2020 Georgia Code
Title 42 - Penal Institutions
Chapter 5 - Correctional Institutions of State and Counties
Article 2 - Wardens, Superintendents, and Other Personnel
§ 42-5-30. Qualifications for Wardens, Superintendents, and Other Personnel; Appointment of Wardens of County Correctional Institutions
The board shall by rule and regulation define the qualifications for wardens, superintendents, and other personnel employed in the state and county correctional institutions. The board shall by rule and regulation specify appropriate titles of personnel so employed, but no such personnel shall be known as or designated by the board as "guards" or "prison guards." The wardens and deputy wardens of the various county correctional institutions shall be appointed by the governing authority of the county, subject to approval of the board, and shall serve at the pleasure of the county or the board.
(Ga. L. 1956, p. 161, § 18; Ga. L. 1984, p. 639, § 1; Ga. L. 1993, p. 417, § 1.)
OPINIONS OF THE ATTORNEY GENERAL
Ga. L. 1956, p. 161, § 18 (see now O.C.G.A. § 42-5-30) provides for two types of wardens: those at "state-operated institutions" under Ga. L. 1956, p. 161, § 10 (see now O.C.G.A. § 42-2-9) and those "appointed by the governing authority of the county," under Ga. L. 1956, p. 161, § 18; a person cannot be a warden within the state penal system unless the warden is an employee either of the state or a county authorized to maintain a county correctional institution under the supervision of the Board of Corrections. 1973 Op. Att'y Gen. No. 73-72.
Authority to issue rules establishing qualifications for wardens.- Board of Offender Rehabilitation (Corrections) has the authority to issue rules establishing the practical experience and educational background necessary for the position of warden of a county correctional institution. 1973 Op. Att'y Gen. No. 73-41.
It is within the ambit of the board to decide what is "experience" and when it is "equivalent" for purposes of satisfying educational requirements and the board may use the board's power to remove wardens and prisoners to ensure that county wardens do in fact possess the requisite qualifications. 1973 Op. Att'y Gen. No. 73-41.
Recourse when county institutions fail to hire qualified wardens.- If a county correctional institution fails to employ a warden duly qualified according to the requirements set forth by the board, the board may remove all the prisoners from that institution. 1973 Op. Att'y Gen. No. 73-41.
Eighteen-year-olds may legally be hired for correctional officers. 1974 Op. Att'y Gen. No. 74-138.
RESEARCH REFERENCES
Am. Jur. 2d.
- 63A Am. Jur. 2d, Public Officers and Employees, § 162.
C.J.S.- 72 C.J.S., Prisons and Rights of Prisoners, §§ 13, 115.
