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Rules and Regulations of the State of Georgia
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Subject 125-2-1 PERSONNEL

Rule 125-2-1-.01 Responsibility

Efficient and effective direction and management of assigned human resources shall be the direct responsibility of Wardens/Superintendents and supervisory personnel at each level. Achievement of assigned objectives within the framework of the law and pertinent directives shall be the criteria by which accomplishment is evaluated.

(a) Each Manager, Warden/Superintendent or supervisor, at whatever level, shall account for the achievement of all assigned functions at his (her) and related subordinate levels. Certain authority may be delegated, however, assigned responsibility is not delegated.
(b) Personal honesty and integrity shall be required of all employees.
(c) Assigned duties and/or functions shall be performed promptly and in accordance with methods and limitations prescribed in the law and current directives consistent with allocated resources.
(d) All personnel shall be required to adhere to applicable rules, regulations, policies, procedures and directives published by the Department of Corrections and local implementing procedures promulgated in consonance therewith.
(e) No employee shall be permitted to enter on or remain on duty if under the influence of alcohol, drugs, or any other judgment distorting element.
(f) Any employee who is contacted with an attempt to exert influence concerning a transfer of an inmate from one correctional institution to another, or the status and assignment of an inmate within a correctional institution must document and report such a contact immediately. Documentation must include the name and address of the person contacting the employee, and the reason for the contact. Contacts which deal with the transfer of an inmate from one institution to another are referred to Offender Administration. Contacts which deal with the status or assignment of an inmate within an institution are referred to the Warden in the respective institution.
(g) The Commissioner is empowered to authorize the development and admInIstration of a drug screening program to test, for the purpose of detecting illegal drugs, any applicant for employment with the Georgia Department of Corrections; and to randomly or otherwise test current employees.

Rule 125-2-1-.02 Employment

Except for those positions exempted in accordance with law, applicants for employment with the Department of Corrections shall be required to meet the current criteria for the particular position as established under the provisions of the State Personnel Administration.

(a) No applicant who has been convicted by any state or by federal government, of any crime, the punishment for which could have been imprisonment in a federal or state prison or institution or who has been convicted of sufficient misdemeanors to establish a pattern of disregard for the law is eligible for employment in a position that would required police powers; provided this subparagraph (a) shall not apply to violation of traffic laws and cases involving the operation of motor vehicles when the applicant has received a pardon.
(b) Applicants previously convicted of a misdemeanor who are former inmates, parolees, former parolees, probationers or former probationers being considered for employment by an institution under the jurisdiction of the State Board of Corrections must first be individually approved by the Commissioner of the Department of Corrections.
(c) Applicants previously convicted of a felony being considered for employment by the Department of Corrections under the jurisdiction of the State Board of Corrections must first be individually approved by the Commissioner of the Department of Corrections and then submitted to the State Board of Corrections for their review and approval.
(d) All state employees and all County Wardens, Deputy Wardens and Superintendents shall be subject to a security investigation which will, as a minimum, include a fingerprint check with state and federal agencies and verification of personal data and claimed education and employment experience. Falsification or withholding of pertinent data shall be considered cause for denial of employment or dismissal and may result in prosecution.
1. No county governing authority shall hire, in an acting capacity, for the positions of County Wardens, Deputy Wardens and Superintendents without first performing a criminal background check and credit check on the applicant. These checks will be performed by the Georgia Department of Corrections if so requested by the county governing authority. The reports shall be submitted to the Board of Corrections for review and approval prior to extending any applicant an offer of employment in an acting capacity.
(e) All County Wardens/Superintendents and Business/Records Managers must have diplomas attesting to their having been graduated from a recognized high school or possess a General Education Development (GED) certificate testifying to their having achieved high school graduation equivalency.
1. Subject to the provisions in (d)1. above, employees selected by a county governing authority to act as warden or deputy warden in a county correctional institution can only be in an acting capacity for a period not to exceed 4 calendar months from the date hired in the acting capacity unless otherwise approved by the Board of Corrections.
(f) Appointments to the positions of Warden/Superintendents and Deputy Wardens/Superintendents of State Prisons/Centers shall require the approval of the Commissioner of the Department of Corrections.
(g) The Warden/Superintendent and Deputy Warden of a County Institution shall be appointed by the County governing authority, subject to the approval of the State Board of Corrections and shall serve at the pleasure of the County governing authority, and the State Board of Corrections. The administration of county correctional institutions shall, at a minimum, include a Warden, Deputy Warden, and Business Manager. The following criteria for appointment shall apply:
1. At least thirty (30) days in advance of the appropriate meeting date for the State Board of Corrections, the County governing authority shall submit to the Commissioner of the Department of Corrections a request that a designated applicant be considered for approval as the County Warden/Superintendent and/or Deputy Warden.
2. The County governing authorities shall attach to their request a detailed resume and an executed APPLICANT fingerprint card concerning the applicant.
3. On completion of a security investigation, the Commissioner of the Department of Corrections will submit the application, the County recommendation, and his recommendation to the Board of Corrections for consideration at their next regular meeting.
4. The County Commissioners concerned and the applicant will be notified of the results of the Board action.
(h) Employees at State Prison/Center shall meet all State Personnel Administration requirements relative to the particular job to which appointed. Except for County Wardens/Superintendents as covered above, state employment criteria, although not mandatory, should be used as a guide in the hiring of County Correctional Institution employees.
(i) Each candidate for employment shall be required to undergo a medical (complete physical) examination and meet those minimum physical standards which are consistent with the requirements of the position sought.
(j) Candidates shall be selected and offered employment solely on the basis of their individual merit and capacity to perform the designated job in accordance with all state and federal laws concerning discrimination with regard to race, color, religion, national origin, sex, handicap or age, except where such affects their ability to perform assigned duties.

