Title 42. PENAL INSTITUTIONS · Chapter 8. PROBATION · Article 2. STATE-WIDE PROBATION SYSTEM
42-8-33. Audits of accounts of officers; records and reports of audits; bonds of auditors; refunding overpayment of fines, restitutions, or moneys owed.
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
- (a)
DCS shall make periodic audits of each officer who, by virtue of the officer’s duties, has any moneys, fines, court costs, property, or other funds coming into the officer’s control or possession or being disbursed by such officer. DCS shall keep a permanent record of the audit of each officer’s accounts on file. It shall be the duty of the employee of DCS conducting the audit to notify DCS in writing of any discrepancy of an illegal nature that might result in prosecution. DCS shall have the right to interview and make inquiry of certain selected payors or recipients of funds, as it may choose, without notifying the officer, to carry out the purposes of the audit. The employee who conducts the audit shall be required to give bond in such amount as may be set by DCS, in the same manner and for the same purposes as provided under Code Section 42-8-26 for the bonds of officers. The bond shall bind the employee and the employee’s surety in the performance of the employee’s duties.#
- (b)
Any overpayment of fines, restitutions, or other moneys owed as a condition of probation shall not be refunded to the probationer if the amount of the overpayment is less than $5.00.#
History
Ga. L. 1960, p. 1092, § 2; Ga. L. 1965, p. 413, § 5; Ga. L. 1967, p. 86, § 5; Ga. L. 1972, p. 604, § 13; Ga. L. 1987, p. 452, § 1; Ga. L. 2015, p. 422, § 4-1/HB 310.
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.”
Code Commission notes
Pursuant to Code Section 28-9-5, in 1987, “overpayment” was twice substituted for “over-payment” in subsection (b).
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 402 to 403; merge action: carried; file SHA-256 1e701a9ff15b.
Ask about this section
The answer is drawn from this section and, when they fit, the other sections of its chapter. It quotes the text and names the section for each claim. Not legal advice.