TITLE 42 PENAL INSTITUTIONS

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

ARTICLE 1 INMATE POLICIES

42-1-11. Notification of crime victim of impending release of offender from imprisonment.

1. As used in this Code section, the term:
   1. "Crime" means an act committed in this state which constitutes any violation of Chapter 5 of Title 16, relating to crimes against persons; Chapter 6 of Title 16, relating to sexual offenses; Article 1, Article 1A, or Article 3 of Chapter 7 of Title 16, relating to burglary, home invasion, and arson; or Article 1 or Article 2 of Chapter 8 of Title 16, relating to offenses involving theft and armed robbery.
   2. "Crime against the person or sexual offense" means any crime provided for in Chapter 5 or 6 of Title 16.
   3. "Custodial authority" means the commissioner of corrections if the offender is in the physical custody of the state, or the sheriff if the offender is incarcerated in a county jail, or the warden if the offender is incarcerated in a county correctional institution.
   4. "Offender" means a person sentenced to a term of incarceration in a state or county correctional institution.
2. If the identity of a victim of a crime has been verified by the prosecuting attorney, who has, at the request of such victim, mailed a letter to the custodial authority requesting that the victim be notified of a change in the custodial status of an offender, then the custodial authority shall make a good faith effort to notify the victim that the offender is to be released from imprisonment, including release on extended furlough; transferred to work release; released by mandatory release upon expiration of sentence; or has escaped from confinement; or if the offender has died. The good faith effort to notify the victim must occur prior to the release or transfer noted in this subsection. For a victim of a felony crime against the person or sexual offense for which the offender was sentenced to a term of imprisonment of more than 18 months, the good faith effort to notify the victim must occur no later than ten days before the offender's release from imprisonment, transfer to or release from work release, or as soon thereafter as is practical in situations involving emergencies.
3. The notice given to a victim of a crime against a person or sexual offense shall include the conditions governing the offender's release or transfer and either the identity of the corrections agent or the community supervision officer who will be supervising the offender's release or a means to identify the agency that will be supervising the offender's release. The custodial authority complies with this Code section upon mailing the notice of impending release to the victim at the address which the victim has most recently provided to the custodial authority in writing.
4. If an offender escapes from imprisonment or incarceration, including from release on extended furlough or work release, the custodial authority shall make all reasonable efforts to notify a victim who has requested notice of the offender's release under subsection (b) of this Code section within six hours after discovering the escape, or as soon thereafter as is practical, and shall also make reasonable efforts to notify the victim within 24 hours after the offender is apprehended or as soon thereafter as is practical. In emergencies, telephone notification for the victim will be attempted and the results documented in the offender's central file.
5. All identifying information regarding the victim, including the victim's request and the notice provided by the custodial authority, shall be confidential and accessible only to the victim. It is the responsibility of the victim to provide the custodial authority with a current address.
6. A designated official in the Department of Corrections, the county correctional facility, and the sheriff's office shall coordinate the receipt of all victim correspondence and shall monitor staff responses to requests for such notification from victims of crime.
7. The custodial authority shall not be liable for a failure to notify the victim.

(Code 1981, §42-1-11, enacted by Ga. L. 1993, p. 1278, § 1; Ga. L. 1995, p. 385, § 3; Ga. L. 2014, p. 426, § 11/HB 770; Ga. L. 2015, p. 422, § 5-64/HB 310.)

The 2014 amendment, effective July 1, 2014, in the middle of paragraph (a)(1), inserted ", Article 1A," and inserted ", home invasion,".

The 2015 amendment, effective July 1, 2015, in subsection (c), in the first sentence, substituted "shall include" for "must include" near the middle, and substituted "community supervision officer" for "county officer" in the middle. See Editor's notes for applicability.