O.C.G.A. § 42-4-105 (2019)
Immunity of authorities from liability
Regional jail authorities shall be carrying out an essential governmental function on behalf of participant counties or participant municipalities and are, therefore, given immunity from liability for carrying out their intended functions.
History
Code 1981, § 42-4-105, enacted by Ga.
L. 1995, p. 292, § 1; Ga. L. 1996, p. 1098, § 10.
STATE/COUNTY CORRECTIONAL INST.
CHAPTER 5 CORRECTIONAL INSTITUTIONS OF STATE AND COUNTIES Sec.
Article 1 General Provisions Sec.
Definitions. Responsibilities of governmental unit with custody of inmate; costs of emergency and follow-up care; access to medical services or hospital care; hospital requirements for providing emergency health care services to state inmates. Department’s responsibility for trial costs and expenses. Payment of trial costs and expenses. Reimbursement of court costs and transportation and detention expenses incurred in trying escapees from state correctional institutions. Participation by county correctional institutions in state purchasing contracts. Sudden or unusual death of inmate. Notification upon escape of inmate. Notification of projected release date of inmate. Promulgation of rules governing plans and specifications for new correctional institutions; certification of acceptability of old facilities by state fire marshal. General prohibition against receipt of remuneration in regard to assignment, transfer, or status of inmate. Receipt of remuneration by state officials in regard to assignment, transfer, or status of inmate. Record of person contacting
commissioner, department, or board on behalf of inmate. Establishment of guard lines and signs at state or county correctional institutions. Crossing of guard lines with weapons, intoxicants, or drugs without consent of warden or superintendent. Trading with inmates without consent of warden or superintendent. Loitering near inmates after being ordered to desist. Items prohibited for possession by inmates; warden’s authorization; penalty; use of unmanned aircraft to accomplish violations. Penalty for violating Code Section 42-5-16 or 42-5-17. Alcohol or Drug Use Risk Reduction Program. Family Violence Counseling Program. Article 2
Wardens, Superintendents, and Other Personnel
Qualifications for wardens, superintendents, and other personnel; appointment of wardens of county correctional institutions. Oath of office of wardens and superintendents, their deputies, and other correctional officers. Bonds of superintendents, wardens, and other officials and employees. Submission of monthly reports to commissioner by wardens and superintendents.
Sec.
Powers of arrest of wardens, superintendents, and deputies. Conferral of police powers; authorization to assist local law enforcement officers or correctional officers; retention of badge. Confidentiality of certain information related to inmates; certain information classified as state secrets; declassification; exception; records custodians; penalties for breach. Employees in control of inmates prohibited from receiving profit from inmate labor; penalties. Compensation of employees of institutions operated by department for damages to wearing apparel caused by inmate action. Making false statement as to age to procure employment. Refusal by officer to receive inmates in correctional institution. Requiring inmates to do unnecessary work on Sunday. [Repealed] Compensation of department employee injured by inmate or probationer.
Sec.
Article 3 Conditions of Detention Generally
Transmittal of information on convicted persons; place of detention; payment for inmates not transferred to the custody of the department; notice in the event of convicted person free on bond pending appeal. Jurisdiction over certain misdemeanor offenders; designation of place of confinement of inmates; reimbursement of county; transfer of inmates to federal authority.
Retention of inmate in state penal institution pending trial on offense committed while in confinement. Classification and separation of inmates generally; placement of juvenile offenders and female inmates; transfer of certain inmates. Submission to HIV test; separate housing for HIV infected persons. Testing of prison inmates for HIV; consolidation of inmates testing positive. Establishment of county correctional institutions; supervision by department; quota of inmates; funding; confinement and withdrawal of inmates. Information from inmates relating to medical insurance; provision and payment of medical treatment for inmates. Deductions from inmate accounts for payment of certain damages and medical costs; limit on deductions; fee for managing inmate accounts. Visitation with minors by convicted sexual offenders. Institution of rehabilitation programs; provision of opportunities for educational, religious, and recreational activities. Prohibition against corporal punishment; use of handcuffs, leg chains, and other restraints; permissible punishment generally. Employment of inmates in the local community. Hiring out of inmates; participation of inmates in programs of volunteer service; sale of products produced by inmates; disposition of proceeds; payment to inmates for services. Utilization of inmates of
STATE/COUNTY CORRECTIONAL INST.
