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

42-5-55. Deductions from inmate accounts for payment of certain damages and medical costs; limit on deductions; fee for managing inmate accounts.

1. As used in this Code section, the term:
   1. "Chronic illness" means an illness requiring care and treatment over an extended period of time. Chronic illness includes, but is not limited to, hypertension, diabetes, pulmonary illness, a seizure disorder, acquired immune deficiency syndrome, cancer, tuberculosis B, hepatitis C, rheumatoid arthritis, an autoimmune disorder, and renal disease.
   2. "Detention facility" means a state, county, or private correctional institution, workcamp, or other state or county detention facility used for the detention of persons convicted of a felony or a misdemeanor.
   3. "Inmate" means a person who is detained in a detention facility by reason of being convicted of a felony or a misdemeanor.
   4. "Medical treatment" means each visit initiated by the inmate to an institutional physician; physician's extender, including a physician assistant or a nurse practitioner; registered nurse; licensed practical nurse; medical assistant; dentist; dental hygienist; optometrist; or psychiatrist for examination or treatment.
   5. "Officer in charge" means the warden, captain, or superintendent having the supervision of any detention facility.
2. The commissioner or, in the case of a county or private facility, the officer in charge may establish by rules or regulations criteria for a reasonable deduction from money credited to the account of an inmate to:
   1. Repay the costs of:
      1. Public property or private property in the case of an inmate housed in a private correctional facility willfully damaged or destroyed by the inmate during his or her incarceration;
      2. Medical treatment and prescription medication for injuries inflicted by the inmate upon himself or herself or others unless the inmate has a severe mental health designation as determined by the department;
      3. Searching for and apprehending the inmate when he or she escapes or attempts to escape; such costs to be limited to those extraordinary costs incurred as a consequence of the escape; or
      4. Quelling any riot or other disturbance in which the inmate is unlawfully involved; or
   2. Defray the costs paid by the state or county for:
      1. Medical treatment for an inmate when the request for medical treatment has been initiated by the inmate; and
      2. Medication prescribed for the treatment of a medical condition unrelated to pregnancy or a chronic illness.
3. The provisions of paragraph (2) of subsection (b) of this Code section shall in no way relieve the governmental unit, agency, or subdivision having physical custody of an inmate from furnishing him or her with needed medical treatment.
4. Notwithstanding any other provisions of this Code section, the deductions from money credited to the account of an inmate as authorized under subsection (b) of this Code section shall not be made whenever the balance in the inmate's account is $10.00 or less.
5. The officer in charge of any detention facility is authorized to charge a fee for establishing and managing inmate money accounts. Such fee shall not exceed $1.00 per month.

(Code 1981, §42-5-55, enacted by Ga. L. 1996, p. 1081, § 3; Ga. L. 2003, p. 252, § 3; Ga. L. 2009, p. 136, § 1/HB 464; Ga. L. 2009, p. 859, § 3/HB 509.)