Official Code of Georgia Annotated

Title 42. PENAL INSTITUTIONS · Chapter 8. PROBATION · Article 6. COUNTY AND MUNICIPAL PROBATION

42-8-109.1. Public entities and employees conflicts of interest prohibited.

Active

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

(a)
No county, municipality, or consolidated government probation office employee shall engage in any other employment, business, or activity which interferes or conflicts with the employee’s duties and responsibilities under agreements authorized in this article.#
(b)
No county, municipality, or consolidated government probation office employee shall have personal or business dealings, including the lending of money, with probationers under the supervision of such probation office.#
(c)
1. (1)
  No county, municipality, or consolidated government probation office employee shall own, operate, have any financial interest in, be an instructor at, or be employed by any private entity which provides drug or alcohol education services or offers a DUI Alcohol or Drug Use Risk Reduction Program certified by the Department of Driver Services.#
2. (2)
  No county, municipality, or consolidated government that provides probation services through agreement under the provisions of this article nor any employees of such shall specify, directly or indirectly, a particular DUI Alcohol or Drug Use Risk Reduction Program which a probationer may or shall attend. This paragraph shall not prohibit furnishing any probationer, upon request, with the names of certified DUI Alcohol or Drug Use Risk Reduction Programs. Any person violating this paragraph 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, § 42-8-105, enacted by Ga. L. 1995, p. 396, § 2; Ga. L. 2006, p. 727, § 2/SB 44; Code 1981, § 42-8-109.1, as redesignated by Ga. L. 2015, p. 422, § 3-2/HB 310.

Editor's notes

Ga. L. 1995, p. 396, § 4, not codified by the General Assembly, provides in subsection (b): “No local funds shall be used to implement Sections 1 and 2 of this Act without the consent of the local governing authority.” Ga. L. 2015, p. 422, § 6-1/HB 310, not codified by the General Assembly, provides that: “This Act shall become effective July 1, 2015, and shall apply to sentences entered on or after such date.”

Administrative rules and regulations

Limitations on Who Can Operate or be Employed by a Probation Entity, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Department of Community Supervision, Misdemeanor Probation Oversight Unit, Rule 105-2-.07.

Law reviews

For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 231 (2015).

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 541 to 542; merge action: carried; file SHA-256 1e701a9ff15b.

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