2018 Georgia Code Annotated

TITLE 42 PENAL INSTITUTIONS

Chap.

• 1. General Provisions, 42-1-1 through 42-1-19.
• 2. Board and Department of Corrections, 42-2-1 through 42-2-16.
• 3. Community Supervision and Transition, 42-3-1 through 42-3-119.
• 4. Jails, 42-4-1 through 42-4-105.
• 5. Correctional Institutions of State and Counties, 42-5-1 through 42-5-125.
• 6. Detainers, 42-6-1 through 42-6-25.
• 7. Treatment of Youthful Offenders, 42-7-1 through 42-7-9.
• 8. Probation, 42-8-1 through 42-8-159.
• 9. Pardons and Paroles, 42-9-1 through 42-9-90.
• 10. Correctional Industries, 42-10-1 through 42-10-5.
• 11. Interstate Corrections Compact, 42-11-1 through 42-11-3.
• 12. Prison Litigation Reform, 42-12-1 through 42-12-9.
• 13. International Transfer of Prisoners, 42-13-1 through 42-13-2.

Chapter 1. General Provisions, 42-1-1 through 42-1-19.

Article 1 Inmate Policies.

• 42-1-1. Definitions.
• 42-1-2. Reward for information leading to capture of escaped inmate of penal institution under jurisdiction of Board of Corrections.
• 42-1-3. Defendant sentenced to death or life imprisonment not to be made trusty during time case on appeal; manner of confinement of defendant.
• 42-1-4. Work-release programs for county prisoners.
• 42-1-5. Use of inmate for private gain.
• 42-1-6. Injury or contact by inmate presenting possible threat of transmission of communicable disease.
• 42-1-7. Notification to transporting law enforcement agency of inmate's or patient's infectious or communicable disease.
• 42-1-8. Home arrest program.
• 42-1-9. Work-release, educational, and habilitative programs for county prisoners.
• 42-1-10. Preliminary urine screen drug tests.
• 42-1-11. Notification of crime victim of impending release of offender from imprisonment.
• 42-1-11.1. Alien prisoners eligible for deportation; cooperation with federal deportation program; waiver of extradition rights; transportation.
• 42-1-11.2. Advice on employment of attorney prohibited; penalty.

Article 2 Sexual Offender Registration Review Board.

• 42-1-12. State Sexual Offender Registry.
• 42-1-13. Sexual Offender Registration Review Board; composition; appointment; administration and duties; immunity from liability.
• 42-1-14. Risk assessment classification; classification as "sexually dangerous predator"; electronic monitoring.
• 42-1-15. Restriction on registered offenders residing, working, or loitering within certain distance of child care facilities, churches, schools, or areas where minors congregate; penalty for violations; civil causes of action.
• 42-1-16. Definitions; employment restrictions for sexual offenders; penalties.
• 42-1-17. Definitions; residency restrictions for sexual offenders; penalties.
• 42-1-18. "Photograph" defined; photographing minor without consent of parent or guardian prohibited; penalty.
• 42-1-19. Petition for release from registration requirements.

Chapter 2. Board and Department of Corrections, 42-2-1 through 42-2-16.

• 42-2-1. Creation.
• 42-2-2. Board members, officers, records, and compensation.
• 42-2-3. Board meetings.
• 42-2-4. Department created.
• 42-2-5. Administrative functions of department.
• 42-2-5.1. Special school district for school age youth.
• 42-2-5.2. Educational programs for adult offenders; awarding of Program and Treatment Completion Certificate.
• 42-2-6. Office of commissioner created; general duties; appointment; compensation.
• 42-2-7. Duties of commissioner relating to department retirements.
• 42-2-8. Additional duties of commissioner.
• 42-2-9. Selection of department personnel; establishment and maintenance of roster of employees.
• 42-2-10. Office of board, commissioner, and staff.
• 42-2-11. Powers and duties of board; adoption of rules and regulations.
• 42-2-12. Reasonableness of rules and regulations.
• 42-2-13. Grants to municipal corporations and counties for local jails and correctional institutions.
• 42-2-14. Power of Governor to declare state of emergency with regard to jail and prison overcrowding.
• 42-2-15. Employee benefit fund.
• 42-2-16. Retaining department issued weapons.

