Rule 125-2-4-.08 - Court Production(1) Inmates may be required to appear in court for a variety of reasons. When required to appear in court, an inmate may be placed in the temporary custody of an appropriate United States Marshal, Deputy United States Marshal, Sheriff or Deputy Sheriff. However, the Warden/Superintendent of an institution under the jurisdiction of the State Board of Corrections shall not authorize nor permit the release of an inmate in his custody unless ordered to do so by the Commissioner of the Department of Corrections or his designated representative.(2) When ordered by the Commissioner of the Department of Corrections, the Warden having custody of an inmate who has been ordered to appear by a court order directed to the State Board of Corrections, may place the inmate in the custody of the appropriate United States Marshal, Deputy Marshal, Sheriff or Deputy Sheriff under the following circumstances: (a) Upon receipt of an "ex parte" order issued by the judge of any court of record of Georgia wherein such proceeding is pending, the Warden/Superintendent having custody of the designated inmate may, on the order of the Commissioner, release the inmate on the date stated, to the temporary custody of the Sheriff or Deputy Sheriff of the County in which the inmate is desired as a witness or defendant.(b) Upon receipt of a "Writ Ad Testificandum" or "Writ Ad Prodequendum" issued by the judge of the Federal Court wherein such proceeding is pending, the Warden/Superintendent, who has custody of the designated inmate, may, on order of the Commissioner, release the inmate on the date stated, to the temporary custody of the United States Marshal or Deputy Marshal to be transported to the federal judicial district where the inmate is desired.(c) Upon receipt of an Executive Agreement between the Governor of Georgia and the Governor of another state, the Warden/Superintendent who has custody of the designated inmate may, on the order of the Commissioner, release the inmate on the date stated, to the temporary custody of the Sheriff or Deputy Sheriff, of the County of the State wherein the inmate is desired as a witness or defendant.(d) Upon receipt of an effective production order pursuant to the Uniform Act to Secure the Attendance of Witnesses from Without the State from the Judge having jurisdiction of the inmate named therein, the Warden/Superintendent having custody of the designated inmate shall notify the Department's Offender Administration Division by telephone of the receipt of such order, and shall immediately prepare and forward to this office a confirmation memorandum with a copy of the court order. The Warden/Superintendent may then release such inmate, on the date stated, to the temporary custody of the authorized officer or produce him in the designated court according to the order of the judge, the purpose of the order being for the inmate to appear in another state as a material witness and to testify before a grand jury in a criminal investigation or in court in a criminal action. Upon receipt of the confirming memorandum and a copy of the court order in the Central Office, acknowledgement will be forwarded to the institution.(3) When an inmate is released to the temporary custody of a Sheriff, Deputy Sheriff, United States Marshal, Deputy U.S. Marshal, or other authorized officer or produced by the Warden/Superintendent or a member of the institutional staff, for the purposes outlined in (2)(a), (b), (c), or (d) above, any expense incidental to the production of the inmate in court and his return to the institution from which he was removed or another Georgia institution as specified by the Department, are to be borne by the agency which assumes temporary custody.Ga. Comp. R. & Regs. R. 125-2-4-.08
Ga. Constitution 1983, Art. XI, Sec. I, O.C.G.A. Secs. 42-2-11, 42-5-51, 42-5-53, 42-5-59, 42-10-2, 42-10-92.
Rule entitled "Court Production" adopted as R. 415-2-4-.08. F. Nov. 14, 1984; eff. Dec. 4, 1984, renumbered as R. 125-2-4-.08 of same title. F. June 28, 1985s; eff. July 20, 1985, as specified by the Agency.