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Two high-ranking Georgia prison employees charged in sex cases

In an email, GDC spokeswoman Joan Heath said the two men were fired on May 2. She added: “The vast majority of our staff are dedicated to their oath to protect the public, and all those who fail to uphold that oath – regardless of rank. – are immediately dismissed and prosecuted, as evidenced by these two dismissals.

The arrest warrants obtained by the Atlanta Journal-Constitution contain affidavits signed by investigators with the GDC’s Office of Professional Standards that provide limited details in both cases.

Arrest warrants in McMillian’s case state the assistant warden had a “sexual relationship” with a female prisoner and specifically had inappropriate sexual contact with her on Feb. 24 and 25.

The deputy warden in charge of administration at Pulaski State Prison was arrested and fired this month.  He is accused of having sexual contact with a person in police custody.  Pulaski is a women's prison located in Hawkinsville.  (HYOSUB SHIN / HSHIN@AJC.COM)

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McMillian, 44, was arrested at the Hawkinsville Jail and booked into the Pulaski County Jail on May 2, according to jail records. He was released the next day on $10,000 bail.

According to arrest warrants in Clark’s case, the lieutenant allegedly fondled a female prisoner’s breast and kissed her under a dormitory stairwell, an area out of view of prison cameras. Alto. The alleged incident occurred between Feb. 13 and 14, according to arrest warrants.

Clark, 62, was arrested May 1 and booked into the Habersham County Jail early the next day, according to a Habersham County news release. His bond was set at $5,600.

Any sexual contact between staff and inmates is a criminal act under state and federal law, regardless of consent. The laws are similar to those that protect children, people with disabilities, or medical patients. The laws recognize the fact that correctional officers and other prison staff exercise complete control over incarcerated people, creating an imbalance of power in any relationship.

Michele Deitch, an attorney and distinguished lecturer at the LBJ School of Public Affairs at the University of Texas at Austin who directs the school’s Prison and Jail Innovation Lab, said the alleged sexual misconduct of two prison guards prison could signal a larger problem within the GDC.

“There is never an excuse for sexual assault in prison, ever,” she said. “But when you have people at that level, who are ultimately responsible for the safety of the installation and who are well versed in the (laws), it’s beyond unacceptable.”

The arrests come as the prison system faces a civil rights investigation by the U.S. Department of Justice and a severe contempt order from the judge. in a long-running federal case over the state’s “supermax” facility and a state Senate study committee ready to recommend substantial changes to how the system operates.

McMillian did not respond to voice and text messages from the AJC. Efforts to contact Clark were unsuccessful.

McMillian’s arrest raises special questions because he occupied a key position in Pulaski’s hierarchy. As deputy director of administration, he was responsible for oversight of the prison’s business office, property and supply operations, and food service.

McMillian was promoted to the position in Pulaski last August after working as the recreation director at Telfair State Prison, Heath said. Neither position required him to be certified by the state as a GDC correctional officer, she added.

State peace officer certification records show McMillian served as a correctional officer for the Department of Juvenile Justice for nine years. He started the position in 2003 and voluntarily resigned in 2012, records show.

According to peace officer certification records, Clark began working as a correctional officer at Lee Arrendale in 1995 and rose to the rank of lieutenant in 2016.

AJC reporter Carrie Teegardin contributed to this story.