Chapter 3. Community Supervision and Transition, 42-3-1 through 42-3-119.

Article 1 Board of Community Supervision; Department of Community Supervision.

• 42-3-1. Definitions.
• 42-3-2. Board of Community Supervision created; membership; creation of Program and Treatment Completion Certificate; adoption of rules and regulations; duties.
• 42-3-3. Department of Community Supervision created; responsibilities.
• 42-3-4. Commissioner of community supervision; duties.
• 42-3-5. Administrative functions of department.
• 42-3-6. Rules and regulations.
• 42-3-7. Transfer of prior appropriations, personnel, equipment, and facilities; probation and parole not affected by creation of department.
• 42-3-8. Employee benefit fund.
• 42-3-9. Retention of issued weapon and badge; survivor's rights to badge.
• 42-3-10. Appeals of sanctions; venue; no waiver of immunity.

Article 2 Successful Transition and Reentry of Offender.

• 42-3-30 through 42-3-35 [Repealed].

Article 3 Community Service.

• 42-3-50. Definitions; assignment of community service for personal gain prohibited.
• 42-3-51. Community service or educational advancement program; letter of application; requirements; limitation of liability.
• 42-3-52. Community service or educational advancement as condition of probation.
• 42-3-53. Placement with appropriate agency; approval by court; report of offender's performance.
• 42-3-54. Applicability of Articles 2, 3, and 6 of this chapter.

Article 4 Pretrial Release and Diversion Programs.

• 42-3-70. Operation of pretrial release and diversion programs.
• 42-3-71. Discretionary release upon application by person charged with felony.
• 42-3-72. Contracts with counties for services and facilities.
• 42-3-73. Authority to establish and operate pretrial release diversion programs does not affect contracting authority of Georgia Department of Labor.
• 42-3-74. Judicial approval for pretrial release and diversion program required.

Article 5 Diversion Center and Program for Violation of Alimony and Child Support Orders.

• 42-3-90. Establishment of diversion center; authorization for travel to and from employment; requirements during confinement at diversion center.

Article 6 Probation Management.

• 42-3-110. Short title.
• 42-3-111. Definitions.
• 42-3-112. Sentencing options system.
• 42-3-113. System of administrative sanctions.
• 42-3-114. Preliminary hearing for alleged violation of probation.
• 42-3-115. Authorization to impose administrative sanctions; petition; hearing; administrative proceeding.
• 42-3-116. Finality of hearing officer's decision; request for review; appeal.
• 42-3-117. Article not construed as repealing any court's probationary or supervisory power.
• 42-3-118. Applicability of article.
• 42-3-119. Liberal construction of article.

Chapter 4. Jails, 42-4-1 through 42-4-105.

Article 1 General Provisions.

• 42-4-1. Appointment of county and municipal jailers.
• 42-4-2. Oath and bond of jailers.
• 42-4-3. When coroner to act as keeper of jail.
• 42-4-4. Duties of sheriff as to jail inmates; designation of inmate as trusty; failure to comply with Code section.
• 42-4-5. Cruelty to inmates.
• 42-4-6. Confinement and care of tubercular inmates; crediting of time spent in hospital or institution against sentence.
• 42-4-7. Maintenance of inmate record by sheriff; earned time allowances.
• 42-4-8. Inquiry into contents of inmate record by grand jury; failure to comply with Code Section 42-4-7.
• 42-4-9. Conditions for receipt of federal prisoners.
• 42-4-10. Receipt of additional federal prisoners after initial acceptance.
• 42-4-11. Procedure for transfer of person in custody upon change of venue.
• 42-4-12. Penalty for refusal by officer to receive persons charged with or guilty of offense.
• 42-4-13. Possession of drugs, weapons, alcohol, or tobacco products by inmates.
• 42-4-14. "Illegal alien" defined; determination of nationality of person charged with felony and confined in a jail facility.
• 42-4-15. Limitations on medical charges for providing emergency medical care services to individuals in custody.

Article 2 Conditions of Detention.

