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Subject 125-2-4 OFFENDER ADMINISTRATION

Rule 125-2-4-.01 Responsibility

Except for misdemeanor offenders sentenced to confinement in-court facilities under the provisions of O.C.G.A. 17-10-3 or 17-10-4, offenders will be committed to the custody of the Commissioner of Corrections by the Court and shall be further assigned to an appropriate institution for confinement. The correctional institution to which a prisoner is assigned for confinement shall pick up and transport such prisoner, under guard, to the institution unless other arrangements have been made with a county institution. The institution having physical custody of an inmate shall be responsible for maintaining medical or hospital care.

(a) Offenders sentenced to a penal facility under O.C.G.A. 17-7-131(a)as guilty but mentally ill shall be further evaluated and then treated within the limits of state funds appropriated therefor.
1. Treatment may be provided by:
(i) The Department of Corrections; or,
(ii) The Department of Human Resources after transfer pursuant to procedures set forth in regulations of this Department and the Department of Human Resources.
2. An offender who is found guilty but mentally ill at the time of a felony and is placed on probation under the "Statewide Probation Act" may be required by the Court to undergo available outpatient medical or psychiatric treatment or seek similar available voluntary inpatient treatment as a condition of probation. Persons required to receive such services may be charged fees.
3. Offenders who are found guilty but mentally ill and placed on probation but whose probation is subsequently revoked will retain their guilty but mentally ill status upon entering the Department of Corrections and will be processed in the same manner as guilty but mentally insane offenders who are initially sentenced to the Department of Corrections.
(b) The Department of Corrections will bear the costs of the trial involving an inmate of the State Prison System charged with the violation of any criminal statute committed by such inmate within the confines of the State Prison, or a branch of the State Prison System, or the crime of escape, or attempted escape.
(c) The County where the inmate is confined is responsible for payment of trail costs when the criminal act takes place in a county institution, or escape, or attempted escape, is from a county institution.

Rule 125-2-4-.02 Jurisdiction

When an offender has been convicted of a state misdemeanor or felony (except for misdemeanor offenders exempted under the provisions of O.C.G.A. 17-10-3 or 17-10-4), and a sentence of incarceration has been imposed on the offender to serve time in any penal institution in Georgia, the following procedures shall apply:

(a) The Clerk of the Court shall immediately notify the Commissioner, Department of Corrections, that the offender is to be committed to his custody.
(b) The Clerk of the Court shall promptly dispatch by mail a complete personal history of the offender prepared on the forms provided by the Commissioner, Department of Corrections. The following additional documents shall be included with the personal history:
1. a certified copy of the indictment, accusation or both;
2. a certified copy of the sentence;
3. affidavit of custodian reporting jail time and/or hospital confinement;
4. such other information as the Commissioner, Department of Corrections, may require, for example, immediate notification of an appeal.
(c) The County from which the commitment is made shall be responsible for paying the Clerk of the Court those fees prescribed by law for the execution of the required documentation.
(d) The Department of Corrections will provide reimbursement to counties for cost of maintaining felony prisoners in the county jails after conviction and sentencing and before such prisoners are transferred to a place of confinement as directed by the Commissioner, Department of Corrections.
1. In order for the individual to remain in, or to return to, the county of conviction to await the outcome of any appellate action, the attorney of record of the inmate must file a written request with the court setting forth that the presence of the convicted person is required within the county of conviction. A certified copy of the attorney's request and a copy of the order of the court in response to the attorney's request must be forwarded to the Department of Corrections before the convicted person will be permitted to remain in, or return to, the county jail.
2. In the event the individual remains in the county jail for motion for new trial or an appeal, he (she) will remain in the custody of the county jail or lockup until all appeals of the conviction have been disposed of or until the attorney of record for the convicted person shall file with the trial court an affidavit setting forth that the presence of the person is no longer required within the county of conviction. A certified copy of the attorney's affidavit will have to be received in the Department of Corrections from the Clerk of the Court before the Department of Corrections will resume custody of the individual or pay reimbursement.
3. Reimbursement days will only accrue fifteen days after proper documentation is received by the Department of Corrections from the Clerk of the Court. Proper documentation is set forth in subparagraph (b) of this rule.
4. The rate of reimbursement will be such as may be appropriated for this purpose by the General Assembly.
5. County Sheriffs will furnish such documentation for reimbursement as required by the Commissioner, Department of Corrections.
6. Submission of billing for payments will occur as stipulated by the Department of Corrections.
7. These provisions shall not apply to those prisoners under death sentence.
8. These provisions shall not apply to prisoners who were incarcerated by the Department of Corrections at the time they were returned to the county jail for trial or for any other purpose.
(e) Transportation to satisfy Court requirements associated with an inmate's appeal shall be the responsibility of the county concerned.

