Title 42 — Title 42
0 chapters · 302 sections in this title.
O.C.G.A. § 42-1-1 Definitions
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Except as specifically provided otherwise, as used in this title, the term: (1) “Board” means the Board of Corrections. (2) “Case plan” means an individualized accountability and behavior change strategy for a probationer, as applicable. (3) “Commissioner” means the commissioner o…
O.C.G.A. § 42-1-10 Preliminary urine screen drug tests
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(a) Any community supervision officer of the Department of Community Supervision or official or employee of the Department of Corrections who supervises any person covered under the provisions of paragraphs (1) through (7) of this subsection shall be exempt from the provisions of…
O.C.G.A. § 42-1-11.1 Rendering plant
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Nuisances, agricultural, §41-1-7. Repair. Unfit buildings or structures, §41-2-8. Required registration information. State sex offender registry, §42-1-12. Resident. Unfit buildings or structures, §41-2-8. Residential substance abuse treatment facility. Probation management act, §4…
O.C.G.A. § 42-1-11.2 Advice on employment of attorney prohibited; penalty
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(a) No employee of a penal institution shall give advice to an inmate regarding the name or the employment of an attorney at law in any case where the inmate is confined in a penal institution or receive any sum of money paid as fees or otherwise to attorneys at law in a criminal …
O.C.G.A. § 42-1-11.3 Treatment of pregnant and postpartum female inmates
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(a) As used in this Code section, the term: (1) “Custodian” means warden, sheriff, jailer, deputy sheriff, police officer, or any other law enforcement officer. (2) “Immediate postpartum period” means the six-week period following childbirth unless extended by a physician due to …
O.C.G.A. § 42-1-12 State Sexual Offender Registry
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(a) As used in this article, the term: (1) “Address” means the street or route address of the sexual 106 42-1-12 offender’s residence. For purposes of this Code section, the term shall not mean a post office box. (2) “Appropriate official” means: (A) With respect to a sexual offe…
O.C.G.A. § 42-1-13 BONDS, SURETY
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Jailers, §42-4-2. Pardons and paroles. State board of pardons and paroles. Appointment of replacement for incapacitated member, §42-9-12. Prisoners of war (POW). Prison superintendents, wardens and other officials and employees, §42-5-32. 4 INDEX CELL PHONES —Cont’d Inmates at co…
O.C.G.A. § 42-1-13.1 Electronic location tracking of sexual offenders; petitioning for exemption
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(a)(1) A sexual offender shall be fitted by the Department of Community Supervision with a device capable of tracking the location of the sexual offender by means including electronic surveillance or global positioning satellite systems while he or she is on probation or parole an…
O.C.G.A. § 42-1-14 Location tracking of offenders
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Probationers or parolees awaiting risk assessment classification, §42-1-13.1. Parole.
O.C.G.A. § 42-1-15 Defined, §42-1-12
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SEXUALLY DANGEROUS PREDATORS —Cont’d Electronic monitoring, §42-1-14. List of predators residing in county. Sheriffs, duty to prepare, posting, §42-1-12. Registration, §42-1-12.
O.C.G.A. § 42-1-16 Definitions; employment restrictions for sexual offenders; penalties
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(a) As used in this Code section, the term: (1) “Area where minors congregate” shall include all public and private parks and recreation facilities, playgrounds, skating rinks, neighborhood centers, gymnasiums, school bus stops, and public and community swimming pools. (2) “Indiv…
O.C.G.A. § 42-1-17 SWITCHBLADES
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Unauthorized possession by prison inmate, §42-5-63. T TEACHERS. Employment. Probationers, first offenders. Disqualification for specified employment, §42-8-63.1. TELECOMMUNICATIONS. Prisoners. Giving telecommunications devices to inmates, §42-5-18. TELEPHONES. Jails. Giving telecomm…
O.C.G.A. § 42-1-18 Sheriffs
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Sheriffs who refuse to receive persons charged with or guilty of offense, §42-4-12. 44 INDEX MISDEMEANORS —Cont’d State board of pardons and paroles. General assembly members or elected or appointed officials appearing before board on behalf of persons, §42-9-17. Persons permitte…
O.C.G.A. § 42-1-19 Petition for release from registration requirements
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(a) An individual required to register pursuant to Code Section 42-1-12 may petition a superior court for release from registration requirements and from any residency or employment restrictions of this article if the individual: (1) Has completed all prison, parole, supervised r…
O.C.G.A. § 42-1-2 EVIDENCE
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Abatement of nuisances. Places used for unlawful sexual purposes. Prima-facie evidence of nuisance, §41-3-1. Reputation of building, structure or place, §41-3-5. Drug related activity. Nuisances, substantial drug related activity upon real property. Prima facie evidence, §41-3-1.…
O.C.G.A. § 42-1-4 Additionally, Ga
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L. 1985, p. 1483 contained “board or commissioner of of- fender rehabilitation” in paragraph (2) of subsection (d). Pursuant to Code Section 28-9-5, this Code section has been renumbered Code Section 42-1-5 and “offender rehabilitation” changed to “corrections.” Editor’s notes. G…
O.C.G.A. § 42-1-5 Institution of higher education
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State sex offender registry, §42-1-12. Intensive probation. Probation management act, §42-3-111. Interested party. Unfit buildings or structures, §41-2-8. Interstate commission. Interstate compact for adult offender supervision, §42-9-81. Law enforcement officer. Probation, first o…
O.C.G.A. § 42-1-7 Inmate policies generally, §42-1-1
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Murder. Leave privileges of inmates serving murder sentences, §42-5-85. Possession of drugs, weapons or alcohol by jail inmates, §42-4-13. Rules and regulations, §42-2-11. Use of inmate for private gain, §42-1-5. Wearing apparel.
