HomeResearch Library › Who Counts as a Victim? Georgia's Statutory Blindness to In-Custody Victimization — Research Foundation
Victim Services & Statutory Definitions

Who Counts as a Victim? Georgia's Statutory Blindness to In-Custody Victimization — Research Foundation

61 Data Points 53 Sources 21 Entities Research Date: May 18, 2026
This GPS research document establishes that Georgia's statutory definition of 'victim' categorically excludes incarcerated people from crime victims' compensation and advocacy, even as federal findings document pervasive constitutional violations including 142 homicides (2018–2023), 635 sexual-abuse allegations in 2022, and deliberate indifference to unsafe conditions across 24 GDC prisons. The document synthesizes foundational ACE science showing incarcerated populations report childhood trauma at multiples of the general-population rate, documents the empirically established victim-offender overlap, and demonstrates that Georgia's Parole Board Office of Victim Services has never publicly addressed in-custody victimization despite the October 2024 DOJ findings. GPS independently tracks 1,797 deaths in GDC custody since 2020.
142 142 homicides in GDC prisons 2018–2023
635 635 sexual-abuse allegations in GDC in 2022
1,056 GDC 2022 PREA report: 1,056 total allegations, 56…
1,797 1,797 deaths in GDC custody since 2020
52.5% GDC CO vacancy rate 52.5% systemwide in 2023
60% GDC CO vacancy rate peaked at 60% in April 2023 w…

Key Findings

The most impactful data from this research collection.

All Data Points

61 verified data points extracted from primary sources.

