Georgia § 42-5-51 - 1. Retention of inmate in state penal institution pending trial on offense committed while in confinement.
Full text of Georgia Official Code of Georgia Annotated § 42-5-51 — 1. Retention of inmate in state penal institution pending trial on offense committed while in confinement., with citation guidance and answers to common questions.
§ 42-5-51. 1. Retention of inmate in state penal institution pending trial on offense committed while in confinement.
When an inmate of the state penal system is charged with a misdemeanor or felony alleged to have been committed by such inmate within the confines of a state correctional institution and has been denied bond relating to such charge, the sheriff of the county in which such charge is pending may request that such inmate remain in the custody of the department after the sentence for which the department has jurisdiction over the inmate has been served and until adjudication of such charge. The commissioner, in consultation with the warden or superintendent of the institution where such inmate is housed, shall make a determination regarding the retention of custody and shall notify such sheriff of his or her determination within 36 hours of such request. In making such a determination, the commissioner shall consider the space available in the institution, the potential safety benefits of retaining such inmate, and any other factors he or she deems relevant for making such determination. No request pursuant to subsection (a) of this Code section shall be considered by the commissioner unless the inmate is housed in an institution located in the county in which the offense is alleged to have occurred. No inmate who remains in a state correctional institution pursuant to a request granted under subsection (a) of this Code section shall be transferred to a correctional institution located outside the county which made such request unless the commissioner determines such transfer is necessary for the inmate's physical or mental health. (Code 1981, § 42-5-51.1 , enacted by Ga. L. 2020, p. 478, § 1/SB 301.) Effective date. - This Code section became effective January 1, 2021.
Frequently Asked Questions About Georgia § 42-5-51
What does Official Code of Georgia Annotated § 42-5-51 cover?
Section 42-5-51 ("1. Retention of inmate in state penal institution pending trial on offense committed while in confinement.") is part of the Official Code of Georgia Annotated, the codified statutory law of Georgia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Georgia § 42-5-51?
A common citation format is "Official Code of Georgia Annotated § 42-5-51" (Georgia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Georgia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Georgia official source linked on this page or consult a licensed Georgia attorney.
How does Georgia § 42-5-51 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Georgia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Georgia.