Georgia Code
Chapter 2 - Board and Department of Corrections
§ 42-2-11. Powers and Duties of Board; Adoption of Rules and Regulations

History. Ga. L. 1956, p. 161, § 11; Ga. L. 1969, p. 598, § 1; Ga. L. 1978, p. 1647, § 1; Ga. L. 1983, p. 3, §§ 31, 60; Ga. L. 1983, p. 507, § 3; Ga. L. 1996, p. 691, § 2; Ga. L. 1996, p. 726, § 1; Ga. L. 2006, p. 727, § 1/SB 44; Ga. L. 2012, p. 899, § 7-4/HB 1176; Ga. L. 2013, p. 141, § 42/HB 79; Ga. L. 2015, p. 422, § 5-68/HB 310; Ga. L. 2016, p. 443, § 8-2/SB 367; Ga. L. 2017, p. 585, § 2-2/SB 174.
The 2012 amendment, effective July 1, 2012, designated the existing provisions of subsection (c) as paragraph (c)(1) and added paragraph (c)(2). See Editor’s notes for applicability.
The 2013 amendment, effective April 24, 2013, part of an Act to revise, modernize, and correct the Code, substituted “House Committee on State Properties” for “House Committee on State Institutions and Property” near the end of the last sentence of subparagraph (c)(2)(B).
The 2015 amendment, effective July 1, 2015, in subparagraph (c)(2)(B), in the first sentence, substituted “inmates coming under its custody” for “inmates and probationers” near the middle, and deleted “and managing probationers in the community” at the end, and deleted “or probationer” following “an inmate” near the middle of the second sentence. See Editor’s notes for applicability.
The 2016 amendment, effective July 1, 2016, in subsection (i), deleted “and probation diversion centers for the confinement of probationers under Code Section 42-8-35.5” following “Code Section 42-8-35.4” at the end of the first sentence and deleted “and probation diversion” preceding “centers” near the end of the second sentence.
The 2017 amendment, effective July 1, 2017, in subparagraph (c)(2)(B), inserted the second sentence and substituted “House Committee on Judiciary and the Senate Judiciary Committee” for “House Committee on State Properties and the Senate State Institutions and Property Committee” at the end of the last sentence; and added subparagraph (c)(2)(C).
Code Commission notes.
Pursuant to Code Section 28-9-5, in 1996, subsection (g) as enacted by Ga. L. 1996, p. 726, § 1, was redesignated as subsection (f) and subsections (f) and (g) as enacted by Ga. L. 1996, 691, § 2, were redesignated as subsections (g) and (h), respectively.
Editor’s notes.
Ga. L. 1983, p. 507, § 1, not codified by the General Assembly, provides as follows: “It is the intent of this Act to implement certain changes required by Article III, Section VI, Paragraph IV, subparagraph (b) of the Constitution of the State of Georgia.”
Ga. L. 2012, p. 899, § 9-1(a)/HB 1176, not codified by the General Assembly, provides: “This Act shall become effective on July 1, 2012, and shall apply to offenses which occur on or after that date. Any offense occurring before July 1, 2012, shall be governed by the statute in effect at the time of such offense and shall be considered a prior conviction for the purpose of imposing a sentence that provides for a different penalty for a subsequent conviction for the same type of offense, of whatever degree or level, pursuant to this Act.”
Ga. L. 2015, p. 422, § 6-1/HB 310, not codified by the General Assembly, provides that: “This Act shall become effective July 1, 2015, and shall apply to sentences entered on or after such date.”
Law reviews.
For note, “Behind Closed Doors: An Empirical Inquiry Into the Nature of Prison Discipline in Georgia,” see 8 Ga. L. Rev. 919 (1974).
For review of 1996 department of corrections legislation, see 13 Ga. St. U.L. Rev. 253 (1996).
For article on the 2012 amendment of this Code section, see 29 Ga. St. U. L. Rev. 290 (2012).
For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 231 (2015).
For article on the 2016 amendment of this Code section, see 33 Ga. St. U. L. Rev. 139 (2016).
For article on the 2017 amendment of this Code section, see 34 Ga. St. U. L. Rev. 115 (2017).