2021 Georgia Code
Title 42 - Penal Institutions
Chapter 10 - Correctional Industries
§ 42-10-4. Powers of Administration

Universal Citation: GA Code § 42-10-4 (2021)

The administration shall have, in addition to any other powers conferred by this chapter, the following powers:

  1. To have a seal and alter the same at pleasure;
  2. To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of, in any manner, real and personal property of every kind and character for its corporate purposes;
  3. To appoint, upon the recommendations of its chief executive officer, such additional officers, agents, and employees as may, in its judgment, be necessary to carry on the business of the administration; to fix the compensation for such officers and employees; and to promote and discharge the same. However, all legal services for the administration shall be rendered by the Attorney General and his staff and no fee shall be paid to any attorney or law firm for legal services. The administration shall be authorized to pay such fees, stamps, and licenses and any court costs that may be incurred by virtue of the powers granted in this Code section;
  4. To have the same powers and authority possessed by the Department of Corrections in connection with the manufacture and sale of products and provision of services;
  5. To utilize any and all inmates who may be made available for its corporate purposes by the Department of Corrections. The administration shall not be required to make any payment to the Department of Corrections for the use of such labor and shall not compensate inmates employed in any industry or performing services at any correctional institution, except as otherwise provided by Article 6 of Chapter 5 of this title;
  6. To retain its earnings for expenditure upon any lawful purpose of the administration;

    (6.1) To conduct vocational training of inmates without regard to their industrial or other assignment;

    (6.2) To construct, erect, install, equip, repair, replace, maintain, and operate facilities of every character, consistent with its purposes; provided, however, that the Department of Corrections may not contract with the administration to transfer to it any capital outlay appropriations unless the appropriation was by line item expressly designating such a purpose; provided, further, the warehouse, the construction of which commenced in DeKalb County in 1988 by the administration, and all other facilities of the administration presently completed are ratified and approved;

  7. To turn any surplus over to the state treasury in the event that the administration shall accumulate a surplus in excess of the amount necessary for the efficient operation of the programs authorized by this chapter, except that an amount not to exceed 20 percent of that part of such surplus earnings as may be attributable to the production or services effort of any given production or other facility operated by or under the jurisdiction or supervision of the administration shall be creditable to the operating budget of the state operated penal institution upon which the production facility or services activity was based;
  8. To borrow money and to pledge any or all property owned by the administration as security therefor;
  9. To receive from any source, including, but not limited to, the state, municipalities and political subdivisions of the state, and the federal government, gifts and grants for its corporate purposes;
  10. To hold, use, administer, and expend such sum or sums as may be appropriated by authority of the General Assembly or the Office of Planning and Budget for any of the purposes of the administration;
  11. To provide training facilities for the prerelease rehabilitation and education of inmates confined in the state penal system;
  12. To contract with any department, agency, or instrumentality of the state and any political subdivision thereof for the furnishing of any service which the Department of Corrections may provide; and
  13. As provided for in Article 6 of Chapter 5 of Title 42 and as directed by the rules and regulations promulgated by the board, to administer and manage volunteer inmate work programs and to publicize and invite employers to participate in such programs.

(Ga. L. 1960, p. 880, § 4; Ga. L. 1968, p. 1011, § 1; Ga. L. 1973, p. 1300, § 1; Ga. L. 1975, p. 1163, § 1; Ga. L. 1983, p. 1795, § 1; Ga. L. 1985, p. 283, § 1; Ga. L. 1989, p. 415, § 2; Ga. L. 1991, p. 94, § 42; Ga. L. 2005, p. 1222, § 5/HB 58; Ga. L. 2007, p. 224, § 6/HB 313.)

Cross references.

- Restriction on sale of goods manufactured by inmates of state or county correctional institutions, § 42-5-60.

Editor's notes.

- Ga. L. 2005, p. 1222, § 1/HB 58, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Working Against Recidivism Act.'"

Ga. L. 2005, p. 1222, § 2/HB 58, not codified by the General Assembly, provides that: "The General Assembly finds and declares that:

"(1) Many persons sentenced to confinement for criminal offenses commit additional criminal offenses after release from confinement, and such recidivism is a serious danger to public safety and a major source of expense to the state;

"(2) Under the appropriate conditions and limitations, work programs of voluntary labor by inmates of state and county correctional institutions for privately owned profit-making employers to produce goods, services, or goods and services for sale to public or private purchasers provide substantial public benefits by:

"(A) Providing job experience and skills to participating inmates;

"(B) Allowing participating inmates to accumulate savings available for their use when released from the correctional institution;

"(C) Lowering recidivism rates;

"(D) Generating taxes from inmate income;

"(E) Reducing the cost of incarceration by enabling participating inmates to pay room and board; and

"(F) Providing participating inmates income to pay fines, restitution, and family support;

"(3) Appropriate conditions and limitations for voluntary labor by inmates for such work programs include but are not limited to:

"(A) Assurance that inmates' work is voluntary;

"(B) Payment of inmates at wages at a rate not less than that paid for work of a similar nature in the locality in which the work is to be performed;

"(C) Provision of federal and state governmental benefits to participating inmates comparable to governmental benefits provided for similarly situated private sector workers;

"(D) Selection of participating inmates with careful attention to security issues;

"(E) Appropriate supervision of inmates during travel or employment outside the correctional institution;

"(F) Assurance that inmate labor will not result in the displacement of employed workers; be applied in skills, crafts, or trades in which there is a surplus of available gainful labor in the locality; or impair existing contracts for services;

"(G) Consultations with local private employers that may be economically impacted; and

"(H) Consultations with local labor union organizations and other local employee groups, especially those who have an interest in the trade or skill to be performed by the inmates; and

"(4) Requirements for the federal Prison Industry Enhancement Certification Program authorized by 18 U.S.C. Section 1761 and federal regulations are sufficient to ensure appropriate conditions and limitations in many areas of concern for programs of voluntary labor by inmates for privately owned profit-making employers to produce goods, services, or goods and services for sale to public and private purchasers."

OPINIONS OF THE ATTORNEY GENERAL

Service-type industrial programs not permitted.

- Georgia Prison Industries Administration (now Georgia Correctional Industries Administration) may not develop service-type industrial program such as furniture refinishing. 1970 Op. Att'y Gen. No. 70-156.

Incentive pay plan for prisoners not authorized.

- Board of Offender Rehabilitation (Corrections) is not authorized to institute an incentive pay plan for prisoners used in industries in connection with Ga. L. 1960, p. 880, § 1 et seq. (see now O.C.G.A. § 42-10-1 et seq.) 1965-66 Op. Att'y Gen. No. 66-89.

Hospital authorities may purchase goods manufactured by the Correctional Industries Administration. 1970 Op. Att'y Gen. No. 70-88.

Sales commissions.

- Salesman who is employed to dispose of products made in this state's prisons may be paid by the corporation on a commission basis. 1967 Op. Att'y Gen. No. 67-232.

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