As used in this chapter, the term:
(4.1) “Detention facility” means a municipal or county jail used for the detention of persons charged with or convicted of a felony, a misdemeanor, or a municipal or county ordinance, but shall not include a facility customarily used to hold one or more persons for a period not to exceed eight hours while any such person awaits processing, booking, court appearance, or release.
(5.1) “Jail officer” means any person who is employed or appointed by a county or a municipality and who has the responsibility of supervising inmates who are confined in a municipal or county detention facility.
(5.2) “Juvenile correctional facility” means a facility operated by the Department of Juvenile Justice and used for the detention of youth who are delinquent or who are alleged to be delinquent or a facility operated by the Department of Juvenile Justice used for the care, treatment, and rehabilitation of juvenile offenders.
(5.3) “Juvenile correctional officer” means any person employed or appointed by the Department of Juvenile Justice who has the primary responsibility for the supervision and control of youth confined in its programs and facilities.
(B.1) Personnel who are authorized to exercise the power of arrest, who are employed or appointed by the Department of Juvenile Justice, and whose full-time duties include the preservation of public order, the protection of life and property, the detection of crime, the supervision of delinquent children in the department’s institutions, facilities, or programs, or the supervision of delinquent children under intensive supervision in the community;
Law enforcement support personnel are not peace officers within the meaning of this chapter, but they may be certified upon voluntarily complying with the certification provisions of this chapter.
(8.1) “Requesting entity” means any law enforcement agency or other entity within this state empowered by law to maintain a law enforcement unit.
(8.2) “Retired correctional officer” means any retired correctional officer certified by the council.
(10.1) “School resource officer” means a peace officer whose primary employment or assigned duties with a law enforcement unit is assignment or appointment to a public elementary school or secondary school.
History. Ga. L. 1970, p. 208, §§ 2, 14; Ga. L. 1975, p. 1165, §§ 2, 3, 10; Ga. L. 1976, p. 395, §§ 1-5; Ga. L. 1978, p. 992, §§ 1, 2; Ga. L. 1978, p. 2299, § 1; Ga. L. 1980, p. 979, § 1; Ga. L. 1981, p. 778, § 1; Ga. L. 1982, p. 3, § 35; Ga. L. 1982, p. 2478, §§ 1, 2, 5, 6; Ga. L. 1985, p. 283, § 1; Ga. L. 1987, p. 1141, § 1; Ga. L. 1989, p. 568, § 1; Ga. L. 1993, p. 91, § 35; Ga. L. 1993, p. 966, §§ 1, 2; Ga. L. 1995, p. 880, § 1; Ga. L. 1995, p. 1238, § 1; Ga. L. 1996, p. 1281, § 1; Ga. L. 1997, p. 582, §§ 1, 2; Ga. L. 1997, p. 1453, § 1; Ga. L. 1997, p. 1488, §§ 2A, 2B, 7A, 7B; Ga. L. 1998, p. 128, § 35; Ga. L. 1998, p. 224, § 2; Ga. L. 1999, p. 777, §§ 2, 3; Ga. L. 2012, p. 775, § 35/HB 942; Ga. L. 2013, p. 294, § 4-45/HB 242; Ga. L. 2014, p. 382, § 1/SB 324; Ga. L. 2015, p. 422, § 5-56/HB 310; Ga. L. 2017, p. 673, § 1-1/SB 149; Ga. L. 2020, p. 481, § 1/SB 341.
The 2017 amendment, effective July 1, 2017, added paragraph (10.1).
The 2020 amendment, effective January 1, 2021, added paragraphs (8.1) and (8.2).
Code Commission notes.
Pursuant to Code Section 28-9-5, in 1998, “Department of Juvenile Justice” was substituted for “Department of Children and Youth Services” in subparagraph (8)(B).
Editor’s notes.
Ga. L. 2013, p. 294, § 5-1/HB 242, not codified by the General Assembly, provides that: “This Act shall become effective on January 1, 2014, and shall apply to all offenses which occur and juvenile proceedings commenced on and after such date. Any offense occurring before January 1, 2014, shall be governed by the statute in effect at the time of such offense and shall be considered a prior adjudication for the purpose of imposing a disposition that provides for a different penalty for subsequent adjudications, of whatever class, pursuant to this Act. The enactment of this Act shall not affect any prosecutions for acts occurring before January 1, 2014, and shall not act as an abatement of any such prosecutions.”
Ga. L. 2015, p. 422, § 6-1/HB 310, not codified by the General Assembly, provides, in part, that this Act shall apply to sentences entered on or after July 1, 2015.
Administrative rules and regulations.
Definitions, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Peace Officer Standards and Training Council, Sec. 464-2-.01.
Law reviews.
For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 231 (2015).
For review of 1996 use of radar speed detection devices legislation, see 13 Ga. St. U. L. Rev. 244 (1996).
Structure Georgia Code
Title 35 - Law Enforcement Officers and Agencies
Chapter 8 - Employment and Training of Peace Officers
§ 35-8-5. Compensation of Members of Council
§ 35-8-7. Powers and Duties of Council Generally
§ 35-8-7.2. Administrative Procedure; Hearings; Review
§ 35-8-7.3. Civil Suits by Peace Officers
§ 35-8-7.4. Bias Motivated Intimidation of First Responders; Prosecution and Penalty
§ 35-8-11. Basic Course to Be Completed at Schools Certified by Council
§ 35-8-12. Certification to Use Speed Detection Devices; Withdrawal or Suspension of Certificate
§ 35-8-13.1. Training and Certification of Municipal Probation Officers
§ 35-8-18. Applicability of Chapter to Emergency Peace Officers
§ 35-8-19. Appointment of Citizen of Adjoining State as Peace Officer
§ 35-8-20.1. Training for Police Chiefs and Department Heads Appointed After June 30, 1999; Waivers
§ 35-8-24. Training Requirements for Jail Officers and Juvenile Correctional Officers
§ 35-8-27. Training Requirements for School Resource Officers