O.C.G.A.
O.C.G.A.

O.C.G.A. § 42-2-4 (2019)

[Reserved] Department created

✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
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.
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History

Ga. L. 1972, p. 1069, § 9; Ga. L. 1985, p. 283, § 1; repealed by Ga. L. 2023, p. 730, § 5(b)(1)/HB 475, effective July 1, 2023.

Annotations

OPINIONS OF THE ATTORNEY GENERAL

Liability for probationers' injuries. - Neither the state, and particularly the Department of Offender Rehabilitation (Corrections) and its employees in their official capacities, may incur liability as a result of a probationer injured while performing court-ordered community service work except to the extent permitted by O.C.G.A. § 28-5-85. 1983 Op. Att'y Gen. No. 83-18.

Department of Offender Rehabilitation (Corrections) employees, authorized by law to supervise probationers while the probationers are performing approved court-ordered tasks under O.C.G.A. §§ 42-8-71, 42-8-72, and 42-8-73 are performing a governmental function as opposed to a ministerial task, and therefore will not be personally liable for injuries to the probationers sustained while performing the tasks unless the employees' conduct is willful and wanton. 1983 Op. Att'y Gen. No. 83-18.

RESEARCH REFERENCES

Am. Jur. 2d. - 60 Am. Jur. 2d, Penal and Correctional Institutions, § 20.