• 42-4-30. Definitions.
• 42-4-31. Required safety and security measures.
• 42-4-32. Sanitation and health requirements generally; meals; inspections; medical treatment.
• 42-4-33. Penalty for violations of article.

Article 3 Medical Services for Inmates.

• 42-4-50. Definitions.
• 42-4-51. Information as to inmate's health insurance or eligibility for benefits; access to medical services; liability for payment; inmate's liability for costs of medical care; procedure for recovery against inmate.

Article 4 Deductions from Inmate Accounts for Expenses.

• 42-4-70. Definitions.
• 42-4-71. Deduction of costs from inmate's account for destruction of property, medical treatment, and other causes; exception for certain medical costs.

Article 5 Regional Jail Authorities.

• 42-4-90. Short title.
• 42-4-91. Statement of authority; policy of state.
• 42-4-92. Definitions.
• 42-4-93. Creation of authorities; ordinance or resolution required; agreement; approval of sheriff; exemption from Georgia State Financing and Investment Commission Act.
• 42-4-94. Board of directors; members; election of officers; expenses; duties; addition of counties or municipalities to authority.
• 42-4-95. Management committee of county regional jail authority; management and operation of municipal regional jail authority.
• 42-4-96. Quorums; voting requirements.
• 42-4-97. Powers of authority.
• 42-4-98. Duties and responsibilities of sheriffs and governing bodies imposed upon management committee and authority.
• 42-4-99. Limitation on liability of members, officers, or employees.
• 42-4-100. Bonds or other obligations; requirements and procedure for issuance.
• 42-4-101. Bonds or other obligations not indebtedness of state or political subdivision; payment.
• 42-4-102. Construction of article; bonds not subject to regulation under Georgia Uniform Securities Act; power of counties and municipalities to activate authorities.
• 42-4-103. Operation and finance agreement required; withdrawal from authority.
• 42-4-104. Authority of county or municipality to establish and maintain jail or jail-holding facility.
• 42-4-105. Immunity of authorities from liability.

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

Article 1 General Provisions.

• 42-5-1. Definitions.
• 42-5-2. Responsibilities of governmental unit with custody of inmate; costs of emergency and follow-up care; access to medical services or hospital care; hospital requirements for providing emergency health care services to state inmates.
• 42-5-3. Department's responsibility for trial costs and expenses.
• 42-5-4. Payment of trial costs and expenses.
• 42-5-5. Reimbursement of court costs and transportation and detention expenses incurred in trying escapees from state correctional institutions.
• 42-5-6. Participation by county correctional institutions in state purchasing contracts.
• 42-5-7. Sudden or unusual death of inmate.
• 42-5-8. Notification upon escape of inmate.
• 42-5-9. Notification of projected release date of inmate.
• 42-5-10. Promulgation of rules governing plans and specifications for new correctional institutions; certification of acceptability of old facilities by state fire marshal.
• 42-5-11. General prohibition against receipt of remuneration in regard to assignment, transfer, or status of inmate.
• 42-5-12. Receipt of remuneration by state officials in regard to assignment, transfer, or status of inmate.
• 42-5-13. Record of person contacting commissioner, department, or board on behalf of inmate.
• 42-5-14. Establishment of guard lines and signs at state or county correctional institutions.
• 42-5-15. Crossing of guard lines with weapons, intoxicants, or drugs without consent of warden or superintendent.
• 42-5-16. Trading with inmates without consent of warden or superintendent.
• 42-5-17. Loitering near inmates after being ordered to desist.
• 42-5-18. Items prohibited for possession by inmates; warden's authorization; penalty.
• 42-5-19. Penalty for violating Code Section 42-5-16 or 42-5-17.
• 42-5-20. Alcohol or Drug Use Risk Reduction Program.
• 42-5-21. Family Violence Counseling Program.

Article 2 Wardens, Superintendents, and Other Personnel.

