, 1999, the salaries of the members of the board shall be set by the Governor and their travel expenses and costs of lodging and meals shall be paid as provided in Code Section 45…
O.C.G.A. § 42-9-50 Revocations without hearing, §42-9-51
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Temporary revocation, §42-9-51. Rules and regulations. State board of pardons and paroles. General and special rules concerning terms and conditions of parole, §42-9-44. General rule-making power, §42-9-45. Information placed in records respecting persons subject to relief, §42-9…
O.C.G.A. § 42-9-52 Prisons and prisoners
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Contraband, §42-5-62. FORMS. Jailer’s oath, §42-4-2. Prisons and prisoners. Oath of office of wardens and superintendents and other correctional officers, §42-5-31. FRIVOLOUS ACTIONS. Prisoner litigation, §42-12-6. G GARNISHMENT. Probation. Delinquency of defendant in payment of …
O.C.G.A. § 42-9-53 State board of pardons and paroles
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Information respecting persons subject to relief. Duty of board to obtain and place in records, §42-9-41. Maintenance of records of persons contacting members of board on behalf of inmates, §42-9-18. Prisons and prisoners. Limited leave privileges, §42-5-84. Litigation of prisone…
O.C.G.A. § 42-9-54 Conditions
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Adoption of general and special rules, §42-9-44. Community service as condition of parole, §42-9-44.3. Family violence counseling program. Participation, §42-9-45. Granting relief from sentence, §42-9-42. Specification of conditions, §42-9-44.
O.C.G.A. § 42-9-55 Tobacco
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Providing tobacco for inmates. Knowledge and consent of jailer required, §42-4-13. Transfer of person in custody upon change of venue, §42-4-11. Trustees. Designation of inmates, §42-4-4. Tubercular inmates. Confinement and care, §42-4-6. Use of inmate for private gain, §42-1-5. V…
O.C.G.A. § 42-9-56 Restriction on Governor’s powers
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The Governor shall have no authority or power whatever over the granting of pardons or paroles. History. Ga. L. 1943, p. 185, § 21; Ga. L. 1983, p. 500, § 7.
O.C.G.A. § 42-9-59 Effect of chapter on previously granted pardons, paroles, and probations
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This chapter shall not affect pardons, paroles, or probations acted upon prior to February 5, 1943. History. Ga. L. 1943, p. 185, § 27. 614 42-9-60 42-9-60. Overcrowding of prison system as creating state of emergency; paroling inmates to reduce prison system population to capaci…
O.C.G.A. § 42-9-6 Board chairman
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(a) Each year the board shall elect one of its members to serve as chairman of the board for the ensuing year. (b) The chairman shall draw no salary from the state in addition to that which he receives as a member of the board. 552 History. Ga. L. 1943, p. 185, § 4; Ga. L. 1983, …
O.C.G.A. § 42-9-60 State board of pardons and paroles
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Annual report, §42-9-19. Prisons and prisoners. Duties of commissioner of corrections, §42-2-8. Wardens and superintendents monthly reports, §42-5-33. Probation. Agreements for probation services. Quarterly report to judge and council, §42-8-108. Review of uniform professional st…
O.C.G.A. § 42-9-61 Request for report; disclosure’s impact on confidentiality
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(a) After the board provides the notice of making a final decision on parole or conditional release as required by subsection (c) of Code Section 42-9-43, both the prosecuting attorney and the person being considered for such relief may make a written request to the board for the …
O.C.G.A. § 42-9-7 Board quorum
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A majority of the board shall constitute a quorum for the transaction of all business except as otherwise provided in this chapter. History. Ga. L. 1943, p. 185, § 6.
O.C.G.A. § 42-9-8 Official board seal
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The board shall adopt an official seal of which the courts shall take judicial notice. History. Ga. L. 1943, p. 185, § 5. 553 42-9-9 42-9-9. Board employees; “disability” defined; awarding of badges. (a) The board may appoint such clerical, stenographic, supervisory, and expert as…
O.C.G.A. § 42-9-80 Short title
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This article shall be known and may be cited as “The Interstate Compact for Adult Offender Supervision.” History. Code 1981, § 42-9-80, enacted by Ga. L. 2002, p. 1297, § 1.
