The Warden/Superintendent is charged with the prevention of escapes from his institution. However, no matter how well the institutional personnel are trained or how efficiently the operating procedures are executed, occasional escape attempts will be made and a few inmates will inevitably succeed in achieving temporary freedom. Escapes normally occur without warning. Time is therefore critical and early detection is paramount. The longer the delay between detection of the escape and the initiation of the institutional recapture effort the larger the area of search and the more likely the escapee is to be successful. It is therefore required that each institution create, maintain in a current state, and periodically rehearse escape plans which can be implemented quickly and effectively when needed. The following procedures shall be incorporated in institutional escape plans.
(a) Each official, Correctional Officer, or employee who discovers an escape or suspects an escape attempt is occurring, shall be required to report that fact to the Warden/Superintendent or his designated representative on an urgent basis. The institutional staff shall be alerted and directed to implement applicable portions of their escape plan immediately.(b) Telephone and/or radio communications shall be established and maintained between the institution and appropriate law enforcement agencies including Local Police, Sheriffs Department(s), Department of Public Safety, and the Georgia Bureau of Investigation.(c) The Warden/Superintendent or any Officer specifically designated that responsibility, shall notify and request the assistance of the following agencies immediately and provide law enforcement agencies with adequate details of the escape to enable them to participate effectively in the recapture effort:1. The Local Police Department;2. The Local Sheriff's Department;3. The nearest State Police Unit;4. The Law Enforcement agency where the fugitive is most likely to go (home town, last address, etc.);5. If it is believed that the fugitive may go to Atlanta, the Atlanta Police Department Fugitive Squad, Commissioner or his designee should be notified;6. Notify the Department of Correction by telephone and submit a written report of the escape or attempted escape within twenty-four (24) hours.(d) Consistent with the requirement for continued operation of his institution, the Warden/Superintendent shall assign as many Correctional Officers, including off-duty officers, as possible to implement his escape plan and execute the search. Assistance, if required, should be requested from other nearby institutions on a reciprocating basis.(e) When an escapee is recaptured, the Warden/Superintendent or an Officer designated by him shall promptly so advise the Commissioner or his designee and inform all Law Enforcement agencies who were notified during the execution of the escape and recapture procedures.1. The Warden/Superintendent or a designated Officer shall return the inmate to the institution or accomplish a transfer of the inmate to another institution if so directed by the State Board of Corrections.2. The Warden/Superintendent shall swear out a warrant (or seek an indictment before the Grand Jury) against the inmate charging him (her) with the offense of escape and notify the State Board of Corrections of his action.3. The Warden/Superintendent shall submit a recapture report to the Department of Corrections.(f) An inmate who escapes from an institution under the jurisdiction of the State Board of Corrections shall be reclassified to close security status by the Warden/Superintendent pending definitive actions by the central office. The inmate may be transferred to another institution if security considerations dictate such action.(g) An offender who fails to return to confinement at the exact time specified, after having been released on the condition that he (she) will so return, shall be considered an escapee. If the offender returns within eight (8) hours of the exact time specified for return and proves he (she) did not intentionally fail to return, no charge of escape will be lodged against the offender, and the records of the Department shall reflect the facts so proven.Ga. Comp. R. & Regs. R. 125-3-1-.07
Ga. Constitution 1983, Art. XI, Sec. I, Par. (b); Ga. L. 1972, p. 574 (O.C.G.A. 42-1-2); Ga. L. 1956, pp. 161, 170; 1969, p. 598; 1956, pp. 161, 171 (O.C.G.A. 42-2-11); Ga. L. 1964, pp. 489, 490; 1968, p. 1399 (O.C.G.A. 42-5-51); Ga. L. 1969, p. 602; 1971, pp. 435, 436 (O.C.G.A. 42-5-59); Ga. L. 1972, p. 582; 1973, pp. 1297, 1298, 1199 (O.C.G.A. 42-5-51); Ga. L. 1996, pp. 161, 174 (O.C.G.A. 42-2-11); Ga. L. 1964, pp. 491, 492; 1970, pp. 318, 319 (O.C.G.A. 42-5-53); Ga. L. 1972, p. 838 (O.C.G.A. 42-10-2); Ga. L. 1956, pp. 161, 178 (O.C.G.A. 42-2-11); Ga. L. 1961, pp. 127, 128 (O.C.G.A. 42-5-100); Ga. L. 1964, pp. 495, 496 (O.C.G.A. 42-5-101); Ga. L. 1968, pp. 1399, 1404 (O.C.G.A. 42-5-51); Ga. L. 1976, pp. 949, 952; 1978, pp. 985, 990 (O.C.G.A. 42-5-101); Ga. L. 1983. p. 645 (O.C.G.A. 16-10-52).
Rule, entitled "Fugitive Procedures," filed as Rule 415-3-1-.07 on November 14, 1984; effective December 4, 1984, renumbered as Rule 125-3-1-.07. Filed June 28, 1985; effective July 20, 1985, as specified by the Agency.