Rule 125-2-1-.03 Bonds

All Wardens of county correctional institutions will be bonded in the amount of $75,000.00, all deputy wardens in the amount of $50,000.00, and all persons acting as business managers in amount of $25,000.00.

Rule 125-2-1-.04 Identification

Each state employee of the Department of Corrections shall be issued and required to carry on his (her) person an identification card authorized by the Commissioner of Department of Corrections.

Rule 125-2-1-.05 Uniforms

Correctional officers and designated security personnel shall be provided uniforms and insignia as prescribed by the State Board of Corrections. Uniforms and accouterments shall be worn when and as prescribed in current Department of Corrections directives. Uniforms for officers in County correctional institutions will be those authorized by the local governing authority. All uniforms and accouterments shall be surrendered by department state employees.

Rule 125-2-1-.06 Training

(1) Employees of the Department of Corrections shall be required to participate in applicable training programs designed to foster and improve individual competence, increase operational effectiveness, and achieve established correction goals.
(a) Wardens/Superintendents and Deputy Wardens/Superintendents will be encouraged to participate in scheduled Department of Corrections training programs and/or other training courses designated by the Department of Corrections to improve their management and operational skills.
(b) All new Correctional Officers shall be required sixty (60) days following employment to enter the Basic Correctional Officer Training Course conducted by or under the auspices of the Department of Corrections.
(c) Other departmental personnel shall be required to complete applicable specialized training programs, such as Fire Safety, Food Service, Records Management, Counseling, etc., as scheduled and conducted by or under the auspices of the Department of Corrections.
(d) All state institutions that do not have a Tactical Squad shall maintain a Correctional Emergency Response Team. Correctional Emergency Response Teams members shall be required to successfully complete specialized riot and disturbance control training and periodic refresher training in these skills. Such training shall be approved and coordinated by the Department of Corrections Staff Training Section. Institutions having previously organized tactical squads will be exempt from this rule.
(e) Selected personnel shall be required to undergo specified training as designated by the Commissioner of the Department of Corrections from time to time.
(f) Employees shall be encouraged to broaden their understanding of existing and proposed offender rehabilitation programs and methods through use of the institutional library resources and other educational facilities.
(2) All employees of the Department of Corrections and employees of County Correctional Institutions who are authorized to exercise power of arrest shall successfully complete the program of required training mandated by the Georgia Peace Officer Standards and Training Council and any required annual in-service training. Any employee authorized to carry firearms shall re-qualify biennially with all types of firearms authorized and assigned. Only those employees who are authorized to carry a weapon will be required to complete such biennial re-qualification. Employees who may be required to use other control items such as tear gas, riot batons, and other control weapons, shall be appropriately familiarized with their use.
(a) Certification of Correctional Officers.
1. Within sixty (60) days of initial employment, a correctional officer must be entered in the Basic Correctional Officer Training Course.
2. The Basic Correctional Officer Training course shall, at a minimum, meet the requirements established by the Georgia Peace Officer Standards and Training Council and shall be conducted by the Georgia Corrections Academy.
3. The Director of the Training Academy or his successor shall submit verification to the Director of Personnel in the Department of Corrections that the state employee has met the training requirements mandated by the Georgia Peace Officer Standards and Training Act.
4. The Director of Training shall submit verification to the Warden of the respective county correctional institution that the county employee has met the training requirements mandated by the Georgia Peace Officer Standards and Training Act.
5. A correctional officer who fails to complete satisfactorily the basic training course shall be dismissed.
6. A correctional officer who has not successfully completed the basic training course shall not be assigned to any post involving direct contact with inmates, except to receive on-the-job training supervised by a trained employee. Neither shall a correctional officer who has not successfully completed the basic training course be assigned any duties which require the exercise of police officer power, including but not limited to exercising the power of arrest.
7. An employee who has not been certified by the Director of Training as having qualified with firearms shall not be issued a firearm or authorized to carry one by the Department.
8. Any applicant who has a domestic violence conviction may not be hired as a sworn officer requiring Peace Office Standards and Training (P.O.S.T.) certification. Any current P.O.S.T.-certified employee who is convicted of domestic violence may not possess any firearms or ammunition and may be subject to disciplinary action to include termination.
(b) Certification of Probation Officers.
1. Probation Officers must complete the Basic Probation Officer