O.C.G.A. § 17-15-7(c) categorically bars compensation to incarcerated victims Legal fact
O.C.G.A. § 17-15-7(c) provides: 'No award of any kind shall be made under this chapter to a victim injured while confined in any federal, state, county, or municipal jail, prison, or other correctional facility' — a categorical statutory bar that ex…
legal policy victims
O.C.G.A. § 17-17-3(11) excludes incarcerated surviving relations from victim definition Legal fact
O.C.G.A. § 17-17-3(11) defines 'victim' for the Crime Victims' Bill of Rights and expressly excludes any surviving relation who is 'in custody for an offense' from the universe of recognized secondary victims, creating a textual barrier that removes…
legal policy victims
DOJ finds Georgia deliberately indifferent to Eighth Amendment violations Finding
The October 1, 2024 U.S. Department of Justice findings letter concluded the State of Georgia is 'deliberately indifferent' to Eighth Amendment violations documented across 24 GDC prisons, including failures to protect incarcerated people from viole…
violence legal investigations conditions
142 homicides in GDC prisons 2018–2023 Statistic
Over the six-year period from 2018 through 2023, GDC reported a total of 142 homicides in its prisons, with 48 in the first three years and a 95.8% increase in the latter three years, with 94 homicides.
142 homicides
violence death investigations
95.8% increase in GDC homicides between first and second halves of 2018–2023 Trend
GDC homicides increased 95.8% from 48 in the first three years (2018–2020) to 94 in the latter three years (2021–2023).
violence death trend
635 sexual-abuse allegations in GDC in 2022 Statistic
GDC reported 635 sexual-abuse allegations in 2022 (the most recent year for which a systemwide PREA report is available), 639 in 2021, 702 in 2020, and 653 in 2019.
635 sexual-abuse allegations
violence conditions investigations
GDC 2022 PREA report: 1,056 total allegations, 56 substantiated Statistic
GDC's own 2022 PREA report documented 1,056 total allegations with only 56 substantiated.
1,056 PREA allegations vs. substantiated
violence conditions policy
1,797 deaths in GDC custody since 2020 Statistic
Georgia Prisoners' Speak has compiled the most comprehensive mortality database for the state, tracking 1,797 deaths in GDC custody since 2020.
1,797 deaths
death conditions
GDC CO vacancy rate 52.5% systemwide in 2023 Statistic
GDC's average CO vacancy rate was 49.3% in 2021, 56.3% in 2022, and 52.5% in 2023.
52.5%
staffing conditions
GDC CO vacancy rate peaked at 60% in April 2023 with 2,800+ vacant positions Statistic
Between 2018 and 2023, GDC staffing levels fell precipitously, reaching a systemwide CO vacancy rate of 60% in April 2023, with over 2,800 vacant officer positions. Twelve prisons had vacancy rates above 70%.
60% vs. vacant officer positions
staffing conditions
Georgia homicide rate in prisons nearly triple national average in 2019 Statistic
The national average homicide rate in state prisons across the country for 2019 was 12 per 100,000 people. Georgia's rate in 2019 was almost triple, at 34 per 100,000 people.
34 per 100,000 people vs. national average per 100,000
violence death
18 confirmed or suspected homicides in first five months of 2024 Statistic
In the first five months of 2024, there were 18 confirmed or suspected homicides in GDC custody.
18 homicides
violence death
DOJ: GDC fails to protect LGBTI incarcerated people Finding
The DOJ found that the State fails to adequately protect people who are lesbian, gay, bisexual, transgender, and intersex (LGBTI) from a substantial risk of serious harm from sexual violence and abuse by staff and other incarcerated people. Gangs th…
violence conditions legal
DOJ: Parole Board functions only as passive PREA reporting entity Finding
The DOJ findings report (p. 12) notes that the Parole Board functions only as a passive 'reporting entity for sexual abuse allegations,' not as a victim-services provider to incarcerated people.
policy legal violence
Parole Board has issued zero press releases addressing in-custody victimization Data gap
Board press releases addressing in-custody victimization (deaths, sexual abuse by staff, DOJ findings): zero documented as of May 18, 2026. The Parole Board's Office of Victim Services has never publicly addressed any in-custody victimization.
policy victims
Felitti et al. ACE study: 4+ ACEs dramatically elevate risk Statistic
Felitti et al. (1998) cohort: N = 9,508; people with ≥4 ACEs were 4.6× more likely to have used illicit drugs, 7.4× more likely to consider themselves alcoholic, and 12.2× more likely to have attempted suicide.
9,508 participants
mental_health drugs
4+ ACEs: 4.6x more likely to have used illicit drugs Statistic
People with ≥4 ACEs were 4.6 times more likely to have used illicit drugs compared to those with zero ACEs.
4.6x times more likely vs. zero ACEs
drugs mental_health
4+ ACEs: 12.2x more likely to have attempted suicide Statistic
People with ≥4 ACEs were 12.2 times more likely to have attempted suicide compared to those with zero ACEs.
12.2x times more likely vs. zero ACEs
mental_health death
63.9% of U.S. adults report at least one ACE Statistic
Swedo et al. (CDC MMWR, 2023): 63.9% of U.S. adults report ≥1 ACE; 17.3% report ≥4 ACEs.
63.9% vs. percent reporting 4+ ACEs
mental_health demographics
Hughes meta-analysis: 4+ ACEs yield OR 30.14 for attempted suicide Statistic
Hughes et al. (2017): adults with ≥4 ACEs had OR = 7.51 (95% CI 5.7–9.9) for interpersonal violence perpetration and OR = 30.14 (95% CI 16.5–55.0) for attempted suicide.
30.1 odds ratio for attempted suicide vs. odds ratio for violence perpetration
mental_health violence
Reavis: male offenders' mean ACE score ~4x normative male sample Statistic
