Notice of Intent to Adopt a Proposed Rule to the Rules of the Georgia Board of Corrections

Commissioner : Brian Owens

Director of Public Affairs : Joan Heath

125-2-1-.14 Retention of Department Issued Weapon

Notice is hereby given that pursuant to the authority set forth below, the Georgia Board of Corrections, (hereinafter "Board") proposes to adopt a new rule to the Rules of the Board of Corrections, Rule 125-2-1-.14 Retention of Department Issued Weapon.

This notice, together with an exact copy of the proposed rule and a synopsis of the proposed rule is being mailed to all persons who have requested, in writing, that they be placed on a mailing list. A copy of this notice, an exact copy of the proposed rule, and a synopsis of the proposed rule may be reviewed during normal business hours of 8:00 a.m. to 4:30 p.m. Monday through Friday, except official State holidays, at the Georgia Department of Corrections, 2 Martin Luther King, Jr., Drive, SE, 8th Floor, East Tower, Atlanta, Georgia 30334. These documents will be available for review on the Georgia Department of Corrections' website (www.gdc.georgia.gov). Copies may be requested by contacting the Board Liaison at 478-992-5258.

A public hearing is scheduled to begin at 10:00 a.m. on December 5, 2013 at the Georgia Department of Corrections, State Offices South at Tift College, 3rd Floor Gibson Hall, 300 Patrol Road, Forsyth, Georgia 31029 to provide the public an opportunity to comment upon and provide input into the proposed rule. At the public hearing anyone may present data, make a statement, comment, or offer a viewpoint or argument whether orally or in writing. Lengthy statements or statements of a considerable technical or economic nature, as well as previously recorded messages, must be submitted for the official record. Oral statements should be concise and will be limited to five (5) minutes per person. Written comments are welcome. Such written comments must be legible and signed, and should contain contact information from the maker (address, telephone and/or facsimile number, etc.). To ensure their consideration, written comments must be received on or before December 2, 2013. Written Comments should be addressed to Simone Juhmi-Greene, Board Liaison, Georgia Department of Corrections, 300 Patrol Road, Forsyth, Georgia 31029. Fax: 478-992-5259.

The proposed rule will be considered for adoption by the Board at its meeting scheduled to begin at 10:00 a.m. on December 5, 2013, at the Georgia Department of Corrections, State Offices South at Tift College, Boardroom, 3rd Floor Gibson Hall, Forsyth, Georgia 31029. The Georgia Board of Corrections has the authority to adopt this rule pursuant to authority contained in O.C.G.A. 42-2-16.

This notice is given in compliance with O.C.G.A. 50-13-4.
Posted November 6, 2013.

SYNOPSIS OF PROPOSED RULE TO THE RULES OF THE BOARD OF CORRECTIONS, CHAPTER 125-2-1 PERSONNEL, RULE 125-2-1-.14 RETENTION OF DEPARTMENT ISSUED WEAPON PURPOSE: The purpose of the proposed rule is to establish the retention of Department issued weapons for certain Department retirees pursuant to O.C.G.A. 42-2-16.

MAIN FEATURES: The main features of this rule are the designation of the individual that approves weapon retention and the identification of whom may retain a weapon. Additionally, the rule provides that standard operating procedures shall be established for the retention of weapons.

PROPOSED RULE TO THE RULES OF THE BOARD OF CORRECTIONS: Rule 125-2-1-.14 Retention of Department Issued Weapon. Employees leaving the service of the Department under honorable conditions who have accumulated 20 or more years of service within the Department as a certified officer shall be entitled as part of such employee's compensation to retain his or her Department issued weapon. The Commissioner shall establish standard operating procedures for retention of weapons for employees of the Department of Corrections who meet the requirements specified above. The Commissioner, or the Commissioner's designee, shall be the approving authority for retention of Department issued weapons. Authority O.C.G.A. 42-2-16