Georgia Commons

Title 42. PENAL INSTITUTIONS

Chapter 5. CORRECTIONAL INSTITUTIONS OF STATE AND COUNTIES

68 sections · 42-5-1 to 42-5-125

Article 1. GENERAL PROVISIONS

  1. 42-5-1Definitions.
  2. 42-5-2Care and services required for inmates; responsibility of costs; prohibited procedures and treatments.
  3. 42-5-3Department’s responsibility for trial costs and expenses.
  4. 42-5-4Payment of trial costs and expenses.
  5. 42-5-5Reimbursement of court costs and transportation and detention expenses incurred in trying escapees from state correctional institutions.
  6. 42-5-6Participation by county correctional institutions in state purchasing contracts.
  7. 42-5-7Sudden or unusual death of inmate.
  8. 42-5-8Notification upon escape of inmate.
  9. 42-5-9Notification of projected release date of inmate.
  10. 42-5-10Promulgation of rules governing plans and specifications for new correctional institutions; certification of acceptability of old facilities by state fire marshal.
  11. 42-5-11General prohibition against receipt of remuneration in regard to assignment, transfer, or status of inmate.
  12. 42-5-12Receipt of remuneration by state officials in regard to assignment, transfer, or status of inmate.
  13. 42-5-13Record of person contacting commissioner, department, or board on behalf of inmate.
  14. 42-5-14Establishment of guard lines and signs at state or county correctional institutions.
  15. 42-5-15Crossing of guard lines with weapons, intoxicants, or drugs without consent of warden or superintendent.
  16. 42-5-16Trading with inmates without consent of warden or superintendent.
  17. 42-5-17Loitering near inmates after being ordered to desist.
  18. 42-5-18Items prohibited for possession by inmates; warden’s authorization; penalty; use of unmanned aircraft to accomplish violations.
  19. 42-5-19Penalty for violating Code Section 42-5-16 or 42-5-17.
  20. 42-5-20Alcohol or Drug Use Risk Reduction Program.
  21. 42-5-21Family Violence Counseling Program.

Article 2. WARDENS, SUPERINTENDENTS, AND OTHER PERSONNEL

  1. 42-5-30Qualifications for wardens, superintendents, and other personnel; appointment of wardens of county correctional institutions.
  2. 42-5-31Oath of office of wardens and superintendents, their deputies, and other correctional officers.
  3. 42-5-32Bonds of superintendents, wardens, and other officials and employees.
  4. 42-5-33Submission of monthly reports to commissioner by wardens and superintendents.
  5. 42-5-34Powers of arrest of wardens, superintendents, and deputies.
  6. 42-5-35Conferral of police powers; authorization to assist local law enforcement officers or correctional officers; retention of badge.
  7. 42-5-36Confidentiality of certain information related to inmates; certain information classified as state secrets; declassification; exception; records custodians; penalties for breach.
  8. 42-5-37Employees in control of inmates prohibited from receiving profit from inmate labor; penalties.
  9. 42-5-37.1Compensation of employees of institutions operated by department for damages to wearing apparel caused by inmate action.
  10. 42-5-38Making false statement as to age to procure employment.
  11. 42-5-39Refusal by officer to receive inmates in correctional institution.
  12. 42-5-40Requiring inmates to do unnecessary work on Sunday.
  13. 42-5-41Compensation of department employee injured by inmate or probationer.Repealed

Article 3. CONDITIONS OF DETENTION GENERALLY

  1. 42-5-50Transmittal of information on convicted persons; place of detention; payment for inmates not transferred to the custody of the department; notice in the event of convicted person free on bond pending appeal.
  2. 42-5-51Jurisdiction over certain misdemeanor offenders; designation of place of confinement of inmates; reimbursement of county; transfer of inmates to federal authority.
  3. 42-5-51.1Retention of inmate in state penal institution pending trial on offense committed while in confinement.
  4. 42-5-52Classification and separation of inmates generally; placement of juvenile offenders and female inmates; transfer of certain inmates.
  5. 42-5-52.1Submission to HIV test; separate housing for HIV infected persons.
  6. 42-5-52.2Testing of prison inmates for HIV; consolidation of inmates testing positive.
  7. 42-5-53Establishment of county correctional institutions; supervision by department; quota of inmates; funding; confinement and withdrawal of inmates.
  8. 42-5-54Information from inmates relating to medical insurance; provision and payment of medical treatment for inmates.
  9. 42-5-55Deductions from inmate accounts for payment of certain damages and medical costs; limit on deductions; fee for managing inmate accounts.
  10. 42-5-56Visitation with minors by convicted sexual offenders.
  11. 42-5-57Institution of rehabilitation programs; provision of opportunities for educational, religious, and recreational activities.
  12. 42-5-58Prohibition against corporal punishment; use of handcuffs, leg chains, and other restraints; permissible punishment generally.
  13. 42-5-59Employment of inmates in the local community.
  14. 42-5-60Hiring out of inmates; participation of inmates in programs of volunteer service; sale of products produced by inmates; disposition of proceeds; payment to inmates for services.
  15. 42-5-60.1Utilization of inmates of county correctional institutions for work on outdoor assignments during inclement weather; supervision of inmates.
  16. 42-5-61Services and benefits furnished to inmates upon discharge.
  17. 42-5-62Forfeiture of contraband.
  18. 42-5-63Unauthorized possession of weapon by inmate.
  19. 42-5-64Educational programming; information provided to released prisoners.
  20. 42-5-65Victim photographs prohibited; exception.

Article 4. GRANTING SPECIAL LEAVES, EMERGENCY LEAVES, AND LIMITED LEAVE PRIVILEGES

  1. 42-5-80Authorization and general procedure for granting special leave.
  2. 42-5-81Issuance of special leave; filing.
  3. 42-5-82Purposes for which special leave may be granted.
  4. 42-5-83Emergency leaves.
  5. 42-5-84Delegation of authority to issue limited leave privileges; records.
  6. 42-5-85Leave privileges of inmates serving murder sentences.

Article 5. AWARDING EARNED-TIME ALLOWANCES

  1. 42-5-100Termination of board’s power to award earned-time allowances.
  2. 42-5-101Work incentive credits.

Article 6. VOLUNTARY LABOR PROGRAM

  1. 42-5-120Rules and regulations; requirements.
  2. 42-5-121Federal certification.
  3. 42-5-122Conflicting legislation preempted.
  4. 42-5-123Compensation by employers for administrative and other costs to the state.
  5. 42-5-124Publicizing and inviting participation in programs; cooperation with the Department of Labor.
  6. 42-5-125General applicability; exceptions.