§ 42-11-2. Enactment and Text of Compact
The Interstate Corrections Compact is enacted into law and entered into by this state with any other states legally joining therein in the form substantially as follows: INTERSTATE CORRECTIONS COMPACT Article I. Purpose and Policy. The party States, desiring by common action to fully utilize and improve their institutional facilities and provide adequate programs for […]
§ 42-11-3. Powers and Duties of Department of Corrections to Carry Out Compact
The Department of Corrections is authorized to enter into contracts pursuant to the Interstate Corrections Compact and is directed to do all things necessary or incidental to the carrying out of this compact in every particular. History. Ga. L. 1972, p. 584, § 3; Ga. L. 1985, p. 283, § 1.
§ 42-12-1. Short Title
This chapter shall be known and may be cited as the “Prison Litigation Reform Act of 1996.” History. Code 1981, § 42-12-1 , enacted by Ga. L. 1996, p. 400, § 1. Law reviews. For review of 1996 prison litigation reform legislation, see 13 Ga. U. L. Rev. 280 (1996).
§ 42-12-2. Legislative Findings and Determinations
The General Assembly makes the following findings and determinations: The costs of litigation are rising dramatically. It is the responsibility of this body to seek out and adopt measures to rectify this situation. One source of the rise in litigation costs is frivolous prisoner lawsuits. Meritless lawsuits are being filed at an ever-increasing rate by […]
§ 42-12-3. Definitions
As used in this chapter, the term: “Action” means any civil lawsuit, action, or proceeding, including an appeal, filed by a prisoner but shall not include an appeal of a criminal proceeding; provided, however, that the provisions of Code Sections 42-12-4 through 42-12-7 shall not apply to petitions for writ of habeas corpus. “Court costs […]
§ 42-12-4. Payment From Prisoner’s Inmate Account for Costs and Fees of Action Commenced by Prisoner
The following provisions shall apply when an indigent prisoner commences an action: The indigent prisoner shall pay the current balance of funds in the prisoner’s inmate account; The clerk of court shall notify the superintendent of the institution in which the prisoner is incarcerated that an action has been filed. Notice to the superintendent shall […]
§ 42-12-5. In Forma Pauperis Procedure; Contents and Service of Affidavit; Judicial Determinations
A prisoner’s affidavit of in forma pauperis status shall contain each of the following: The prisoner’s identity, including any and all aliases, and the prisoner’s inmate number; The nature and amount of any income as well as the source of that income; Real and personal property owned by the prisoner; and Cash and checking accounts […]
§ 42-12-6. Determination as to Whether Prisoner’s Action Frivolous
Upon the dismissal of a prisoner action or upon the entry of judgment in favor of the responding party, the court shall make a finding as to whether the prisoner’s action was frivolous. The court may award reasonable costs and attorney’s fees to defendants or respondents if the court finds that: Any material allegation in […]
§ 42-12-7. Deductions From Prisoner’s Accounts; Payment of Costs and Fees as Condition of Parole
Fifty percent of the average monthly balance of the prisoner’s account for the preceding 12 months during which the prisoner’s account had a positive balance shall be deducted from the prisoner’s account and paid over to the clerk of court for each instance that a court finds that the prisoner has done any of the […]
§ 42-9-49. Reimbursement of Counties for Incarceration of Persons Arrested in Accordance With Code Section 42-9-48
After proper documentation is received from the county, the board shall reimburse the county, pursuant to rules and regulations adopted by the board and in the amount appropriated for this purpose by the General Assembly, for the cost of incarceration of any person who is arrested pursuant to any warrant issued in accordance with Code […]