SOP 213.06: Detainee Court Productions

Division:
Facilities Division (Secure Alternative Centers)
Effective Date:
December 26, 2019
Reference Code:
IIE02-0005
Topic Area:
213 Policy-Probation Detention Center
PowerDMS:
View on PowerDMS
Length:
551 words

Summary

This policy establishes procedures for releasing detainees from Probation Detention Centers and Probation Boot Camps to appear in court. A certified court production order must be provided at least 24 hours before pickup, and the detainee may only be released to a Sheriff, Deputy Sheriff, U.S. Marshal, or other authorized agent who presents proper identification and documentation. Detention center staff must complete required paperwork tracking the detainee's release and return.

Key Topics

  • court production
  • detainee release
  • court appearance
  • court order
  • custody transfer
  • sheriff
  • U.S. Marshal
  • probation detention center
  • certified court order
  • detainee transport

Full Text

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Detainee Court Productions|Policy Name:Detainee Court Productions|Policy Name:Detainee Court Productions|
|Policy Number: 213.06|Effective Date: 12/26/2019|Page Number: 1 of 3|
|Authority:
Commissioner
|Originating Division:
Facilities Division
(Secure Alternative Centers)|Access Listing:
Level I: All Access
|

I. Introduction and Summary:

The Superintendent of a Probation Detention Center or Probation Boot Camp shall be
granted authority, as the Commissioner’s designee, to permit the release of a detainee
in his or her custody. When required to appear in court, a detainee may be placed in
the temporary custody of an appropriate United States Marshall, Deputy United States
Marshall, Sheriff or Deputy Sheriff.

II. Authority:

A. Georgia Department of Corrections Board Rule: 135-2-4-.08; and

B. ACA Standard: 4-ALDF-6A-01.

III. Definitions:

None.

IV. Statement of Policy and Applicable Procedures:

A. This policy is applicable to all Detention Centers housing detainees under the

jurisdiction of the Georgia Department of Corrections.

1. A detainee will not be produced in court nor released into the custody of a:

a. Sheriff;

b. Deputy Sheriff;

c. U.S. Marshall; or

d. Other agent without first receiving a certified copy of a court production

order.

2. A certified copy of an order to produce the detainee in court should be provided

at least twenty-four (24) hours in advance of the requested pick up time;

3. Each order should indicate:

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Detainee Court Productions|Policy Name:Detainee Court Productions|Policy Name:Detainee Court Productions|
|Policy Number: 213.06|Effective Date: 12/26/2019|Page Number: 2 of 3|
|Authority:
Commissioner
|Originating Division:
Facilities Division
(Secure Alternative Centers)|Access Listing:
Level I: All Access
|

a. Jurisdiction;

b. Docket number; and

c. Date of appearance.

4. The order should be issued by:

a. A judge, with appropriate jurisdiction (i.e.: Superior U.S. District Court);

and

b. Certified by the Clerk’s office.

5. If possible, the order should also include:

a. The requested individual’s race; and

b. Date of birth.

6. The order must also indicate into whose custody the detainee shall be released

(i.e.: Sheriff, U.S. Marshall);

7. Scan and email the certified court production order to:

a. court.productionorders@gdc.ga.gov; or

b. Fax may be sent to 770-504-7304 if the seal can be seen on the faxed
copy received by the facility.

8. The agent picking up the detainee should:

a. Have a copy of the court production order; and

b. The appropriate identification in order to assume custody of the detainee.

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Detainee Court Productions|Policy Name:Detainee Court Productions|Policy Name:Detainee Court Productions|
|Policy Number: 213.06|Effective Date: 12/26/2019|Page Number: 3 of 3|
|Authority:
Commissioner
|Originating Division:
Facilities Division
(Secure Alternative Centers)|Access Listing:
Level I: All Access
|

9. The facility must complete the top portion of Attachment 1, which will be kept

in the ID Room or Count Clerk’s office until the detainee returns. Upon return
of the detainee, the bottom portion must be completed.

V. Attachments:

Attachment 1: Order for Production of Detainee in Court

VI. Record Retention of Forms Relevant to this Policy:

Upon completion, Attachment 1 will be placed in the detainee’s institutional file and
the file shall be maintained according to the official retention schedule for that file.

Attachments (1)

  1. Order for Production of Detainee in Court (108 words)
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