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2020 Georgia Code
Title 42 - Penal Institutions
Chapter 5 - Correctional Institutions of State and Counties
Article 1 - General Provisions
§ 42-5-12. Receipt of Remuneration by State Officials in Regard to Assignment, Transfer, or Status of Inmate
Universal Citation: GA Code § 42-5-12 (2020)
- It shall be unlawful for members of the General Assembly or any other state elected or appointed official to accept a fee, money, or other remuneration for contacting, in any manner, the commissioner, any employee of the department, or any member of the board in an attempt to influence the commissioner, employee, or board member concerning a transfer of an inmate from one correctional institution to another or concerning the status and assignment of an inmate within a correctional institution.
- Nothing in this Code section shall be construed so as to prohibit:
- Members of the General Assembly or other state elected or appointed officials from appearing before or contacting the commissioner, employees of the department, or members of the board when their official duties require them to do so;
- Members of the General Assembly or other state elected or appointed officials from requesting information from and presenting information to the commissioner, employees of the department, or members of the board on behalf of constituents when no compensation, gift, favor, or anything of value is accepted, either directly or indirectly, for such services; or
- Members of the General Assembly or other state elected or appointed officials from contacting the commissioner, any employee of the department, or any member of the board on behalf of any person so long as there is no fee, money, or other remuneration being paid or received for such contacting.
- Nothing in this Code section shall be construed to apply to the acceptance of compensation, expenses, and allowances received by members of the General Assembly or any other state elected or appointed official for his duties as a member or official.
- Nothing contained in this Code section shall preclude any attorney from contacting a client who may be in a correctional institution or from making any reasonable contact with employees of the department to the extent that the contact with employees may be necessary to contact his client.
- Any person violating this Code section shall be guilty of a misdemeanor.
(Ga. L. 1975, p. 1218, § 3.)
OPINIONS OF THE ATTORNEY GENERAL
Inspection of correspondence between inmate and attorney.
- Prison officials may inspect correspondence between attorneys and the attorney's clients; in addition to the prisoner's general correspondence, reasonable censorship of attorney correspondence may be imposed. 1967 Op. Att'y Gen. No. 67-314.
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