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Official Code of Georgia Annotated

Title 42. PENAL INSTITUTIONS · Chapter 3. COMMUNITY SUPERVISION AND TRANSITION · Article 6. PROBATION MANAGEMENT

42-3-115. Authorization to impose administrative sanctions; petition; hearing; administrative proceeding.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    If an options system probationer violates the conditions of probation, DCS may impose administrative sanctions as an alternative to judicial modification or revocation of probation.#

  2. (b)

    Upon issuance of a petition outlining the alleged probation violations, the chief community supervision officer, or his or her designee, may conduct a hearing to determine whether an options system probationer has violated a condition of probation. If the chief community supervision officer determines that the probationer has violated a condition of probation, the chief community supervision officer shall be authorized to impose sanctions consistent with paragraphs (4) through (6) of subsection (c) of Code Section 42-3-113. The failure of an options system probationer to comply with a sanction imposed by the chief community supervision officer shall constitute a violation of probation.#

  3. (c)
    1. (1)

      Upon issuance of a petition outlining the alleged probation violations, the hearing officer may initiate an administrative proceeding to determine whether an options system probationer has violated a condition of probation. If the hearing officer determines by a preponderance of the evidence that the probationer has violated a condition of probation, the hearing officer may impose sanctions consistent with Code Section 42-3-113.#

    2. (2)

      The administrative proceeding provided for under this subsection shall be commenced within 15 days but not less than 48 hours after notice of the administrative proceeding has been served on the probationer. The administrative proceeding may be conducted electronically.#

  4. (d)

    The failure of a probationer to comply with the sanction or sanctions imposed by the chief community supervision officer or hearing officer shall constitute a violation of probation.#

  5. (e)

    An options system probationer may at any time waive a hearing and voluntarily accept the sanctions proposed by DCS.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 42-3-115, enacted by Ga. L. 2015, p. 422, § 1-1/HB 310; Ga. L. 2016, p. 864, § 42/HB 737.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t41-t42-(v29a)-2023-pdf.pdf, Volume V29A, 2023 edition, pages 214 to 215; merge action: carried; file SHA-256 1e701a9ff15b.