• 42-5-30. Qualifications for wardens, superintendents, and other personnel; appointment of wardens of county correctional institutions.
• 42-5-31. Oath of office of wardens and superintendents, their deputies, and other correctional officers.
• 42-5-32. Bonds of superintendents, wardens, and other officials and employees.
• 42-5-33. Submission of monthly reports to commissioner by wardens and superintendents.
• 42-5-34. Powers of arrest of wardens, superintendents, and deputies.
• 42-5-35. Conferral of police powers; authorization to assist local law enforcement officers or correctional officers; retention of badge.
• 42-5-36. Confidentiality of information supplied by inmates; penalties for breach; classified nature of department investigation reports; confidentiality of certain identifying information; custodians of records.
• 42-5-37. Employees in control of inmates prohibited from receiving profit from inmate labor; penalties.
• 42-5-37.1. Compensation of employees of institutions operated by department for damages to wearing apparel caused by inmate action.
• 42-5-38. Making false statement as to age to procure employment.
• 42-5-39. Refusal by officer to receive inmates in correctional institution.
• 42-5-40. Requiring inmates to do unnecessary work on Sunday.
• 42-5-41. Compensation of department employee injured by inmate or probationer [Repealed].

Article 3 Conditions of Detention Generally.

• 42-5-50. Transmittal of information on convicted persons; place of detention; payment for inmates not transferred to the custody of the department; notice in the event of convicted person free on bond pending appeal.
• 42-5-51. Jurisdiction over certain misdemeanor offenders; designation of place of confinement of inmates; reimbursement of county; transfer of inmates to federal authority.
• 42-5-52. Classification and separation of inmates generally; placement of juvenile offenders and of females; transfer of mentally diseased, alcoholic, drug addicted, or tubercular inmates.
• 42-5-52.1. Submission to HIV test; separate housing for HIV infected persons.
• 42-5-52.2. Testing of prison inmates for HIV; consolidation of inmates testing positive.
• 42-5-53. Establishment of county correctional institutions; supervision by department; quota of inmates; funding; confinement and withdrawal of inmates.
• 42-5-54. Information from inmates relating to medical insurance; provision and payment of medical treatment for inmates.
• 42-5-55. Deductions from inmate accounts for payment of certain damages and medical costs; limit on deductions; fee for managing inmate accounts.
• 42-5-56. Visitation with minors by convicted sexual offenders.
• 42-5-57. Institution of rehabilitation programs; provision of opportunities for educational, religious, and recreational activities.
• 42-5-58. Prohibition against corporal punishment; use of handcuffs, leg chains, and other restraints; permissible punishment generally.
• 42-5-59. Employment of inmates in the local community.
• 42-5-60. Hiring out of inmates; participation of inmates in programs of volunteer service; sale of products produced by inmates; disposition of proceeds; payment to inmates for services.
• 42-5-60.1. Utilization of inmates of county correctional institutions for work on outdoor assignments during inclement weather; supervision of inmates.
• 42-5-61. Services and benefits to be furnished inmates discharged by department or county correctional institutions.
• 42-5-62. Forfeiture of contraband.
• 42-5-63. Unauthorized possession of weapon by inmate.
• 42-5-64. Educational programming.
• 42-5-65. Victim photographs prohibited; exception.

Article 4 Granting Special Leaves, Emergency

Leaves, and Limited Leave Privileges.

• 42-5-80. Authorization and general procedure for granting special leave.
• 42-5-81. Issuance of special leave; filing.
• 42-5-82. Purposes for which special leave may be granted.
• 42-5-83. Emergency leaves.
• 42-5-84. Delegation of authority to issue limited leave privileges; records.
• 42-5-85. Leave privileges of inmates serving murder sentences.

Article 5 Awarding Earned-time Allowances.

• 42-5-100. Termination of board's power to award earned-time allowances.
• 42-5-101. Work incentive credits.

Article 6 Voluntary Labor Program.

• 42-5-120. Rules and regulations; requirements.
• 42-5-121. Federal certification.
• 42-5-122. Conflicting legislation preempted.
• 42-5-123. Compensation by employers for administrative and other costs to the state.
• 42-5-124. Publicizing and inviting participation in programs; cooperation with the Department of Labor.
• 42-5-125. General applicability; exceptions.

• General Consideration
• Custody of Prisoners
• Youthful Offenders
• Misdemeanants or Felons

• General Consideration
• Rules Governing Hiring Out Inmates
• Sale of Inmates' Products

Chapter 6. Detainers, 42-6-1 through 42-6-25.

