SOP_NUMBER: 207.02
TITLE: State Offenders on Private Property
REFERENCE_CODE: IIB03-0002
DIVISION: Facilities Division
TOPIC_AREA: 207 Policy-Facilities Offender Labor/Work Details
EFFECTIVE_DATE: 2025-02-12
WORD_COUNT: 572
POWERDMS_URL: https://public.powerdms.com/GADOC/documents/105993
URL: https://gps.press/sop-data/207.02/

SUMMARY:
This policy governs the use of state offenders for work on private property. Offenders may only work on private property for public works projects where the sole benefit flows to the state or local government, in cases of natural disaster or nuclear emergency, or for specific authorized purposes such as drainage work, fence relocation, illegal dumping removal, or agricultural product donation. Offenders cannot be hired out to private persons or corporations, and private citizens cannot profit from their labor in any way.

KEY_TOPICS: offender labor, private property work, public works projects, offender work details, facility labor programs, natural disaster work, illegal dumping removal, private profit restrictions, Commissioner approval, work agreements

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|2EORGIA DEPARTMENT OF CORRECTIONS<br>Standard Operating Procedures|Col2|Col3|
|---|---|---|
|**Policy Name:**State Offenders on Private Property|**Policy Name:**State Offenders on Private Property|**Policy Name:**State Offenders on Private Property|
|**Policy Number:**207.02|**Effective Date:**02/12/2025|**Page Number:**1 of 2|
|**Authority:**<br>Commissioner|**Originating Division:**<br>Facilities Division|**Access Listing:**<br>Level 1: All Access|


**I.** **Introduction and Summary:**







Under the Rules of the Board of Corrections offenders may work on private property in
situations in which the Commissioner of the Georgia Department of Corrections deems a
project to be a public work, i.e., a project in which the sole benefit flows to the
state/local government, or in the case of a national disaster or a nuclear emergency (Ga.
Comp. R. & Regs. R.: 125-3-5-.05).

Offenders shall not be hired out to private persons or corporations. Offenders may work
on private property in situations in which the Commissioner of GDC deems a project to
be a public works, i.e. a project in which the sole benefit flows to the state, local
government, or in the case of a natural disaster or a nuclear emergency. In no instance
will offenders be used in any capacity or manner whereby a private citizen or group of
private citizens shall profit in any way whatsoever for the work of state offenders.

**II.** **Authority:**

A. Ga. Comp. R. & Regs. R.: 125-3-5-.05.


**III.** **Definitions:**

None.

**IV.** **Statement of Policy and Applicable Procedure:**

A. Offenders may be used in instances where it is necessary to open ditches within

reasonable proximity of a road in order that water be controlled once it has entered
cross drains and in relocating fences where rights-of-ways have been broadened by
state or county authorities. It may be necessary to rebuild these fences if it has been
agreed upon between the property owner and the governing authorities. However,
this is not to be misconstrued as permission, in any manner, to construct new fences
merely for the convenience or profit of a property owner.

B. In counties having problems with illegal dumping of garbage, and in the event the

local health department determines that it is a health hazard, the Warden or
Superintendent of the state or county facility or center, before entering onto the
property to remove the said illegal garbage dump with state offenders/probationers,
should obtain the following:


|2EORGIA DEPARTMENT OF CORRECTIONS<br>Standard Operating Procedures|Col2|Col3|
|---|---|---|
|**Policy Name:**State Offenders on Private Property|**Policy Name:**State Offenders on Private Property|**Policy Name:**State Offenders on Private Property|
|**Policy Number:**207.02|**Effective Date:**02/12/2025|**Page Number:**2 of 2|
|**Authority:**<br>Commissioner|**Originating Division:**<br>Facilities Division|**Access Listing:**<br>Level 1:  All Access|



1. A letter from the local health department;


2. Written permission from the property owner; and


3. Written permission from the Commissioner or designee of the Georgia

Department of Corrections.

C. Wardens or Superintendents of state, county facilities or centers who have

agreements with property owners to remove any type items such as fruits,
vegetables, or any other items to be donated to the facility or county, should have the
following before using state offenders/probationers.

1. A written agreement or contract with the said property owner and the county in

the case of a county facility;

2. Approval from the local Board of Commissioners in the case of a county facility;

and

3. Written permission from the Commissioner or designee of the Georgia

Department of Corrections.

**V.** **Attachments:** None.


**VI.** **Record Retention of Forms Relevant to this Policy:** None.