Title 42 — Title 42
0 chapters · 302 sections in this title.
O.C.G.A. § 42-3-50 Definitions; assignment of community service for personal gain prohibited
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(a) As used in this article, the term: (1) “Agency” means any private or public entity or organization that provides services to the public and enhances the social welfare and general well-being of the community. Such term may include educational institutions and religious organi…
O.C.G.A. § 42-3-51 Parole
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Condition of parole or alternative to revocation, §42-9-44.3. Placement of offender with appropriate agency, §42-3-53. Private gain. Use of inmates for, §42-1-5. Probation. Agreements for probation services. Conversion of fines, surcharges, and supervision fees to community servic…
O.C.G.A. § 42-3-53 Definitions
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Board of Community Supervision created; membership; creation of Program and Treatment Completion Certificate; adoption of rules and regulations; duties. Department of Community Supervision created; responsibilities. Commissioner of community supervision; duties. Administrative fun…
O.C.G.A. § 42-3-54 Applicability of Articles 2, 3, and 6 of this chapter
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Article 2 of Chapter 8 of this title shall be applicable to offenders sentenced to community service or educational advancement pursuant to this article. Article 3 of Chapter 8 of this title shall be applicable to first offenders sentenced to community service or educational advan…
O.C.G.A. § 42-3-6 Rules and regulations
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(a) The commissioner, with the approval of the board, shall have the power to make and publish reasonable rules and regulations not inconsistent with this title or other laws or with the Constitution of this state or of the United States for the administration of this chapter or …
O.C.G.A. § 42-3-7 Policy of general assembly, §42-9-1
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Preliminary hearings. Parole or conditional release violators, §42-9-50. Prerequisites for granting relief from sentence, §42-9-42. Previously granted pardons and paroles. Effect of chapter on, §42-9-59. Procedure for granting relief from sentence, §42-9-42. Production of documen…
O.C.G.A. § 42-3-70 Operation of pretrial release and diversion programs
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DCS shall be authorized to establish and operate pretrial release and diversion programs as rehabilitative measures for persons charged with felonies for which bond is permissible under the law in the courts of this state prior to conviction; provided, however, that no such progr…
O.C.G.A. § 42-3-71 Diversion centers, §42-3-90
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Establishment and operation, §42-3-70. Pretrial intervention programs, §42-3-73. Probation management act.
O.C.G.A. § 42-3-72 Contracts with counties for services and facilities
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DCS may contract with the various counties of this state for the services and facilities necessary to operate pretrial release and diversion programs established under this article, and both DCS and the 195 42-3-90 counties are authorized to enter into such contracts as are appro…
O.C.G.A. § 42-3-73 Rules and regulations, §42-3-70
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DONATIONS. Nuisances. Unfit buildings or structures. Powers of counties and municipalities to repair, close or demolish. Authority to use revenues, grants and donations, §41-2-15. DRIVERS’ LICENSES. Driving without license. Foreign national charged with offense confined in jail. La…
O.C.G.A. § 42-3-74 Drugs
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Possession by jail inmates, §42-4-13. Visitors possessing, §42-4-13. Duties of sheriffs as to jail inmates, §42-4-4. Educational programs for county prisoners, §42-1-9. Emergencies. Emergency health care for detainees, §42-4-15. Overcrowding creating state of emergency. Paroling …
O.C.G.A. § 42-3-8 Employee benefit fund
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(a) As used in this Code section, the term: (1) “Employee” means a full-time or part-time employee of DCS or an employee serving under contract with DCS. (2) “Employee benefit fund” means an account containing the facility’s profits generated from vending services maintained by a l…
O.C.G.A. § 42-3-9 Drug crime
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Unfit buildings or structures. Power of counties and municipalities to repair, close or demolish, §41-2-8. 18 INDEX DEFINED TERMS —Cont’d Drug related charges. Nuisances, substantial drug related activity upon real property, §41-3-1.1. Dwellings, buildings or structures.
