O.C.G.A. § 42-3-119 (2019)
Liberal construction of article
This article shall be liberally construed so that its purposes may be achieved.
History
Code 1981, § 42-3-119, enacted by Ga. L. 2015, p. 422, § 1-1/HB 310.
CHAPTER 4 JAILS Sec.
Article 1 General Provisions
Sec.
Appointment of county and municipal jailers. Oath and bond of jailers. When coroner to act as keeper of jail. Duties of sheriff as to jail inmates. Cruelty to inmates. Confinement and care of tubercular inmates; crediting of time spent in hospital or institution against sentence. Maintenance of inmate records; earned time allowances. Inquiry into contents of inmate record by grand jury; failure to comply with Code Section 42-4-7. Conditions for receipt of federal prisoners. Receipt of additional federal prisoners after initial acceptance. Transfer procedure upon change of venue. Penalty for refusal by officer to receive persons charged with or guilty of offense. Possession of drugs, weapons, alcohol, or tobacco products by inmates. “Illegal alien” defined; determination of nationality and verification of lawful admission of person confined in a jail facility. Limitations on medical charges for providing emergency medical care services to individuals in custody.
Article 3 Medical Services for Inmates
Definitions. Information as to inmate’s health insurance or eligibility for benefits; access to medical services; liability for payment; inmate’s liability for costs of medical care; procedure for recovery against inmate. Article 4
Deductions from Inmate Accounts for Expenses
Definitions. Deduction of costs from inmate’s account for destruction of property, medical treatment, and other causes; exception for certain medical costs. Article 5
Regional Jail Authorities
Article 2 Conditions of Detention
Required safety and security measures. Sanitation and health requirements. Penalties.
Definitions.
Short title. Statement of authority; policy of state. Definitions. Creation of authorities; exemption from Georgia State Financing and Investment Commission Act. Board of directors; members; election of officers; expenses; duties; addition of counties or municipalities to authority. Management committee of county regional jail authority; management and opera-
Sec.
Sec.
tion of municipal regional jail authority. Quorums; voting requirements. Powers of authority. Duties and responsibilities of sheriffs and governing bodies imposed upon management committee and authority. Limitation on liability of members, officers, or employees. Bonds or other obligations; requirements and procedure for issuance. Bonds or other obligations not indebtedness of state or
political subdivision; payment. Construction of article; bonds not subject to regulation under Georgia Uniform Securities Act; power of counties and municipalities to activate authorities. Operation and finance agreement required; withdrawal from authority. Authority of county or municipality to establish and maintain jail or jail-holding facility. Immunity of authorities from liability.
Annotations
Cross references. Standards relating to construction of county jails, § 36-9-9. JUDICIAL DECISIONS Court order that sheriff transfer prisoner to secure jail. - While it is beyond dispute that the sheriff, and not the superior court, is charged with administration of jails, when an issue is properly raised before the trial court regarding jail security or other matters of jail administration and evidence is presented on the
issue, the court is empowered to make a determination. Upon a determination that the jail is not secure, the trial court is authorized to order the sheriff to transfer a prisoner to the nearest county having a secure jail. In re Irvin, 254 Ga. 251, 328 S.E.2d 215, 1985 Ga. LEXIS 672 (1985).
RESEARCH REFERENCES ALR. Constitutional right of prisoners to
abortion services and facilities - federal cases, 90 A.L.R. Fed. 683.
ARTICLE 1 GENERAL PROVISIONS RESEARCH REFERENCES ALR. Validity and construction of prison
regulation of inmates’ possession of personal property, 66 A.L.R.4th 800.