2025 Code of Georgia
Title 42 - Penal Institutions (Chs. 1 — 13)
Chapter 6 - Detainers (Arts. 1 — 2)
Article 1 - General Provisions (§§ 42-6-1 — 42-6-6)
Annotations
JUDICIAL DECISIONS
Strict construction. —Detainer statutes are in derogation of the common law and must be strictly construed. Street v. State, 211 Ga. App. 230, 438 S. E.2d 693, 1993 Ga. App. LEXIS 1451 (1993).
Opinion Notes
OPINIONS OF THE ATTORNEY GENERAL Ga. L. 1968, p. 1110, § 1 is not an ex post facto or retroactive law.1969 Op. Att'y Gen. No. 69-95.
Primary purpose of Ga. L. 1968, p. 1110, § 1is to aid the prisoner in rendering the prisoner’s future more certain by allowing the prisoner to request the disposition of outstanding charges against the prisoner while the prisoner is confined; such a purpose is inconsistent with an authorization to the Board of Offender Rehabilitation (Corrections) to hold the prisoner after the prisoner’s sentence has expired. 1969 Op. Att'y Gen. No. 69-410.
Detaining prisoner after expiration of sentence. —It was not contemplated that the board should have the power to hold a prisoner after the expiration of the prisoner’s sentence. 1969 Op. Att'y Gen. No. 69-410.
Research References & Practice Aids
Hierarchy Notes:O. C. G. A. Title 42
O. C. G. A. Title 42, Ch. 6
- § 42-6-1. Definitions
- § 42-6-2. When detainers to be accepted and filed by department
- § 42-6-3. Time limit for trial; notice and request for final disposition; notification of inmate and interested parties; effect of escape by inmate
- § 42-6-4. Effect of failure to meet time limit for trial after delivery of inmate pursuant to Code Section 24-13-60
- § 42-6-5. Temporary custody of inmate requesting disposition of pending indictment or accusation
- § 42-6-6. Applicability of article to mentally ill persons