O.C.G.A. § 42-3-90 Probation
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Condition of probation, §42-8-35. COCAINE. Overcrowding of prison system. Dangerous offenders defined, §42-9-60. COINS. Prisoners possessing. Forfeiture of contraband, §42-5-62. COMMON JAILS. Tubercular inmates. Confinement and care of, §42-4-6. COMMUNICABLE DISEASES. Prisons and p…
O.C.G.A. § 42-4-1 Appointment of county and municipal jailers
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(a) By virtue of their offices, sheriffs are jailers of the counties and 204 42-4-1 have the authority to appoint other jailers, subject to the supervision of the county governing authority, as prescribed by law. (b) By virtue of their offices, chiefs of police are the jailers of…
O.C.G.A. § 42-4-10 Good-time allowances, §42-4-7
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Grand jury. Inquiry into contents of inmate records, §42-4-8. Municipal jailers. Appointments, §42-4-1. Oath of jailers, §42-4-2. Records of persons committed to jail of county. Inquiry into contents by grand jury, §42-4-8. Maintenance by sheriff, §42-4-7.
O.C.G.A. § 42-4-100 Bonds or other obligations; requirements and procedure for issuance
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(a) Subject to the limitations and procedures provided by this Code section, the obligations of any authority evidenced by bonds, bond anticipation notes, trust indentures, deeds to secure obligations, security agreements, or mortgages executed in connection therewith may contain…
O.C.G.A. § 42-4-102 Interest rates, §42-4-100
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Issuance of bonds, §42-4-100. Not indebtedness of state or political subdivision, §42-4-101. Payment, §42-4-101. Security for, §42-4-100. Powers of authorities, §42-4-97. Validation of bonds, §42-4-100. Citation of act. Short title, §42-4-90. Construction of provisions, §42-4-102…
O.C.G.A. § 42-4-103 Operation and finance agreement required; withdrawal from authority
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(a) Failure of a participant county or participant municipality to execute an operation and finance agreement duly adopted by the authority at a regularly scheduled meeting or a meeting called for that purpose within 60 days after such agreement has been executed by two 245 42-4-1…
O.C.G.A. § 42-4-104 Legislative declaration, §42-4-91
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Liability of members, officers or employees. Limitation, §§42-4-99, 42-4-105. Management committee, §42-4-95. Defined, §42-4-92. Duties and responsibilities of sheriffs. Imposed upon management committee, §42-4-98. Quorum, §42-4-96. Municipal regional jail authority management, §4…
O.C.G.A. § 42-4-105 Immunity of authorities from liability
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Regional jail authorities shall be carrying out an essential governmental function on behalf of participant counties or participant municipalities and are, therefore, given immunity from liability for carrying out their intended functions. History. Code 1981, § 42-4-105, enacted …
O.C.G.A. § 42-4-11 Visitors
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Possession of weapons, drugs or alcoholic beverages, §42-4-13. Wages. Work-release programs for county prisoners, §42-1-4. Weapons. Possession by inmates, §42-4-13. JAILS —Cont’d Weapons —Cont’d Possession by visitors, §42-4-13. Work details. Earned time credit for service on aut…
O.C.G.A. § 42-4-12 Crediting of time
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Tubercular inmates. Time spent in hospital or institution, §42-4-6. Cruelty to inmates, §42-4-5.
