---
title: O.C.G.A. § 42-5-12. Receipt of remuneration by state officials in regard to assignment, transfer, or status of inmate.
collection: code
id: 42-5-12
cite_as: O.C.G.A. § 42-5-12 (2025)
canonical_url: https://georgiacommons.org/code/42-5-12
md_url: https://georgiacommons.org/code/42-5-12.md
text_url: https://georgiacommons.org/code/42-5-12/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t41-t42-(v29a)-2023-pdf.pdf?sfvrsn=4afea80d_0#page=275
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/42-5.md
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: PENAL INSTITUTIONS / CORRECTIONAL INSTITUTIONS OF STATE AND COUNTIES / GENERAL PROVISIONS
---

# O.C.G.A. § 42-5-12. Receipt of remuneration by state officials in regard to assignment, transfer, or status of inmate.

(a) It shall be unlawful for members of the General Assembly or any other state elected or appointed official to accept a fee, money, or other remuneration for contacting, in any manner, the commissioner, any employee of the department, or any member of the board in an attempt to influence the commissioner, employee, or board member concerning a transfer of an inmate from one correctional institution to another or concerning the status and assignment of an inmate within a correctional institution.

(b) Nothing in this Code section shall be construed so as to prohibit:

(1) Members of the General Assembly or other state elected or appointed officials from appearing before or contacting the commissioner, employees of the department, or members of the board when their official duties require them to do so;

(2) Members of the General Assembly or other state elected or appointed officials from requesting information from and presenting information to the commissioner, employees of the department, or members of the board on behalf of constituents when no compensation, gift, favor, or anything of value is accepted, either directly or indirectly, for such services; or

(3) Members of the General Assembly or other state elected or appointed officials from contacting the commissioner, any employee of the department, or any member of the board on behalf of any person so long as there is no fee, money, or other remuneration being paid or received for such contacting.

(c) Nothing in this Code section shall be construed to apply to the acceptance of compensation, expenses, and allowances received by members of the General Assembly or any other state elected or appointed official for his duties as a member or official.

(d) Nothing contained in this Code section shall preclude any attorney from contacting a client who may be in a correctional institution or from making any reasonable contact with employees of the department to the extent that the contact with employees may be necessary to contact his client.

(e) Any person violating this Code section shall be guilty of a misdemeanor.

## History

Ga. L. 1975, p. 1218, § 3.

## Administrative Rules and Regulations

Responsibility, Official Compilation of the Rules and Regulations of the State of Georgia, Board of Corrections, Departmental Operations, Personnel, Rule 125-2-1-.01.