---
title: O.C.G.A. § 42-6-1. Definitions.
collection: code
id: 42-6-1
cite_as: O.C.G.A. § 42-6-1 (2025)
canonical_url: https://georgiacommons.org/code/42-6-1
md_url: https://georgiacommons.org/code/42-6-1.md
text_url: https://georgiacommons.org/code/42-6-1/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=355
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.
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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 / DETAINERS / GENERAL PROVISIONS
---

# O.C.G.A. § 42-6-1. Definitions.

As used in this article, the term:

(1) “Commissioner” means the commissioner of corrections.

(2) “Department” means the Department of Corrections.

(3) “Detainer” means a written instrument executed by the prosecuting officer of a court and filed with the department requesting that the department retain custody of an inmate pending delivery of the inmate to the proper authorities to stand trial upon a pending indictment or accusation, or to await final disposition of all appeals and other motions which are pending on any outstanding sentence, and to which is attached a copy of the indictment, accusation, or conviction which constitutes the basis of the request. The request shall contain a statement that the prosecuting officer desires and intends to bring the inmate to trial upon the pending indictment or accusation, and in the case of an outstanding sentence, that he intends to seek final disposition of all appeals and other motions.

## History

Ga. L. 1968, p. 1110, § 1; Ga. L. 1982, p. 3, § 42; Ga. L. 1982, p. 1373, §§ 1, 2; Ga. L. 1985, p. 149, § 42; Ga. L. 1985, p. 283, § 1.

## Administrative Rules and Regulations

Prohibition, Official Compilation of the Rules and Regulations of the State of Georgia, Board of Corrections, Institutional and Center Operations, Work Standards, Rule 125-3-5-.05.