O.C.G.A. § 42-1-8 Home arrest program
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(a) As used in this Code section, the term: (1) “Educational program” means a program of learning recognized by the State Board of Education. (2) “Habilitative program” means and includes an alcohol or drug treatment program, mental health program, family counseling, community se…
O.C.G.A. § 42-1-9 Urine screen drug tests, §42-1-10
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Criminal law. Confidentiality of prisoner information. Divulging confidential state secrets, misdemeanor, §42-5-36. Inmate crimes alleged to have been committed within state correctional institution. Retention in custody of department, §42-5-51.1. Custodians of records of departmen…
O.C.G.A. § 42-2-1 Creation
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There is created the Department of Corrections. History. Ga. L. 1982, p. 3, § 42; Ga. L. 1985, p. 283, § 1; Ga. L. 2012, p. 899, § 7-3/HB 1176. Editor’s notes. Ga. L. 2012, p. 899, § 9-1(a)/HB 1176, not codified by the General Assembly, provides: “This Act shall become effective o…
O.C.G.A. § 42-2-10 Office of board, commissioner, and staff
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The executive office of the board and the commissioner shall be located in the City of Atlanta, and suitable quarters shall be assigned to the board and the commissioner and to his staff of employees. History. Ga. L. 1956, p. 161, § 27. 42-2-11. Powers and duties of board; adopti…
O.C.G.A. § 42-2-11 Reasonableness, §42-2-12
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PRISONS AND PRISONERS —Cont’d Rules and regulations —Cont’d New correctional institutions. Plans and specifications, §42-5-10. Qualifications for wardens, superintendents and other personnel, §42-5-30. Recidivism, goal to reduce, §42-2-11. Sales. Products produced by inmates, §42-5…
O.C.G.A. § 42-2-12 Reasonableness of rules and regulations
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All rules and regulations enacted by the board under the authority of this chapter must be reasonable. History. Ga. L. 1956, p. 161, § 12.
O.C.G.A. § 42-2-14 Pardons and paroles
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General provisions, §§42-9-1 to 42-9-90. Interstate compact for adult offender supervision. Powers of governor, §42-9-82. No authority or power over granting of pardons or paroles, §42-9-56. Overcrowding of prison system. Declaration of state of emergency. Paroling inmates to red…
O.C.G.A. § 42-2-15 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 the department or an employee serving under contract with the department. (2) “Employee benefit fund” means an account containing the facility’s profits generated from vending serv…
O.C.G.A. § 42-2-16 Retaining department issued weapons
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(a) An employee leaving the service of the department under honorable conditions who has accumulated 20 or more years of service with the department as a certified officer shall be entitled as part of such employee’s compensation to retain his or her department issued weapon. (b) …
O.C.G.A. § 42-2-2 Board members, officers, records, and compensation
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(a) On and after July 1, 1983, the board shall consist of one member from each congressional district in the state and five additional members from the state at large. All members shall be appointed by the Governor, subject to confirmation by the Senate. The initial terms of member…
O.C.G.A. § 42-2-3 Board meetings
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The board shall meet once each month in the office of the commissioner, unless in the discretion of a majority of the board it is necessary or convenient to meet elsewhere to carry out the duties of the board. Special meetings may be held at such times and places as shall be spec…
O.C.G.A. § 42-2-5 Administrative functions of department
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(a) The department shall administer the state’s correctional institutions and the rehabilitative programs conducted therein. 163 42-2-5.1 (b) The department shall provide The Council of Superior Court Clerks of Georgia the data set forth in Code Section 15-12-40.1, without charge…
O.C.G.A. § 42-2-5.1 Special school district for school age youth
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(a) In order to provide education for any school age youth incarcerated within any facility of the department, the department shall be considered a special school district which shall be given the same funding consideration for federal funds that school districts within this stat…
O.C.G.A. § 42-2-6 Office of commissioner created; general duties; appointment; compensation
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(a) There is created the position of commissioner of corrections. The commissioner shall be the chief administrative officer of the department. Subject to the general policy established by the board, the commissioner shall supervise, direct, account for, organize, plan, administe…
O.C.G.A. § 42-2-7 Employees of department
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Authority to employ, §42-2-9. PRISONS AND PRISONERS —Cont’d Commissioner of corrections —Cont’d Employees of department —Cont’d Establishment and maintenance of roster, §42-2-9. Expenses, §42-2-6. Georgia correctional industries administration. Executive officer, §42-10-3. Grants…
O.C.G.A. § 42-2-8 Additional duties of commissioner
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(a) The commissioner shall direct and supervise all the administrative activities of the board and shall attend all meetings of the board. The commissioner shall also make, publish in print or electronically, and furnish to the General Assembly and to the Governor annual reports …
O.C.G.A. § 42-2-9 Selection of department personnel; employee records
