Family Guide to Requesting Georgia Prison Records

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A plain-language resource for families navigating the Georgia prison system

When a loved one is incarcerated in Georgia—or when something goes wrong inside a GDC facility—families often find themselves searching for basic information. What happened? Who was involved? What records exist? The answers are rarely straightforward.

Georgia’s prison system operates behind layers of legal exemptions, bureaucratic fragmentation, and institutional resistance to transparency. An Atlanta Journal-Constitution investigation found that the Georgia Department of Corrections has become increasingly opaque, withholding information that was once routinely released and fighting even federal subpoenas for records. 1 When the U.S. Department of Justice sought documents for its civil rights investigation, GDC resisted for six months until a federal judge ordered compliance.

This guide exists to help families understand where prison-related records come from, who controls them, what laws govern access, and how to navigate a system designed to protect itself from scrutiny.

This is not legal advice. Laws and policies change. When facing serious situations—particularly deaths in custody, major injuries, or potential civil rights violations—consult with a qualified attorney.

The Reality Families Face

When families contact the GDC seeking information, they often hear: “That’s confidential.” “We can’t release that.” “Those are state secrets.” “You’ll need to file an open records request.” “That information is protected by HIPAA.”

Sometimes these statements are accurate. Often, they are incomplete or misapplied. Understanding the difference requires knowing how Georgia’s prison record system actually works.

The fundamental challenge is fragmentation. A single incident—an assault, a medical emergency, a death—generates records across multiple agencies: the prison creates operational records, medical providers create treatment records, the GBI Medical Examiner creates death investigation records, the county coroner creates inquest records, Vital Records creates death certificates, and outside hospitals create their own medical charts.

No single office controls all of this information. When a family member calls the prison and is told “we don’t have that,” the statement may be technically true—the record exists, but somewhere else.

Who Creates and Controls Georgia Prison Records

Before requesting records, families need to understand who creates them and who controls access. This knowledge prevents wasted time and helps identify when an office is deflecting rather than providing accurate information.

GDC Facility-Level Records

The prison facility itself creates operational and administrative records documenting daily activities, incidents, and staff actions.

Records typically created at the facility level include: incident reports documenting assaults, disturbances, and emergencies; use-of-force reports; emergency response logs and timelines; housing assignments and movement records; disciplinary reports; grievance filings and responses; shift rosters and staffing logs; surveillance footage where cameras exist; “man down” button activation logs; and medical emergency call records.

Who controls these records: The Warden and facility administration, subject to GDC Central Office oversight.

Key limitation: Under O.C.G.A. § 42-5-36, Georgia law classifies all “institutional inmate files and central office inmate files” as confidential state secrets that cannot be released unless the GDC Commissioner personally declassifies them in writing. 2 This extraordinary legal shield—language typically reserved for national security matters—gives GDC enormous discretion to withhold records that would be public in most other states.

GDC Central Office Records

The GDC headquarters in Forsyth receives reports, maintains oversight records, and controls certain information centrally.

Records often held at the Central Office include: death notifications and mortality reviews, classification and transfer documentation, policy compliance records, Office of Professional Standards investigations, statistical and demographic data, and contracts with medical providers and vendors.

Contact information:

GDC Medical Records (Internal)

Most Georgia prisons contract with private healthcare providers (currently Wellpath in many facilities) to operate on-site medical units. These units create medical records that are typically treated as protected health information.

Prison medical records often include: sick-call requests, medication administration logs, nursing notes and assessments, referrals for outside care, and mental health evaluations.

Access rules: These records are governed by HIPAA and Georgia medical privacy laws. Family members generally cannot access them without written authorization from the incarcerated person, legal representative status for deceased individuals, or a court order or subpoena.

Important distinction: The fact that a medical event occurred may be documented in administrative records (like emergency response logs) that are NOT medical records under HIPAA. The GDC sometimes conflates these categories.

Outside Medical Providers

When an incarcerated person is transported to an outside hospital, that hospital creates its own records—completely separate from anything the prison controls.

Outside medical records typically include: ambulance/EMT run sheets documenting condition during transport, emergency department intake notes, vital signs on arrival, diagnostic testing results, physician evaluations, treatment records, and discharge summaries.

Why these records matter: Outside medical records often reveal critical information about an incarcerated person’s condition—information that may contradict what the prison initially reported. A person described by prison staff as “fine” may have arrived at the hospital in critical condition. Transport records document the timeline and can reveal delays.

