O.C.G.A.
O.C.G.A. § 42-4-30 (2019)
Definitions
✓ 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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As used in this article, the term: (1) “Detention facility” means a municipal or county jail used for the detention of persons charged with or convicted of either a felony, a misdemeanor, or a municipal offense. (2) “Inmate” means a person who is detained in a detention facility by reason of being charged with or convicted of a felony, a misdemeanor, or a municipal offense. (3) “Officer in charge” means the sheriff, if the detention facility is under his supervision, or the warden, captain, or superintendent having the supervision of any other detention facility.
History
Ga. L. 1973, p. 890, § 1; Ga. L. 1985, p. 149, § 42.
Notes of Decisions
Cited in 4
cases, 1993–2016 · leading case: Michael Leslie Lake v. Michael Skelton, 840 F.3d 1334 (11th Cir. 2016).
Michael Leslie Lake v. Michael Skelton, 840 F.3d 1334 (11th Cir. 2016). “” Ga. Code Ann. § 42-4-30 (1). Section 32 of that chapter governs the provision of food.”
Cherokee Cnty. v. North Cobb Surgical Assocs., P. C., 471 S.E.2d 561 (Ga. Ct. App. 1996). “” OCGA §§ 42-4-30 (2); 42-4-70 (2). As neither our research nor the parties have discovered authority addressing the specific circumstances of this appeal, we must consider whether the General Assembly intended the term “inmate” to include someone in McFarland’s situation.”
MacOn-bibb Cnty. Hosp. Auth. v. Houston Cnty., 428 S.E.2d 374 (Ga. Ct. App. 1993). “) OCGA § 42-4-30 (2). 2 We must presume that *532 the legislature did not intend the term “inmate” to have contradictory meanings within the same title of the Code.”
MacOn-bibb Cnty. Hosp. Auth. v. Reece, 492 S.E.2d 292 (Ga. Ct. App. 1997). “We noted that “inmate” is not defined at OCGA § 42-5-2, but is defined elsewhere in the Code as “ ‘a person who is detained in a detention facility by reason of being charged with or convicted of a felony, a misdemeanor, or a municipal offense.”
— 42-4-30(2) — 1 case
Cherokee Cnty. v. North Cobb Surgical Assocs., P. C., 471 S.E.2d 561 (Ga. Ct. App. 1996). “” OCGA §§ 42-4-30 (2); 42-4-70 (2). As neither our research nor the parties have discovered authority addressing the specific circumstances of this appeal, we must consider whether the General Assembly intended the term “inmate” to include someone in McFarland’s situation.”
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