Rule 125-2-4-.03 Identification and Classification

(1) Identification. The Department of Corrections will furnish the institution to which an inmate is first assigned a copy of the personal history and pertinent court records concerning the inmate. Each inmate received into any institution direct from jail or who has not already been so processed, shall be fingerprinted and photographed by institutional authorities immediately following his arrival at the institution. Copies of the fingerprint record and photographs shall be distributed upon admission and upon release in accordance with current Department of Corrections instructions.
(2) Classification. The Warden/Superintendent shall appoint a classification committee which is to meet on a regularly scheduled basis. The Committee should consist of a Deputy Warden/Superintendent or senior counselor who shall act as Chairperson, at least one member of security staff, and at least one treatment staff member. The Classification Committee shall approve and/or modify all inmate performance plans and Performance Exception Reports, review security status as stipulated in Rule 125-3-1-.02 and make program assignments, work assignments, and re-assignments as appropriate. It shall also be the responsibility of the Classification Committee at each institution to develop and update the institutional privileges which may be awarded to inmates for excellent performance.

Rule 125-2-4-.04 Computation of Sentence

(1) The State Board of Corrections shall formulate rules and regulations providing for uniform and consistent sentence computation in accordance with the laws of the State of Georgia. Based upon present law, the determining factor in sentence computation is the date the crime was committed. If this date is before January 1, 1984, the sentence computation must include credit as allowed under previous legislation. If the crime was committed on or after January 1, 1984, service of sentence will be on straight time. Beginning and ending dates of sentences will basically be as determined by the courts.
(2) For the purpose of sentence computation, the following definitions apply:
(a) Sentence Type:
1. Earned Time: Gives credit to those offenders who are entitled to such allowances by legislation which existed prior to January 1, 1984.
2. Straight Time: All sentences except life and death for offenses committed on or after January 1, 1984.
3. Life.
4. Death.
(b) Non-running Type: Actions that could extend the sentence end date, such as escape, toll time, appeal bond time, and intervening federal sentence.
(c) Non-running Time: The amount of time expressed by indicating a begin date and end date that will be added to the sentence end date of the sentence(s) in effect (determined by the begin date and the action), and, therefore, adjust any subsequent sentence(s) (i.e. begin and end dates) in the sentence structure. The types of non-running time are defined under non-running type.
(d) Non-earning Type: Refers to the type of revocation in which non-earning time applies. The types are: parole revocation, probation- revoke balance, probation-revoke portion.
(e) Non-earning Time: The amount of time, expressed as a begin date and end date, that will be excluded from the calculation of computation in accordance with previous legislation.
(f) Controlling Sentence: The sentence with the latest sentence end date. In the event of multiple consecutive sentences, the controlling sentence chain refers to the series of sentences with the latest sentence end date.
(g) Date Crime Committed: The date of the crime as specified in the indictment documentation.
(h) Sentence Date: The date the court handed down the sentence.
(i) Sentence Begin Date: The effective start date of the sentence. This date will consider jail time served, if appropriate, or special sentencing instructions from the court.
(j) Sentence End Date: The effective termination date of the sentence. This date will reflect the results of adding maximum sentence length to the sentence begin date plus the effects of non-running time and earned time credits.
(k) Maximum Release Date: The date an inmate would be released from Department of Corrections custody if the entire sentence was served exclusive of parole decisions. No maximum release date exists for those inmates with life or death sentences.
(l) Tentative Parole Month: Planned date (year and month) the inmate would be placed on parole which is determined by the Parole Board. A tentative parole month is established for all inmates except those with life or death sentences and sentences of twelve months or less.
(m) Parole Consideration Date: This date will apply only to life sentences and parole revocations and would represent a date when the Parole Board would consider the inmate for parole.

Rule 125-2-4-.05 Records

In order that inmate records may be maintained in a uniform and effective manner, the following procedures shall be used:

(a) Each institution shall employ a full-time Business and/or Records Manager who shall be specifically charged with responsibility for the care and maintenance of inmate records. The Business/ Records Manager shall be a full-time employee and shall not be a Warden/Superintendent, Deputy Warden/Superintendent or any county official.
(b) Each institution shall maintain a case file on each inmate who is incarcerated at the institution. The inmate's case file shall contain all documents, orders and correspondence pertaining to the individual and any actions taken concerning him (her). Periodic case recordings reflecting an inmate's progress or lack of progress shall also be maintained in his (her) official records.
(c) Each institution shall maintain a secure records office where all inmate case files shall be stored in a fire protected environment. Inmate records shall not be maintained in the County Courthouse, the Warden/Superintendent's residence of similar inappropriate places.
(d) No inmate shall be permitted to have access to any inmate case file.
(e) Whenever an inmate is transferred from one institution to another, his (her) case file shall be transferred with him (her).

