O.C.G.A. § 42-5-18

Items prohibited for possession by inmates; warden’s authorization; penalty; use of unmanned aircraft to accomplish violations

General Provisions

(a) As used in this Code section, the term: (1) 'Inmate' means a prisoner, detainee, criminal suspect, immigration detainee, or other person held, incarcerated, or detained in a place of incarceration, whether or not such person is inside or outside of such place of incarceration. (2) 'Place of incarceration' means any prison, probation detention center, jail, or institution, including any state, federal, local, or privately operated facility, used for the purpose of incarcerating criminals or detainees. (3) 'Telecommunications device' means a device, an apparatus associated with a device, or a component of a device that enables, or may be used to enable, communication with a person outside a place of incarceration, including a telephone, cellular telephone, personal digital assistant, transmitting radio, or computer connected or capable of being connected to a computer network, by wireless or other technology, or otherwise capable of communicating with a person or device outside of a place of incarceration. (4) 'Unmanned aircraft system' shall have the same meaning as set forth in Code Section 6-1-4. (4)(5) 'Warden or superintendent' means the commissioner or any warden, superintendent, sheriff, chief jailer, or other person who is responsible for the overall incarceration." management and operation of a place of "(f)(1) It shall be unlawful for any person to knowingly and intentionally operate, or allow another to operate from his or her property, an unmanned aircraft system section.: (2)(A) To violate the provisions of subsection (b) or (b.1) of this Code section offense; H. B. 1230 - - LC 0073S/AP (B) To photograph or record images or videos of a place of incarceration for purposes of committing a criminal offense; (C) Above a place of incarceration; or (D) Above a place of incarceration from his or her property. (2) Prior authorization from the warden or the superintendent, or his or her designated representative, to photograph or record a place of incarceration with an unmanned aircraft system may serve as evidence of a noncriminal intent; provided, however, that failure to secure such prior authorization shall not evidence a criminal intent. (3) Any person who commits or attempts to commit a violation of this subsection shall be guilty of a felony and, upon conviction thereof, shall be sentenced as follows: (A) Any person convicted of a violation subparagraph (A) of paragraph (1) of this subsection shall be imprisoned for not less than one nor more than ten years; and (B) Any person convicted of a violation of subparagraph (B) or (C) paragraph (1) of this subsection shall be imprisoned for not less than five nor more than ten years. (4) Unmanned aircraft systems operated in violation of this subsection are declared to be contraband and may be seized, taken, removed, or destroyed or disposed of by law enforcement at the expense of the owner thereof 6-1-4. (5) A law enforcement officer or agency may take reasonable and necessary mitigation measures against an unmanned aircraft system operating over of a place of incarceration for the purposes of committing a criminal offense. Such measures may include, but shall not be limited to: H. B. 1230 - - LC 0073S/AP (A) The use of methods which detect, track, and identify unmanned aircraft systems; or (B) Intercepting, disabling, neutralizing, or disrupting an unmanned aircraft system through the use of legal and safe methods including, but not limited to, jamming, hacking, or physical capture. (6) A law enforcement officer or agency shall act pursuant to this subsection only if there is reasonable suspicion that the unmanned aircraft system operating above a place of incarceration is involved in criminal activity, poses an imminent threat to public safety, or is otherwise in violation of state or federal law. (7) Provisions of this subsection shall not apply to: (A) The operation of an unmanned aircraft system by an operator who is in compliance with federal regulations or who is a peace officer operating such system for a law enforcement or public safety purpose; or (B) An employee of a water, sewer, electrical, telephone, cable, or other regulated employment.

(b) It shall be unlawful for any person to obtain for, to procure for, or to give to an inmate a gun, pistol, or any other weapon; any intoxicating liquor; amphetamines, biphetamines, or any other hallucinogenic drugs or other drugs, regardless of the amount; any telecommunications device; or any other article or item without the authorization of the warden or superintendent or his or her designee.

(b.1) It shall be unlawful for any person to obtain for, to procure for, or to give to an inmate tobacco or any product containing tobacco without the authorization of the warden or superintendent or his or her designee.

(c) It shall be unlawful for an inmate to possess a gun, pistol, or any other weapon; any intoxicating liquor; tobacco or any product containing tobacco; amphetamines, biphetamines, or any other hallucinogenic drugs or other drugs, regardless of the amount; a telecommunications device; or any other item without the authorization of the warden or superintendent or his or her designee.

(d) (1) An inmate who commits or attempts to commit a violation of subsection (c) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one nor more than five years; provided, however, that, if an inmate violates this Code section while being held pursuant to an arrest or conviction for a misdemeanor offense, the possession of a telecommunications device in violation of this Code section shall be treated as a misdemeanor. (2) Except as otherwise provided in paragraph (4) of this subsection, any person who commits or attempts to commit a violation of subsection (b) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be sentenced to a term of imprisonment of ten years. (3) Except as otherwise provided for in paragraph (4) of this subsection, any person who commits or attempts to commit a violation of subsection (b.1) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one nor more than five years. (4) An employee or contractor of the department who commits or attempts to commit a violation of subsection (b) or (b.1) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be sentenced to a term of imprisonment of ten years.

(e) (1) It shall be unlawful for an inmate to possess a stored value card, the account number of a stored value card, or the personal identification number of a stored value card. (2) It shall be unlawful for any person to obtain for, to procure for, or to give an inmate a stored value card, the account number of a stored value card, or the personal identification number of a stored value card. (3) A person who commits a violation of this subsection shall be guilty of a felony and, upon conviction thereof, shall be sentenced to a term of imprisonment of not less than one nor more than ten years, unless the judge imposes a misdemeanor sentence pursuant to Code Section 17-10-5.

History. Ga. L. 1976, p. 1506, § 2; Ga. L. 1984, p. 593, § 1; Ga. L. 2008, p. 533, § 1/SB 366; Ga. L. 2016, p. 811, § 8/HB 874; Ga. L. 2017, p. 673, § 3-3/SB 149; Ga. L. 2018, p. 1112, § 42/SB 365; Ga. L. 2019, p. 293, § 1/SB 6; Ga. L. 2020, p. 493, § 42/SB 429; Ga. L. 2024, p. 514, § 1/SB 159, effective July 1, 2024.

Published by Georgia Prisoners’ Speak from the Official Code of Georgia Annotated. This is the text of the law, not legal advice. Verify anything you intend to rely on against the official code.

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