Georgia Code
Article 3 - Conditions of Detention Generally
§ 42-5-52.1. Submission to Hiv Test; Separate Housing for Hiv Infected Persons

but neither the department nor any officials, employees, or agents thereof shall be civilly or criminally liable for failing or refusing to house HIV infected persons separately from any other persons who are not HIV infected persons.
History. Code 1981, § 42-5-52.1 , enacted by Ga. L. 1988, p. 1799, § 9; Ga. L. 2009, p. 453, § 3-24/HB 228.
Editor’s notes.
Ga. L. 1988, p. 1799, § 1, not codified by the General Assembly, provides: “The General Assembly finds that Acquired Immunodeficiency Syndrome (AIDS) and its causative agent, including Human Immunodeficiency Virus (HIV), pose a grave threat to the health, safety, and welfare of the people of this state. In the absence of any effective vaccination or treatment for this disease, it threatens almost certain death to all who contract it. The disease is largely transmitted through sexual contacts and intravenous drug use, not through casual contact, and, while deadly, is therefore preventable. The key component of the fight against AIDS is education. Through public education and counseling our citizens can learn how the disease is transmitted and, thus, how to protect themselves and prevent its spread. The Department of Human Resources is encouraged to continue its efforts to educate all Georgians about the disease, its causative agent, and its means of transmission. In addition, voluntary testing should be encouraged for anyone who feels at risk of infection. While education, counseling, and voluntary testing are vital to the elimination of this epidemic, other measures are needed to protect the health of our citizens, and it is the intention of the General Assembly to enact such measures in the exercise of its police powers in order to deal with AIDS and HIV infection.

Structure Georgia Code

Georgia Code

Title 42 - Penal Institutions

Chapter 5 - Correctional Institutions of State and Counties

Article 3 - Conditions of Detention Generally

§ 42-5-50. Transmittal 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

§ 42-5-51. Jurisdiction Over Certain Misdemeanor Offenders; Designation of Place of Confinement of Inmates; Reimbursement of County; Transfer of Inmates to Federal Authority

§ 42-5-51.1. Retention of Inmate in State Penal Institution Pending Trial on Offense Committed While in Confinement

§ 42-5-52. Classification and Separation of Inmates Generally; Placement of Juvenile Offenders and of Females; Transfer of Mentally Diseased, Alcoholic, Drug Addicted, or Tubercular Inmates

§ 42-5-52.1. Submission to Hiv Test; Separate Housing for Hiv Infected Persons

§ 42-5-52.2. Testing of Prison Inmates for Hiv; Consolidation of Inmates Testing Positive

§ 42-5-53. Establishment of County Correctional Institutions; Supervision by Department; Quota of Inmates; Funding; Confinement and Withdrawal of Inmates

§ 42-5-54. Information From Inmates Relating to Medical Insurance; Provision and Payment of Medical Treatment for Inmates

§ 42-5-55. Deductions From Inmate Accounts for Payment of Certain Damages and Medical Costs; Limit on Deductions; Fee for Managing Inmate Accounts

§ 42-5-56. Visitation With Minors by Convicted Sexual Offenders

§ 42-5-57. Institution of Rehabilitation Programs; Provision of Opportunities for Educational, Religious, and Recreational Activities

§ 42-5-58. Prohibition Against Corporal Punishment; Use of Handcuffs, Leg Chains, and Other Restraints; Permissible Punishment Generally

§ 42-5-59. Employment of Inmates in the Local Community

§ 42-5-60. Hiring 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

§ 42-5-60.1. Utilization of Inmates of County Correctional Institutions for Work on Outdoor Assignments During Inclement Weather; Supervision of Inmates

§ 42-5-61. Services and Benefits to Be Furnished Inmates Discharged by Department or County Correctional Institutions

§ 42-5-62. Forfeiture of Contraband

§ 42-5-63. Unauthorized Possession of Weapon by Inmate

§ 42-5-64. Educational Programming

§ 42-5-65. Victim Photographs Prohibited; Exception