Article 1 General Provisions.

• 42-6-1. Definitions.
• 42-6-2. When detainers to be accepted and filed by department.
• 42-6-3. Time limit for trial; notice and request for final disposition; notification of inmate and interested parties; effect of escape by inmate.
• 42-6-4. Effect of failure to meet time limit for trial after delivery of inmate pursuant to Code Section 24-13-60.
• 42-6-5. Temporary custody of inmate requesting disposition of pending indictment or accusation.
• 42-6-6. Applicability of article to mentally ill persons.

Article 2 Interstate Agreement on Detainers.

• 42-6-20. Enactment and text of agreement.
• 42-6-21. Meaning of phrase "appropriate court."
• 42-6-22. Enforcement of agreement; cooperation with other states.
• 42-6-23. Appointment of central administrator and information agent.
• 42-6-24. Delivery of inmate mandatory when required by operation of agreement.
• 42-6-25. Escape by person in custody under agreement.

Chapter 7. Treatment of Youthful Offenders, 42-7-1 through 42-7-9.

• 42-7-1. Short title.
• 42-7-2. Definitions.
• 42-7-3. Providing institutions and facilities.
• 42-7-4. Studies and diagnoses; placement of youthful offender by department.
• 42-7-5. Transfer.
• 42-7-6. Notification of State Board of Pardons and Paroles.
• 42-7-7. Adoption of policies and procedures.
• 42-7-8. Court recommendation of treatment as youthful offender.
• 42-7-9. Construction of chapter.

Chapter 8. Probation, 42-8-1 through 42-8-159.

Article 1 Advisory Council for Probation.

• 42-8-1. Creation; composition; selection of members; terms of office [Repealed].

Article 2 State-wide Probation System.

• 42-8-20. Short title.
• 42-8-21. Definitions.
• 42-8-22. State-wide probation system for felony offenders created; administration generally.
• 42-8-23. Administration of supervision of felony probationers by DCS; graduated sanctions.
• 42-8-24. General duties of DCS; rules and regulations.
• 42-8-25. Employment of community service officers; assignment to circuits by DCS.
• 42-8-26. Qualifications of officer; compensation and expenses; conflicts of interest; bonds.
• 42-8-27. Duties of officers.
• 42-8-28. Assignment of officers among judicial circuits generally.
• 42-8-29. Presentence investigations; supervision of probationers; maintenance of records relating to probationers.
• 42-8-29.1. Disposition of officer's records; confidentiality.
• 42-8-30. Applicability of this article when private probation services are utilized.
• 42-8-30.1. Redesignated.
• 42-8-31. Collection and disbursement of funds by officers; record-keeping; bank accounts.
• 42-8-32. Funds which may be collected by officers.
• 42-8-33. Audits of accounts of officers; records and reports of audits; bonds of auditors; refunding overpayment of fines, restitutions, or moneys owed.
• 42-8-34. Sentencing hearings and determinations; presentence investigations; payment of fees, fines, and costs; post-conviction, presentence bond; continuing jurisdiction; transferal of probation supervision.
• 42-8-34.1. Revocation of probated or suspended sentence; alternative sentencing; burden of proof; length of probation supervision.
• 42-8-34.2. Delinquency of defendant in payment of fines, costs, or restitution or reparation; costs of garnishment.
• 42-8-35. Terms and conditions of probation; supervision.
• 42-8-35.1. Special alternative incarceration-probation boot camp unit.
• 42-8-35.2. Special term of probation; when imposed; revocation; suspension.
• 42-8-35.3. Conditions of probation for stalking or aggravated stalking.
• 42-8-35.4. Confinement in probation detention center.
• 42-8-35.5. Confinement in probation diversion center [Repealed].
• 42-8-35.6. Family violence intervention program participation as condition of probation; cost borne by defendant.
• 42-8-35.7. Drug and alcohol screening of probationers.
• 42-8-36. Duty of probationer to inform officer of residence and whereabouts; violations; tolling; unpaid moneys.
• 42-8-37. Effect of termination of probated portion of sentence; review of cases of persons receiving probated sentence; reports.
• 42-8-38. Arrest or graduated sanctions for probationers violating terms; hearing; disposition of charge; procedure when probation revoked in county other than that of conviction.
• 42-8-39. Suspension of sentence does not place defendant on probation.
• 42-8-40. Confidentiality of reports, files, records, and other information related to supervision; exemption from subpoena; declassification.
• 42-8-41. Cooperation of state and local entities with probation officials.
• 42-8-42. Provision of office space and clerical help by DCS and counties.
• 42-8-43. Liberal construction of article.
• 42-8-43.1 through 42-8-43.3 [Repealed].
• 42-8-44. Redesignated.

