Georgia Commons

Title 42. PENAL INSTITUTIONS

Chapter 8. PROBATION

79 sections · 42-8-1 to 42-8-150

Article 1. ADVISORY COUNCIL FOR PROBATION

  1. 42-8-1Creation; composition; selection of members; terms of office.Reserved

Article 2. STATE-WIDE PROBATION SYSTEM

  1. 42-8-20Short title.
  2. 42-8-21Definitions.
  3. 42-8-22State-wide probation system for felony offenders created; administration generally.
  4. 42-8-23Administration of supervision of felony probationers by DCS; graduated sanctions.
  5. 42-8-24General duties of DCS; rules and regulations.
  6. 42-8-25Employment of community service officers; assignment to circuits by DCS.
  7. 42-8-26Qualifications of officer; compensation and expenses; conflicts of interest; bonds.
  8. 42-8-27Duties of officers.
  9. 42-8-28Assignment of officers among judicial circuits generally.
  10. 42-8-29Presentence investigations; supervision of probationers; maintenance of records relating to probationers.
  11. 42-8-29.1Disposition of officer’s records; confidentiality.
  12. 42-8-30Applicability of this article when private probation services are utilized.
  13. 42-8-30.1(no catchline printed)Redesignated
  14. 42-8-31Collection and disbursement of funds by officers; recordkeeping; bank accounts.
  15. 42-8-32Funds which may be collected by officers.
  16. 42-8-33Audits of accounts of officers; records and reports of audits; bonds of auditors; refunding overpayment of fines, restitutions, or moneys owed.
  17. 42-8-34Sentencing hearings and determinations; presentence investigations; payment of fees, fines, and costs; post-conviction, presentence bond; continuing jurisdiction; transferal of probation supervision.
  18. 42-8-34.1Revocation of probated or suspended sentence; alternative sentencing; burden of proof; length of probation supervision.
  19. 42-8-34.2Delinquency of defendant in payment of fines, costs, or restitution or reparation; costs of garnishment.
  20. 42-8-35Terms and conditions of probation; supervision.
  21. 42-8-35.1Probation boot camp unit as special alternative incarceration.
  22. 42-8-35.2Special term of probation; when imposed; revocation; suspension.
  23. 42-8-35.3Conditions of probation for stalking or aggravated stalking.
  24. 42-8-35.4Confinement in probation detention center.
  25. 42-8-35.5Confinement in probation diversion center.Reserved
  26. 42-8-35.6Family violence intervention program participation as condition of probation; cost borne by defendant.
  27. 42-8-35.7Drug and alcohol screening of probationers.
  28. 42-8-36Duty of probationer to inform officer of residence and whereabouts; violations; tolling; unpaid moneys.
  29. 42-8-37Effect of termination of probated portion of sentence; review of cases of persons receiving probated sentence; reports.
  30. 42-8-38Arrest or graduated sanctions for probationers violating terms; hearing; disposition of charge; procedure when probation revoked in county other than that of conviction.
  31. 42-8-39Suspension of sentence does not place defendant on probation.
  32. 42-8-40Confidentiality of reports, files, records, and other information related to supervision; exemption from subpoena; declassification.
  33. 42-8-41Cooperation of state and local entities with probation officials.
  34. 42-8-42Provision of office space and clerical help by DCS and counties.
  35. 42-8-43Liberal construction of article.
  36. 42-8-43.1 to 42-8-43.3(no catchline printed)Repealed
  37. 42-8-44(no catchline printed)Redesignated

Article 3. FIRST OFFENDERS

  1. 42-8-60Probation prior to adjudication of guilt; violation of probation; review of criminal record by judge.
  2. 42-8-61Defendant to be informed of eligibility for sentencing as first offender.
  3. 42-8-62Duty of clerk to transfer information.
  4. 42-8-62.1Limiting public access to first offender status; petitioning; sealing record.
  5. 42-8-63Effect of discharge under article on eligibility for employment or appointment to office.
  6. 42-8-63.1Discharges disqualifying individuals from employment.
  7. 42-8-64Appeal of sentence imposed under article.
  8. 42-8-65Use of prior finding of guilt in subsequent prosecutions; modification of records.
  9. 42-8-66Petition for exoneration and discharge; hearing; retroactive grant of first offender status; no filing fee.

Article 4. PARTICIPATION OF PROBATIONERS IN COMMUNITY SERVICE PROGRAMS

  1. 42-8-70 to 42-8-74(no catchline printed)Reserved

Article 5. PRETRIAL RELEASE AND DIVERSION PROGRAMS

  1. 42-8-80 to 42-8-84(no catchline printed)Reserved

Article 6. COUNTY AND MUNICIPAL PROBATION

  1. 42-8-100Definitions.
  2. 42-8-101Agreements for probation services; termination of contract for probation services.
  3. 42-8-102Probation and supervision; determination of fees, fines, and restitution; converting moneys owed to community service or educational advancement; continuing jurisdiction; revocation; transfer.
  4. 42-8-103Pay-only probation; discharge or termination of probation.
  5. 42-8-103.1Serving consecutive misdemeanor sentences.
  6. 42-8-104Terms and conditions of probation.
  7. 42-8-105Probationer obligation to keep officer informed of certain information; tolling for failure to meet certain obligations; procedure.
  8. 42-8-106Advisory committee created; membership.
  9. 42-8-106.1Powers and duties of Board of Community Supervision.
  10. 42-8-107Uniform professional standards and uniform contract standards.
  11. 42-8-108Quarterly report to judge and council; records to be open for inspection.
  12. 42-8-109Private entities conflicts of interest prohibited.
  13. 42-8-109.1Public entities and employees conflicts of interest prohibited.
  14. 42-8-109.2Confidentiality of records.
  15. 42-8-109.3Registration with board.
  16. 42-8-109.4Applicability of article to contractors for probation services; requirements for private corporations, private enterprises and private agencies entering into written contracts for services.
  17. 42-8-109.5Determination by court whether misdemeanor probation to be supervised by community supervision officer, private probation officer, or probation officer.

Article 7. IGNITION INTERLOCK DEVICES

  1. 42-8-110Definitions; applicability; purchase or lease of ignition interlock devices by counties, municipalities, or private entities; costs, fees, and deposits; participation by indigents.
  2. 42-8-110.1Ignition interlock device limited driving permit; restrictions.
  3. 42-8-111Court issuance of certificate for installation of ignition interlock devices; exceptions; completion of alcohol and drug use risk reduction program; notice of requirements; fees for driver’s license.
  4. 42-8-112Timing for issuance of ignition interlock device limited driving permit; documentation required; reporting requirement.
  5. 42-8-113Renting, leasing, or lending motor vehicle to probationer subject to this article prohibited.
  6. 42-8-114Specifying provider for ignition interlock device.
  7. 42-8-115Certification of ignition interlock devices.
  8. 42-8-116Warning labels.
  9. 42-8-116.1Effect of failing to comply; previously installed devices.
  10. 42-8-117Revocation of driving privilege upon violation of probation imposed by Code Section 42-8-111.
  11. 42-8-118Requesting or soliciting another to blow into device; tampering with or circumventing operation of device.

Article 8. DIVERSION CENTER AND PROGRAM

  1. 42-8-130Establishment; obligations of respondent; confinement; fee; alternative methods of incarceration.Repealed

Article 9. PROBATION MANAGEMENT

  1. 42-8-150 to 42-8-159(no catchline printed)Repealed