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O.C.G.A. § 42-4-8 — Inquiry into contents of inmate record by grand jury; failure to comply with Code Section 42-4-7 | Georgia Code
O.C.G.A. § 42-4-8 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 42 PENAL INSTITUTIONS

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

ARTICLE 1 GENERAL PROVISIONS

42-4-8. Inquiry into contents of inmate record by grand jury; failure to comply with Code Section 42-4-7.

It shall be the duty of the grand jury, at each term of the superior court held in the county, to inquire into the contents of the record kept by the sheriff as required by Code Section 42-4-7. If the record is not kept or is incorrectly kept, the grand jury shall so report to the court. Upon the report's being made, the judge presiding shall cause the district attorney to have the sheriff served with a rule requiring him to show cause why he should not be punished for contempt. The judge shall inquire into the facts and, if he finds that Code Section 42-4-7 has not been complied with, he shall impose a fine of not less than $25.00 nor more than $50.00 for the first offense and not more than $100.00 and not less than $50.00 for each subsequent offense. The fines shall be enforced and collected by attachment, as in other cases of attachments against sheriffs.

(Ga. L. 1877, p. 111, § 2; Code 1882, § 366b; Penal Code 1895, § 1126; Penal Code 1910, § 1155; Code 1933, § 77-109; Ga. L. 1994, p. 97, § 42.)

Cross references.

- Frequency with which grand jury must perform duties, § 15-12-71.

RESEARCH REFERENCES

Am. Jur. 2d.

- 38 Am. Jur. 2d, Grand Jury, §§ 34-37.

C.J.S.

- 72 C.J.S., Prisons and Rights of Prisoners, §§ 123, 124.

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