Training course within (12) twelve months of date of hire.

2. The Basic Probation Officer Training course shall at a minimum, meet the requirements established by the Georgia Peace Officer Standards and Training Council and shall be conducted by the Georgia Corrections Academy.
3. The Director of Training shall submit verification to the Director of personnel in the Department of Corrections that the state employee has met the training requirements mandated by the Georgia Peace Officer Standards and Training Act.
4. An employee who has not successfully completed the basic training course shall not be assigned any duties which require the exercise of police officer powers, including but not limited to exercising the power of arrest.
5. A probation officer must successfully complete the Department firearms training course and have authorization in writing from the Division Director prior to carrying a weapon in the performance of duties.
6. A list of probation officers and surveillance officers certified to carry firearms shall be maintained and provided to the Georgia Peace Officer Standards and Training Council. (3) Department personnel who instruct in courses mandated by the Georgia Peace Officer Standards and Training Council shall be certified by the Council. Department personnel who instruct in courses conducted by the Department of Corrections on a regular basis shall be certified as having successfully completed a department approved instructor training program.

Rule 125-2-1-.07 Performance of Duty

Managers shall identify to each employee or each category of employees the minimum acceptable standards of all such employees. Each employee shall be required to meet or exceed these standards. In addition to job performance, the following common standards shall be included for all personnel:

(a) Conduct and comportment shall be consistent at all times with that expected of law enforcement personnel.
(b) Custody of inmates and security of the institution shall be the principal responsibilities of all institutional personnel.
(c) All employees are specifically prohibited from giving, receiving, selling, buying, trading, bartering, or exchanging anything of value with any inmate. Any purchase of a bona fide inmate product, such as a hobby craft item, by an employee shall be consummated through the institutional Business Office. Supervisory personnel at all levels bear the responsibility for assuring compliance.
(d) Employees shall not, without the express written approval of the appropriate Division Director, maintain personal association with, engage in personal business or trade with, or engage in non job-related correspondence with, or correspond in behalf of or for, known inmates, active probationers, or parolees. A copy of the approved application shall be forwarded to the Department Personnel Officer and approval shall be made a part of the employee personnel file. Relatives of inmates shall follow this same procedure.
(e) It shall be unlawful for any person to obtain or procure for or give to an inmate a gun, pistol, or any other weapon, or intoxicating liquor or amphetamines, or biphetamines, or any other hallucinogenic drugs, or other drugs, regardless of the amount, or any other article or item, without the knowledge and consent of the Warden or his Deputy Warden in charge. Any person who knowingly violates the provisions of this Section shall be guilty of a felony and upon conviction thereof, shall be imprisoned for not less than one, not more then five (5) years.
(f) An employee must obtain written approval from the Commissioners, or his duly designated agent, before soliciting for or accepting contributions of equipment or of funds to be used in the enforcement of the laws or regulations of the State or any political subdivisions thereof.

