2021 Georgia Code
Title 42 - Penal Institutions
Chapter 5 - Correctional Institutions of State and Counties
Article 2 - Wardens, Superintendents, and Other Personnel
§ 42-5-32. Bonds of Superintendents, Wardens, and Other Officials and Employees

Universal Citation: GA Code § 42-5-32 (2021)
  1. Before any state or county correctional institution or other facility operating under the jurisdiction of the board shall be approved to receive inmates, the board shall require the warden, superintendent, or other chief custodial officer of the institution to execute a bond, in an amount as the board may require, with good securities to be approved by it, such bond to be not less than $10,000.00, payable to the Governor and his successors in office and conditioned upon the following:
    1. To account faithfully for all public and other funds or property coming into the principal's custody, control, care, or possession; and
    2. To discharge truly and faithfully all the duties imposed upon him by law or by the rules and regulations of the board.
  2. The board may also require that any other officials, employees, or agents of the department or of the various penal institutions referred to in subsection (a) of this Code section shall give bond as referred to in subsection (a) of this Code section, in an amount to be determined by the board, but in no case to be less than $5,000.00.
  3. All bonds given under this Code section shall be liable for any breach of the conditions specified in paragraphs (1) and (2) of subsection (a) of this Code section by a deputy, agent, or subordinate of the principal, whether expressed therein or not; and all such bonds shall be subject to and governed by all the provisions of Chapter 4 of Title 45 which are not in conflict with this Code section. The costs of bonds obtained for wardens and other officials or employees of the county correctional institutions shall be paid for by the county. The costs of bonds obtained for superintendents and other officials or employees of the state correctional institutions and of the department shall be paid for by the state.

(Penal Code 1910, § 1197; Code 1933, § 77-311; Ga. L. 1956, p. 161, § 20; Ga. L. 1957, p. 477, § 5.)

Cross references.

- Official bonds generally, T. 45, C. 4.

JUDICIAL DECISIONS

Cited in Irwin v. Arrendale, 117 Ga. App. 1, 159 S.E.2d 719 (1967); Fidelity-Phenix Ins. Co. v. Mauldin, 118 Ga. App. 401, 163 S.E.2d 834 (1968); Price v. Arrendale, 119 Ga. App. 589, 168 S.E.2d 193 (1969).

RESEARCH REFERENCES

Am. Jur. 2d.

- 63A Am. Jur. 2d, Public Officers and Employees, § 487 et seq.

ALR.

- Leave of court as prerequisite to action on statutory bond, 2 A.L.R. 563.

Personal liability of policeman, sheriff, or similar peace officer on his bond, for injury suffered as a result of failure to enforce law or arrest lawbreaker, 41 A.L.R.3d 700.

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