Reavis et al. (2013) found that male offenders reported a mean ACE score of 3.7, approximately four times the male normative sample, with eight of ten ACE categories significantly elevated.
3.7 mean ACE score vs. ~4x male normative sample
mental_health demographics
Messina/Grella: incarcerated women 45.1% childhood sexual abuse Statistic
Messina and Grella (2006) found that incarcerated women reported childhood physical abuse at 30.6% and childhood sexual abuse at 45.1% — multiples of the general-population rates.
45.1% vs. percent childhood physical abuse
mental_health violence demographics
Wolff: 44.7% of male inmates report childhood physical victimization Statistic
Wolff and colleagues at Rutgers documented childhood physical victimization rates of 44.7% in a male prisoner sample of approximately 4,100 men.
44.7%
violence mental_health
Baglivio: 50% of juvenile justice youth had 4+ ACEs vs 13% in Kaiser sample Statistic
Baglivio et al. (2014) found that 50% of justice-involved youth reported ≥4 ACEs vs. 13% in the Kaiser sample, and justice-involved youth were 13× less likely than the Kaiser cohort to report zero ACEs.
50% vs. percent in Kaiser sample
mental_health demographics
BJS Harlow: ~50% of women in state prison report prior abuse Statistic
BJS Harlow (1999): approximately 50% of women in state prison and approximately 16% of men report prior physical or sexual abuse (widely understood to be underestimates).
50% vs. percent of men reporting prior abuse
violence demographics
BJS NIS-4: 4.1% sexual victimization rate in adult prisons Statistic
The most recent BJS National Inmate Survey (NIS-4, 2023–24, released December 2025) found that 4.1% of adult prison inmates reported sexual victimization during the prior year — 2.3% by another inmate, 2.2% by facility staff.
4.1%
violence conditions
BJS SSV: 38,132 sexual victimization allegations nationally in 2019 Statistic
BJS Survey of Sexual Victimization: 38,132 sexual victimization allegations reported by correctional administrators nationally in 2019; 36,264 in 2020.
38,132 allegations vs. allegations in 2020
violence conditions
Wolff: 35.3% of male residents reported physical victimization in past 6 months Statistic
Wolff et al. found 35.3% of male incarcerated people reported physical victimization and 10.3% reported sexual victimization perpetrated by another resident or staff member within a 6-month window — rates approximately 10× the community victimizatio…
35.3% vs. percent sexual victimization in 6 months
violence conditions
Hagan: 28% of recently released individuals screen positive for PTSD Statistic
Hagan et al. (2018) found that 28% of recently released individuals screened positive for PTSD symptoms, rising to 43% among those with solitary-confinement exposure.
28% vs. percent with solitary history
mental_health solitary reentry
ASJ: Crime victims prefer rehabilitation over prison by 3-to-1 margin Statistic
The Alliance for Safety and Justice's Crime Survivors Speak 2022 survey found that by a margin of 3 to 1, victims prefer holding people accountable through options beyond just prison, such as rehabilitation, mental health treatment, drug treatment, …
3 to 1 margin
policy victims reentry
ASJ 2016: Over 60% of people victimized by crime in past decade Statistic
ASJ Crime Survivors Speak 2016: Over 60% of people have been crime victims in the past decade; half of those were victims of violent crime.
60%
violence victims
Sered: Only 45% of violent victimizations reported to police in 2017 Statistic
Sered (2019), citing BJS data: in 2017, only 45% of violent victimizations were reported to police and only 8% of victims received any form of help from any public or private victim-services agency.
45% vs. percent receiving help from victim-services agency
violence victims
Sered: Nearly everyone who has committed harm has survived it Quote
Danielle Sered, in Until We Reckon (2019), synthesizes the criminological literature: 'nearly everyone who has committed harm has survived it, and few have received any formal support to heal.'
violence victims mental_health
Torrey/TAC: 3x more seriously mentally ill in jails/prisons than hospitals Statistic
Torrey/TAC (2010): More than three times more seriously mentally ill persons are in jails and prisons than in hospitals; 16% of inmates have serious mental illness vs. 6.4% in a similar 1983 study.
16% vs. percent in 1983 study
mental_health conditions
Skiba: Black students 3.5x more likely to be suspended Statistic
Skiba et al. (2011): Black students 3.5× more likely to be suspended than White students, controlling for socioeconomic status and infraction.
3.5x times more likely vs. compared to White students
demographics policy
Black male lifetime imprisonment risk peaked at 35.3% Statistic
Pettit & Western (2004) / Robey et al. (2023): Black male lifetime imprisonment risk peaked at 35.3% for the 1975–79 birth cohort.
35.3%
demographics
Georgia racial disparity: Black Georgians 33% of population but 60.38% of prisoners Statistic
Black Georgians are 33% of the state population but 60.38% of the prison population and approximately 72% of lifers.
60.4% vs. percent of state population
demographics
OVS founded 2005; expanded 2015 Policy
The Georgia Office of Victim Services (OVS) was formed in 2005 when the Parole Board and Georgia Department of Corrections combined their victim-services offices and expanded in 2015 to include the Department of Community Supervision.
policy victims
Victims Visitors' Days: 4,000+ victims since 2006 Statistic
Victims Visitors' Days: 'more than 4,000 victims' attended face-to-face meetings since 2006 (Board figure).
4,000 victims attended (minimum)
policy victims
Victim Impact Sessions: 9 sessions statewide in FY 2024 Statistic
Victim Impact Sessions were implemented in FY 2022; nine sessions were held statewide in FY 2024.
9 sessions