Who controls these records: The hospital or medical provider, NOT the GDC.

How to request: Contact the hospital’s Health Information Management or Medical Records department directly. You will need authorization from the patient or, if deceased, proper legal representative documentation.

GBI Medical Examiner Records

When someone dies in a Georgia prison, the Georgia Bureau of Investigation’s Medical Examiner’s Office typically becomes involved. The GBI-ME serves 155 of Georgia’s 159 counties and has specific jurisdiction over deaths in state institutions. 3

Under O.C.G.A. § 45-16-24, the coroner or medical examiner MUST be notified when a death occurs “when an inmate of a state hospital or a state, county, or city penal institution.” 4

Records created by the Medical Examiner include: death investigation reports, autopsy reports when performed, toxicology results, cause and manner of death determinations, and investigator notes.

Who controls these records: The GBI, not the GDC.

How to request: Contact the GBI Open Records Unit by mail at Open Records Unit, Georgia Bureau of Investigation, 3121 Panthersville Road, Decatur, GA 30034, or by phone at (404) 270-8527.

Timeline: Simple autopsy reports may be ready within 30 days. Complex cases requiring toxicology or additional testing can take up to 26 weeks.

Family access: Next of kin (spouse, adult child, parent, sibling, niece/nephew in that order) can request autopsy reports. You must provide proof of relationship.

“I requested the autopsy report in October and the GBI said I could request it again in 120 days… it was denied citing it was still an open investigation.”

— Heather Fountain, whose son died at Rogers State Prison

This tactic—keeping investigations perpetually “open”—can be used to delay or prevent family access to records.

County Coroner Records

Georgia’s elected county coroners have jurisdiction over death investigations in their counties. When someone dies in prison, the coroner of the county where the death occurred (or where the body was found) is notified.

Coroner responsibilities include: receiving notification of the death, determining whether an inquest is required, conducting inquest proceedings when mandated, and maintaining permanent records of inquiries.

Under O.C.G.A. § 45-16-27, an inquest proceeding—a public, jury-based inquiry—is required when an inmate dies “unexpectedly without an attending physician or as a result of violence.”

Why this matters: The coroner and the inquest process operate independently from the GDC. Families have the right to request copies of inquest proceedings and investigative files from the coroner’s office under Georgia’s Open Records Act.

How to request: Contact the coroner’s office in the county where the death occurred. Coroners are elected officials whose offices are subject to the Open Records Act.

Georgia Vital Records (Death Certificates)

Death certificates are legal documents created under Georgia’s public health laws, completely separate from prison records.

Who controls them: Georgia Department of Public Health, Office of Vital Records

Access rules: Under O.C.G.A. § 31-10-26, certified copies are available to the spouse of the deceased, next of kin, legal representatives, and courts with proper jurisdiction. 5 Death certificates become fully public records 75 years after death.

How to request: Online at https://dph.georgia.gov/ways-request-vital-record/death or by mail using Form 3912. The fee is $25 for the first copy and $5 for additional copies. Processing time is 8-10 weeks for mail requests.

Important timing note: Death certificates may initially list the cause of death as “pending” while investigations continue. The certificate can be amended later when final determinations are made. Early verbal explanations from prison staff may not match the final death certificate.

Georgia’s Open Records Act (O.C.G.A. § 50-18-70 et seq.) establishes a strong public policy favoring transparency. The law states that “public access to public records should be encouraged to foster confidence in government.” 6

What the Law Requires

Presumption of openness: All records made or received by government agencies in connection with public business are presumed public unless a specific exemption applies.

Three-day response requirement: Agencies must respond to records requests within three business days. This doesn’t mean they must produce all records in three days—but they must acknowledge the request and either provide records, explain when records will be available, or cite specific legal reasons for denial.

Written denials must cite specific law: When an agency denies a request, they must cite the exact code section, subsection, and paragraph that allows the denial. Vague statements like “that’s confidential” or “we can’t release that” are not lawful responses.

Narrow construction of exemptions: The law explicitly states that exemptions “shall be interpreted narrowly.”

What You Can Request from the GDC

Despite the “confidential state secrets” exemption for inmate files, many GDC records remain subject to the Open Records Act: policies and Standard Operating Procedures (most are published online), aggregate statistical data, budget and financial records, staffing information (positions, not necessarily names), contracts with vendors and medical providers, death notifications (basic facts), and some incident data (locations, dates, general categories).

