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

42-2-8. Additional duties of commissioner.

The commissioner shall direct and supervise all the administrative activities of the board and shall attend all meetings of the board. The commissioner shall also make, publish in print or electronically, and furnish to the General Assembly and to the Governor annual reports regarding the work of the board, along with such special reports as he or she may consider helpful in the administration of the penal system or as may be directed by the board. The commissioner shall perform such other duties and functions as are necessary or desirable to carry out the intent of this chapter and which he or she may be directed to perform by the board.
The commissioner or the commissioner's designee shall be authorized to make and execute contracts and all other instruments necessary or convenient for the acquisition of professional and personal employment services and for the leasing of real property. Subject to legislative appropriations, the commissioner shall also be authorized to make and execute any contract for the land acquisition, design, construction, operation, maintenance, use, lease, or management of a state correctional institution or for any services pertaining to the custody, care, and control of inmates or other functions as are related to the discharge of these responsibilities and to designate any person or organization with whom the commissioner contracts as a law enforcement unit under paragraph (7) of Code Section 35-8-2.
The commissioner and any person designated and serving in the position of his or her chief of staff shall be authorized to issue a warrant for the arrest of an offender who has escaped from the custody of the department upon probable cause to believe the offender has violated Code Section 16-10-52, relating to escape from lawful confinement.

(Ga. L. 1956, p. 161, § 9; Ga. L. 1958, p. 413, § 1; Ga. L. 1962, p. 689, § 1; Ga. L. 1966, p. 121, § 1; Ga. L. 1988, p. 1448, § 1; Ga. L. 1996, p. 691, § 1; Ga. L. 2007, p. 224, § 1/HB 313; Ga. L. 2010, p. 838, § 10/SB 388; Ga. L. 2016, p. 608, § 3/SB 270; Ga. L. 2016, p. 811, § 7/HB 874.)

The 2016 amendments. The first 2016 amendment, effective July 1, 2016, inserted "and any person designated and serving in the position of his or her chief of staff" near the beginning of subsection (c). See Editor's notes for applicability. The second 2016 amendment, effective July 1, 2016, made identical changes. See Editor's notes for applicability.

Editor's notes.

- Ga. L. 2016, p. 608, § 6/SB 270, not codified by the General Assembly, provides, in part, that: "Section 3 of this Act shall become effective on July 1, 2016, and shall apply to offenses committed on or after such date."

Ga. L. 2016, p. 811, § 9/HB 874, not codified by the General Assembly, provides, in part, that: "Section 7 of this Act shall become effective on July 1, 2016, and shall apply to offenses committed on or after such date."

JUDICIAL DECISIONS

Cited in State v. MacDougall, 139 Ga. App. 815, 229 S.E.2d 667 (1976); Busbee v. Reserve Ins. Co., 147 Ga. App. 451, 249 S.E.2d 279 (1978).

OPINIONS OF THE ATTORNEY GENERAL

Determination of mental disease and transfer to mental hospital.

- This section, and Ga. L. 1956, p. 161, §§ 9, 10, 11, and 14 (see now O.C.G.A. §§ 42-2-8,42-2-9,42-2-11, and42-2-52) indicate that the director (now commissioner) of corrections was authorized to determine whether or not an inmate was mentally diseased and should be transferred to a state mental hospital. 1968 Op. Att'y Gen. No. 68-136.

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