Rule 125-2-4-.06 Personal Property

When a new inmate is received into an institution direct from a jail or has not been fully processed previously, the following procedures concerning his (her) personal property shall apply:

(a) The new inmate shall surrender all of his (her) personal property including, but not limited to, clothing, money, jewelry, etc., to the Receiving Officer. The Receiving Officer shall inventory property in the presence of the inmate, prepare written inventory list, and both he and the inmate shall attest to the accuracy of the list by affixing their signature thereon. The original of the signed inventory list shall be maintained in the inmate's case file and a copy furnished the inmate concerned.
(b) The inmate shall be required to forward his (her) clothing and any other personal effects not authorized at the institution to a person designated by him (her) or donate such items to the state or county or to some recognized charitable organization. An inmate may not designate an employee of the Department of Corrections or an employee's immediate relative as a recipient of his personal effects.
(c) The inmate may request in writing that his (her) money be forwarded to a person designated by him (her). Any money retained shall be deposited in the inmate's account at the institution.
(d) All funds in inmate trust accounts which have remained unclaimed by the owner or designated guardian of the owner for more than five (5) years are presumed abandoned. In such cases the institution shall initiate the claims procedure as established by Departmental policy and procedure. The institution shall make documented efforts to locate the owner or designated guardian prior to initiating the claims procedures.
(e) Tangible personal property of inmates or other persons in the custody of Department of Corrections which has remained unclaimed for one year subsequent to parole, discharge, escape, or death shall be declared abandoned property and disposed of by public sale. The proceeds of such sale shall be deposited in the state treasury.

Rule 125-2-4-.07 Institutional Clothing

(1) When an inmate arrives at the institution of his (her) initial assignment direct from jail, or for other reasons has not been issued appropriate institutional clothing, the institution shall issue seasonally appropriate clothing.
(2) All inmates, except diagnostics in the diagnostic and classification programs shall receive adequate clothing as provided for in the Department's Procedures.
(3) Diagnostics in the diagnostic and classification programs shall be provided the minimum clothing required to assure maintenance of health and sanitation standards as required by the Department's Procedures.
(4) Each institution shall maintain an inventory of clothing adequate to assure a seasonally appropriate initial issue and provide replacement clothing as required by the Department's Procedures.

Rule 125-2-4-.08 Court Production

(1) Inmates may be required to appear in court for a variety of reasons. When required to appear in court, an inmate may be placed in the temporary custody of an appropriate United States Marshal, Deputy United States Marshal, Sheriff or Deputy Sheriff. However, the Warden/Superintendent of an institution under the jurisdiction of the State Board of Corrections shall not authorize nor permit the release of an inmate in his custody unless ordered to do so by the Commissioner of the Department of Corrections or his designated representative.
(2) When ordered by the Commissioner of the Department of Corrections, the Warden having custody of an inmate who has been ordered to appear by a court order directed to the State Board of Corrections, may place the inmate in the custody of the appropriate United States Marshal, Deputy Marshal, Sheriff or Deputy Sheriff under the following circumstances:
(a) Upon receipt of an "ex parte" order issued by the judge of any court of record of Georgia wherein such proceeding is pending, the Warden/Superintendent having custody of the designated inmate may, on the order of the Commissioner, release the inmate on the date stated, to the temporary custody of the Sheriff or Deputy Sheriff of the County in which the inmate is desired as a witness or defendant.
(b) Upon receipt of a "Writ Ad Testificandum" or "Writ Ad Prodequendum" issued by the judge of the Federal Court wherein such proceeding is pending, the Warden/Superintendent, who has custody of the designated inmate, may, on order of the Commissioner, release the inmate on the date stated, to the temporary custody of the United States Marshal or Deputy Marshal to be transported to the federal judicial district where the inmate is desired.
(c) Upon receipt of an Executive Agreement between the Governor of Georgia and the Governor of another state, the Warden/Superintendent who has custody of the designated inmate may, on the order of the Commissioner, release the inmate on the date stated, to the temporary custody of the Sheriff or Deputy Sheriff, of the County of the State wherein the inmate is desired as a witness or defendant.
(d) Upon receipt of an effective production order pursuant to the Uniform Act to Secure the Attendance of Witnesses from Without the State from the Judge having jurisdiction of the inmate named therein, the Warden/Superintendent having custody of the designated inmate shall notify the Department's Offender Administration Division by telephone of the receipt of such order, and shall immediately prepare and forward to this office a confirmation memorandum with a copy of the court order. The Warden/Superintendent may then release such inmate, on the date stated, to the temporary custody of the authorized officer or produce him in the designated court according to the order of the judge, the purpose of the order being for the inmate to appear in another state as a material witness and to testify before a grand jury in a criminal investigation or in court in a criminal action. Upon receipt of the confirming memorandum and a copy of the court order in the Central Office, acknowledgement will be forwarded to the institution.
(3) When an inmate is released to the temporary custody of a Sheriff, Deputy Sheriff, United States Marshal, Deputy U.S. Marshal, or other authorized officer or produced by the Warden/Superintendent or a member of the institutional staff, for the purposes outlined in (2)(a), (b), (c), or (d) above, any expense incidental to the production of the inmate in court and his return to the institution from which he was removed or another Georgia institution as specified by the Department, are to be borne by the agency which assumes temporary custody.

