Georgia Code — 42
Browse 351 sections in division 42 of the Georgia code. Each section page includes the full statutory text, official source links, and citation guidance.
Sections (showing up to 300)
- § 42-1-1. Definitions.
- § 42-1-2. Reward for information leading to capture of escaped inmate of penal institution under jurisdiction of Board of Corrections.
- § 42-1-3. Defendant sentenced to death or life imprisonment not to be made trusty during time case on appeal; manner of confinement of defendant.
- § 42-1-4. Work-release programs for county prisoners.
- § 42-1-5. Use of inmate for private gain.
- § 42-1-6. Injury or contact by inmate presenting possible threat of transmission of communicable disease.
- § 42-1-7. Notification to transporting law enforcement agency of inmate's or patient's infectious or communicable disease.
- § 42-1-8. Home arrest program.
- § 42-1-9. Work-release, educational, and habilitative programs for county prisoners.
- § 42-1-10. Preliminary urine screen drug tests.
- § 42-1-11. Notification of crime victim of impending release of offender from imprisonment.
- § 42-1-11. 1. Alien prisoners eligible for deportation; cooperation with federal deportation program; waiver of extradition rights; transportation.
- § 42-1-11. 2. Advice on employment of attorney prohibited; penalty.
- § 42-1-11. 3. Treatment of pregnant and postpartum female inmates.
- § 42-1-12. State Sexual Offender Registry.
- § 42-1-13. Sexual Offender Registration Review Board; composition; appointment; administration and duties; immunity from liability.
- § 42-1-14. Risk assessment classification; classification as "sexually dangerous predator"; electronic monitoring.
- § 42-1-15. Restriction on registered offenders residing, working, or loitering within certain distance of child care facilities, churches, schools, or areas where minors congregate; penalty for violations; civil causes of action.
- § 42-1-16. Definitions; employment restrictions for sexual offenders; penalties.
- § 42-1-17. Definitions; residency restrictions for sexual offenders; penalties.
- § 42-1-18. "Photograph" defined; photographing minor without consent of parent or guardian prohibited; penalty.
- § 42-1-19. Petition for release from registration requirements.
- § 42-2-1. Creation.
- § 42-2-2. Board members, officers, records, and compensation.
- § 42-2-3. Board meetings.
- § 42-2-4. Department created.
- § 42-2-5. Administrative functions of department.
- § 42-2-5. 1. Special school district for school age youth.
- § 42-2-5. 2. Educational programs for adult offenders; awarding of Program and Treatment Completion Certificate.
- § 42-2-6. Office of commissioner created; general duties; appointment; compensation.
- § 42-2-7. Duties of commissioner relating to department retirements.
- § 42-2-8. Additional duties of commissioner.
- § 42-2-9. Selection of department personnel; establishment and maintenance of roster of employees.
- § 42-2-10. Office of board, commissioner, and staff.
- § 42-2-11. Powers and duties of board; adoption of rules and regulations.
- § 42-2-12. Reasonableness of rules and regulations.
- § 42-2-13. Grants to municipal corporations and counties for local jails and correctional institutions.
- § 42-2-14. Power of Governor to declare state of emergency with regard to jail and prison overcrowding.
- § 42-2-15. Employee benefit fund.
- § 42-2-16. Retaining department issued weapons.
- § 42-3-1. Definitions.
- § 42-3-2. Board of Community Supervision created; membership; creation of Program and Treatment Completion Certificate; adoption of rules and regulations; duties.
- § 42-3-3. Department of Community Supervision created; responsibilities.
- § 42-3-4. Commissioner of community supervision; duties.
- § 42-3-5. Administrative functions of department.
- § 42-3-6. Rules and regulations.
- § 42-3-7. Transfer of prior appropriations, personnel, equipment, and facilities; probation and parole not affected by creation of department.
- § 42-3-8. Employee benefit fund.
- § 42-3-9. Retention of issued weapon and badge; survivor's rights to badge.
- § 42-3-10. Appeals of sanctions; venue; no waiver of immunity.
- § 42-3-50. Definitions; assignment of community service for personal gain prohibited.
- § 42-3-51. Community service or educational advancement program; letter of application; requirements; limitation of liability.
- § 42-3-52. Community service or educational advancement as condition of probation.
- § 42-3-53. Placement with appropriate agency; approval by court; report of offender's performance.
- § 42-3-70. Operation of pretrial release and diversion programs.
