---
title: O.C.G.A. § 42-8-35.4. Confinement in probation detention center.
collection: code
id: 42-8-35.4
cite_as: O.C.G.A. § 42-8-35.4 (2025)
canonical_url: https://georgiacommons.org/code/42-8-35.4
md_url: https://georgiacommons.org/code/42-8-35.4.md
text_url: https://georgiacommons.org/code/42-8-35.4/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=452
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
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: PENAL INSTITUTIONS / PROBATION / STATE-WIDE PROBATION SYSTEM
---

# O.C.G.A. § 42-8-35.4. Confinement in probation detention center.

(a) Notwithstanding any other terms and conditions of probation which may be imposed, a court may require that a defendant convicted of a felony and sentenced to a period of not less than one year on probation or a defendant who has been previously sentenced to probation for a forcible misdemeanor as defined in paragraph (7) of Code Section 16-1-3 or a misdemeanor of a high and aggravated nature and has violated probation or other probation alternatives and is subsequently sentenced to a period of not less than one year on probation shall complete satisfactorily, as a condition of such probation, a program of confinement, not to exceed 180 days, in a probation detention center. Probationers so sentenced shall be required to serve the period of confinement, not to exceed 180 days, specified in the court order.

(b) The court shall determine that the defendant is at least 17 years of age at the time of sentencing.

(c) During the period of confinement, the Department of Corrections may transfer the probationer to other facilities in order to provide needed physical and mental health care or for other reasons essential to the care and supervision of the probationer or as necessary for the effective administration and management of its facilities.

## History

Code 1981, § 42-8-35.4, enacted by Ga. L. 1995, p. 627, § 1; Ga. L. 2009, p. 99, § 1/HB 226; Ga. L. 2012, p. 899, § 7-9/HB 1176; Ga. L. 2015, p. 422, § 4-1/HB 310.

## Editor's Notes

Ga. L. 2009, p. 99, § 2/HB 226, not codified by the General Assembly, provides, in part, that the amendment of this Code section shall apply to probationers sentenced on or after July 1, 2009.

Ga. L. 2012, p. 899, § 9-1(a)/HB 1176, not codified by the General Assembly, provides: “This Act shall become effective on July 1, 2012, and shall apply to offenses which occur on or after that date. Any offense occurring before July 1, 2012, shall be governed by the statute in effect at the time of such offense and shall be considered a prior conviction for the purpose of imposing a sentence that provides for a different penalty for a subsequent conviction for the same type of offense, of whatever degree or level, pursuant to this Act.”

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.”

## Law Reviews

For article on the 2012 amendment of this Code section, see 29 Ga. St. U. L. Rev. 290 (2012).

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