Article 3 First Offenders.

• 42-8-60. Probation prior to adjudication of guilt; violation of probation; review of criminal record by judge.
• 42-8-61. Defendant to be informed of eligibility for sentencing as first offender.
• 42-8-62. Duty of clerk to transfer information.
• 42-8-62.1. Limiting public access to first offender status; petitioning; sealing record.
• 42-8-63. Effect of discharge under article on eligibility for employment or appointment to office.
• 42-8-63.1. Discharges disqualifying individuals from employment.
• 42-8-64. Appeal of sentence imposed under article.
• 42-8-65. Use of prior finding of guilt in subsequent prosecutions; modification of records.
• 42-8-66. Petition for exoneration and discharge; hearing; retroactive grant of first offender status; no filing fee.

Article 4 Participation of Probationers in Community Service Programs.

• 42-8-70 through 42-8-74 [Repealed].

Article 5 Pretrial Release and Diversion Programs.

• 42-8-80 through 42-8-84 [Repealed].

Article 6 County and Municipal Probation.

• 42-8-100. Definitions.
• 42-8-101. Agreements for probation services; termination of contract for probation services.
• 42-8-102. Probation and supervision; determination of fees, fines, and restitution; converting moneys owed to community service or educational advancement; continuing jurisdiction; revocation; transfer.
• 42-8-103. Pay-only probation; discharge or termination of probation.
• 42-8-103.1. Serving consecutive misdemeanor sentences.
• 42-8-104. Terms and conditions of probation.
• 42-8-105. Probationer obligation to keep officer informed of certain information; tolling for failure to meet certain obligations; procedure.
• 42-8-106. Advisory committee created; membership.
• 42-8-106.1. Powers and duties of Board of Community Supervision.
• 42-8-107. Uniform professional standards and uniform contract standards.
• 42-8-108. Quarterly report to judge and council; records to be open for inspection.
• 42-8-109. Conflicts of interests prohibited - Private entities.
• 42-8-109.1. Conflicts of interests prohibited - Public entities and employees.
• 42-8-109.2. Confidentiality of records.
• 42-8-109.3. Registration with board.
• 42-8-109.4. Applicability of article to contractors for probation services; requirements for private corporations, private enterprises and private agencies entering into written contracts for services.
• 42-8-109.5. Determination by court whether misdemeanor probation to be supervised by community supervision officer, private probation officer, or probation officer.

Article 7 Ignition Interlock Devices.

• 42-8-110. Definitions; applicability; purchase or lease of ignition interlock devices by counties, municipalities, or private entities; costs, fees, and deposits; participation by indigents.
• 42-8-110.1. Ignition interlock device limited driving permit; restrictions.
• 42-8-111. Court issuance of certificate for installation of ignition interlock devices; exceptions; completion of alcohol and drug use risk reduction program; notice of requirements; fees for driver's license.
• 42-8-112. Timing for issuance of ignition interlock device limited driving permit; documentation required; reporting requirement.
• 42-8-113. Renting, leasing, or lending motor vehicle to probationer subject to this article prohibited.
• 42-8-114. Specifying provider for ignition interlock device.
• 42-8-115. Certification of ignition interlock devices.
• 42-8-116. Warning labels.
• 42-8-116.1. Effect of failing to comply; previously installed devices.
• 42-8-117. Revocation of driving privilege upon violation of probation imposed by Code Section 42-8-111.
• 42-8-118. Requesting or soliciting another to blow into device; tampering with or circumventing operation of device.

Article 8 Diversion Center and Program.