O.C.G.A. § 42-4-13 Possession of drugs, weapons, alcohol, or tobacco products by inmates
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(a) As used in this Code section, the term: (1) “Alcoholic beverage” means and includes all alcohol, distilled spirits, beer, malt beverage, wine, or fortified wine. (2) “Controlled substance” means a drug, substance, or immediate precursor as defined in Code Section 16-13-21. (3) …
O.C.G.A. § 42-4-14 Immediate postpartum period
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Prisons and prisoners, treatment of pregnant and postpartum female inmates, §42-1-11.3. Inclement weather. Utilization of inmates on outdoor assignments during, §42-5-60.1. Indigent. Probation. Agreements for probation services, §42-8-102. Restitution as condition for probation, …
O.C.G.A. § 42-4-15 EMINENT DOMAIN
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Abatement of nuisances. Unfit buildings or structures. Power of counties and municipalities to repair, close or demolish. Taking of building or structure by eminent domain, §41-2-14. Jails. Regional jail authorities. Powers, §42-4-97. Nuisances. Unfit buildings or structures. Power…
O.C.G.A. § 42-4-2 Oath and bond of jailers
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Before commencing to carry out the duties of their office, jailers must give to the sheriff a bond and surety for the sum of $1,000.00, conditioned for the faithful performance of their duties as jailers, and shall take and subscribe before the sheriff of their respective countie…
O.C.G.A. § 42-4-3 County jailers
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Appointments, §42-4-1. Credit upon sentence. Tubercular inmates confinement in hospital or institution, §42-4-6. Cruelty to inmates, §42-4-5. Drugs, controlled substances or dangerous drugs. Possession by inmates, §42-4-13. Urine screen drug testing, §42-1-10. Duties of sheriffs a…
O.C.G.A. § 42-4-30 Definitions
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As used in this article, the term: (1) “Detention facility” means a municipal or county jail used for the detention of persons charged with or convicted of either a felony, a misdemeanor, or a municipal offense. (2) “Inmate” means a person who is detained in a detention facility …
O.C.G.A. § 42-4-31 Required safety and security measures
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(a) It shall be unlawful for any person having charge of or responsi225 42-4-31 bility for any detention facility to incarcerate any person in the detention facility unless a full-time jailer is on duty at the detention facility at all times while a person is incarcerated therein…
O.C.G.A. § 42-4-32 Sanitation and health requirements
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(a) All aspects of food preparation and food service shall conform to the applicable standards of the Department of Public Health. (b) All inmates shall be given not less than two substantial and wholesome meals daily. (c) Sanitation inspections of both facilities and inmates sha…
O.C.G.A. § 42-4-33 Nuisances
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Unfit buildings or structures. Power of counties and municipalities to repair, close or demolish, §§41-2-7 to 41-2-17. Unfit buildings or structures. Power of counties and municipalities to repair, close or demolish, §§41-2-7 to 41-2-17. PORNOGRAPHY. Registration of sex offenders, …
O.C.G.A. § 42-4-4 Duties of sheriff as to jail inmates
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(a) It shall be the duty of the sheriff: (1) To take from the outgoing sheriff custody of the jail and the bodies of such persons as are confined therein, along with the warrant or cause of commitment; (2) To furnish persons confined in the jail with medical aid, heat, and blankets…
O.C.G.A. § 42-4-5 Cruelty to inmates
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(a) No jailer, by duress or other cruel treatment, shall make or induce an inmate to accuse or give evidence against another; nor shall he be guilty of willful inhumanity or oppression to any inmate under his care and custody. 210 42-4-5 (b) Any jailer who violates subsection (a)…
O.C.G.A. § 42-4-50 Definitions
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As used in this article, the term: (1) “Detention facility” means a municipal or county jail used for the detention of persons charged with or convicted of either a felony, a misdemeanor, or a municipal offense. (2) “Governing authority” means the governing authority of the count…
O.C.G.A. § 42-4-51 Payment provisions, §42-5-54
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Responsibilities and obligations of governmental units, §42-5-2. Costs of emergency and follow-up care, §42-5-2. Mental health programs. Habilitative programs for county prisoners, §42-1-9. Home arrest program, §42-1-8. Mentally diseased prisoners. Separation and classification, §…
O.C.G.A. § 42-4-6 Cruelty to inmates, §42-4-5
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Definitions. Conditions of detention, §42-4-30. Possession of drugs, weapons or alcohol by inmates, §42-4-13. Regional jail authorities, §42-4-92. Diversion programs. Pretrial release and diversion programs. General provisions, §§42-3-70 to 42-3-74. Drugs.
