---
title: O.C.G.A. § 42-5-83. Emergency leaves.
collection: code
id: 42-5-83
cite_as: O.C.G.A. § 42-5-83 (2025)
canonical_url: https://georgiacommons.org/code/42-5-83
md_url: https://georgiacommons.org/code/42-5-83.md
text_url: https://georgiacommons.org/code/42-5-83/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=341
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/42-5-82.md
next: https://georgiacommons.org/code/42-5-84.md
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 / GRANTING SPECIAL LEAVES, EMERGENCY LEAVES, AND LIMITED LEAVE PRIVILEGES
---

# O.C.G.A. § 42-5-83. Emergency leaves.

The warden or superintendent of any penal institution in which inmates committed to the custody of the commissioner have been assigned may authorize, without the prior written approval of the commissioner, emergency leave to an inmate when it is confirmed that there exists a serious illness or death in the inmate’s immediate family and when notice and confirmation of the illness or death does not reach the warden or superintendent in time to authorize special leave in the manner provided in Code Section 42-5-81. Emergency leave cannot be granted under this Code section to any inmate who has been convicted of a sex offense, who has escaped or attempted to escape within 12 months preceding the emergency, who has not served sufficient time to demonstrate his responsibility and dependability, or who has an assaultive pattern determined to exist either from the nature of the offense for which he has been convicted or from conduct while incarcerated in the penal institution. The warden or superintendent granting the emergency leave must forward immediately a written report of the action to the commissioner.

## History

Ga. L. 1975, p. 898, § 2.