Rule 125-2-4-.09 Detainers

(1) A detainer is a written instrument executed by the prosecuting officer of a court and filed with the Department requesting that the Department retain custody of an inmate pending delivery of the inmate to the proper authorities to stand trial upon a pending indictment or accusation, or to await final disposition on all appeals and other motions which are pending on any outstanding sentence, and to which is attached a copy of the indictment, accusation, or conviction which constitutes the basis of the request. The request shall contain a statement that the prosecuting officer desires and intends to bring the inmate to trial upon the pending indictment or accusation, and in the case of an outstanding sentence, that he intends to seek final disposition of all appeals and other motions.
(2) No Warden/Superintendent or any other institutional official is authorized to accept a detainer nor shall they accept any other form of "hold" order on an inmate unless provided through the State Board of Corrections.
(3) Any correspondence, form letter, or other documentation relative to a detainer or "hold" order on an inmate received at an Institiution from any source other than the State Board of Corrections shall be forwarded promptly to the Detainer Administrator of the Department of Corrections.
(4) The State of Georgia is signatory to the Interstate Agreement on Detainers. Under this agreement, a jurisdiction within another state also signatory to the agreement, which has an untried indictment, information or complaint on which a detainer has been lodged against an inmate incarcerated in an institution under the jurisdiction of the Georgia State Board of Corrections may secure temporary custody of the accused inmate for the purposes of bringing him (her) to trial. Proceedings for this purpose may be initiated by an inmate or by the prosecutor of the jurisdiction which has an indictment, information or complaint pending against the inmate. Once proceedings under the Interstate Agreement on Detainers have been initiated, failure of the accusing jurisdiction to hold trial within the time periods specified in the agreement will result in the dismissal of the indictment, information or complaint and removal of the detainer unless a continuance has been granted by a court of competent jurisdiction.
(a) Forms used in achieving those functions assigned to institutions and in fulfilling certain State responsibilities under the Interstate Agreement on Detainers will be available at the Central Office. Instructions for their execution, processing and distribution are contained on the individual forms or in supplementary data provided to the institutions.
(b) Directive authority over day-to-day actions executed in the discharge of the State Board of Corrections responsibilities inherent in the Interstate Agreement on Detainers will be exercised by the Detainer Administrator of the Department of Corrections.

Rule 125-2-4-.10 Special Notification

A Special Notification is an intrastate request for custody placed against an inmate who is currently serving a sentence under the jurisdiction of the State Department of Corrections and who is wanted by another jurisdiction within the state on an outstanding sentence. Any Special Notification, or document constituting similar requirements, received by a Warden or Institutional Records Manager, shall be immediately forwarded to the Detainer Administrator, State Department of Corrections for necessary action.

Rule 125-2-4-.11 Interstate Corrections Compact

(1) The State of Georgia is signatory to the Interstate Corrections Compact. The purpose of this compact is to provide for the mutual development and execution of cooperative programs for confinement, treatment and rehabilitation of offenders, with the most economical use of human and material resources.
(2) When a Warden/Superintendent has an inmate who desires to be transferred to a correctional institution of a state which is signatory to the Interstate Corrections Compact, the Warden/Superintendent shall direct the inmate to prepare a letter of request for such transfer setting forth the inmate's reasons for the request. Upon receipt of such a request the Warden/Superintendent shall attach his recommendations thereto and forward the request to the Administrator of the Interstate Corrections Compact for the Department of Corrections.
(3) Upon receipt of an inmate's request and the Warden's/Superintendent's recommendation for transfer of an inmate to an institution in a member state, the Administrator, Interstate Corrections Compact, will place the inmate's name on a list of those to be considered for such transfer.
(4) If the state to which the inmate requests transfer is not signatory to the Interstate Corrections Compact or if, for any other reason, the inmate is found to be ineligible or the request is denied, the State Board of Corrections will so notify the Warden/Superintendent who shall subsequently inform the inmate.
(5) A limited number of transfers to Federal Correctional Institutions can be achieved by special agreement when an inmate requires unusual custody, care, treatment, training or rehabilitation and such is not available in the Georgia Correctional System. Such special situations must be processed individually and approved by the Board of Corrections in accordance with the merits of the case.

Rule 125-2-4-.12 Out of State Probation

(1) The State of Georgia is signatory to an Interstate Compact which provides for a Georgia probationer to fulfill his (her) probation requirements in a member state under the jurisdiction of a probation officer of that state. Similarly, probationers from another member state may complete the requirements of their probation in the state of Georgia under the jurisdiction of Georgia Probation officers.
(2) A probationer may be permitted to reside in another state under the following conditions:
(a) If the person is in fact a resident of or has a family residing within the receiving state and can obtain employment there. Residency shall be determined as defined in the Compact.
(b) If, though, not a resident of the receiving state, and not having his (her) family residing there, the receiving state consents to the probationer being sent there.
(c) The receiving state will be provided an opportunity to investigate the home and prospective employment of the potential probationer.
(3) The receiving state will assume the duties of visitation and supervision over the probationer using the same standards and requirements as are applied to its own probationers.
(4) The sending state reserves the right, within the restrictions as described in the Compact, but otherwise without interference, to enter a receiving state, apprehend the probationer, and return him (her) to the sending state. Extradition procedures are expressly waived under the provisions of the Compact. The decision of the sending state to retake the probationer is not reviewable by the receiving state unless there are criminal charges pending against the probationer in the receiving state.

