O.C.G.A. § 42-5-125 (2019)
General applicability; exceptions
(a) Every program involving employment of an inmate, convict, or prisoner by a business operated for profit to manufacture, produce, or mine goods, wares, or merchandise for transportation in interstate commerce or to provide services shall become a part of the programs authorized by this article and shall conform to the rules and regulations promulgated in accordance with this article. (b) This Code section shall not apply to programs for the production of agricultural commodities, parts for the repair of farm machinery, or goods, wares, or merchandise manufactured for use by not for profit organizations, the federal government, the District of Columbia, or by any state or political subdivision of a state. (c) This Code section shall not apply to an inmate, convict, or prisoner serving a term of supervised release, as described in 18 U.S.C. Section 3583.
History
Code 1981, § 42-5-125, enacted by Ga. L. 2005, p. 1222, § 4/HB 58.
CHAPTER 6 DETAINERS Sec.
Article 1 General Provisions Sec.
Definitions. When detainers to be accepted and filed by department. Time limit for trial; notice and request for final disposition; notification of inmate and interested parties; effect of escape by inmate. Effect of failure to meet time limit for trial after delivery of inmate pursuant to Code Section 24-13-60. Temporary custody of inmate requesting disposition of pending indictment or accusation.
Applicability of article to mentally ill persons. Article 2
Interstate Agreement on Detainers
Enactment and text of agreement. Meaning of phrase “appropriate court.” Enforcement of agreement; cooperation with other states. Appointment of central administrator and information agent. Delivery of inmate mandatory when required by operation of agreement. Escape by person in custody under agreement.
Annotations
JUDICIAL DECISIONS O.C.G.A. Ch. 6, T. 42 does not require the filing of a detainer, but only states what action is required by an in-
mate if a detainer is filed. Riley v. State, 180 Ga. App. 409, 349 S.E.2d 274, 1986 Ga. App. LEXIS 2720 (1986).
ARTICLE 1 GENERAL PROVISIONS JUDICIAL DECISIONS Strict construction. - Detainer statutes are in derogation of the common law and must be strictly construed. Street v.
State, 211 Ga. App. 230, 438 S.E.2d 693, 1993 Ga. App. LEXIS 1451 (1993).
OPINIONS OF THE ATTORNEY GENERAL Ga. L. 1968, p. 1110, § 1 is not an ex post facto or retroactive law. 1969 Op. Att’y Gen. No. 69-95. Primary purpose of Ga. L. 1968, p. 1110, § 1 is to aid the prisoner in rendering the prisoner’s future more certain by allowing the prisoner to request the disposition of outstanding charges against
the prisoner while the prisoner is confined; such a purpose is inconsistent with an authorization to the Board of Offender Rehabilitation (Corrections) to hold the prisoner after the prisoner’s sentence has expired. 1969 Op. Att’y Gen. No. 69-410. Detaining prisoner after expiration of sentence. - It was not contemplated
that the board should have the power to hold a prisoner after the expiration of the
prisoner’s sentence. 1969 Op. Att’y Gen. No. 69-410.