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2018 Georgia Code 42-5-30 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 42-5-30 Case Law from Google Scholar Amendments to OCGA 42-5-30

TITLE 42 PENAL INSTITUTIONS

Section 5. Correctional Institutions of State and Counties, 42-5-1 through 42-5-125.

ARTICLE 2 WARDENS, SUPERINTENDENTS, AND OTHER PERSONNEL

42-5-30. Qualifications for wardens, superintendents, and other personnel; appointment of wardens of county correctional institutions.

The board shall by rule and regulation define the qualifications for wardens, superintendents, and other personnel employed in the state and county correctional institutions. The board shall by rule and regulation specify appropriate titles of personnel so employed, but no such personnel shall be known as or designated by the board as "guards" or "prison guards." The wardens and deputy wardens of the various county correctional institutions shall be appointed by the governing authority of the county, subject to approval of the board, and shall serve at the pleasure of the county or the board.

(Ga. L. 1956, p. 161, § 18; Ga. L. 1984, p. 639, § 1; Ga. L. 1993, p. 417, § 1.)

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, annotations decided under former Penal Code 1910, § 1192 are included in the annotations for this Code section.

Proceedings for removal of warden.

- Proceeding before the prison commission (now Board of Corrections) for the removal of a warden is not "litigation" within the meaning of Ga. Const. 1877, Art. VII, Sec. VI, Para. II (see Ga. Const. 1983, Art. IX, Sec. IV, Para. I). Hence, the governing authority of a county has no authority to employ an attorney to represent it in a proceeding before the prison commission (now Board of Corrections) for the discharge of a warden. Humber v. Dixon, 147 Ga. 480, 94 S.E. 565 (1917) (decided under former Penal Code 1910, § 1192).

OPINIONS OF THE ATTORNEY GENERAL

Ga. L. 1956, p. 161, § 18 (see now O.C.G.A. § 42-5-30) provides for two types of wardens: those at "state-operated institutions" under Ga. L. 1956, p. 161, § 10 (see now O.C.G.A. § 42-2-9) and those "appointed by the governing authority of the county," under Ga. L. 1956, p. 161, § 18; a person cannot be a warden within the state penal system unless the warden is an employee either of the state or a county authorized to maintain a county correctional institution under the supervision of the Board of Corrections. 1973 Op. Att'y Gen. No. 73-72.

Authority to issue rules establishing qualifications for wardens.

- Board of Offender Rehabilitation (Corrections) has the authority to issue rules establishing the practical experience and educational background necessary for the position of warden of a county correctional institution. 1973 Op. Att'y Gen. No. 73-41.

It is within the ambit of the board to decide what is "experience" and when it is "equivalent" for purposes of satisfying educational requirements and the board may use the board's power to remove wardens and prisoners to ensure that county wardens do in fact possess the requisite qualifications. 1973 Op. Att'y Gen. No. 73-41.

Recourse when county institutions fail to hire qualified wardens.

- If a county correctional institution fails to employ a warden duly qualified according to the requirements set forth by the board, the board may remove all the prisoners from that institution. 1973 Op. Att'y Gen. No. 73-41.

Eighteen-year-olds may legally be hired for correctional officers. 1974 Op. Att'y Gen. No. 74-138.

RESEARCH REFERENCES

Am. Jur. 2d.

- 63A Am. Jur. 2d, Public Officers and Employees, § 162.

C.J.S.

- 72 C.J.S., Prisons and Rights of Prisoners, §§ 13, 115.

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