Rule 125-2-4-.13 Drivers Licenses

(1) No state inmate shall be authorized or permitted to operate a motor vehicle or heavy equipment on the public roads or highways unless he (she) is currently licensed by the Department of Drivers Services to operate such vehicles.
(2) Inmate drivers shall be classified as either Trusty Drivers or Restricted Drivers. The two types of drivers shall be defined as follows and, at the minimum, supervised as indicated:
(a) A Trusty Driver shall be an inmate who has achieved Trusty status by meeting all requirements listed in Chapter 125-3-1-.02(6)(e) which defines that status; who is a fully qualified vehicle or equipment operator; and who has demonstrated by his attitude, adjustment and work habits that his status is valid. Such drivers, in the discretion of the Warden/Superintendent, may be assigned driving tasks which require occasional checks by supervisory personnel.
(b) A Restricted Driver, as a minimum, must have achieved a medium security classification. An inmate is not eligible if he (she) was originally under a death sentence, has been convicted of a sex offense, is known to currently be an alcoholic or a drug addict, has escaped twice, or has an unsatisfactory conduct record. Following licensing, a Restricted Driver may, at the discretion of the Warden/ Superintendent, be permitted to operate an appropriate vehicle while under constant supervision. If authorized by the Warden/ Superintendent, such supervision may include supervision by visual contact while the inmate is driving in a convoy situation.
(3) Any Warden or Superintendent wishing an inmate to be certified pursuant to O.C.G.A. § 40-5-21(7), as amended, must meet the following requirements:
(a) All driver's licenses and instructional permits previously issued to such inmate must be surrendered to the Department prior to the issuance of the inmate drivers certificate;
(b) No inmate shall be issued an inmate drivers certificate if such inmate is currently under a departmental or court imposed suspension, cancellation or revocation;
(c) The Warden or Superintendent of the institution requesting that an inmate be issued an inmate drivers certificate shall file with the Department a completed application form prior to the issuance of such certificate;
(d) Each inmate requesting such certificate must pass all examinations required by law for the particular class of certificate applied for.
(e) An inmate drivers certificate shall be valid for four (4) years or until such time as the inmate is transferred, paroled, pardoned or released from the institution which requested the issuance of such certificate, whichever period of time is shorter;
(f) The inmate certificate will also be cancellable at the request of the Warden or Superintendent of the penal institution which requested the inmate be issued the certificate designated in this Rule.
(g) The inmate certificate shall contain the following information:

GEORGIA DEPARTMENT OF DRIVER SERVICES

APPLICATION FOR INMATE DRIVERS CERTIFICATE

PART I--DRIVER INFORMATION: (Please Print)

NAME _________________ CURRENT GA. LIC.# _____

(Last) (First) (Middle)

DATE OF BIRTH ________ SOC. SEC. # ____________

NAME OF CORRECTIONAL INSTITUTION ___________

ADDRESS _____________________________________

(P.O. Box) (Street) (City) (State) (Zip Code)

SIGNATURE ___________________ DATE ___________

NOTE--Your driving record will be checked. If you are under suspension or revocation this certificate will not be issued. All licenses in your possession must be surrendered upon issuance of Inmate Certificate. Each inmate requesting such certificate must pass all examinations (vision, written, and driving) required by law for the particular class of certificate applied for, unless successfully completed within sixty (60) days prior to application.

PART II--CERTIFICATION BY WARDEN OR SUPERINTENDENT

I hereby certify the above named person to be an inmate of said Institution. I realize that I may cancel the certificate at any time. Further, I affirm that I will receive from the inmate and return to the Department of Driver Services such certificate upon the inmate's transfer, parole, pardon, or release.

SIGNED _______________________________________

TITLE ________________________________________

DATE ___________________

PART III--CANCELLATION OF INMATE DRIVER'S CERTIFICATE

NAME OF INMATE _______________________________

CERTIFICATE NUMBER __________________________

DATE OF BIRTH _______ SOC. SEC. # ___________

NAME OF CORRECTIONAL INSTITUTION _____________

ADDRESS _____________________________________

(P.O. Box) (Street) (City) (State) (Zip Code)

This will certify that the inmate named herein is no longer the holder of such driver's certificate issued on (Date) ________ due to: (Check one)

____ Cancellation

____ Parole

____ Transfer

____ Release

____ Pardon

____ Other (Specify)

Such certificate number ____________________ is enclosed.

