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2018 Georgia Code 42-5-54 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 42-5-54 Case Law from Google Scholar Amendments to OCGA 42-5-54

TITLE 42 PENAL INSTITUTIONS

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

ARTICLE 3 CONDITIONS OF DETENTION GENERALLY

42-5-54. Information from inmates relating to medical insurance; provision and payment of medical treatment for inmates.

  1. As used in this Code section, the term:
    1. "Detention facility" means a county correctional institution, workcamp, or other county detention facility used for the detention of persons convicted of a felony or a misdemeanor.
    2. "Inmate" means a person who is detained in a detention facility by reason of being convicted of a felony or a misdemeanor and who is insured under existing individual health insurance, group health insurance, or prepaid medical care coverage or is eligible for benefits under Article 7 of Chapter 4 of Title 49, the "Georgia Medical Assistance Act of 1977." Such term does not include any sentenced inmate who is the responsibility of the Department of Corrections.
    3. "Officer in charge" means the warden, captain, or superintendent having the supervision of any detention facility.
  2. The officer in charge or his or her designee may require an inmate to furnish the following information:
    1. The existence of any health insurance, group health plan, or prepaid medical care coverage under which the inmate is insured;
    2. The eligibility for benefits to which the inmate is entitled under Article 7 of Chapter 4 of Title 49, the "Georgia Medical Assistance Act of 1977";
    3. The name and address of the third-party payor; and
    4. The policy or other identifying number.
  3. The officer in charge will provide a sick, injured, or disabled inmate access to medical services and may arrange for the inmate's health insurance carrier to pay the health care provider for the medical services rendered.
  4. The liability for payment for medical care described under subsection (b) of this Code section may not be construed as requiring payment by any person or entity, except by an inmate personally or by his or her carrier through coverage or benefits described under paragraph (1) of subsection (b) of this Code section or by or at the direction of the Department of Community Health pursuant to paragraph (2) of such subsection.
  5. Nothing in this Code section shall be construed to relieve the governing authority, governmental unit, subdivision, or agency having the physical custody of an inmate from its responsibility to pay for any medical and hospital care rendered to such inmate regardless of whether such individual has been convicted of a crime.

(Code 1981, §42-5-54, enacted by Ga. L. 1996, p. 1081, § 3; Ga. L. 1999, p. 296, § 24.)

Editor's notes.

- This former Code section, relating to temporary transfer of convicted persons pending appeals, was based on Ga. L. 1971, p. 341, § 2, and was repealed by Ga. L. 1982, p. 1364, § 3 effective January 1, 1983.

Law reviews.

- For review of 1996 legislation relating to jails, see 13 Ga. St. U.L. Rev. 269 and 273 (1996).

JUDICIAL DECISIONS

Supervision of prisoners discretionary function.

- Supervision of a prisoner work detail is a discretionary function by virtue of which the supervisor is entitled to official immunity. Parrish v. State, 270 Ga. 878, 514 S.E.2d 834 (1999), reversing Simmons v. Coweta County, 229 Ga. App. 550, 494 S.E.2d 362 (1997).

RESEARCH REFERENCES

ALR.

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

Cases Citing O.C.G.A. § 42-5-54

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In Re Irvin, 328 S.E.2d 215 (Ga. 1985).

Cited 57 times | Published | Supreme Court of Georgia | Apr 4, 1985 | 254 Ga. 251

...mporarily transfer a prisoner who has been convicted of a crime, "but who will likely be involved in lengthy or longterm appeals and thus forced to spend considerable time in jails or lockups which are not equipped to handle long-term inmates." OCGA § 42-5-54....
...cted of the offense of murder, rape, kidnapping or armed robbery and constitutes a dangerous condition which the local jail is not equipped to control. OCGA § 42-5-55 (b); Ricketts v. Brantly, 239 Ga. 151 (236 SE2d 51) (1977). The authority of OCGA § 42-5-54 may also be exercised by the trial court, sua sponte, if the trial court certifies in writing that the continued custody of a person whose testimony or actions contributed to the conviction of another person held in the same jail presents a dangerous situation which the local jail is not equipped to control. OCGA § 42-5-55 (c). In all other circumstances the trial court may not exercise the authority of OCGA § 42-5-54 unless the prisoner or his attorney requests the transfer....