How to Submit a Request

GDC’s preferred method: Submit through their Open Records Portal at https://georgiadcor.govqa.us/WEBAPP/_rs/SupportHome.aspx

Alternative: Email open.records@gdc.ga.gov

What to include in your request: Your name and contact information, specific description of records sought, date ranges if applicable, facility name if relevant, and a statement that this is a request under the Georgia Open Records Act, O.C.G.A. § 50-18-70.

Sample request language:

Pursuant to the Georgia Open Records Act, O.C.G.A. § 50-18-70 et seq., I request copies of the following records: [Describe specific records as precisely as possible]. If any portion of these records is exempt from disclosure, please redact the exempt portions and provide the remainder, citing the specific statutory exemption for each redaction. Please contact me at [phone/email] if you need clarification or to discuss costs before proceeding.

Costs

Copies cost $0.10 per page for non-medical documents. Search and retrieval time is charged at the hourly rate of the lowest-paid employee qualified to do the work. The first 15 minutes are free. The agency must notify you of estimated costs before proceeding.

If Your Request Is Denied

A lawful denial must be in writing, cite the specific statutory exemption, and explain why that exemption applies.

If you receive an unlawful denial (vague, no citation, or wrong exemption), you have options: request reconsideration and ask for specific legal citation, contact the Georgia Attorney General’s Open Government Mediation Program at https://law.georgia.gov/open-government-mediation-program, or file suit in Superior Court (only available for written requests; you may recover attorney’s fees if you prevail).

The “Confidential State Secrets” Problem

Georgia’s most significant barrier to prison transparency is O.C.G.A. § 42-5-36, which classifies all institutional and central office inmate files as “confidential state secrets.”

What the Law Actually Says

The statute declares that these records are “privileged under law, unless declassified in writing by the commissioner.”

This means the GDC Commissioner has sole discretion to release or withhold, there is no automatic right of access even for family members, the records are exempt from the Open Records Act, and even subpoenas may not compel release without declassification.

What This Exemption Covers

Individual inmate files, disciplinary records, classification materials, most incident reports involving specific inmates, and investigation reports from the Office of Professional Standards.

What This Exemption Does NOT Cover

The “state secrets” classification is often applied more broadly than the law allows. Records that are NOT automatically exempt include: administrative logs and timelines that don’t contain individualized inmate file information, aggregate data that doesn’t identify specific individuals, policy documents governing how the department operates, records held by other agencies (coroner, GBI, hospitals, Vital Records), and records created before information entered the inmate file system.

The Declassification Process

If you need records that are classified as state secrets, you must request declassification from the GDC Commissioner through the Legal Services office at the GDC Open Records Portal. There is no guarantee of declassification. The Commissioner has broad discretion. However, documenting your request creates a record that may be important for future legal proceedings.

Medical Records and HIPAA in the Prison Context

HIPAA (the Health Insurance Portability and Accountability Act) protects medical information. It is frequently cited—and frequently misapplied—in the prison context.

What HIPAA Actually Protects

HIPAA protects “protected health information” (PHI) including diagnoses, treatment details, test results, physician notes, medication records, and mental health evaluations.

What HIPAA Does NOT Protect

HIPAA does not automatically cover administrative logs showing that a medical emergency occurred, timelines of staff response to an emergency, transport records indicating that an ambulance was called, the fact that someone was taken to a hospital, or incident reports documenting that an injury occurred.

These may be administrative records, not medical records, even though they relate to medical events.

Accessing Medical Records for a Living Person

If your loved one is alive and incarcerated, they control access to their own medical records. Options include having them sign a HIPAA authorization allowing release to you, obtaining power of attorney for healthcare decisions, or requesting records through their attorney if they have legal representation.

Accessing Medical Records After Death

After death, HIPAA protections continue but access rules change. Records may be available to personal representatives of the estate (executors, administrators), next of kin as defined by Georgia law, and those with legal authority under applicable state law.

What you’ll need: Proof of your relationship to the deceased, death certificate if available, and possibly letters of administration or other estate documents.

Outside Medical Records Are Different

If your loved one was transported to an outside hospital, those records are controlled by the hospital—not the GDC. Contact the hospital’s medical records department directly. You will still need proper authorization or legal representative status, but you are dealing with a different institution with different processes.