SIGNED ______________________________________

TITLE _______________________________________

DATE ____________________

Mail this certification form and certificate to Department of Driver Services, P. O. Box 80447, Conyers, Georgia 30013.

(h) It shall be the responsibility of the Warden or Superintendent of the penal institution in which the inmate is incarcerated to secure the surrender of such certificate and return such certificate to the Department upon the inmate's transfer, parole, pardon or release.
(4) The Warden/Superintendent or his designated representative shall assure that the Inmate is fully aware of applicable legal and institutional restrictions concerning his (her) driving privilege.
(5) The institution shall maintain a record of all Special Operators Licenses issued to inmates at the institution. Renewals shall be accomplished as required.
(6) Offenders who participate in community employment programs who require an operators license shall obtain the license under the same conditions as a citizen of the community and shall be required to bear the expense of the license.

Rule 125-2-4-.14 Marriage

An inmate incarcerated in an institution under the jurisdiction of the State Board of Corrections may be married under the following conditions:

(a) Upon compliance with the marriage requirements of the State of Georgia, the Commissioner of Corrections may authorize the Chaplain of the institution to coordinate and/or perform the marriage ceremony or designate an authorized person to perform the marriage ceremony at the institution.
(b) The inmate and/or prospective spouse will assume all financial responsibility involved in the marriage process.
(c) Inmates will not be transported for the purpose of obtaining marriage licenses or to various institutions for marriage.
(d) The provision of this section shall not be interpreted as in any way authorizing conjugal visits.

Rule 125-2-4-.15 Compassionate Visits and Special Leave

(1) Inmates incarcerated in institutions under the jurisdiction of the Board of Corrections may be eligible for compassionate visits, holiday leave, special leave and emergency special leave programs.
(2) Criteria for inmate eligibility to participate in such programs shall be established by standard operating procedures promulgated by the Commissioner.
(3) Such standard operating procedures shall reflect inmate eligibility limitations imposed under relevant portions of Georgia law.

Rule 125-2-4-.16 Repealed

Rule 125-2-4-.17 Preparation for Legal Materials

Inmates shall be permitted legal materials (including, but not limited to, briefs, petitions, motions, pleadings, and correspondence and courts or legal counsel) and to secure assistance in the preparation of such materials, providing established procedures are observed. The following procedures are prescribed:

(a) All legal materials should normally be prepared in the assigned cell or dormitory of the inmate whose legal interest are being pursued.
(b) The Warden shall have the authority to designate other places in his institution which may be more appropriate for the preparation of legal materials. The designation of other areas should be made only when the inmate's living quarters are considered by the Warden/Superintendent to be inadequate for the preparation of legal materials.
(c) Inmates shall be permitted to use the institutional library facilities for the preparation of legal materials during the times prescribed by the Warden/Superintendent. The Warden/Superintendent may reasonably restrict the use of such facilities to assure that the effective use of the library facilities (for all its purposes) is not impaired.
(d) Each institution will maintain a capability for providing Notary Services.
(e) Upon an inmate's transfer to another institution he (she) shall be permitted to take along with his (her) other personal property, all his (her) personal legal materials. Inasmuch as an inmate may be entitled to maintain or possess a reasonable amount of personal legal material, such material must be maintained and possessed in accordance with available institutional space and may be restricted because of inadequate space and/or fire hazardous conditions.

Rule 125-2-4-.18 Transfers

(1) The Commissioner of the Department of Corrections may designate as a place of confinement any available, suitable, and appropriate Correctional Institution operated under the jurisdiction or supervision of the State Board of Corrections. The Commissioner shall also have sole authority to transfer inmates from one correctional institution to any other institution operated under the jurisdiction of the State Board of Corrections. Neither male or female state inmates shall be assigned to serve in any manner in a county jail unless they are participating in a state sponsored project and have the approval of the Commissioner of the Department of Corrections and the sheriff or the jail administrator of the county.
(2) An inmate shall be transferred from one institution to another at the discretion of the Commissioner of the Department of Corrections.
(a) An inmate shall not be transferred without an order from the Commissioner. In case of an emergency, verbal authorization obtained by telephone and subsequently supported in writing will suffice.
(b) A Warden/Superintendent shall effect a transfer order on the date and time specified.
(c) When an inmate is transferred he (she) shall be transported in an automobile or closed vehicle. An open truck shall not be used.
(d) An inmate shall be thoroughly searched prior to transfer. If restraint equipment is required, it shall be applied in a humane manner. The inmate being transported shall not be attached to the transporting vehicle in any manner. Food, drink and rest stops shall be provided, consistent with the circumstances of the trip.
(e) When an inmate is transferred to another institution, his (her) case file, institutional account, restricted mail list, visitation lists, and other pertinent institutional records shall be transferred with him (her).
(3) The Commissioner may transfer any inmate to the federal prison system, to the prison system of another state, or to the prison system of a foreign county as permitted by law.

