O.C.G.A.

O.C.G.A. § 42-4-12 (2019)

Penalty for refusal by officer to receive persons charged with or guilty of offense

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

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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Except as otherwise provided in this Code section, any sheriff, constable, keeper of a jail, or other officer whose duty it is to receive persons charged with or guilty of an indictable offense who refuses to receive and take charge of such a person shall, upon conviction thereof, be guilty of a misdemeanor and shall be punished by a fine of not more than $1,000.00. A sheriff, constable, keeper of a jail, or other officer whose duty it is to receive persons charged with or guilty of an indictable offense shall be authorized to refuse acceptance of any person who has not received medical treatment for obvious physical injuries or conditions of an emergency nature. Upon such refusal, it shall be the responsibility of the arresting agency to take the individual to a health care facility or health care provider in order to secure a medical release. Upon medical release by the health care facility or health care provider, the sheriff, constable, or keeper of the jail must assume custody of the individual; provided, however, that in all cases the sheriff, constable, or keeper of the jail must assume custody where no health care facility is located in the county in which the arrest occurred and, in such instances, the governing authority of the arresting agency shall pay all costs related to the medical release.

History

Cobb’s 1851 Digest, p. 807; Code 1863, § 4380; Code 1868, § 4418; Code 1873, § 4486; Code 1882, § 4486; Penal Code 1895, § 285; Penal Code 1910, § 289; Code 1933, § 77-9902; Ga. L. 1996, p. 1638, § 1.

Annotations

Law reviews. For review of 1996 legislation relating to jails, see 13 Ga. U. L. Rev. 269 and 273 (1996).

JUDICIAL DECISIONS Implied right to refuse persons not charged with indictable offense. - This section by implication gives the sheriff a right to refuse to receive any prisoner who is not charged with or guilty of an indictable offense, in that the only penalties provided are for refusal to receive

persons charged with or guilty of indictable offenses. Tate v. National Sur. Corp., 58 Ga. App. 874, 200 S.E. 314, 1938 Ga. App. LEXIS 162 (1938). Sheriff of county has a statutory duty to accept all city prisoners and the county commissioners have authority

to require the sheriff to do so. Griffin v. Chatham County, 244 Ga. 628, 261 S.E.2d 570, 1979 Ga. LEXIS 1354 (1979). OPINIONS OF THE ATTORNEY GENERAL No surcharge payment as condition of serving sentence. - Sheriff must accept into custody those individuals convicted of criminal offenses who have been sentenced to a term of incarceration, and

the sheriff may not require payment of a surcharge as a condition precedent to service of the sentence. 1992 Op. Att’y Gen. No. U92-4.

Notes of Decisions

Cited in 3 cases, 2002–2020 · leading case: Bunyon v. Burke Cnty., 306 F. Supp. 2d 1240 (S.D. Ga. 2004).

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Bunyon v. Burke Cnty., 306 F. Supp. 2d 1240 (S.D. Ga. 2004). · cites it 2× “” O.C.G.A. § 42-4-12. Pursuant to this statute, the sheriff has a duty to accept persons charged with an indictable offense, and by implication, a right to refuse to receive any municipal prisoner who is not charged with an offense against the state.”

Moncus v. Lasalle Mgmt. Co., LLC d/b/a Lasalle Corr. (M.D. Ga. 2020). · cites it 2× “This provision controls the sheriff’s jail policy to the extent that it sets forth the type of information sheriffs must record about the individuals detained there.”

Willie Santonio Manders v. Thurman Lee, 338 F.3d 1304 (11th Cir. 2002). “O.C.G.A. § 42-4-12. It is important to outline how the State uses county jails to incarcerate its state offenders and, in turn, requires sheriffs to administer them.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.