2021 Georgia Code
Title 9 - Civil Practice
Chapter 14 - Habeas Corpus
Article 2 - Procedure for Persons Under Sentence of State Court of Record
§ 9-14-46. Custody and Production of Petitioner

Universal Citation: GA Code § 9-14-46 (2021)

Custody and control of the petitioner shall be retained by the Department of Corrections or other authority having custody of the petitioner. It shall be the duty of the department or authority to produce the petitioner at such times and places as the court may direct.

(Code 1933, § 50-127, enacted by Ga. L. 1967, p. 835, § 3; Ga. L. 1985, p. 283, § 1.)


Transfer of applicant from one institution to another.

- Applicant for habeas corpus relief may be transferred from one institution to another, so long as the Board of Corrections (now Department of Offender Rehabilitation) retains the applicant's custody and the applicant is produced at such times and places as the habeas court may direct, subject to the sole restriction that an applicant for habeas corpus relief becomes ineligible during the pendency of the applicant's application for transfer to a county work camp or other institution or form of restraint not maintained by the Board of Corrections (now Department of Offender Rehabilitation). 1971 Op. Att'y Gen. No. 71-160.


Am. Jur. 2d.

- 39 Am. Jur. 2d, Habeas Corpus and Postconviction Remedies, §§ 106, 159, 160.

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