2010 Georgia Code 42-5-58 Case Law
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One Click Case Law for § 42-5-58
O.C.G.A. § 42-5-57 <-- --> O.C.G.A. §42-5-59



2010 Georgia Code

TITLE 42 - PENAL INSTITUTIONS

CHAPTER 5 - CORRECTIONAL INSTITUTIONS OF STATE AND COUNTIES
ARTICLE 3 - CONDITIONS OF DETENTION GENERALLY
§ 42-5-58 - Prohibition against corporal punishment; use of handcuffs, leg chains, and other restraints; permissible punishment generally

O.C.G.A. 42-5-58 (2010)
42-5-58. Prohibition against corporal punishment; use of handcuffs, leg chains, and other restraints; permissible punishment generally


(a) Whipping of inmates and all forms of corporal punishment shall be prohibited. All shackles, manacles, picks, leg irons, and chains shall be barred from use as punishment by any penal institution operated under authority of the board. In transferring violent or potentially dangerous inmates within an institution or between facilities, handcuffs, leg chains, waist chains, and waist belts may be utilized. Handcuffs, leg chains, waist chains, and waist belts may also be used in securing violent or potentially dangerous inmates within an institution and in public and private areas such as hospitals and clinics; but in no event may handcuffs, leg chains, waist chains, and waist belts be used as punishment; provided, however, if the accused becomes violent in the courtroom, restraints may be used.

(b) The department shall restrict punishment for an infraction of correctional rules and regulations to isolation and restricted diet or to uniform standard humane punishment which the department may deem necessary for the control of inmates.

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Graham W. Syfert, Esq., P.A.
Phone: 904-383-7448
Fax: 904-638-4726

graham@syfert.com