Sec.
county correctional institutions for work on outdoor assignments during inclement weather; supervision of inmates. Services and benefits furnished to inmates upon discharge. Forfeiture of contraband. Unauthorized possession of weapon by inmate. Educational programming; information provided to released prisoners. Victim photographs prohibited; exception.
Granting Special Leaves, Emergency Leaves, and Limited Leave Privileges
Authorization and general procedure for granting special leave. Issuance of special leave; filing. Purposes for which special leave may be granted. Emergency leaves.
Annotations
Editor’s notes. Ga. L. 1998, p. 270, § 13, not codified by the General Assembly, provides: “The General Assembly recognizes that criminal street gangs have succeeded at times in maintaining their structure, organization, and discipline in penal institutions and have continued to conduct criminal activities while incarcerated. Therefore, the General Assembly requests and encourages state and local officials with responsibility for the operation of adult and
Delegation of authority to issue limited leave privileges; records. Leave privileges of inmates serving murder sentences. Article 5
Awarding Earned-time Allowances
Termination of board’s power to award earned-time allowances. Work incentive credits. Article 6
Voluntary Labor Program
Article 4
Sec.
Rules and regulations; requirements. Federal certification. Conflicting legislation preempted. Compensation by employers for administrative and other costs to the state. Publicizing and inviting participation in programs; cooperation with the Department of Labor. General applicability; exceptions.
juvenile penal institutions and related facilities to develop policies and procedures which will identify members of criminal street gangs and, where necessary, to separate members and associates of the same criminal street gang in order that such gang members cannot maintain the gang’s structure, organization, and discipline and will have a more difficult time in conducting criminal activities while incarcerated in this state.”
ARTICLE 1 GENERAL PROVISIONS Cross references. Escape of person in lawful custody, and as to assault on, resistance to, or other action against officer or guard within penal institution, § 16-10-52 et seq. Editor’s notes. By resolution (Ga. L. 1987, p. 3550), the General Assembly directed the Board of Corrections to designate the correctional facility in Forsyth, Monroe County, Georgia, as the “A.L. ‘Al’ Burruss Correctional Training Center” and to affix an appropriate plaque at the entrance to that center indicating that designation. By resolution (Ga. L. 1988, p. 334), the General Assembly designated the correctional facility in Pennville, Chattooga
County, Georgia, as the “Forest Hays, Jr., Correctional Institution.” By resolution (Ga. L. 1988, p. 1470), the General Assembly created the Commission on Criminal Sanctions and Correctional Facilities, to be abolished January 1, 1990. By resolution (Ga. L. 1991, p. 1203), the General Assembly designated the probation detention center in Fulton County, Georgia as the “J. Carrell Larmore Probation Detention Center.” By resolution (Ga. L. 1992, p. 3109), the General Assembly designated the correctional institution in Mitchell County as the “Jimmy Autry Correctional Institution.”
RESEARCH REFERENCES Am. Jur. 2d. 60 Am. Jur. 2d, Penal and Correctional Institutions, § 1 et. seq. C.J.S. 72 C.J.S., Prisons and Rights of Prisoners, §§ 6 et seq., 11 et seq. ALR. Validity and construction of prison
regulation of inmates’ possession of personal property, 66 A.L.R.4th 800. State prisoner’s right to personally appear at civil trial to which he is a party - state court cases, 82 A.L.R.4th 1063. Propriety of telephone testimony or hearings in prison proceedings, 9 A.L.R.5th 451.