- § 42-3-71. Discretionary release upon application by person charged with felony.
- § 42-3-72. Contracts with counties for services and facilities.
- § 42-3-73. Authority to establish and operate pretrial release diversion programs does not affect contracting authority of Georgia Department of Labor.
- § 42-3-74. Judicial approval for pretrial release and diversion program required.
- § 42-3-90. Establishment of diversion center; authorization for travel to and from employment; requirements during confinement at diversion center.
- § 42-3-110. Short title.
- § 42-3-111. Definitions.
- § 42-3-112. Sentencing options system.
- § 42-3-113. System of administrative sanctions.
- § 42-3-114. Preliminary hearing for alleged violation of probation.
- § 42-3-115. Authorization to impose administrative sanctions; petition; hearing; administrative proceeding.
- § 42-3-116. Finality of hearing officer's decision; request for review; appeal.
- § 42-3-117. Article not construed as repealing any court's probationary or supervisory power.
- § 42-3-118. Applicability of article.
- § 42-3-119. Liberal construction of article.
- § 42-4-1. Appointment of county and municipal jailers.
- § 42-4-2. Oath and bond of jailers.
- § 42-4-3. When coroner to act as keeper of jail.
- § 42-4-4. Duties of sheriff as to jail inmates; designation of inmate as trusty; failure to comply with Code section.
- § 42-4-5. Cruelty to inmates.
- § 42-4-6. Confinement and care of tubercular inmates; crediting of time spent in hospital or institution against sentence.
- § 42-4-7. Maintenance of inmate record by sheriff; earned time allowances.
- § 42-4-8. Inquiry into contents of inmate record by grand jury; failure to comply with Code Section 42-4-7.
- § 42-4-9. Conditions for receipt of federal prisoners.
- § 42-4-10. Receipt of additional federal prisoners after initial acceptance.
- § 42-4-11. Procedure for transfer of person in custody upon change of venue.
- § 42-4-12. Penalty for refusal by officer to receive persons charged with or guilty of offense.
- § 42-4-13. Possession of drugs, weapons, alcohol, or tobacco products by inmates.
- § 42-4-14. "Illegal alien" defined; determination of nationality of person charged with felony and confined in a jail facility.
- § 42-4-15. Limitations on medical charges for providing emergency medical care services to individuals in custody.
- § 42-4-30. Definitions.
- § 42-4-31. Required safety and security measures.
- § 42-4-32. Sanitation and health requirements generally; meals; inspections; medical treatment.
- § 42-4-33. Penalty for violations of article.
- § 42-4-50. Definitions.
- § 42-4-51. Information as to inmate's health insurance or eligibility for benefits; access to medical services; liability for payment; inmate's liability for costs of medical care; procedure for recovery against inmate.
- § 42-4-70. Definitions.
- § 42-4-71. Deduction of costs from inmate's account for destruction of property, medical treatment, and other causes; exception for certain medical costs.
- § 42-4-90. Short title.
- § 42-4-91. Statement of authority; policy of state.
- § 42-4-92. Definitions.
- § 42-4-93. Creation of authorities; ordinance or resolution required; agreement; approval of sheriff; exemption from Georgia State Financing and Investment Commission Act.
- § 42-4-94. Board of directors; members; election of officers; expenses; duties; addition of counties or municipalities to authority.
- § 42-4-95. Management committee of county regional jail authority; management and operation of municipal regional jail authority.
- § 42-4-96. Quorums; voting requirements.
- § 42-4-97. Powers of authority.
- § 42-4-98. Duties and responsibilities of sheriffs and governing bodies imposed upon management committee and authority.
- § 42-4-99. Limitation on liability of members, officers, or employees.
- § 42-4-100. Bonds or other obligations; requirements and procedure for issuance.
- § 42-4-101. Bonds or other obligations not indebtedness of state or political subdivision; payment.
- § 42-4-102. Construction of article; bonds not subject to regulation under Georgia Uniform Securities Act; power of counties and municipalities to activate authorities.
- § 42-4-103. Operation and finance agreement required; withdrawal from authority.
- § 42-4-104. Authority of county or municipality to establish and maintain jail or jail-holding facility.
- § 42-4-105. Immunity of authorities from liability.
- § 42-5-1. Definitions.
- § 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.
- § 42-5-3. Department's responsibility for trial costs and expenses.
- § 42-5-4. Payment of trial costs and expenses.
