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Article 1 - General Provisions
§ 42-5-1. Definitions - As used in this chapter, the term: History. Code 1981,...
§ 42-5-2. Responsibilities of Governmental Unit With Custody of Inmate; Costs of Emergency and Follow-Up Care; Access to Medical Services or Hospital Care; Hospital Requirements for Providing Emergency Health Care Services to State Inmates - History. Ga. L. 1956, p. 161, § 13; Ga. L....
§ 42-5-3. Department’s Responsibility for Trial Costs and Expenses - The whole costs of the case and expenses of the...
§ 42-5-4. Payment of Trial Costs and Expenses - The clerk of the superior court from the county in...
§ 42-5-5. Reimbursement of Court Costs and Transportation and Detention Expenses Incurred in Trying Escapees From State Correctional Institutions - The department is authorized and directed to reimburse the clerk...
§ 42-5-6. Participation by County Correctional Institutions in State Purchasing Contracts - County correctional institutions may participate in all state purchasing contracts...
§ 42-5-7. Sudden or Unusual Death of Inmate - Whenever any inmate dies suddenly or under unusual circumstances in...
§ 42-5-8. Notification Upon Escape of Inmate - In addition to any all-points bulletin issued by the department...
§ 42-5-9. Notification of Projected Release Date of Inmate - At least 15 days prior to the projected release date...
§ 42-5-10. Promulgation of Rules Governing Plans and Specifications for New Correctional Institutions; Certification of Acceptability of Old Facilities by State Fire Marshal - The board shall prescribe by rule and regulation the required...
§ 42-5-11. General Prohibition Against Receipt of Remuneration in Regard to Assignment, Transfer, or Status of Inmate - History. Ga. L. 1975, p. 1218, § 1.
§ 42-5-12. Receipt of Remuneration by State Officials in Regard to Assignment, Transfer, or Status of Inmate - History. Ga. L. 1975, p. 1218, § 3.
§ 42-5-13. Record of Person Contacting Commissioner, Department, or Board on Behalf of Inmate - The department shall maintain a complete written record of every...
§ 42-5-14. Establishment of Guard Lines and Signs at State or County Correctional Institutions - Guard lines shall be established by the warden, superintendent, or...
§ 42-5-15. Crossing of Guard Lines With Weapons, Intoxicants, or Drugs Without Consent of Warden or Superintendent - History. Ga. L. 1903, p. 71, § 1; Penal Code...
§ 42-5-16. Trading With Inmates Without Consent of Warden or Superintendent - It shall be unlawful for any person to trade or...
§ 42-5-17. Loitering Near Inmates After Being Ordered to Desist - It shall be unlawful for any person to loaf, linger,...
§ 42-5-18. Items Prohibited for Possession by Inmates; Warden’s Authorization; Penalty; Use of Unmanned Aircraft to Accomplish Violations - (b.1) It shall be unlawful for any person to obtain...
§ 42-5-19. Penalty for Violating Code Section 42-5-16 or 42-5-17 - Any person who violates Code Section 42-5-16 or 42-5-17 shall...
§ 42-5-20. Alcohol or Drug Use Risk Reduction Program - The department shall provide within the correctional system an Alcohol...
§ 42-5-21. Family Violence Counseling Program - The department shall provide within the correctional system a Family...
Article 2 - Wardens, Superintendents, and Other Personnel
§ 42-5-30. Qualifications for Wardens, Superintendents, and Other Personnel; Appointment of Wardens of County Correctional Institutions - The board shall by rule and regulation define the qualifications...
§ 42-5-31. Oath of Office of Wardens and Superintendents, Their Deputies, and Other Correctional Officers - Before entering upon the duties of their office, wardens and...
§ 42-5-32. Bonds of Superintendents, Wardens, and Other Officials and Employees - History. Penal Code 1910, § 1197; Code 1933, § 77-311;...
§ 42-5-33. Submission of Monthly Reports to Commissioner by Wardens and Superintendents - The wardens or superintendents of all state or county correctional...
§ 42-5-34. Powers of Arrest of Wardens, Superintendents, and Deputies - Wardens and superintendents shall have authority to deputize any person...
§ 42-5-35. Conferral of Police Powers; Authorization to Assist Local Law Enforcement Officers or Correctional Officers; Retention of Badge - History. Ga. L. 1956, p. 161, § 19; Ga. L....
§ 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....
§ 42-5-37. Employees in Control of Inmates Prohibited From Receiving Profit From Inmate Labor; Penalties - History. Ga. L. 1908, p. 1119, § 11; Penal Code...
§ 42-5-37.1. Compensation of Employees of Institutions Operated by Department for Damages to Wearing Apparel Caused by Inmate Action - History. Ga. L. 1981, p. 1429, § 1.
§ 42-5-38. Making False Statement as to Age to Procure Employment - Any person who makes a false statement as to his...
§ 42-5-39. Refusal by Officer to Receive Inmates in Correctional Institution - If the superintendent or warden of a state or county...
§ 42-5-40. Requiring Inmates to Do Unnecessary Work on Sunday - Any superintendent, warden, or other correctional official who causes any...
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 - All of the aforementioned documents shall be submitted on forms...
