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O.C.G.A. § 42-2-4 — Department created | Georgia Code
O.C.G.A. § 42-2-4 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 42 PENAL INSTITUTIONS

Section 2. Board and Department of Corrections, 42-2-1 through 42-2-16.

ARTICLE 2 SEXUAL OFFENDER REGISTRATION REVIEW BOARD

42-2-4. Department created.

There is created the Department of Corrections.

(Ga. L. 1972, p. 1069, § 9; Ga. L. 1985, p. 283, § 1.)

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, and42-8-73 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.

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This Georgia Code resource is curated by Graham W. Syfert, Esq., a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.