Deaths in Custody—What Records Should Exist

When someone dies in a Georgia prison, multiple agencies become involved and multiple sets of records are created. Understanding this helps families know what to request and from whom.

Required Notifications and Procedures

Under Georgia law and GDC policy, when an inmate dies the facility must notify the GDC Commissioner’s office, the county coroner or medical examiner, the GBI (for deaths in state facilities), and next of kin (by the Warden or Superintendent personally). The GBI Medical Examiner typically takes jurisdiction and may conduct an autopsy. The county coroner must determine whether an inquest is required. A death certificate is eventually filed with Georgia Vital Records.

For detailed information on notification requirements, inquest proceedings, and family rights after a death, see GPS’s companion resource: ~Your Rights and the GDC’s Responsibilities: What Families Need to Know When an Inmate Dies~.

Records That Should Exist After a Death

From the prison facility: Death notification/incident report, emergency response timeline, medical emergency logs, surveillance footage if cameras covered the area, “man down” button activation records if applicable, mortality review documentation, and staff statements.

From the GBI Medical Examiner: Death investigation report, autopsy report if performed, toxicology results, and cause and manner of death determination.

From the county coroner: Notification records, inquest proceedings if held, and coroner’s determination.

From Vital Records: Death certificate.

From outside medical providers (if transported): Ambulance run sheets and hospital records.

When Records Are Delayed, Denied, or Missing

Families frequently encounter obstacles when seeking records. Understanding common patterns helps you respond effectively.

Delay vs. Denial

Delay occurs when an agency acknowledges your request but doesn’t provide records promptly. Common reasons include records must be gathered from multiple offices, legal review is required, redactions must be made, or the request is large or complex.

Denial occurs when an agency formally refuses to release records, citing a legal exemption.

These require different responses. Delays may resolve with patience and follow-up. Denials require evaluating whether the cited exemption is valid.

Common Denial Tactics and How to Respond

“That’s confidential” — Ask for the specific statutory citation. Under Georgia law, denials must cite exact code sections.

“That’s protected by HIPAA” — Clarify whether you’re seeking medical records or administrative records. HIPAA doesn’t cover everything related to a medical event.

“That’s an open investigation” — Ask when the investigation is expected to close. Request any portions that can be released. Note that investigations cannot remain “open” indefinitely as a tactic to avoid disclosure.

“We don’t have that” — Ask who does have it. The record may exist with a different agency (GBI, coroner, hospital, Vital Records).

“That’s a state secret” — This is technically correct for inmate files under O.C.G.A. § 42-5-36. Request declassification from the Commissioner, and pursue records from other agencies that aren’t subject to this exemption.

What Silence Usually Means

When you receive no response at all, it typically indicates your request went to the wrong office, staff are uncertain how to respond, the request is being routed internally, or the agency is hoping you’ll give up.

Silence is not a lawful response. After three business days with no acknowledgment, follow up in writing and note that the agency has failed to meet its statutory obligation.

When Records Appear to Be Missing

Sometimes records that should exist cannot be located. This absence is itself significant information.

Records may be missing because they were never created (indicating possible policy violations), they were created but not properly maintained, retention periods have expired, or they have been destroyed (potentially improperly).

Document your request and the agency’s response. The absence of records that should exist may be relevant to future legal proceedings.

The Importance of Parallel Requests

Because prison-related information is fragmented across multiple agencies, effective records-seeking requires parallel requests: request from GDC (facility and central office), request from GBI Medical Examiner (for death cases), request from county coroner, request from outside hospitals (if transport occurred), and request death certificate from Vital Records.

Information from one source may help you formulate better requests to others.

Practical Steps for Requesting Records

Before You Request

First, identify what you need and why—be as specific as possible about the records you’re seeking. Second, determine who likely holds the records using this guide to identify the appropriate agencies. Third, gather supporting information including names, dates, facility, GDC ID number, and incident descriptions. Fourth, decide on your approach: are you seeking records under the Open Records Act, requesting medical records with authorization, or pursuing both simultaneously?

Submitting Your Request

Put it in writing—email or portal submission creates a timestamp and paper trail. Be specific: “All records related to my son” is too broad, while “Incident reports from [date] at [facility] involving [name/GDC#]” is better. Cite the law by referencing the Georgia Open Records Act (O.C.G.A. § 50-18-70) explicitly. Request partial disclosure by asking that exempt portions be redacted and the remainder released. Provide contact information to make it easy for the agency to reach you with questions or cost estimates.