O.C.G.A. § 42-9-81 Execution of compact
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The Governor of this state is authorized and directed to execute a compact on behalf of the State of Georgia with any of the United States legally joining therein in the form substantially as follows: “ARTICLE I. PURPOSE. The compacting states to this Interstate Compact recognize…
O.C.G.A. § 42-9-82 Powers of Governor with respect to compact
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With respect to the Interstate Compact for Adult Offender Supervision set out in Code Section 42-9-81: (1) The Governor shall by executive order establish the initial composition, terms, and compensation of the Georgia State Council for Interstate Adult Offender Supervision requi…
O.C.G.A. § 42-9-9 Community supervision officers
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Death in the line of duty. Provision to survivors, §42-3-9. Prison guards. Retention of badge, §42-5-35. BAWDYHOUSES. Abatement of nuisances. Places used for unlawful sexual purposes, §§41-3-1 to 41-3-13. BILLIES. Unauthorized possession by prison inmate, §42-5-63. BLACKJACK. Una…
O.C.G.A. § 42-9-9.1 Expenses, §42-9-5
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Full-time duties, §42-9-5. General assembly members. Appearances before board on behalf of persons under jurisdiction of board, §42-9-17. Maintenance of records of persons contacting members of board on behalf of inmates, §42-9-18. 51 INDEX PARDONS AND PAROLES —Cont’d Board of pa…
O.C.G.A. § 42-9-90 Application fee required for transfer consideration
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(a) As used in this Code section, the term: (1) “Adult” means both individuals legally classified as adults and juveniles treated as adults by court order, statute, or operation of law. (2) “Offender” means an adult placed under, or subject to supervision as the result of the comm…
O.C.G.A. § 42-10-1 Short title
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This chapter shall be known and may be cited as the “Correctional Industries Act.” History. Ga. L. 1960, p. 880, § 1; Ga. L. 1972, p. 572, § 1. 42-10-2. Correctional Industries Administration created; corporate powers generally.
O.C.G.A. § 42-10-2 Correctional Industries Administration created; corporate powers generally
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There is created, as a body corporate and politic, an instrumentality and public corporation of this state to be known as the “Georgia Correctional Industries Administration.” It shall have perpetual existence. In such name it may contract and be contracted with, bring and defend…
O.C.G.A. § 42-10-3 Meetings, §42-2-3
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Number of members, §42-2-2. Offices, §42-2-10. Powers, §42-2-11. Public meetings, §42-2-3. Quorum, §42-2-3. Recidivism, goal to reduce, §42-2-11. Records, §42-2-2. Reentry programs for adult offenders. Development and implementation by board, §42-2-5.2. Review of programming util…
O.C.G.A. § 42-10-4 Powers of administration
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The administration shall have, in addition to any other powers conferred by this chapter, the following powers: (1) To have a seal and alter the same at pleasure; (2) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of, in any manner, real and personal …
O.C.G.A. § 42-10-5 Hiring out inmates, §42-5-60
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Privately-owned profit-making employers, §§42-5-120 to 42-5-125. Inclement weather. Utilization of inmates for work on outdoor assignments during, §42-5-60.1. Outdoor assignments during inclement weather. Utilization of inmates for work on, §42-5-60.1. Privately-owned profit-making…
O.C.G.A. § 42-11-1 Short title
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This chapter shall be known and may be cited as the “Interstate Corrections Compact.” History. Ga. L. 1972, p. 584, § 1.