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The commissioner is authorized to appoint and employ such clerical force as is necessary to carry on the administration of the penal system. He may also employ such experts and technical help as are needed, along with assistants to the commissioner, wardens, superintendents, guar…
O.C.G.A. § 42-3-1 Definitions
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As used in this chapter, the term: (1) “Board” means the Board of Community Supervision. (2) “Commissioner” means the commissioner of community supervision. (3) “Community supervision officer” means an individual employed by DCS who supervises probationers or parolees. (4) “DCS” …
O.C.G.A. § 42-3-10 Appeals of sanctions; venue; no waiver of immunity
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(a) In order to appeal a sanction imposed by the board, a person shall remit a request for a hearing, in writing by certified mail or statutory overnight delivery, return receipt requested, to the board within 30 days from the date of personal notice or receipt of the notice of th…
O.C.G.A. § 42-3-110 System of administrative sanctions
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Alternative to judicial modification or revocations of probation, §42-3-113. Waiver of hearing, voluntary acceptance of sanctions, §42-3-115. Orders. First offenders. Retroactive grant of first offender status, §42-8-66. Ordinance violations and misdemeanors. Agreements for probati…
O.C.G.A. § 42-3-111 Definitions
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For purposes of this article, the term: (1) “Chief community supervision officer” means the highest ranking field community supervision officer in each judicial circuit. (2) “Electronic monitoring” means supervising, mapping, or tracking the location of a probationer by means incl…
O.C.G.A. § 42-3-112 Sentencing options system
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(a) In addition to any other terms or conditions of probation provided for under this chapter, the sentencing judge may require that defendants who are sentenced to probation pursuant to subsection (c) of Code Section 42-8-34 be ordered to the sentencing options system. (b) When …
O.C.G.A. § 42-3-113 System of administrative sanctions
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(a) DCS shall be authorized to establish by rules and regulations a system of administrative sanctions as an alternative to judicial modifications or revocations for probationers who violate the terms and conditions of the sentencing options system established under this article. …
O.C.G.A. § 42-3-114 Preliminary hearing for alleged violation of probation
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(a) Whenever an options system probationer is arrested on a warrant for an alleged violation of probation, an informal preliminary hearing shall be held within a reasonable time not to exceed 15 days. (b) A preliminary hearing shall not be required when: (1) The probationer is no…
O.C.G.A. § 42-3-116 Finality of hearing officer’s decision; request for review; appeal
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(a) The hearing officer’s decision shall be final unless the options system probationer files a request for review with the senior hearing officer. A request for review must be filed within 15 days of the issuance of DCS’s decision. Such request shall not stay DCS’s decision. The se…
O.C.G.A. § 42-3-117 Definitions, §42-3-111
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Failure to comply with sanctions. Probation violation, §42-3-115. Finality of decision as to violation, §42-3-116. Hearing examiner.
O.C.G.A. § 42-3-118 Applicability of article
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This article shall only apply in judicial circuits where DCS has allocated certified hearing officers. History. Code 1981, § 42-3-118, enacted by Ga. L. 2015, p. 422, § 1-1/HB 310. 42-3-119. Liberal construction of article.
O.C.G.A. § 42-3-119 Liberal construction of article
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This article shall be liberally construed so that its purposes may be achieved. History. Code 1981, § 42-3-119, enacted by Ga. L. 2015, p. 422, § 1-1/HB 310. 202 T.42, C.4 T.42, C.4 JAILS CHAPTER 4 JAILS Sec. 42-4-31. Article 1 General Provisions 42-4-32. Sec.
O.C.G.A. § 42-3-2 Penal institutions, §42-2-11
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School bus stop. State sex offender registry, §42-1-12. Schools. State sex offender registry, §42-1-12. Sentencing options system. Probation management act, §42-3-111. Serious offense. Board of pardons and paroles, granting relief from sentence, §42-9-42. Prisoner information, cl…
O.C.G.A. § 42-3-3 Department of Community Supervision created; responsibilities
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(a) There is created the Department of Community Supervision. DCS shall be the agency primarily responsible for: (1) Supervision of all defendants who receive a felony sentence of straight probation; (2) Supervision of all defendants who receive a split sentence; (3) Supervision …
O.C.G.A. § 42-3-4 Commissioner of community supervision; duties
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(a) There shall be a commissioner of community supervision who shall be both appointed by and serve at the pleasure of the Governor. 184 42-3-4 COMM. SUPERVISION & TRANSITION 42-3-5 Subject to the policies, rules, and regulations established by the board, the commissioner shall s…
O.C.G.A. § 42-3-5 Administrative functions of department
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(a) The commissioner, with the approval of the board, may establish units within DCS as he or she deems proper for its administration and shall designate persons to be assistant commissioners of each unit and to exercise authority as he or she may delegate to them in writing. The…