- § 42-5-5. Reimbursement of court costs and transportation and detention expenses incurred in trying escapees from state correctional institutions.
- § 42-5-6. Participation by county correctional institutions in state purchasing contracts.
- § 42-5-7. Sudden or unusual death of inmate.
- § 42-5-8. Notification upon escape of inmate.
- § 42-5-9. Notification of projected release date of inmate.
- § 42-5-10. Promulgation of rules governing plans and specifications for new correctional institutions; certification of acceptability of old facilities by state fire marshal.
- § 42-5-11. General prohibition against receipt of remuneration in regard to assignment, transfer, or status of inmate.
- § 42-5-12. Receipt of remuneration by state officials in regard to assignment, transfer, or status of inmate.
- § 42-5-13. Record of person contacting commissioner, department, or board on behalf of inmate.
- § 42-5-14. Establishment of guard lines and signs at state or county correctional institutions.
- § 42-5-15. Crossing of guard lines with weapons, intoxicants, or drugs without consent of warden or superintendent.
- § 42-5-16. Trading with inmates without consent of warden or superintendent.
- § 42-5-17. Loitering near inmates after being ordered to desist.
- § 42-5-18. Items prohibited for possession by inmates; warden's authorization; penalty; use of unmanned aircraft to accomplish violations.
- § 42-5-19. Penalty for violating Code Section 42-5-16 or 42-5-17.
- § 42-5-20. Alcohol or Drug Use Risk Reduction Program.
- § 42-5-21. Family Violence Counseling Program.
- § 42-5-30. Qualifications for wardens, superintendents, and other personnel; appointment of wardens of county correctional institutions.
- § 42-5-31. Oath of office of wardens and superintendents, their deputies, and other correctional officers.
- § 42-5-32. Bonds of superintendents, wardens, and other officials and employees.
- § 42-5-33. Submission of monthly reports to commissioner by wardens and superintendents.
- § 42-5-34. Powers of arrest of wardens, superintendents, and deputies.
- § 42-5-35. Conferral of police powers; authorization to assist local law enforcement officers or correctional officers; retention of badge.
- § 42-5-36. Confidentiality of information supplied by inmates; penalties for breach; classified nature of department investigation reports; confidentiality of certain identifying information; custodians of records.
- § 42-5-37. Employees in control of inmates prohibited from receiving profit from inmate labor; penalties.
- § 42-5-37. 1. Compensation of employees of institutions operated by department for damages to wearing apparel caused by inmate action.
- § 42-5-38. Making false statement as to age to procure employment.
- § 42-5-39. Refusal by officer to receive inmates in correctional institution.
- § 42-5-40. Requiring inmates to do unnecessary work on Sunday.
- § 42-5-41. Compensation of department employee injured by inmate or probationer.
- § 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.
- § 42-5-80. Authorization and general procedure for granting special leave.
- § 42-5-81. Issuance of special leave; filing.
- § 42-5-82. Purposes for which special leave may be granted.
- § 42-5-83. Emergency leaves.
- § 42-5-84. Delegation of authority to issue limited leave privileges; records.
- § 42-5-85. Leave privileges of inmates serving murder sentences.
- § 42-5-100. Termination of board's power to award earned-time allowances.
- § 42-5-101. Work incentive credits.
- § 42-5-120. Rules and regulations; requirements.
- § 42-5-121. Federal certification.
- § 42-5-122. Conflicting legislation preempted.
- § 42-5-123. Compensation by employers for administrative and other costs to the state.
- § 42-5-124. Publicizing and inviting participation in programs; cooperation with the Department of Labor.
- § 42-5-125. General applicability; exceptions.
- § 42-6-1. Definitions.
- § 42-6-2. When detainers to be accepted and filed by department.
- § 42-6-3. Time limit for trial; notice and request for final disposition; notification of inmate and interested parties; effect of escape by inmate.
- § 42-6-4. Effect of failure to meet time limit for trial after delivery of inmate pursuant to Code Section 24-13-60.
- § 42-6-5. Temporary custody of inmate requesting disposition of pending indictment or accusation.
- § 42-6-6. Applicability of article to mentally ill persons.
- § 42-6-20. Enactment and text of agreement.
- § 42-6-21. Meaning of phrase "appropriate court."
- § 42-6-22. Enforcement of agreement; cooperation with other states.
- § 42-6-23. Appointment of central administrator and information agent.
- § 42-6-24. Delivery of inmate mandatory when required by operation of agreement.