Rule 125-2-1-.08 Personnel Actions

(1) Performance evaluations of all employees shall be prepared and submitted in accordance with Georgia Merit System requirements and established departmental policy and procedures.
(2) The Commissioner of Corrections shall have the authority to establish an employee awards program designed to recognize and reward commendable service rendered by employees who are under the jurisdiction of the Department of Corrections.
(3) All personnel shall be required to maintain the essential physical, mental and other capabilities to perform assigned functions satisfactorily. Any employee who does not maintain such capabilities shall be separated from active service. The Commissioner may require a determination of physical and/or mental competence to be made by examination and he may use departmental medical and/or other appropriate resources as available for this purpose.
(4) Except for County Wardens/Superintendents state employment criteria, although not mandatory, should be used as a guide in the retirement and separation of County Correctional Institution employees.
(5) The Department of Corrections shall establish and operate a formal grievance procedure through which all affected personnel may air their grievances with the assurance that such complaints will be brought to the attention of departmental officials for resolution.

Rule 125-2-1-.09 Police Officer Powers

(1) The Commissioner may confer all powers of a police officer of this State, including, but not limited to, the power to make summary arrests for violations of any of the criminal laws in this State and the power to carry weapons, upon persons in his employment and wardens of county correctional institutions as he deems necessary, provided that individuals so designated meet the requirements specified by all applicable laws.
(2) Arrests may be made incident to Departmental duties and under the following circumstances:
(a) Inmate, Probationer, or Parolee committing a felony not limited to commission of said crime on property under the jurisdiction of the Department.
(b) Department Personnel committing a misdemeanor or felony on premises which are under the jurisdiction of the Department.
(c) Civilian committing a misdemeanor or felony on premises under the jurisdiction of the Department.
(d) Inmate, Probationer, Parolee, Department Personnel, or Civilian committing a crime outside the Department but involving an offender within the Department's jurisdiction, such as:
1. Aiding an escape;
2. Hindering apprehension of a fugitive;
3. Obstructing officer.
(e) Probationers committing offenses for which arrest is authorized under applicable laws.
(f) Emergency situations in which citizen's arrest by a police officer is permitted by law.
(3) Correctional Officers (Correctional Officers through Chief of Security, Transfer Officers, and Canine Handlers) are not authorized by Department regulations to carry weapons off-duty unless specifically and individually authorized in writing by their Warden/ Superintendent according to established procedure.
(4) The Department of Corrections is authorized to assist local and state law enforcement officers in the apprehension of persons convicted of or suspected of committing a crime by making canine handlers and canines trained in such apprehension available to such law enforcement officers.
(5) All statutes governing the authority, protection, and benefits of law enforcement officers apply to such personnel in this Department.
(6) In the event of the implementation of the Georgia Natural Disaster Operations Plan or the Georgia Nuclear Emergency Operations Plan by the Governor, those personnel having police officer powers are authorized to perform those law and order police functions assigned by these plans and detailed in Department of Corrections Standard Operating Procedures for these plans as now formulated or hereafter amended.
(7) Wardens and Superintendents shall have authority to deputize any person in their employ. Wardens, Superintendents and their Deputies are legally constituted arresting officers, with or without warrants, for the purpose of arresting persons violating O.C.G.A. Code Sections 42-5-14 through 42-5-18.
(8) The Commissioner of the Department of Corrections or his designee may authorize certain persons in his employment to assist law enforcement officers or correctional officers of local governments in preserving order and peace when so requested by such local authorities.

Rule 125-2-1-.10 Indemnification

Personnel in the Department of Corrections who are covered by the Indemnification Act are those (1) whose principal duties relate to the supervision and incarceration of persons accused or convicted of the violation of the criminal laws of Georgia; (2) who serve as firemen; (3) who serve as emergency medical technicians; (4) and/or any probation supervisor who is required to be certified under the Georgia Peace Officer Standards and Training Act.