policy victims
Marsy's Law elevated victim rights to constitutional status in Georgia Legal fact
The 2018 passage of SB 127 / SR 146 (effective January 1, 2019) elevated the rights articulated in O.C.G.A. § 17-17 to constitutional status under Article I, § I, Paragraph XXX of the Georgia Constitution — but did not extend the definition of 'vict…
legal policy victims
Crime Victims Compensation Program pays ~$11-14M per year, $0 to incarcerated victims Statistic
The Crime Victims Compensation Program administered by Georgia's Criminal Justice Coordinating Council typically pays approximately $11–14 million per year in awards, but $0 of that is paid to incarcerated victims by statutory bar.
$0.00 vs. approximate annual total awards (max)
budget legal victims
No Georgia-specific ACE study of GDC population Data gap
No Georgia-specific systematic ACE prevalence study of GDC's adult population has been published. Bureau of Justice Statistics has not conducted a Georgia-specific ACE-screened survey.
mental_health demographics
No facility-level NIS-4 PREA data released for Georgia Data gap
Facility-level NIS-4 PREA prevalence data has not yet been released for Georgia specifically. PREA administrative-record substantiation rates underrepresent actual victimization because they depend on a complaint pipeline GPS has independently docum…
violence conditions
GDC does not publicly release cause-of-death information Data gap
GDC does not publicly release cause-of-death information; all GPS classifications are reconstructed from independent reporting.
death conditions
DOJ has not yet filed CRIPA enforcement litigation against Georgia Data gap
DOJ has not yet filed CRIPA enforcement litigation against Georgia as of May 18, 2026.
legal investigations
No Georgia-specific replication of Crime Survivors Speak survey Data gap
No Georgia-specific replication of Crime Survivors Speak has been conducted. Georgia's Criminal Justice Coordinating Council has not published comparable preference data for Georgians.
victims policy
Parole Board mission includes protecting victims' rights but silent on in-custody harm Quote
The Board's mission, verbatim: 'To serve the citizens of Georgia by exercising the constitutional authority of executive clemency through informed decision-making, thereby ensuring public safety, protecting victims' rights, and providing opportuniti…
policy victims
ACE framework gap: original inventory from predominantly white middle-class population Methodology note
The original ACE inventory was developed in a predominantly white, middle-class HMO population; community-violence exposure, racial discrimination, and poverty are not directly captured.
mental_health demographics
Victim-offender overlap established as empirical regularity Finding
Lauritsen, Sampson, and Laub's foundational criminological work (1991) established the 'victim-offender overlap' — the empirical regularity that the same individuals appear in both categories at rates far higher than chance.
violence victims
Federal Crime Victims' Rights Act also excludes incarcerated persons in practice Legal fact
The federal Crime Victims' Rights Act (18 U.S.C. § 3771) defines 'crime victim' as 'a person directly and proximately harmed as a result of the commission of a Federal offense' and excludes incarcerated victims in practice.
legal victims
No bill introduced in past 5 sessions to amend Georgia victim definition for incarcerated persons Data gap
No bill has been introduced in the past five sessions of the Georgia General Assembly to amend the definition of 'victim' to include incarcerated persons.
legal policy victims
GDC year-by-year homicide totals 2018-2023 Statistic
DOJ documented GDC homicides year-by-year: 2018: 7, 2019: 13, 2020: 28, 2021: 28, 2022: 31, 2023: 35.
violence death
Rita Rocker appointed Director of OVS September 2020 Case detail
Director of OVS: Rita Rocker, Deputy Executive Director of the Board, appointed September 2020.
policy victims
DOJ quote: State is deliberately indifferent to unsafe conditions Quote
DOJ findings (p. 3): 'The State is deliberately indifferent to these unsafe conditions. The constitutional violations are exacerbated by serious deficiencies in staffing and supervision…The State has known about the unsafe conditions for years and h…
conditions staffing legal
GDC sexual abuse allegations 2019-2022 trend Trend
GDC reported 653 sexual-abuse allegations in 2019, 702 in 2020, 639 in 2021, and 635 in 2022.
violence conditions
Parole Board does not publish OVS budget, notification volume, or staffing Data gap
The Parole Board does not publish a dedicated OVS budget line, annual victim-notification volume, or staffing headcount on its public-facing pages.
policy budget victims
Georgia BRFSS ACE module data not consistently published Data gap
Georgia's most recent BRFSS ACE module data is not consistently published.
mental_health demographics
Childhood trauma established as dose-response driver of incarceration Finding
Childhood trauma is a primary, replicated, dose-response driver of later incarceration. Established by Felitti et al. (1998) and replicated by Hughes et al. (2017), Reavis et al. (2013), Baglivio et al. (2014), and Messina & Grella (2006) across gen…
mental_health
Georgia's official victim apparatus structurally blind to in-custody victimization Finding
Georgia's official victim-advocacy apparatus is structurally blind to in-custody victimization as a matter of statute, agency practice, and federal finding. This is documented by the DOJ October 2024 findings letter, O.C.G.A. § 17-15-7(c)'s categori…
policy legal victims violence
GDC CO vacancy rate trend 2021-2023 Trend
GDC's average CO vacancy rate was 49.3% in 2021, 56.3% in 2022, and 52.5% in 2023, with the rate peaking at 60% in April 2023.
staffing conditions