After Submitting

Track your requests by maintaining a log of what you requested, when, from whom, and what response you received. Follow up promptly—if you don’t receive acknowledgment within three business days, follow up in writing. Document everything by saving all correspondence and noting dates and times of phone calls and names of people you speak with. Be persistent but professional—agencies may test whether you’ll give up, and consistent, documented follow-up signals you won’t.

If Problems Arise

Request clarification of denials by asking for specific statutory citations if not provided. Escalate within the agency—if facility staff are unresponsive, contact central office. Consider mediation through the Georgia Attorney General’s Open Government Mediation Program, which offers free assistance. Consult an attorney for significant matters, especially deaths, serious injuries, or potential civil rights violations. Contact advocacy organizations like the Southern Center for Human Rights and ACLU of Georgia, which may provide guidance or assistance.

Key Contacts and Resources

GDC Open Records

GDC General Contacts

GBI Medical Examiner / Open Records

Georgia Vital Records (Death Certificates)

Oversight and Complaints

Key Georgia Laws Referenced

Open Records

  • Georgia Open Records Act: O.C.G.A. § 50-18-70 et seq.
  • Three-day response requirement: O.C.G.A. § 50-18-71(b)(1)(A)
  • Denial requirements: O.C.G.A. § 50-18-71(d)
  • Fees: O.C.G.A. § 50-18-71(c)

Prison Records

  • Confidential state secrets (inmate files): O.C.G.A. § 42-5-36(c)
  • Investigation reports as state secrets: O.C.G.A. § 42-5-36(b)
  • Probation/parole records confidentiality: O.C.G.A. § 42-8-40
  • Parole Board records: O.C.G.A. § 42-9-53

Death Investigation

  • Georgia Death Investigation Act: O.C.G.A. Title 45, Chapter 16
  • Required notification of deaths: O.C.G.A. § 45-16-24
  • Coroner/ME duties after notification: O.C.G.A. § 45-16-25
  • Inquest requirements: O.C.G.A. § 45-16-27
  • Record-keeping requirements: O.C.G.A. § 45-16-32

Vital Records

  • Georgia Vital Records Act: O.C.G.A. Title 31, Chapter 10
  • Death certificates: O.C.G.A. § 31-10-15
  • Access to vital records: O.C.G.A. § 31-10-26

Explore the Data

GPS makes GDC statistics accessible to the public through several resources:

Contact GPS at ~media@gps.press~ for assistance with records requests or to share your experience navigating the system.

Further Reading

About Georgia Prisoners’ Speak (GPS)

Georgia Prisoners’ Speak (GPS) is a nonprofit investigative newsroom built in partnership with incarcerated reporters, families, advocates, and data analysts. Operating independently from the Georgia Department of Corrections, GPS documents the truth the state refuses to acknowledge: extreme violence, fatal medical neglect, gang-controlled dorms, collapsed staffing, fraudulent reporting practices, and unconstitutional conditions across Georgia’s prisons.

Through confidential reporting channels, secure communication, evidence verification, public-records requests, legislative research, and professional investigative standards, GPS provides the transparency the system lacks. Our mission is to expose abuses, protect incarcerated people, support families, and push Georgia toward meaningful reform based on human rights, evidence, and public accountability.

Every article is part of a larger fight — to end the silence, reveal the truth, and demand justice.

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Footnotes
  1. AJC Investigation: Georgia prison system clamps down on information https://www.ajc.com/news/investigations/prisons-transparency/ [↩]
  2. Georgia Code § 42-5-36 https://law.justia.com/codes/georgia/title-42/chapter-5/article-2/section-42-5-36/ [↩]
  3. GBI Medical Examiner’s Office https://dofs-gbi.georgia.gov/departments/medical-examiners-office [↩]
  4. Georgia Death Investigation Act, O.C.G.A. § 45-16-24 https://law.justia.com/codes/georgia/2020/title-45/chapter-16/article-2/section-45-16-24/ [↩]
  5. Georgia Vital Records Act, O.C.G.A. § 31-10-26 https://law.justia.com/codes/georgia/2020/title-31/chapter-10/section-31-10-26/ [↩]
  6. Georgia Open Records Act, O.C.G.A. § 50-18-70 https://law.justia.com/codes/georgia/title-50/chapter-18/article-4/section-50-18-70/ [↩]

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