• 42-8-130. Establishment; obligations of respondent; confinement; fee; alternative methods of incarceration [Repealed].

Article 9 Probation Management.

• 42-8-150 through 42-8-159 [Repealed].

Chapter 9. Pardons and Paroles, 42-9-1 through 42-9-90.

Article 1 General Provisions.

• 42-9-1. Declaration of legislative policy.
• 42-9-2. Creation of board.
• 42-9-3. Definitions.
• 42-9-4. Appointments to board when Senate not in session.
• 42-9-5. Compensation of board members.
• 42-9-6. Board chairman.
• 42-9-7. Board quorum.
• 42-9-8. Official board seal.
• 42-9-9. Board employees; "disability" defined; awarding of badges.
• 42-9-9.1. Assistance to law enforcement, correctional, or homeland security agencies; conferring powers of law enforcement officers by the board.
• 42-9-10. Legal adviser of board.
• 42-9-11. Office quarters for board; supplies and equipment.
• 42-9-12. Appointment of replacement for incapacitated member; calling of appointing council by Governor; immunity of council from civil or criminal liability.
• 42-9-13. Reinstatement of incapacitated member upon recovery.
• 42-9-14. Removal of board members for cause.
• 42-9-15. Conflicts of interest by members or employees of board.
• 42-9-16. Persons permitted to appear or practice before board for remuneration generally.
• 42-9-17. Appearance before board by members of General Assembly or other elected or appointed officials on behalf of persons under the jurisdiction of the board.
• 42-9-18. Maintenance of records of persons contacting members of board on behalf of inmates.
• 42-9-19. Annual report of board.
• 42-9-20. General duties of board.
• 42-9-20.1. Public access to information regarding paroled felons residing within state.
• 42-9-21. Supervision of persons placed on parole or other conditional release; contracts for services and programs; collection of sums for restitution.
• 42-9-21.1. Compensation of board employee injured by inmate or parolee [Repealed].
• 42-9-22. Construction of chapter.

Article 2 Grants of Pardons, Paroles, and Other Relief.

• 42-9-39. Restrictions on relief for person serving a second life sentence.
• 42-9-40. Parole guidelines system.
• 42-9-41. Duty of board to obtain and place in records information respecting persons subject to relief or placed on probation; investigations; rules.
• 42-9-42. Procedure for granting relief from sentence; conditions and prerequisites; public access to information; violation of parole.
• 42-9-42.1. Use of HIV test results in granting relief from sentence; conditions.
• 42-9-43. Information to be considered by board generally; conduct of investigation and examination; determination as to grant of relief.
• 42-9-43.1. Citizenship status of prisoner; deportation.
• 42-9-44. Terms and conditions of parole; adoption of general and special rules; violation of parole; certain parolees or releasees to obtain high school diploma or general educational development (GED) diploma.
• 42-9-44.1 and 42-9-44.2. [Repealed].
• 42-9-44.3. Definitions; required community service; liability; work during periods of natural disaster.
• 42-9-45. General rule-making power.
• 42-9-46. Cases in which inmate has failed to serve time required for automatic initial consideration; objections.
• 42-9-47. Notification of decision to parole inmate.
• 42-9-48. Arrest of parolee or conditional release violator.
• 42-9-49. Reimbursement of counties for incarceration of persons arrested in accordance with Code Section 42-9-48.
• 42-9-50. Preliminary hearing for parole or conditional release violator; ratification or overruling of decision of hearing officer by board; disposition of violator.
• 42-9-51. Final hearing for parole or conditional release violator; order and statement as to disposition of violator; revocations without hearing and temporary revocations.
• 42-9-52. Discharge from parole; earned-time allowance; granting of pardons, commutations, and remissions of fines, forfeitures, or penalties.
• 42-9-53. Preservation of documents; classification of information and documents; divulgence of confidential state secrets; conduct of hearings.
• 42-9-54. Effect of pardons upon civil and political disabilities; conditional pardons prohibited.
• 42-9-55. Cooperation by jails or correctional institutions with board.
• 42-9-56. Restriction on Governor's powers.
• 42-9-57. Effect of chapter on probation power of courts; cooperation by board with the department.
• 42-9-58. Effect of chapter on other laws respecting parole and probation.
• 42-9-59. Effect of chapter on previously granted pardons, paroles, and probations.
• 42-9-60. Overcrowding of prison system as creating state of emergency; paroling inmates to reduce prison system population to capacity; annual report of inmates paroled.
• 42-9-61. Request for report; disclosure's impact on confidentiality.