O.C.G.A. § 42-11-2 Enactment and text of compact
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The Interstate Corrections Compact is enacted into law and entered into by this state with any other states legally joining therein in the form substantially as follows: INTERSTATE CORRECTIONS COMPACT ARTICLE I. PURPOSE AND POLICY. The party States, desiring by common action to f…
O.C.G.A. § 42-11-3 Short title, §42-11-1
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Text, §42-11-2. Isolation. Permissible punishment, §42-5-58. Jails, §§42-4-1 to 42-4-33. Alcoholic beverages. Possession by inmates, §42-4-13. Appointment of county and municipal jailers, §42-4-1. Bond of jailers, §42-4-2. Change of venue. Transfer of persons in custody upon, §42…
O.C.G.A. § 42-12-1 Short title
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This chapter shall be known and may be cited as the “Prison Litigation Reform Act of 1996.” History. Code 1981, § 42-12-1, enacted by Ga. L. 1996, p. 400, § 1.
O.C.G.A. § 42-12-2 Legislative findings and determinations
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The General Assembly makes the following findings and determinations: (1) The costs of litigation are rising dramatically. It is the responsibility of this body to seek out and adopt measures to rectify this situation. One source of the rise in litigation costs is frivolous prison…
O.C.G.A. § 42-12-3 Definitions
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As used in this chapter, the term: (1) “Action” means any civil lawsuit, action, or proceeding, including an appeal, filed by a prisoner but shall not include an appeal of a criminal proceeding; provided, however, that the provisions of Code Sections 42-12-4 through 42-12-7 shall …
O.C.G.A. § 42-12-4 Parole condition, §42-12-7
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Defined terms, §42-12-3. Determinations as to frivolity of actions, §42-12-6. Legislative findings, §42-12-2. Procedure, §42-12-5. Records, §42-12-9. Jails. Conditions of detention. Violations of article, §42-4-33. Drug, weapon or alcohol possession by inmates, §42-4-13. Jailers. C…
O.C.G.A. § 42-12-5 Probation
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Agreements for probation services. Violations, revocation of probation, §42-8-102. Delinquency of defendant in payment of fines, costs or restitution or reparation, §42-8-34.2. ACCOUNTS AND ACCOUNTING. Probation. Bank accounts kept in name of department of community supervision (D…
O.C.G.A. § 42-12-6 Determination as to whether prisoner’s action frivolous
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Upon the dismissal of a prisoner action or upon the entry of judgment in favor of the responding party, the court shall make a finding as to whether the prisoner’s action was frivolous. The court may award 652 42-12-7.1 reasonable costs and attorney’s fees to defendants or respond…
O.C.G.A. § 42-12-7.1 Parole prerequisite, §42-12-7
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Defined terms, §42-12-3. Determinations as to frivolousness, §42-12-6. IN FORMA PAUPERIS PRISONERS —Cont’d Habeas corpus, payment of fees on filing petition, §42-12-7.1. Legislative findings, §42-12-2. Number of actions limited, §42-12-7.2. Procedure, §42-12-5.
O.C.G.A. § 42-12-7.2 Number of forma pauperis actions limited
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In no event shall a prisoner file any action in forma pauperis in any court of this state if the prisoner has, on three or more prior occasions while he or she was incarcerated or detained in any facility, filed any action in any court of this state or of the United States that was…
O.C.G.A. § 42-12-8 Brock v
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Hardman, 303 Ga. 729, 814 S.E.2d 736 (2018). Cited in McCoy v. Bovee, 300 Ga. 759, 796 S.E.2d 679 (2017); Merch. Law Firm, P.C. v. Emerson, 301 Ga. 609, 800 S.E.2d 557 (2017); Ga. Ass’n of Prof ’l Process Servers v. Jackson, 302 Ga. 309, 806 S.E.2d 550 (2017); Howard v. Howard, 3…
O.C.G.A. § 42-12-9 Trial costs and expenses
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Department’s responsibility, §42-5-3. Payments, §42-5-4. Reimbursement of costs and transportation and detention expenses incurred in trying escapees, §42-5-5. Probation, §42-8-102. Delinquency of defendant in payment, §42-8-34.2. Payment in lump sum or periodic payments, §42-8-3…