2022 Georgia Code
Title 42 - Penal Institutions
Chapter 5 - Correctional Institutions of State and Counties
Article 2 - Wardens, Superintendents, and Other Personnel
§ 42-5-36. Confidentiality of Certain Information Related to Inmates; Certain Information Classified as State Secrets; Declassification; Exception; Records Custodians; Penalties for Breach

1. Officials and employees of the department shall respect the confidential nature of information supplied by inmates who cooperate in remedying abuses and wrongdoing in the penal system. Any official or employee who breaks such a confidence and thereby subjects a cooperating inmate to physical jeopardy or harassment shall be subject to suspension or discharge.
2. Investigation reports and intelligence data prepared by the Internal Investigations Unit of the department shall be classified as confidential state secrets and privileged under law, unless declassified in writing by the commissioner.
3. 1. As used in this subsection, the term:
      1. “Dangerous sexual offense” shall have the same meaning as set forth in Code Section 42-1-12.
      2. “Serious offense” shall have the same meaning as set forth in Code Section 42-9-42.
      3. “Serious violent felony” shall have the same meaning as set forth in Code Section 17-10-6.1.
   2. All institutional inmate files and central office inmate files of the department shall be classified as confidential state secrets and privileged under law, unless declassified in writing by the commissioner; provided, however, that:
      1. 1. Except for medical records, this subsection shall not apply to information requested by the district attorney of the circuit in which the inmate was sentenced for a serious violent felony or sentenced for a dangerous sexual offense against a person less than 18 years of age for purposes of such district attorney submitting information or filing a written objection under Code Section 42-9-43;
         2. The commissioner shall furnish the records provided for under division (i) of this subparagraph that were created on and after January 31, 2010, upon receipt of the request for such records from the district attorney, and such request shall state that the records are sought for purposes of submitting information or filing a written objection under Code Section 42-9-43; and
         3. Any record provided for under this subparagraph shall be held in confidence by the district attorney and shall not be subject to disclosure under Article 4 of Chapter 18 of Title 50 and shall be subject to the provisions of subsection (f) of this Code section.
      2. These records shall be subject to subpoena by a court of competent jurisdiction of this state; and
      3. The commissioner shall prepare a report of the conduct of record of any inmate serving a sentence for a serious violent felony. When the report includes conduct which would constitute a serious offense, reasonably related information connected to such offense shall be included in the report. Such report shall be subject to disclosure under paragraph (2) of subsection (a) of Code Section 42-9-43.
4. 1. As used in this subsection, the term “identifying information” means any records or information that reveals a name, residential or business address, residential or business telephone number, day and month of birth, social security number, or professional qualifications.
   2. The identifying information of any person or entity who participates in or administers the execution of a death sentence and the identifying information of any person or entity that manufactures, supplies, compounds, or prescribes the drugs, medical supplies, or medical equipment utilized in the execution of a death sentence shall be confidential and shall not be subject to disclosure under Article 4 of Chapter 18 of Title 50 or under judicial process. Such information shall be classified as a confidential state secret.
5. The commissioner shall designate members of the department to be the official custodians of the records of the department. The custodians may certify copies or compilations, including extracts thereof, of the records of the department. Subject to the provisions of this Code section, in response to a subpoena or upon the request of any appropriate government or judicial official, the department may provide a duly authenticated copy of any record or other document. This authenticated copy may consist of a photocopy or computer printout of the requested document certified by the commissioner or his or her duly authorized representative.
6. No person shall divulge or cause to be divulged in any manner any confidential state secret. Any person violating this Code section or any person who causes or procures a violation of this Code section or conspires to violate this Code section shall, upon conviction, be guilty of a misdemeanor.

History. Ga. L. 1968, p. 1399, § 5; Ga. L. 1983, p. 680, § 1; Ga. L. 1984, p. 22, § 42; Ga. L. 1984, p. 1361, § 1; Ga. L. 1985, p. 149, § 42; Ga. L. 1985, p. 283, § 1; Ga. L. 1997, p. 851, § 1; Ga. L. 2013, p. 1056, § 1A/HB 122; Ga. L. 2017, p. 585, § 2-4/SB 174; Ga. L. 2021, p. 91, § 1/HB 168.

The 2013 amendment, effective July 1, 2013, added subsection (d); and redesignated former subsection (d) as present subsection (e).

The 2017 amendment, effective July 1, 2017, substituted the present provisions of subsection (c) for the former provisions, which read: “(c) All institutional inmate files and central office inmate files of the department shall be classified as confidential state secrets and privileged under law, unless declassified in writing by the commissioner; provided, however, these records shall be subject to subpoena by a court of competent jurisdiction of this state.”

The 2021 amendment, effective July 1, 2021, in subsection (c), added subparagraph (c)(1)(A), redesignated former subparagraphs (c)(1)(A) and (c)(1)(B) as present subparagraphs (c)(1)(B) and (c)(1)(C), respectively, substituted the present provisions of paragraph (c)(2) for the former provisions, which read: “All institutional inmate files and central office inmate files of the department shall be classified as confidential state secrets and privileged under law, unless declassified in writing by the commissioner; provided, however, that these records shall be subject to subpoena by a court of competent jurisdiction of this state and provided, further, that the commissioner shall prepare a report of the conduct of record of any inmate serving a sentence for a serious violent felony. When the report includes conduct which would constitute a serious offense, reasonably related information connected to such offense shall be included in the report. Such report shall be subject to disclosure under paragraph (2) of subsection (a) of Code Section 42-9-43.”; and added subsection (f).

Cross references.

Privileged communications generally, § 24-5-501 et seq.

Inspection of public records generally, § 50-18-70 et seq.

Law reviews.

For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 230 (1997).

For article, “Death Penalty,” see 66 Mercer L. Rev. 51 (2014).

For article on the 2017 amendment of this Code section, see 34 Ga. St. U. L. Rev. 115 (2017).