Georgia Code
Article 2 - Wardens, Superintendents, and Other Personnel
§ 42-5-36. Confidentiality of Certain Information Related to Inmates; Certain Information Classified as State Secrets; Declassification; Exception; Records Custodians; Penalties for Breach

History. Ga. L. 1968, p. 1399, § 5; Ga. L. 1983, p. 680, § 1; Ga. L. 1984, p. 22, § 42; Ga. L. 1984, p. 1361, § 1; Ga. L. 1985, p. 149, § 42; Ga. L. 1985, p. 283, § 1; Ga. L. 1997, p. 851, § 1; Ga. L. 2013, p. 1056, § 1A/HB 122; Ga. L. 2017, p. 585, § 2-4/SB 174; Ga. L. 2021, p. 91, § 1/HB 168.
The 2013 amendment, effective July 1, 2013, added subsection (d); and redesignated former subsection (d) as present subsection (e).
The 2017 amendment, effective July 1, 2017, substituted the present provisions of subsection (c) for the former provisions, which read: “(c) All institutional inmate files and central office inmate files of the department shall be classified as confidential state secrets and privileged under law, unless declassified in writing by the commissioner; provided, however, these records shall be subject to subpoena by a court of competent jurisdiction of this state.”
The 2021 amendment, effective July 1, 2021, in subsection (c), added subparagraph (c)(1)(A), redesignated former subparagraphs (c)(1)(A) and (c)(1)(B) as present subparagraphs (c)(1)(B) and (c)(1)(C), respectively, substituted the present provisions of paragraph (c)(2) for the former provisions, which read: “All institutional inmate files and central office inmate files of the department shall be classified as confidential state secrets and privileged under law, unless declassified in writing by the commissioner; provided, however, that these records shall be subject to subpoena by a court of competent jurisdiction of this state and provided, further, that the commissioner shall prepare a report of the conduct of record of any inmate serving a sentence for a serious violent felony. When the report includes conduct which would constitute a serious offense, reasonably related information connected to such offense shall be included in the report. Such report shall be subject to disclosure under paragraph (2) of subsection (a) of Code Section 42-9-43.”; and added subsection (f).
Cross references.
Privileged communications generally, § 24-5-501 et seq.
Inspection of public records generally, § 50-18-70 et seq.
Law reviews.
For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 230 (1997).
For article, “Death Penalty,” see 66 Mercer L. Rev. 51 (2014).
For article on the 2017 amendment of this Code section, see 34 Ga. St. U. L. Rev. 115 (2017).

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