---
title: O.C.G.A. § 42-8-109.4. Applicability of article to contractors for probation services; requirements for private corporations, private enterprises and private agencies entering into written contracts for services.
collection: code
id: 42-8-109.4
cite_as: O.C.G.A. § 42-8-109.4 (2025)
canonical_url: https://georgiacommons.org/code/42-8-109.4
md_url: https://georgiacommons.org/code/42-8-109.4.md
text_url: https://georgiacommons.org/code/42-8-109.4/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=545
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.
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version: the only printed version
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current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: PENAL INSTITUTIONS / PROBATION / COUNTY AND MUNICIPAL PROBATION
---

# O.C.G.A. § 42-8-109.4. Applicability of article to contractors for probation services; requirements for private corporations, private enterprises and private agencies entering into written contracts for services.

(a) The probation providers standards contained in this Code section shall be met by private corporations, private enterprises, or private agencies that enter into written contracts for probation services under the authority of Code Section 42-8-101. Any private corporation, private enterprise, or private agency which fails to meet the standards established in this subsection shall not be eligible to provide probation services in this state. All private corporations, private enterprises, or private agencies that enter into written contracts for probation services under the authority of Code Section 42-8-101 shall:

(1) Register with DCS;

(2) Meet all requirements as outlined in subsection (b) of Code Section 42-8-107;

(3) Not own or control any finance business or lending institution which makes loans to probationers under its supervision; and

(4) Employ at least one person who is responsible for the direct supervision of private probation officers employed by the corporation, enterprise, or agency and who shall have at least five years’ experience in corrections, parole, or probation services.

(b) The standards contained in this subsection shall be met by all counties, municipalities, or consolidated governments entering into written agreements to provide probation services to any court under the authority of Code Section 42-8-101. Any county, municipality, or consolidated government which fails to meet the standards established in this subsection shall not be eligible to provide probation services. All counties, municipalities, or consolidated governments which enter into written agreements to provide probation services under the authority of Code Section 42-8-101 shall:

(1) Register with DCS;

(2) Meet the requirements of subsection (c) of Code Section 42-8-107; and

(3) Employ at least one person who is responsible for the direct supervision of probation officers and who shall have at least five years’ experience in corrections, parole, or probation services.

## History

Code 1981, § 42-8-108, enacted by Ga. L. 1996, p. 1107, § 7; Ga. L. 2006, p. 727, § 2/SB 44; Code 1981, § 42-8-109.4, as redesignated by Ga. L. 2015, p. 422, § 3-2/HB 310; Ga. L. 2016, p. 443, § 7-12/SB 367.

## Editor's Notes

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.”

In light of the enactment of this Code section, the reader is advised to consult the annotations following Code Section 42-8-108.

## Law Reviews

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

For article on the 2016 amendment of this Code section, see 33 Ga. St. U. L. Rev. 139 (2016).

## Administrative Rules and Regulations

Misdemeanor Probation Oversight Unit, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Department of Community Supervision, Rule 105-2-.01 et seq.