Definitions

  1. Law
  2. Georgia Code
  3. Penal Institutions
  4. Detainers
  5. General Provisions
  6. Definitions

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As used in this article, the term:

  1. "Commissioner" means the commissioner of corrections.
  2. "Department" means the Department of Corrections.
  3. "Detainer" means 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 of 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.

(Ga. L. 1968, p. 1110, § 1; Ga. L. 1982, p. 3, § 42; Ga. L. 1982, p. 1373, §§ 1, 2; Ga. L. 1985, p. 149, § 42; Ga. L. 1985, p. 283, § 1.)

OPINIONS OF THE ATTORNEY GENERAL

This section is no more than a definition; it does not command the filing of a detainer nor any response on the part of the board. 1969 Op. Att'y Gen. No. 69-410.

Article not an ex post facto or retroactive law. 1969 Op. Att'y Gen. No. 69-95.

Primary purpose of this article is to aid the prisoner in rendering the prisoner's future more certain by allowing the prisoner to request disposition of outstanding charges against the prisoner while the prisoner is confined; such a purpose is inconsistent with an authorization to the Board of Offender Rehabilitation (Corrections) to hold the prisoner after the prisoner's sentence has expired. 1969 Op. Att'y Gen. No. 69-410.

Applicable to prisoners with appeals pending upon prior convictions.

- While Ga. L. 1968, p. 1110, § 1 (see now O.C.G.A. §§ 42-6-1 through42-6-6) does not specifically mention prisoners with appeals pending upon prior convictions, there is nothing in the statutes which would prohibit either a district attorney or a sheriff from writing the Board of Offender Rehabilitation (Corrections) that such a situation exists with reference to a prisoner, and from sending an arresting officer with a warrant to pick up the prisoner upon release. 1972 Op. Att'y Gen. No. U72-101 (rendered prior to 1982 amendment).

Detention after expiration of sentence.

- It was not contemplated that the board should have power to hold a prisoner after expiration of the prisoner's sentence. 1969 Op. Att'y Gen. No. 69-410.

Request for detention from county probation department.

- As officers and employees of county probation departments are not prosecuting officers of court, requests of county probation department for detention of an inmate on the inmate's release date cannot be treated as detainers. 1969 Op. Att'y Gen. No. 69-268.

Request for the retention of an inmate supported by warrant only does not constitute filing of a detainer. 1969 Op. Att'y Gen. No. 69-23.

Request for detention and return of inmate in Georgia prison system to county for service of sentence already imposed and to be served in county work camp (now county correctional institution) is not a detainer within the meaning of Ga. L. 1968, p. 1110, § 1 (see now O.C.G.A. §§ 42-6-1 through42-6-6); the same relates solely to requests for the detention of an inmate pending delivery for trial upon pending charges. 1968 Op. Att'y Gen. No. 68-502.

Recourse in lieu of detainer.

- Although the detainer procedure may be invoked by an accusation without a waiver of indictment by grand jury, this procedure will not authorize the Board of Offender Rehabilitation (Corrections) to hold a prisoner after the prisoner's sentence has expired; the district attorney can arrest the prisoner upon the prisoner's release and proceed against the prisoner as the district attorney would proceed against any other criminal defendant. 1969 Op. Att'y Gen. No. 69-410.

RESEARCH REFERENCES

Am. Jur. 2d.

- 60 Am. Jur. 2d, Penal and Correctional Institutions, § 129-131.

C.J.S.

- 72 C.J.S., Prisons and Rights of Prisoners, §§ 133, 134.


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