Georgia Commons

Official Code of Georgia Annotated

Title 42. PENAL INSTITUTIONS · Chapter 3. COMMUNITY SUPERVISION AND TRANSITION · Article 3. COMMUNITY SERVICE

42-3-50. Definitions; assignment of community service for personal gain prohibited.

Active

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

  1. (a)

    As used in this article, the term:#

    1. (1)

      “Agency” means any private or public entity or organization that provides services to the public and enhances the social welfare and general well-being of the community. Such term may include educational institutions and religious organizations that are nonprofit corporations or are qualified as tax exempt under 26 U.S.C. Section 501(c)(3), as it existed on March 1, 2018.#

    2. (2)

      “Community service” means uncompensated work by an offender with an agency pursuant to an order by a court as a condition of probation or in lieu of payment of financial obligations imposed by a court.#

    3. (3)

      “Community service officer” means an individual appointed by the court to place and supervise offenders sentenced to community service or educational advancement. Such term includes a paid professional or a volunteer.#

    4. (4)

      “Educational advancement” means attending a work or job skills training program, a preparatory class for a state approved high school equivalency (HSE) diploma, or similar activity.#

  2. (b)

    Except as provided in subsection (c) of this Code section, it shall be unlawful for an agency or community service officer to use or allow an offender to be used for any purpose resulting in private gain to any individual.#

  3. (c)

    Subsection (b) of this Code section shall not apply to:#

    1. (1)

      Work on private property because of a natural disaster; or#

    2. (2)

      An order or direction by the court.#

  4. (d)

    Any person who violates subsection (b) of this Code section shall be guilty of a misdemeanor.#

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, § 42-3-50, enacted by Ga. L. 2015, p. 422, § 1-1/HB 310; Ga. L. 2018, p. 550, § 2-11/SB 407; Ga. L. 2022, p. 168, § 8/SB 397. The 2022 amendment, effective July 1, 2022, substituted “a state approved high school equivalency (HSE)” for “the general educational development (GED)” in paragraph (a)(4).

Law reviews

For article on the 2018 amendment of this Code section, see 35 Ga. St. U. L. Rev. 45 (2018). For annual survey on criminal law, see 70 Mercer L. Rev. 63 (2018).

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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 205 to 206; merge action: carried; file SHA-256 1e701a9ff15b.

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