Sources

53 cited sources backing this research.

Primary Legislation
U.S. Code (Jan 1, 2004)
Primary Official report
Georgia Department of Corrections (Jan 1, 2022)
Primary Official report
U.S. Centers for Disease Control and Prevention
Primary Official report
Georgia State Board of Pardons and Paroles (Jan 1, 2022)
Primary Official report
Georgia State Board of Pardons and Paroles (Jan 1, 2024)
Primary Official report
Alliance for Safety and Justice — Alliance for Safety and Justice (Sep 1, 2024)
Primary Official report
Alliance for Safety and Justice — Alliance for Safety and Justice (Jan 1, 2016)
Primary Official report
U.S. Department of Justice Civil Rights Division (Oct 1, 2024)
Secondary Official report
Prosecuting Attorneys' Council of Georgia
Primary Official report
Criminal Justice Coordinating Council
Primary Official report
Georgia State Board of Pardons and Paroles
Primary Gps original
GPS Mortality Database
Georgia Prisoners' Speak
Primary Press release
U.S. Department of Justice (Oct 1, 2024)
Primary Official report
Equal Justice Initiative — Equal Justice Initiative (Jan 1, 2017)
Primary Official report
Georgia State Board of Pardons and Paroles
Primary Official report
Torrey EF, Kennard AD, Eslinger D, Lamb HR, Pavle J — Treatment Advocacy Center and National Sheriffs' Association (May 1, 2010)
Primary Official report
Alliance for Safety and Justice — Alliance for Safety and Justice (Jan 1, 2022)
Primary Legislation
Official Code of Georgia Annotated (Jan 1, 2020)
Primary Official report
Equal Justice Initiative — Equal Justice Initiative (Jan 1, 2020)
Secondary Official report
Treatment Advocacy Center (Jan 1, 2023)
Primary Official report
Bureau of Justice Statistics (Dec 9, 2025)
Primary Official report
Bureau of Justice Statistics (Jan 1, 2022)
Primary Official report
Equal Justice Initiative — Equal Justice Initiative (Jan 1, 2018)
Primary Academic
Stuart Grassian — Washington University Journal of Law & Policy (Jan 1, 2006)
Primary Official report
Georgia State Board of Pardons and Paroles

Key Entities

Organizations, people, facilities, and other named entities referenced in this research.

Alliance for Safety and Justice [organization]
Bureau of Justice Statistics [organization]
CDC [organization]
Common Justice [program]
Criminal Justice Coordinating Council [organization]
Danielle Sered [person]
Equal Justice Initiative [organization]
Georgia Crime Victims Compensation Program [program]
Georgia Department of Corrections [organization]
Georgia General Assembly [organization]
Georgia Office of Victim Services [organization]
Georgia Prisoners' Speak [organization]
Georgia State Board of Pardons and Paroles [organization]
Marsy's Law (Georgia) [legislation]
O.C.G.A. § 17-15-7(c) [legislation]
O.C.G.A. § 17-17-3 [legislation]
Prevention Institute [organization]
Rita Rocker [person]
The GDC Accountability Project, Inc. [organization]
Treatment Advocacy Center [organization]
U.S. Department of Justice [organization]

Related Topics

Research topics that draw on data from this collection.

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Legal Standards & Case Law
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2,738 data points
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2,467 data points
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2,492 data points
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