§ 42-5-51. Jurisdiction Over Certain Misdemeanor Offenders; Designation of Place of Confinement of Inmates; Reimbursement of County; Transfer of Inmates to Federal Authority - History. Ga. L. 1956, p. 161, § 13; Ga. L....
§ 42-5-51.1. Retention of Inmate in State Penal Institution Pending Trial on Offense Committed While in Confinement - History. Code 1981, § 42-5-51.1 , enacted by Ga. L....
§ 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 - History. Ga. L. 1897, p. 71, § 8; Penal Code...
§ 42-5-52.1. Submission to Hiv Test; Separate Housing for Hiv Infected Persons - but neither the department nor any officials, employees, or agents...
§ 42-5-52.2. Testing of Prison Inmates for Hiv; Consolidation of Inmates Testing Positive - History. Code 1981, § 42-5-52.2 , enacted by Ga. L....
§ 42-5-53. Establishment of County Correctional Institutions; Supervision by Department; Quota of Inmates; Funding; Confinement and Withdrawal of Inmates - History. Ga. L. 1956, p. 161, § 16; Ga. L....
§ 42-5-54. Information From Inmates Relating to Medical Insurance; Provision and Payment of Medical Treatment for Inmates - History. Code 1981, § 42-5-54 , enacted by Ga. L....
§ 42-5-55. Deductions From Inmate Accounts for Payment of Certain Damages and Medical Costs; Limit on Deductions; Fee for Managing Inmate Accounts - History. Code 1981, § 42-5-55 , enacted by Ga. L....
§ 42-5-56. Visitation With Minors by Convicted Sexual Offenders - History. Code 1971, § 42-5-56 , enacted by Ga. L....
§ 42-5-57. Institution of Rehabilitation Programs; Provision of Opportunities for Educational, Religious, and Recreational Activities - History. Ga. L. 1956, p. 161, § 23; Ga. L....
§ 42-5-58. Prohibition Against Corporal Punishment; Use of Handcuffs, Leg Chains, and Other Restraints; Permissible Punishment Generally - History. Ga. L. 1956, p. 161, § 15; Ga. L....
§ 42-5-59. Employment of Inmates in the Local Community - History. Ga. L. 1956, p. 161, § 13; Ga. L....
§ 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 - Nothing in this subsection shall be construed to forbid the...
§ 42-5-60.1. Utilization of Inmates of County Correctional Institutions for Work on Outdoor Assignments During Inclement Weather; Supervision of Inmates - History. Ga. L. 1981, p. 1421, § 1.
§ 42-5-61. Services and Benefits to Be Furnished Inmates Discharged by Department or County Correctional Institutions - History. Ga. L. 1956, p. 161, § 21; Ga. L....
§ 42-5-62. Forfeiture of Contraband - The possession by an inmate on his person or in...
§ 42-5-63. Unauthorized Possession of Weapon by Inmate - History. Ga. L. 1973, p. 555, § 1; Ga. L....
§ 42-5-64. Educational Programming - History. Code 1981, § 42-5-64 , enacted by Ga. L....
§ 42-5-65. Victim Photographs Prohibited; Exception - History. Code 1981, § 42-5-65 , enacted by Ga. L....
Article 4 - Granting Special Leaves, Emergency Leaves, and Limited Leave Privileges
§ 42-5-80. Authorization and General Procedure for Granting Special Leave - Whenever recommended by the warden or superintendent of any penal...
§ 42-5-81. Issuance of Special Leave; Filing - All special leaves must be issued in writing, must set...
§ 42-5-82. Purposes for Which Special Leave May Be Granted - A special leave may be granted for the purpose of:...
§ 42-5-83. Emergency Leaves - The warden or superintendent of any penal institution in which...
§ 42-5-84. Delegation of Authority to Issue Limited Leave Privileges; Records - The commissioner may delegate to any warden or superintendent of...
§ 42-5-85. Leave Privileges of Inmates Serving Murder Sentences - History. Code 1981, § 42-5-85 , enacted by Ga. L....
Article 5 - Awarding Earned-Time Allowances
§ 42-5-100. Termination of Board’s Power to Award Earned-Time Allowances - The earned-time allowances, which could have been awarded by the...
§ 42-5-101. Work Incentive Credits - History. Code 1981, § 42-5-101 , enacted by Ga. L....
Article 6 - Voluntary Labor Program
§ 42-5-120. Rules and Regulations; Requirements - (b.1) Regulations relating to paragraphs (2) and (6) of subsection...
§ 42-5-121. Federal Certification - The commissioner shall seek certification under the federal Prison Industry...
§ 42-5-122. Conflicting Legislation Preempted - Any program for voluntary labor by inmates created in accordance...
§ 42-5-123. Compensation by Employers for Administrative and Other Costs to the State - History. Code 1981, § 42-5-123 , enacted by Ga. L....
§ 42-5-124. Publicizing and Inviting Participation in Programs; Cooperation With the Department of Labor - Following the issuance and promulgation of rules and regulations, the...
§ 42-5-125. General Applicability; Exceptions - History. Code 1981, § 42-5-125 , enacted by Ga. L....