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2018 Georgia Code 42-1-1 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 42-1-1 Case Law from Google Scholar Amendments to OCGA 42-1-1

TITLE 42 PENAL INSTITUTIONS

Section 1. General Provisions, 42-1-1 through 42-1-19.

ARTICLE 1 INMATE POLICIES

42-1-1. Definitions.

Except as specifically provided otherwise, as used in this title, the term:

  1. "Board" means the Board of Corrections.
  2. "Case plan" means an individualized accountability and behavior change strategy for a probationer, as applicable.
  3. "Commissioner" means the commissioner of corrections.
  4. "Criminal risk factors" means characteristics and behaviors that affect a person's risk for committing future crimes and include, but are not limited to, antisocial behavior, antisocial personality, criminal thinking, criminal associates, having a dysfunctional family, having low levels of employment or education, poor use of leisure and recreation time, and substance abuse.
  5. "Department" means the Department of Corrections.
  6. "Graduated sanctions" means:
    1. Verbal and written warnings;
    2. Increased restrictions and reporting requirements;
    3. Community service or work crews;
    4. Referral to substance abuse or mental health treatment or counseling programs in the community;
    5. Increased substance abuse screening and monitoring;
    6. Electronic monitoring, as such term is defined in Code Section 42-3-111; and
    7. An intensive supervision program.
  7. "Risk and needs assessment" means an actuarial tool, approved by the board and validated on a targeted population, scientifically proven to determine a person's risk to recidivate and to identify criminal risk factors that, when properly addressed, can reduce that person's likelihood of committing future criminal behavior.

(Ga. L. 1921, p. 243, §§ 3, 5; Code 1933, §§ 27-504, 27-9903; Ga. L. 2012, p. 899, § 7-1/HB 1176; Ga. L. 2013, p. 222, § 17/HB 349; Ga. L. 2015, p. 422, § 5-62/HB 310.)

The 2012 amendment, effective July 1, 2012, substituted the present provisions of this Code section for the former provisions, which read: "(a) No employee of a penal institution may give advice to an inmate regarding the name or the employment of an attorney at law in any case where the inmate is confined in a penal institution or receive any sum of money paid as fees or otherwise to attorneys at law in a criminal case or cases against any inmate with which they may be connected in any capacity.

"(b) Any person who violates this Code section shall be guilty of a misdemeanor." See Editor's notes for applicability.

The 2013 amendment, effective July 1, 2013, deleted former paragraph (1), which read: " 'Active supervision' means the period of a probated sentence in which a probationer actively reports to his or her probation supervisor or is otherwise under the direct supervision of a probation supervisor."; deleted former paragraph (2), which read: "'Administrative supervision' means the period of probation supervision that has reduced supervision and reporting requirements commensurate with and that follows active supervision but that is prior to the termination of a sentence."; and redesignated former paragraphs (3) through (9) as present paragraphs (1) through (7), respectively. See Editor's notes for applicability.

The 2015 amendment, effective July 1, 2015, substituted "42-3-111" for "42-8-151" in subparagraph (6)(F). See Editor's notes for applicability.

Cross references.

- Solicitation on behalf of attorneys generally, § 15-19-55.

Editor's notes.

- Ga. L. 2012, p. 899, § 9-1(a)/HB 1176, not codified by the General Assembly, provides: "This Act shall become effective on July 1, 2012, and shall apply to offenses which occur on or after that date. Any offense occurring before July 1, 2012, shall be governed by the statute in effect at the time of such offense and shall be considered a prior conviction for the purpose of imposing a sentence that provides for a different penalty for a subsequent conviction for the same type of offense, of whatever degree or level, pursuant to this Act."

Ga. L. 2013, p. 222, § 21/HB 349, not codified by the General Assembly, provides: "This Act shall become effective on July 1, 2013, and shall apply to offenses which occur on or after that date. Any offense occurring before July 1, 2013, shall be governed by the statute in effect at the time of such offense."

Ga. L. 2015, p. 422, § 6-1/HB 310, not codified by the General Assembly, provides that: "This Act shall become effective July 1, 2015, and shall apply to sentences entered on or after such date."

Law reviews.

- For article on the 2012 amendment of this Code section, see 29 Ga. St. U. L. Rev. 290 (2012). For article, "Appeal and Error: Appeal or Certiorari by State in Criminal Cases," see 30 Ga. St. U. L. Rev. 17 (2013). For article on the 2015 amendment of this Code section, see 32 Ga. St. U. L. Rev. 231 (2015).

RESEARCH REFERENCES

C.J.S.

- 7A C.J.S., Attorney and Client, §§ 167, 170, 171. 8 C.J.S., Bail, §§ 2, 3, 4.

ALR.

- Propriety of telephone testimony or hearings in prison proceedings, 9 A.L.R.5th 451.

Cases Citing Georgia Code 42-1-1 From Courtlistener.com

Total Results: 1

Carmichael Tile Co. v. National Surety Co.

Court: Supreme Court of Georgia | Date Filed: 1928-08-16

Citation: 166 Ga. 709, 144 S.E. 250, 1928 Ga. LEXIS 386

Snippet: Standard Oil Company 7.15 Southern G. F. Company 8.42 1/1/24 17. Carmichael Tile Co. 5,505.05 We are of the