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2018 Georgia Code 42-5-35 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 42-5-35 Case Law from Google Scholar Amendments to OCGA 42-5-35

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

42-5-35. Conferral of police powers; authorization to assist local law enforcement officers or correctional officers; retention of badge.

  1. The commissioner may confer all powers of a police officer of this state, including, but not limited to, the power to make summary arrests for violations of any of the criminal laws of this state and the power to carry weapons, upon wardens of county correctional institutions and upon persons in the commissioner's employment as the commissioner deems necessary, provided that individuals so designated meet the requirements specified in all applicable laws.
  2. The commissioner or his designee may authorize certain persons in his employment to assist law enforcement officers or correctional officers of local governments in preserving order and peace when so requested by such local authorities.
  3. Correctional employees leaving the service of the department under honorable conditions who have accumulated 25 or more years of service with the department as a certified peace officer or who are killed in the line of duty shall be entitled as part of such employee's compensation to retain his or her department issued badge or have such badge given to his or her surviving family member. If a correctional employee serving in a certified position leaves the service of the department due to a disability that arose in the line of duty and the disability prevents the employee from working as a law enforcement officer, then the employee shall be entitled as part of such employee's compensation to retain his or her department issued badge regardless of his or her number of years of service with the department. The board is authorized to promulgate rules and regulations for the implementation of this subsection.

(Ga. L. 1956, p. 161, § 19; Ga. L. 1972, p. 599, § 1; Ga. L. 1975, p. 1246, § 1; Ga. L. 1983, p. 672, § 1; Ga. L. 1984, p. 22, § 42; Ga. L. 1986, p. 1170, § 2; Ga. L. 1987, p. 454, § 1; Ga. L. 1988, p. 464, § 1; Ga. L. 2007, p. 274, § 1/SB 235.)

JUDICIAL DECISIONS

Cited in State v. Roulain, 159 Ga. App. 233, 283 S.E.2d 89 (1981).

OPINIONS OF THE ATTORNEY GENERAL

Officer's actions in preventing escape must be with sole intent of discharging duty to prevent escape and arrest inmate. Any other intent on officer's part will eliminate the officer's defense of justification. 1981 Op. Att'y Gen. No. 81-82.

Extent of force permissible in preventing inmate escapes.

- See 1981 Op. Att'y Gen. No. 81-82.

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