Rule 125-2-4-.19 Discharge Gratuities

(1) State inmates who are lawfully released from any institution under the jurisdiction of the Board of Corrections shall be provided gratuities in accordance with the provisions of this Rule.
(2) When a felony inmate, who is not participating in a work release program is discharged upon completion of his (her) sentence; is conditionally released, pardoned or paroled; or is released in any other lawful manner from a state or county institution, he (she) shall receive the following clothing and monetary allowance:
(a) An inmate shall receive a travel kit, when appropriate, and suitable clothing which shall consist of those garments approved by the Board of Corrections from time to time and specified in the Departmental Procedure.
(b) An inmate shall receive an amount of money, not more than twenty-five dollars ($25.00) with the order for discharge, parole, or other lawful release.
(c) A ticket for common carrier transportation to the inmate's home, located in the United States, will be furnished.
(d) An inmate who has participated in a work release program shall NOT be furnished any of the items enumerated in subsections (2)(a), (b) and (c) of this section, above, unless it is determined that he (she) has extraordinary financial needs as established to the satisfaction of the Commissioner of Corrections.
(e) A felony inmate who is released to a Sheriff or a United States Marshal on a detainer to serve a sentence already imposed or to stand trial on pending charges, or who is released to county authorities or a detainer to serve a county sentence, shall not be entitled to the items enumerated in subsections (2)(a), (b) and (c) of this section, above, unless the inmate qualifies under terms of O.C.G.A. 42-11-1 through 42-11-3, pertaining to the transfer of an inmate to serve a concurrent State and Federal sentence or qualifies under O.C.G.A. 42-11-1 through 42-11-3, pertaining to the Interstate Corrections Compact.
(3) The clothing items enumerated in section (2)(a) of this rule, above, shall be furnished by the county to a felony (State) inmate incarcerated in a county institution at the time of his (her) discharge, unless discharged to a detainer:
(a) The Business/Record Manager of a county institution shall submit a voucher, with attached copies of the invoices or receipts from the clothing store, to the Department of Corrections for reimbursement.
(b) The voucher shall be signed by the Business/Record Manager as the bonded official of the county institution responsible for such transactions.
(c) The Department of Corrections shall reimburse a county institution for the actual costs of the clothing furnished, not to exceed that amount which the Department of Corrections may expend on like clothing for an inmate on release from a State Institution.
(4) A state inmate, convicted of and confined for an offense below the felony level, and released from detention in a lawful manner shall be provided funds in an amount not to exceed twenty-five dollars ($25.00) plus an allowance for travel as described in paragraph 125-2-4-.19(2)(c) above:
(a) A check drawn against the inmate release fund in an amount consistent with the financial needs of the inmate and within the prescribed limitations, will be forwarded with the release order to the releasing institution by the Office of the Commissioner of Corrections.
(b) A clothing issue for this type inmate is NOT authorized.

Rule 125-2-4-.20 Death and Interment

When an inmate under the jurisdiction of the State Board of Corrections dies, the following procedures shall be followed:

(a) When an inmate dies from natural causes or causes certifiable by the institutional physician and he has designated a next of kin, the Warden/Superintendent or his representative will notify the next of kin and the Commissioner of Corrections promptly. The next of kin shall be informed as to the location and procedures for claiming the remains. The next of kin and the Commissioner of Corrections shall be furnished copies of a Certificate of Death.
(b) When an inmate dies suddenly or violently, or under unusual circumstances without an attending physician, notwithstanding the presence of witnesses, the following procedures shall be initiated immediately:
1. The Warden/Superintendent or his representative shall notify the Commissioner of Corrections furnishing whatever information is available at the time;
2. The Warden/Superintendent or his representative shall notify the Coroner of the county in which the death occurs. In those counties which do not have a coroner, the medical examiner shall be notified. In all instances an autopsy will be requested.
3. The Warden/Superintendent or his representative shall notify the Director of the State Crime Laboratory;
4. The Warden/Superintendent or his representative shall notify the Director of the Georgia Bureau of Investigation or his appointed representative in the district where the death occurs (Special Agent in Charge of District);
(i) In the case of a County Institution, the Sheriff of said County shall also be notified;
5. The Warden/Superintendent or his representative shall directly notify the Internal Investigation Section between 8:00 a.m. and 4:30 p.m. on weekdays. At all other times the Communications Center at Central Office shall be notified;
6. The Warden/Superintendent or his representative shall notify the next of kin;
(c) The body of the deceased inmate shall be released to the next of kin or an agent thereof no later than 24 hours after the demand for release by the next of kin or agent thereof, unless there has been a written finding by the Peace Officer, Medical Examiner, or Coroner that foul play may have been involved in the death or there is a dispute over the legality of release.
(d) In the event of a suicide, accidental death or death under suspicious circumstances, the following procedures shall be observed:
1. The medical records of the inmate shall be copied and sent to the Health Services Unit at Department of Corrections' central office for review.
2. A written report providing the details of the death, the Coroner's or Medical Examiner's report and the other available documentation shall be submitted to the Commissioner of Corrections.
(e) Upon the death of an inmate, for whatever cause, the Director of the Crime Laboratory is to be notified.
(f) On the death of an indigent inmate, interment of such decedent shall be as provided by Georgia Law. The following procedures shall apply:
1. When the deceased inmate and his surviving family and immediate relatives are indigent, and are unable to provide for a decent burial, the governing authority of the county of his death shall furnish from county funds an amount adequate to provide a decent burial or to reimburse whoever may have voluntarily paid for the cost of the funeral. In any event, the distribution of funds to cover such shall be governed by Georgia Law.
2. The family or close relatives of a deceased inmate who claim to be unable to provide for burial of the deceased shall make application to the county governing authority where the death occurred and declare that they are indigent and unable to provide a decent burial for the deceased;
3. In the event the deceased inmate has no family or immediate relatives or no next of kin can be located and the inmate has no funds with which to defray the cost of his funeral, the Warden/Superintendent of the institution where the death occurred shall make application for county funds for burial on behalf of the deceased inmate;
4. When an inmate dies in a State institution, the State Board of Corrections shall reimburse the county governing authority in which county the inmate died, provided expenditures have been made for the burial of the inmate in accordance with the provisions of (b)1., (b)2., and/or (b)3. of this rule. The county governing authority shall not be entitled to reimbursement if the deceased inmate was incarcerated in a county correctional institution or facility at the time of death. Indigent state inmates may be buried at Georgia State Prison by arrangement with the Warden/Superintendent of that institution.
(g) In the absence of the next of kin of the deceased inmate, the Coroner shall take possession of all property of value found on such persons, make an exact inventory thereof on his report, and surrender the property to the person entitled to its custody or possession. The Coroner's inventory shall be signed by the Coroner and the Warden/Superintendent or his representative and shall be made a permanent part of the deceased inmate's file.

