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O.C.G.A. § 42-4-50 — Definitions | Georgia Code
O.C.G.A. § 42-4-50 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 42 PENAL INSTITUTIONS

Section 4. Jails, 42-4-1 through 42-4-105.

ARTICLE 3 MEDICAL SERVICES FOR INMATES

42-4-50. Definitions.

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. "Governing authority" means the governing authority of the county or municipality in which the detention facility is located.
  3. "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. Such term does not include any sentenced inmate who is the responsibility of the Department of Corrections.
  4. "Medical care" includes medical attention, dental care, and medicine and necessary and associated costs such as transportation, guards, room, and board.
  5. "Officer in charge" means the sheriff, if the detention facility is under his or her supervision, or the warden, captain, or superintendent having the supervision of any other detention facility.

(Code 1981, §42-4-50, enacted by Ga. L. 1992, p. 2125, § 2; Ga. L. 1995, p. 1059, § 1; Ga. L. 1996, p. 1081, § 1; Ga. L. 1996, p. 1264, § 1; Ga. L. 2015, p. 422, § 5-70/HB 310.)

The 2015 amendment, effective July 1, 2015, deleted "State" preceding "Department of Corrections" in paragraph (3). See Editor's notes for applicability.

Editor's notes.

- Ga. L. 2015, p. 422, § 6-1/HB 310, not codified by the General Assembly, provides that: "This Act shall become effective July 1, 2015, and shall apply to sentences entered on or after such date."

Law reviews.

- For article on the 2015 amendment of this Code section, see 32 Ga. St. U. L. Rev. 231 (2015). For note on 1992 enactment of this Code section, see 9 Ga. St. U.L. Rev. 310 (1992). For review of 1996 legislation relating to jails, see 13 Ga. St. U.L. Rev. 269 and 273 (1996).

JUDICIAL DECISIONS

Cited in Cherokee County v. North Cobb Surgical Assocs., P.C., 221 Ga. App. 496, 471 S.E.2d 561 (1996).

RESEARCH REFERENCES

ALR.

- Prisoner's right to die or refuse medical treatment, 66 A.L.R.5th 111.

Provision of hormone therapy or sexual reassignment surgery to state inmates with Gender Identity Disorder (GID), 89 A.L.R.6th 701.

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