- § 42-6-25. Escape by person in custody under agreement.
- § 42-7-1. Short title.
- § 42-7-2. Definitions.
- § 42-7-3. Providing institutions and facilities.
- § 42-7-4. Studies and diagnoses; placement of youthful offender by department.
- § 42-7-5. Transfer.
- § 42-7-6. Notification of State Board of Pardons and Paroles.
- § 42-7-7. Adoption of policies and procedures.
- § 42-7-8. Court recommendation of treatment as youthful offender.
- § 42-7-9. Construction of chapter.
- § 42-8-1. Creation; composition; selection of members; terms of office.
- § 42-8-20. Short title.
- § 42-8-21. Definitions.
- § 42-8-22. State-wide probation system for felony offenders created; administration generally.
- § 42-8-23. Administration of supervision of felony probationers by DCS; graduated sanctions.
- § 42-8-24. General duties of DCS; rules and regulations.
- § 42-8-25. Employment of community service officers; assignment to circuits by DCS.
- § 42-8-26. Qualifications of officer; compensation and expenses; conflicts of interest; bonds.
- § 42-8-27. Duties of officers.
- § 42-8-28. Assignment of officers among judicial circuits generally.
- § 42-8-29. Presentence investigations; supervision of probationers; maintenance of records relating to probationers.
- § 42-8-29. 1. Disposition of officer's records; confidentiality.
- § 42-8-30. Applicability of this article when private probation services are utilized.
- § 42-8-30. 1. Redesignated.
- § 42-8-31. Collection and disbursement of funds by officers; record-keeping; bank accounts.
- § 42-8-32. Funds which may be collected by officers.
- § 42-8-33. Audits of accounts of officers; records and reports of audits; bonds of auditors; refunding overpayment of fines, restitutions, or moneys owed.
- § 42-8-34. Sentencing hearings and determinations; presentence investigations; payment of fees, fines, and costs; post-conviction, presentence bond; continuing jurisdiction; transferal of probation supervision.
- § 42-8-34. 1. Revocation of probated or suspended sentence; alternative sentencing; burden of proof; length of probation supervision.
- § 42-8-34. 2. Delinquency of defendant in payment of fines, costs, or restitution or reparation; costs of garnishment.
- § 42-8-35. Terms and conditions of probation; supervision.
- § 42-8-35. 1. Probation boot camp unit as special alternative incarceration.
- § 42-8-35. 2. Special term of probation; when imposed; revocation; suspension.
- § 42-8-35. 3. Conditions of probation for stalking or aggravated stalking.
- § 42-8-35. 4. Confinement in probation detention center.
- § 42-8-35. 5. Confinement in probation diversion center.
- § 42-8-35. 6. Family violence intervention program participation as condition of probation; cost borne by defendant.
- § 42-8-35. 7. Drug and alcohol screening of probationers.
- § 42-8-36. Duty of probationer to inform officer of residence and whereabouts; violations; tolling; unpaid moneys.
- § 42-8-37. Effect of termination of probated portion of sentence; review of cases of persons receiving probated sentence; reports.
- § 42-8-38. Arrest or graduated sanctions for probationers violating terms; hearing; disposition of charge; procedure when probation revoked in county other than that of conviction.
- § 42-8-39. Suspension of sentence does not place defendant on probation.
- § 42-8-40. Confidentiality of reports, files, records, and other information related to supervision; exemption from subpoena; declassification.
- § 42-8-41. Cooperation of state and local entities with probation officials.
- § 42-8-42. Provision of office space and clerical help by DCS and counties.
- § 42-8-43. Liberal construction of article.
- § 42-8-43. 1 through 42-8-43.3
- § 42-8-44. Redesignated.
- § 42-8-60. Probation prior to adjudication of guilt; violation of probation; review of criminal record by judge.
- § 42-8-61. Defendant to be informed of eligibility for sentencing as first offender.
- § 42-8-62. Duty of clerk to transfer information.
- § 42-8-62. 1. Limiting public access to first offender status; petitioning; sealing record.
- § 42-8-63. Effect of discharge under article on eligibility for employment or appointment to office.
- § 42-8-63. 1. Discharges disqualifying individuals from employment.
- § 42-8-64. Appeal of sentence imposed under article.
- § 42-8-65. Use of prior finding of guilt in subsequent prosecutions; modification of records.
- § 42-8-66. Petition for exoneration and discharge; hearing; retroactive grant of first offender status; no filing fee.
