O.C.G.A.
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
Grand juries shall carefully inspect the sanitary condition of the jails of their respective counties at each regular inspection provided for in Code Section 15-12-71 and in their general presentments shall make such recommendations to the county governing authorities as may be necessary to provide for the proper heating and ventilation of the jails, which recommendations the county governing authorities shall strictly enforce. The grand juries shall also make such presentments as to the general sanitary condition of the jails and the treatment of the inmates as the facts may justify.
History
(Ga. L. 1887, p. 102, § 1; Penal Code 1895, § 840; Penal Code 1910, § 844; Code 1933, § 59-314; Ga. L. 1982, p. 3, § 15; Ga. L. 1984, p. 22, § 15; Ga. L. 1994, p. 607, § 7.)
Annotations
Cross references. - Frequency with which grand jury must perform duties, § 15-12-71. Further provisions regarding sanitation and health requirements and inspections relating to jails, § 42-4-32.
Law reviews. - For article, ‘‘Georgia Local Government Officials and the Grand Jury,’’ see 26 Ga. St. B.J. 50 (1989).
JUDICIAL DECISIONS Cited in Foster v. Sparks, 506 F.2d 805 (5th Cir. 1975); City of Kennesaw v.
Ravan, 245 Ga. 226, 264 S.E.2d 200 (1980).
RESEARCH REFERENCES Am. Jur. 2d. - 38 Am. Jur. 2d, Grand Jury, § 35. C.J.S. - 38A C.J.S., Grand Juries, § 98.
ALR. - Discretion of trial court in criminal case as to permitting or denying view of premises where crime was committed, 124 ALR 841.
Notes of Decisions
Palmer v. Correct Care Solutions, LLC, 291 F. Supp. 3d 1357 (M.D. Ga. 2017).
· cites it 2× “§ 15-12-71(b) ; see also O.C.G.A. § 15-12-78 ("Grand juries shall carefully inspect the sanitary condition of the jails of their respective counties at each regular inspection[.”
Dukes v. Georgia, 428 F. Supp. 2d 1298 (N.D. Ga. 2006).
· cites it 2× “§ 15-12-71(c) and O.C.G.A. § 15-12-78 provide county governing authorities some oversight of a sheriffs operations at a jail through the investigative powers of grand juries which must inspect jails annually and make appropriate recommendations to the county commission.”
Micheal Leslie Lake v. Michael Skelton, 871 F.3d 1340 (11th Cir. 2017).
· cites it 2× “” O.C.G.A. § 15-12-78. This statute gives “county governing authorities” the power to oversee the sheriff’s provision of basic necessities at the county jail—including feeding inmates—and imposes an obligation on the county to “strictly enforce” recommendations about county jail…”
Willie Santonio Manders v. Thurman Lee, 338 F.3d 1304 (11th Cir. 2002).
“At each annual § 15 — 12— 71(b)(1) inspection, O.C.G.A. § 15-12-78 requires that the grand jury make recommendations regarding heating and ventilation, which the county "shall strictly enforce,” and presentments as to the "treatment of the inmates.”
Micheal Leslie Lake v. Michael Skelton (11th Cir. 2017).
“” O.C.G.A. § 15-12-78. This statute gives “county governing authorities” the power to oversee the sheriff’s provision of basic necessities at the county jail—including feeding inmates—and imposes an obligation on the county to “strictly enforce” recommendations about county jail…”
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