Title 42. PENAL INSTITUTIONS · Chapter 1. GENERAL PROVISIONS · Article 1. INMATE POLICIES
42-1-1. Definitions.
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
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 of corrections.#
- (4)
“Criminal risk factors” means characteristics and behaviors that affect a person’s risk for committing future crimes and include, but are not limited to, antisocial behavior, antisocial personality, criminal thinking, criminal associates, having a dysfunctional family, having low levels of employment or education, poor use of leisure and recreation time, and substance abuse.#
- (5)
“Department” means the Department of Corrections.#
- (6)
“Graduated sanctions” means:#
- (A)
Verbal and written warnings;#
- (B)
Increased restrictions and reporting requirements;#
- (C)
Community service or work crews;#
- (D)
Referral to substance abuse or mental health treatment or counseling programs in the community;#
- (E)
Increased substance abuse screening and monitoring;#
- (F)
Electronic monitoring, as such term is defined in Code Section 42-3-111; and#
- (G)
An intensive supervision program.#
- (7)
“Risk and needs assessment” means an actuarial tool, approved by the board and validated on a targeted population, scientifically proven to determine a person’s risk to recidivate and to identify criminal risk factors that, when properly addressed, can reduce that person’s likelihood of committing future criminal behavior.#
Reading note: a word broken across two lines in the printed volume was joined by rule and could not be checked against the volume's own vocabulary. The official page linked below settles any doubt.
History
Ga. L. 1921, p. 243, §§ 3, 5; Code 1933, §§ 27-504, 27-9903; Ga. L. 2012, p. 899, § 7-1/HB 1176; Ga. L. 2013, p. 222, § 17/HB 349; Ga. L. 2015, p. 422, § 5-62/HB 310.
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 on July 1, 2012, and shall apply to offenses which occur on or after that date. Any offense occurring before July 1, 2012, shall be governed by the statute in effect at the time of such offense and shall be considered a prior conviction for the purpose of imposing a sentence that provides for a different penalty for a subsequent conviction for the same type of offense, of whatever degree or level, pursuant to this Act.” Ga. L. 2013, p. 222, § 21/HB 349, not codified by the General Assembly, provides: “This Act shall become effective on July 1, 2013, and shall apply to offenses which occur on or after that date. Any offense occurring before July 1, 2013, shall be governed by the statute in effect at the time of such offense.” Ga. L. 2015, p. 422, § 6-1/HB 310, not codified by the General Assembly, provides that: “This Act shall become effective July 1, 2015, and shall apply to sentences entered on or after such date.”
Cross references
Solicitation on behalf of attorneys generally, § 15-19-55.
Law reviews
For article on the 2012 amendment of this Code section, see 29 Ga. St. U. L. Rev. 290 (2012). For article, “Appeal and Error: Appeal or Certiorari by State in Criminal Cases,” see 30 Ga. St. U. L. Rev. 17 (2013). For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 231 (2015).
Read the official page (the state's PDF, opened at the page this text was read from).
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
Text read from t41-t42-(v29a)-2023-pdf.pdf, Volume V29A, 2023 edition, pages 101 to 102; merge action: carried; file SHA-256 1e701a9ff15b.
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