- § 42-8-100. Definitions.
- § 42-8-101. Agreements for probation services; termination of contract for probation services.
- § 42-8-102. Probation and supervision; determination of fees, fines, and restitution; converting moneys owed to community service or educational advancement; continuing jurisdiction; revocation; transfer.
- § 42-8-103. Pay-only probation; discharge or termination of probation.
- § 42-8-103. 1. Serving consecutive misdemeanor sentences.
- § 42-8-104. Terms and conditions of probation.
- § 42-8-105. Probationer obligation to keep officer informed of certain information; tolling for failure to meet certain obligations; procedure.
- § 42-8-106. Advisory committee created; membership.
- § 42-8-106. 1. Powers and duties of Board of Community Supervision.
- § 42-8-107. Uniform professional standards and uniform contract standards.
- § 42-8-108. Quarterly report to judge and council; records to be open for inspection.
- § 42-8-109. Private entities conflicts of interest prohibited.
- § 42-8-109. 1. Public entities and employees conflicts of interest prohibited.
- § 42-8-109. 2. Confidentiality of records.
- § 42-8-109. 3. Registration with board.
- § 42-8-109. 4. Applicability of article to contractors for probation services; requirements for private corporations, private enterprises and private agencies entering into written contracts for services.
- § 42-8-109. 5. Determination by court whether misdemeanor probation to be supervised by community supervision officer, private probation officer, or probation officer.
- § 42-8-110. Definitions; applicability; purchase or lease of ignition interlock devices by counties, municipalities, or private entities; costs, fees, and deposits; participation by indigents.
- § 42-8-110. 1. Ignition interlock device limited driving permit; restrictions.
- § 42-8-111. Court issuance of certificate for installation of ignition interlock devices; exceptions; completion of alcohol and drug use risk reduction program; notice of requirements; fees for driver's license.
- § 42-8-112. (See Editor's notes.) Timing for issuance of ignition interlock device limited driving permit; documentation required; reporting requirement.
- § 42-8-113. Renting, leasing, or lending motor vehicle to probationer subject to this article prohibited.
- § 42-8-114. Specifying provider for ignition interlock device.
- § 42-8-115. Certification of ignition interlock devices.
- § 42-8-116. Warning labels.
- § 42-8-116. 1. Effect of failing to comply; previously installed devices.
- § 42-8-117. Revocation of driving privilege upon violation of probation imposed by Code Section 42-8-111.
- § 42-8-118. Requesting or soliciting another to blow into device; tampering with or circumventing operation of device.
- § 42-8-130. Establishment; obligations of respondent; confinement; fee; alternative methods of incarceration.
- § 42-9-1. Declaration of legislative policy.
- § 42-9-2. Creation of board.
- § 42-9-3. Definitions.
- § 42-9-4. Appointments to board when Senate not in session.
- § 42-9-5. Compensation of board members.
- § 42-9-6. Board chairman.
- § 42-9-7. Board quorum.
- § 42-9-8. Official board seal.
- § 42-9-9. Board employees; "disability" defined; awarding of badges.
- § 42-9-9. 1. Assistance to law enforcement, correctional, or homeland security agencies; conferring powers of law enforcement officers by the board.
- § 42-9-10. Legal adviser of board.
- § 42-9-11. Office quarters for board; supplies and equipment.
- § 42-9-12. Appointment of replacement for incapacitated member; calling of appointing council by Governor; immunity of council from civil or criminal liability.
- § 42-9-13. Reinstatement of incapacitated member upon recovery.
- § 42-9-14. Removal of board members for cause.
- § 42-9-15. Conflicts of interest by members or employees of board.
- § 42-9-16. Persons permitted to appear or practice before board for remuneration generally.
- § 42-9-17. Appearance before board by members of General Assembly or other elected or appointed officials on behalf of persons under the jurisdiction of the board.
- § 42-9-18. Maintenance of records of persons contacting members of board on behalf of inmates.
- § 42-9-19. Annual report of board.
- § 42-9-20. General duties of board.
- § 42-9-20. 1. Public access to information regarding paroled felons residing within state.
- § 42-9-21. Supervision of persons placed on parole or other conditional release; contracts for services and programs; collection of sums for restitution.
- § 42-9-21. 1. Compensation of board employee injured by inmate or parolee.
- § 42-9-22. Construction of chapter.
- § 42-9-39. Restrictions on relief for person serving a second life sentence.