Rule 125-2-1-.11 Reimbursement of Personnel for Loss

(1) The Department of Corrections will compensate an employee who is assaulted by an inmate or who is involved in the use of force on an inmate and receives damages to an item or items of wearing apparel as a result of the inmate's action. Such compensation shall be for the employee's loss in the amount of either the repair cost or the replacement value or the cost of the item and wearing apparel, whichever is less.
(2) Wearing apparel shall be defined as: clothing, functional watches, eyeglasses, hearing aids, and other prosthetic appliances. Items of jewelry are explicitly excluded.

Rule 125-2-1-.12 Administrative and Employee Housing

In recognition of the security, emergency, and continuous operational needs of the Department, and with particular recognition of the need for a capability of immediate reaction to emergency situations, the Georgia Board of Corrections makes available housing on the premises of various institutions and prisons for certain employees of the Department who are considered essential to the operation of the Department.

(a) Each warden/superintendent shall be required, as a condition of employment, to reside in housing on the prison grounds where such housing is available unless granted an exemption by the Commissioner.
1. In the event such housing is not be available, the Department shall lease adequate housing as close to the Warden's assigned prison as possible.
2. A warden may request an exemption from the condition of employment of having to reside in housing on the prison grounds. Such requests shall be in writing, shall state the reasons why the warden is seeking the exemption, and shall be forwarded to the Commissioner for review and possible approval. If the Commissioner concludes that there is adequate justification for the warden to reside elsewhere the Commissioner may grant the request. If the Commissioner grants a warden an exemption from the condition of employment of having to reside in housing on the prison grounds then the Commissioner shall require the deputy warden for security or the chief of security to reside in the housing on the prison grounds as a condition of employment for the deputy warden for security or the chief of security. Wardens who receive such an exemption shall be responsible for their own living expenses and shall not receive any financial assistance from the Department for their living arrangements.
3. The occupation of such housing by the warden, deputy warden for security, or the chief of security, shall be pursuant to rental agreements whereby it will be acknowledged by the warden, deputy warden for security, or the chief of security, that: the occupancy of administrative housing is a condition of employment and is not provided as an additional benefit for the performance of his job; the occupancy of the housing does not create an entitlement arising out of the employee's job; each employee shall agree to abide by the terms, conditions and provisions of the agreement as a condition of his employment; and will acknowledge that the agreement creates no estate or other interest in the real property occupied.
4. The Commissioner of the Department of Corrections or the Commissioner's designee shall be authorized to enter into and execute such agreements on behalf of the Department.
(b) The assignment of other employees to housing on the premises of various institutions and prisons shall be made by the warden/superintendent, with the approval of the Commissioner or the Commissioner's designee, on the basis of criteria approved by the Commissioner. Such criteria shall give priority to those employees designated by the warden/superintendent as first necessary, or desirable occupants capable of responding to emergency situations and then in accordance with other necessary operational needs of the prison.
1. The occupation of such housing shall be pursuant to rental agreements whereby it will be acknowledged by the employee that: the occupancy of the housing does not create an entitlement arising out of the employee's job; each employee shall agree to abide by the terms, conditions and provisions of the agreement including the timely payment of any monies due; and will acknowledge that the agreement creates no estate or other interest in the real property occupied.
2. The Commissioner of the Department of Corrections or the Commissioner's designee shall be authorized to enter into or execute such agreements on behalf of the Department.
(c) The Commissioner of the Department of Corrections shall establish rental and utility fees to be charged for employee housing. If the rental and utility fees to be charged for employee housing are set at less than fair market value the Department of Corrections shall make appropriate income tax payroll deductions for employees who reside in such housing.

Rule 125-2-1-.13 Employee Benefit Funds

Each prison, center, office, or unit operating under the jurisdiction of the Board of Corrections may establish and maintain an employee benefit fund. All employee benefit funds shall be established and maintained in accordance with standard operating procedures to be developed by the Commissioner and subject to annual audits by the Department's Fiscal Audit Section. All expenditures from an employee benefit fund must be used to purchase goods or services for the benefit of the employees of the prison, center, office, or unit that maintains the employee benefit fund from which expenditures are to be made.