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Official Code of Georgia Annotated

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

42-3-116. Finality of hearing officer’s decision; request for review; appeal.

Active

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

  1. (a)

    The hearing officer’s decision shall be final unless the options system probationer files a request for review with the senior hearing officer. A request for review must be filed within 15 days of the issuance of DCS’s decision. Such request shall not stay DCS’s decision. The senior hearing officer shall issue a response within seven days of receipt of the review request.#

  2. (b)

    The senior hearing officer’s decision shall be final unless the options system probationer files an appeal in the sentencing court. Such appeal shall name the commissioner as defendant and shall be filed within 30 days of the issuance of the decision by the senior hearing officer.#

  3. (c)

    This appeal shall first be reviewed by the judge upon the record. At the judge’s discretion, a de novo hearing may be held on the decision. The filing of the appeal shall not stay DCS’s decision.#

  4. (d)

    Where the sentencing judge does not act on the appeal within 30 days of the date of the filing of the appeal, DCS’s decision shall be affirmed by operation of law.#

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, § 42-3-116, enacted by Ga. L. 2015, p. 422, § 1-1/HB 310.

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, page 215; merge action: carried; file SHA-256 1e701a9ff15b.