Title 42, Chapter 2, Section 11
( 42-2-11)
(a) The board shall establish the general policy to be followed by
the department and shall have the duties, powers, authority, and
jurisdiction provided for in this title or as otherwise provided by
law. (b) The board is authorized to adopt, establish, and promulgate
rules and regulations governing the transaction of the business of
the penal system of the state by the department and the commissioner
and the administration of the affairs of the penal system in the
different penal institutions coming under its authority and
supervision and shall make the institutions as self-supporting as
possible. (c) The board shall adopt rules governing the assignment, housing,
working, feeding, clothing, treatment, discipline, rehabilitation,
training, and hospitalization of all inmates coming under its
custody. (d) The board shall also adopt rules and regulations governing the
conduct and the welfare of the employees of the state institutions
operating under its authority and of the county correctional
institutions and correctional facilities or programs operating under
its supervision. It shall prescribe the working hours and conditions
of work for employees in the office of the commissioner and in
institutions operating under the authority of the board. (e) The board shall also adopt rules and regulations governing the
negotiation and execution of any contract for the land acquisition,
design, construction, operation, maintenance, use, lease, or
management of a state correctional institution or for any services
pertaining to the custody, care, and control of inmates or other
functions as are related to the discharge of these responsibilities. (f) The board shall adopt rules: (1) Providing for the transfer to a higher security facility of
each inmate who commits battery or aggravated assault against a
correctional officer while in custody; provided, however, that
this provision shall not apply in instances where the inmate is
already incarcerated in a maximum security facility; and (2) Specifying the procedures for offering department assistance
to employees who are victims of battery or aggravated assault by
inmates in filing criminal charges or civil actions against their
assailants, including procedures for posting notices that such
assistance is available to any employee who is subjected to
battery or aggravated assault by an inmate, but not including
legal representation of such employees. (g) All rules and regulations adopted pursuant to this Code section
shall be adopted, established, promulgated, amended, repealed,
filed, and published in accordance with the applicable provisions
and procedure as set forth in Chapter 13 of Title 50, the "Georgia
Administrative Procedure Act." The courts shall take judicial notice
of any such rules or regulations. (h) As used in this Code section, the words "rules and regulations" shall have the same meaning as the word "rule" is defined in paragraph (6) of Code Section 50-13-2. |