O.C.G.A. § 42-4-7 Maintenance of inmate records; earned time allowances
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(a) The sheriff shall keep a record of all persons committed to the jail 212 42-4-7 of the county of which he or she is sheriff. This record shall contain the name of the person committed, such person’s age, sex, race, under what process such person was committed and from what co…
O.C.G.A. § 42-4-70 Definitions
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As used in this article, the term: (1) “Detention facility” means a municipal or county jail used for the detention of persons charged with or convicted of either a felony, a misdemeanor, or a municipal offense. (2) “Inmate” means a person who is detained in a detention facility …
O.C.G.A. § 42-4-71 Inmate policies
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Generally, §§42-1-1 to 42-1-11.3. Rules and regulations, authority to promulgate, §42-2-11. Internal investigations unit of department of corrections. Investigations reports and intelligence data. Classified as confidential state secrets and privileged under law, §42-5-36. Internat…
O.C.G.A. § 42-4-8 GRANTS
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Abatement of nuisances. Unfit buildings or structures. Power of counties and municipalities to repair, close or demolish. Authority to use revenues, grants and donations, §41-2-15. Jails. Local jails and correctional institutions. Power of commissioner to make grants to municipal …
O.C.G.A. § 42-4-9 Conditions for receipt of federal prisoners
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The keeper of a county jail may decline to receive a person from the custody of anyone acting under the authority of the United States government. He may receive the person if the consent of the authority having control of county matters is first obtained. If the keeper receives t…
O.C.G.A. § 42-4-90 Short title
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This article shall be known and may be cited as the “Regional Jail Authorities Act.” History. Code 1981, § 42-4-90, enacted by Ga. L. 1995, p. 292, § 1. 42-4-91. Statement of authority; policy of state.
O.C.G.A. § 42-4-91 Statement of authority; policy of state
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(a) This article is enacted pursuant to authority granted to the General Assembly by the Constitution of Georgia. Each authority created by this article is created for nonprofit and public purposes; and it is found, determined, and declared that the creation of each such authority…
O.C.G.A. § 42-4-92 Definitions
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As used in this article, the term: (1) “Authority” means each public body corporate and politic created pursuant to this article. (2) “Cost of project” means all costs of site preparation and other start-up costs; all costs of construction; all costs of real and personal property…
O.C.G.A. § 42-4-93 Duties and responsibilities of
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Imposed upon management committee, §42-4-98. Management committee to consists of sheriffs, §42-4-95. Title of act. Short title, §42-4-90. Withdrawal, §42-4-103. Regional jails. Counties. Management of jails, §42-4-95. Safety measures, §42-4-31. Sanitation. Requirements, §42-4-32.…
O.C.G.A. § 42-4-94 Board of directors, §42-4-94
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Quorum, §42-4-96. Voting requirements, §42-4-96. Bond issues. Bond anticipation notes, §42-4-100. Georgia uniform securities act. Not subject to regulation under, §42-4-102. Interest rates, §42-4-100.
O.C.G.A. § 42-4-95 Definitions
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203 Short title. Statement of authority; policy of state. Definitions. Creation of authorities; exemption from Georgia State Financing and Investment Commission Act. Board of directors; members; election of officers; expenses; duties; addition of counties or municipalities to auth…
O.C.G.A. § 42-4-96 Quorums; voting requirements
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(a) A majority of the board of directors shall constitute a quorum for the transaction of business of the authority. However, any action with respect to any project of the authority must be approved by the affirmative vote of not less than a majority of the directors. (b) A major…
O.C.G.A. § 42-4-97 Powers of authority
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Each authority shall have all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this article, including, but without limiting the generality of the foregoing, the power: (1) To bring and defend actions except to the extent the authority…