Rule 125-2-4-.21 Special Alternative Incarceration

When an individual has been sentenced under this act, placement at a designated "special alternative incarceration" unit will be approved by the Commissioner, Department of Corrections.

(a) In every case where an individual is sentenced under the terms of the special alternative incarceration code section, the Clerk of the Sentencing Court shall, within five (5) working days, mail to the Department of Corrections sentencing documents required by law.
(b) The only individuals who will be approved for participation and placement in this program will be those sentenced specifically to this program as a condition of probation as set forth under the terms of this law. The sentences received must reflect a period of incarceration of 90 days from the time of initial incarceration in the "special alternative incarceration" unit.
(c) The Department of Corrections will arrange with the Sheriff's Office to have a Sheriff's Deputy in the county of incarceration deliver individuals sentenced under the terms of this law to a designated facility within 15 days after receipt by the Department of the documents by the Clerk of the Court.
(d) At any time during the individual's incarceration in the unit but at least five (5) days prior to his (her) expected date of release, the Department of Corrections will certify to the Trial Court as to whether the individual has satisfactorily completed this condition of probation.
(e) Upon the satisfactory completion of the program by an individual the Department of Corrections will provide the sentencing court a written record of performance not less than five (5) days prior to his (her) expected date of release as notification that the individual is being released from confinement in the special alternative incarceration unit. However, should the performance of the individual be unsatisfactory, a report of such unsuccessful performance may be grounds for revocation of the probated sentence. A petition for revocation may be initiated by the probation supervisor.
(f) Individuals participating in the "special alternative incarceration" program shall be subject to all rules and regulations of the Board of Corrections as would any inmate sentenced to the custody of the Department and necessary and appropriate disciplinary action may be taken.

Rule 125-2-4-.22 Restitution

The Commissioner shall promulgate procedures to allow for reasonable deductions to be made from money credited to prisoner accounts for the purpose of restitution for acts occurring during a period ordered to be served in the custody of the Commissioner of the Department of Corrections. Such deductions shall be authorized to repay the costs of (1) public property, or private property in the case of an inmate housed in a private correctional facility, willfully damaged or destroyed by an inmate; (2) medical treatment and prescription medication for injuries inflicted by an inmate upon himself, herself, or another unless the inmate has a severe mental health designation as determined by the department; (3) extraordinary costs incurred as a consequence of searching for and apprehending an inmate who has escaped or attempted to escape; and (4) quelling riots or disturbances in which the prisoner is unlawfully involved. For the purpose of administering deductions from money credited to inmate accounts, the Commissioner is authorized to implement a mandatory minimum balance applicable to all inmate accounts.

Rule 125-2-4-.23 Offender Grievances

The vast majority of offender grievances are resolved directly and promptly. In those cases where an offender grievance is not resolved at the initial level, the Warden/ Superintendent shall follow the established procedure whereby an offender who is convinced that he has a legitimate grievance is provided a reasonable opportunity to present in writing or discuss his allegations until a resolution of the alleged problem, consistent with the developed facts, has been achieved.