Article 3 Uniform Act for Out-of-State Parolee Supervision.

• 42-9-70, 42-9-71. [Repealed].

Article 4 Interstate Compact for Adult Offender Supervision.

• 42-9-80. Short title.
• 42-9-81. Execution of compact.
• 42-9-82. Powers of Governor with respect to compact.

Article 5 Fees.

• 42-9-90. Application fee required for transfer consideration.

"ARTICLE I. PURPOSE.

ARTICLE II. DEFINITIONS.

ARTICLE III. THE COMPACT COMMISSION.

ARTICLE IV. THE STATE COUNCIL.

ARTICLE V. POWERS AND DUTIES OF THE

INTERSTATE COMMISSION. The Interstate Commission shall have the following powers:

ARTICLE VI. ORGANIZATION AND OPERATION OF

THE INTERSTATE COMMISSION. Section A. By-laws

ARTICLE VII. ACTIVITIES OF THE INTERSTATE COMMISSION.

ARTICLE VIII. RULEMAKING FUNCTIONS OF THE

INTERSTATE COMMISSION. The Interstate Commission shall promulgate Rules in order to effectively and efficiently achieve the purposes of the Compact including transition rules governing administration of the compact during the period in which it is being considered and enacted by the states.

ARTICLE IX. OVERSIGHT, ENFORCEMENT, AND

DISPUTE RESOLUTION BY THE INTERSTATE COMMISSION. Section A. Oversight

ARTICLE X. FINANCE.

ARTICLE XI. COMPACTING STATES, EFFECTIVE

DATE AND AMENDMENT. Any state, as defined in Article II of this compact, is eligible to become a Compacting State.

ARTICLE XII. WITHDRAWAL, DEFAULT, TERMINATION,

AND JUDICIAL ENFORCEMENT Section A. Withdrawal

ARTICLE XIII. SEVERABILITY AND CONSTRUCTION.

ARTICLE XIV. BINDING EFFECT OF COMPACT AND OTHER LAWS.

Chapter 10. Correctional Industries, 42-10-1 through 42-10-5.

• 42-10-1. Short title.
• 42-10-2. Correctional Industries Administration created; corporate powers generally.
• 42-10-3. Board of Corrections as ex officio Correctional Industries Administration; commissioner as executive officer; powers generally.
• 42-10-4. Powers of administration.
• 42-10-5. Responsibility for custodial care of inmates utilized by administration.

Chapter 11. Interstate Corrections Compact, 42-11-1 through 42-11-3.

• 42-11-1. Short title.
• 42-11-2. Enactment and text of compact.
• 42-11-3. Powers and duties of Department of Corrections to carry out compact.

INTERSTATE CORRECTIONS COMPACT ARTICLE I. PURPOSE AND POLICY.

Chapter 12. Prison Litigation Reform, 42-12-1 through 42-12-9.

• 42-12-1. Short title.
• 42-12-2. Legislative findings and determinations.
• 42-12-3. Definitions.
• 42-12-4. Payment from prisoner's inmate account for costs and fees of action commenced by prisoner.
• 42-12-5. In forma pauperis procedure; contents and service of affidavit; judicial determinations.
• 42-12-6. Determination as to whether prisoner's action frivolous.
• 42-12-7. Deductions from prisoner's accounts; payment of costs and fees as condition of parole.
• 42-12-7.1. Payment of fees from prisoner's inmate account upon filing of habeas corpus petition.
• 42-12-7.2. Number of forma pauperis actions limited.
• 42-12-8. Appeals.
• 42-12-9. Records of prisoner actions.

Chapter 13. International Transfer of Prisoners, 42-13-1 through 42-13-2.

• 42-13-1. Short title.
• 42-13-2. Compliance with treaty by Governor or designee.