---
title: O.C.G.A. § 42-3-71. Discretionary release upon application by person charged with felony.
collection: code
id: 42-3-71
cite_as: O.C.G.A. § 42-3-71 (2025)
canonical_url: https://georgiacommons.org/code/42-3-71
md_url: https://georgiacommons.org/code/42-3-71.md
text_url: https://georgiacommons.org/code/42-3-71/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t41-t42-(v29a)-2023-pdf.pdf?sfvrsn=4afea80d_0#page=209
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/42-3.md
previous: https://georgiacommons.org/code/42-3-70.md
next: https://georgiacommons.org/code/42-3-72.md
index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: PENAL INSTITUTIONS / COMMUNITY SUPERVISION AND TRANSITION / PRETRIAL RELEASE AND DIVERSION PROGRAMS
---

# O.C.G.A. § 42-3-71. Discretionary release upon application by person charged with felony.

The court in which a person is charged with a felony for which bond is permissible under the law may, upon the application by the person so charged, at its discretion release the person prior to conviction and upon recognizance to the supervision of a pretrial release or diversion program established and operated by DCS after an investigation and upon recommendation of the staff of the pretrial release or diversion program. In no case, however, shall any person be so released unless after consultation with his or her attorney or an attorney made available to the person if he or she is indigent that person has voluntarily agreed to participate in the pretrial release or diversion program and knowingly and intelligently has waived his or her right to a speedy trial for the period of pretrial release or diversion.

## History

Code 1981, § 42-3-71, enacted by Ga. L. 2015, p. 422, § 1-1/HB 310.