---
title: O.C.G.A. § 42-5-3. Department’s responsibility for trial costs and expenses.
collection: code
id: 42-5-3
cite_as: O.C.G.A. § 42-5-3 (2025)
canonical_url: https://georgiacommons.org/code/42-5-3
md_url: https://georgiacommons.org/code/42-5-3.md
text_url: https://georgiacommons.org/code/42-5-3/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=270
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
previous: https://georgiacommons.org/code/42-5-2.md
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index: https://georgiacommons.org/code/index.md
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. § 42-5-3. Department’s responsibility for trial costs and expenses.

The whole costs of the case and expenses of the trial involving an inmate of the state penal system charged with the violation of any criminal statute shall be borne by the department, provided the offense was committed by the inmate within the confines of a state correctional institution or was the crime of escape or attempted escape. The costs and expenses of the trial shall include, but shall not be limited to, the cost of the sheriff, bailiff, clerks, jurors, and jail fees and shall be paid by the department to the governing authority of the county in which the trial was conducted, for proper disposition.

## History

Orig. Code 1863, § 4690; Code 1868, § 4714; Code 1873, § 4812; Code 1882, § 4812; Penal Code 1895, § 1174; Penal Code 1910, § 1230; Code 1933, § 77-401; Ga. L. 1964, p. 462, § 1; Ga. L. 1975, p. 1590, § 1.

## Cross References

Payment of costs of criminal proceedings generally, § 17-11-1 et seq.

## Administrative Rules and Regulations

Evaluations and Inspections, Official Compilation of the Rules and Regulations of the State of Georgia, Board of Corrections, Administration, Administration, Rule 125-1-2-.10.

Investigations and Intelligence, Official Compilation of the Rules and Regulations of the State of Georgia, Board of Corrections, Administration, Administration, Rule 125-1-2-.11.

Rewards, Official Compilation of the Rules and Regulations of the State of Georgia, Board of Corrections, Institutional and Center Operations, Custody and Security, Rule 125-3-1-.09.