reglab/housing_qa huggingface dataset:
GA Code § 42-8-42 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 8 - Probation|Article 2 - State-Wide Probation System|§ 42-8-42. Provision of Office Space and Clerical Help by Dcs and Counties

 DCS may provide office space and clerical help wherever needed. The counties of this state shall cooperate in this respect and, wherever possible, shall furnish office space if needed.   (Ga. L. 1956, p. 27, § 18; Ga. L. 2015, p. 422, § 4-1/HB 310.)    The 2015 amendment,  effective July 1, 2015, substituted "DCS" for "The department" in the first sentence of this Code section. See Editor's notes for applicability.   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."   Law reviews.   - For article on the 2015 amendment of this Code section, see 32 Ga. St. U. L. Rev. 231 (2015).
GA Code § 42-8-43 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 8 - Probation|Article 2 - State-Wide Probation System|§ 42-8-43. Liberal Construction of Article

 This article shall be liberally construed so that its purposes may be achieved.    (Ga. L. 1956, p. 27, § 20; Code 1981, §42-8-43, as redesignated by Ga. L. 2015, p. 422, § 4-1/HB 310.)    The 2015 amendment,  effective July 1, 2015, redesignated former Code Section 42-8-44 as present Code Section 42-8-43. See Editor's notes for applicability.   Editor's notes.   - Former Code Section 42-8-43 (Ga. L. 1956, p. 27, § 15; Ga. L. 1972, p. 604, § 11), relating to effect of article on existing county probation systems, was repealed by Ga. L. 2015, p. 422, § 4-1/HB 310, effective July 1, 2015.   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 2015 amendment of this Code section, see 32 Ga. St. U. L. Rev. 231 (2015).   JUDICIAL DECISIONS    Cited in Sentinel Offender Services, LLC v. Glover, 296 Ga. 315, 766 S.E.2d 456 (2014).
GA Code § 42-8-43.1 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 8 - Probation|Article 2 - State-Wide Probation System|§ 42-8-43.1. Through 42-8-43.3

 Repealed by Ga. L. 2015, p. 422, § 4-1/HB 310, effective July 1, 2015.   Editor's notes.   - The sections were based on Code 1981, § 42-8-43.1, enacted by Ga. L. 1982, p. 1605, § 1; Ga. L. 1983, p. 421, § 1; Code 1981, § 42-8-43.2, enacted by Ga. L. 1987, p. 1319, § 1; Code 1981, § 42-8-43.3, enacted by Ga. L. 1988, p. 1951, § 1.   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 2015 repeal of this Code section, see 32 Ga. St. U. L. Rev. 231 (2015).
GA Code § 42-8-61 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 8 - Probation|Article 3 - First Offenders|§ 42-8-61. Defendant to Be Informed of Eligibility for Sentencing as First Offender

 When a defendant is represented by an attorney, his or her attorney shall be responsible for informing the defendant as to his or her eligibility for sentencing as a first offender. When a defendant is pro se, the court shall inquire as to the defendant's interest in entering a plea pursuant to the terms of this article. If the defendant expresses a desire to be sentenced as a first offender, the court shall ask the prosecuting attorney or probation official if the defendant is eligible for sentencing as a first offender. When imposing a sentence, the court shall ensure that, if a defendant is sentenced as a first offender, he or she is made aware of the consequences of entering a first offender plea pursuant to the terms of this article.   (Ga. L. 1968, p. 324, § 3; Ga. L. 1982, p. 1807, § 2; Ga. L. 2015, p. 422, § 5-74/HB 310; Ga. L. 2016, p. 443, § 6A-1/SB 367.)    The 2015 amendment,  effective July 1, 2015, substituted the present provisions of this Code section for the former provisions, which read: "The defendant shall be informed of the terms of this article at the time of imposition of sentence." See Editor's notes for applicability.   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."   Ga. L. 2016, p. 443, § 6A-1/SB 367, effective July 1, 2016, reenacted this Code section without change.   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).   JUDICIAL DECISIONS   Defendant informed of consequences if probation violated.    - Trial court did not err in increasing the sentence originally imposed upon the defendant because the defendant was informed when the first offender probation sentence was pronounced that, upon an adjudication of guilt, the defendant could be sentenced to the maximum allowable under the law; although the sentencing form was ambiguous since both the first offender treatment box and the felony sentence box were checked, the ambiguity in the form was not fatal to the trial court's imposition of a sentence greater than the original one. Otuwa v. State, 303 Ga. App. 410, 693 S.E.2d 610 (2010).    Cited in Bethea County v. Dixon, 72 Ga. App. 384, 33 S.E.2d 723 (1945); Sims v. Fox, 492 F.2d 1088 (5th Cir. 1974); Johnson v. GMC, 144 Ga. App. 305, 241 S.E.2d 30 (1977); Dominy v. Mays, 150 Ga. App. 187, 257 S.E.2d 317 (1979).
GA Code § 42-8-70 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 8 - Probation|Article 4 - Participation of Probationers in Community Service Programs|§ 42-8-70. Through 42-8-74

 Reserved. Repealed by Ga. L. 2015, p. 422, § 5-72/HB 310, effective July 1, 2015.   Editor's notes.   - This article was based on Ga. L. 1982, p. 1257, §§ 1-5; Code 1981, § 42-8-70 through42-8-74, enacted by Ga. L. 1982, p. 1257, § 6; Ga. L. 1983, p. 1593, § 2; Ga. L. 1983, p. 3, § 31; Ga. L. 1983, p. 1593, §§ 1, 3; Ga. L. 1984, p. 367, § 1; Ga. L. 1989, p. 331, § 1; Ga. L. 1991, p. 1302, § 1; Ga. L. 1984, p. 592, § 1; Ga. L. 1995, p. 396, § 1; Ga. L. 2004, p. 775, § 6.   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 2015 repeal of this Code section, see 32 Ga. St. U. L. Rev. 231 (2015).
GA Code § 42-8-80 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 8 - Probation|Article 5 - Pretrial Release and Diversion Programs|§ 42-8-80. Through 42-8-84

 Reserved. Repealed by Ga. L. 2015, p. 422, § 5-78/HB 310, effective July 1, 2015.   Editor's notes.   - This article was based on Code 1981, § 42-8-80 through42-8-83, enacted by Ga. L. 1984, p. 367, § 2; Ga. L. 1985, p. 283, § 1; Ga. L. 1985, p. 708, § 17; Ga. L. 1996, p. 748, § 23; Ga. L. 2000, p. 1643, § 3-4; Code 1981, § 42-8-84, enacted by Ga. L. 1985, p. 149, § 42.   Ga. L. 2015, p. 422, § 5-78/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."
GA Code § 42-8-100 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 8 - Probation|Article 6 - County and Municipal Probation|§ 42-8-100. Definitions

 As used in this article, the term:    "Board" means the Board of Community Supervision.   "DCS" means the Department of Community Supervision.   "Private probation officer" means an individual employed by a private corporation, private enterprise, private agency, or other private entity to supervise defendants placed on probation by a court for committing an ordinance violation or misdemeanor.   "Probation officer" means an individual employed by a governing authority of a county, municipality, or consolidated government to supervise defendants placed on probation by a court for committing an ordinance violation or misdemeanor.     (Code 1981, §42-8-100, enacted by Ga. L. 2015, p. 422, § 3-2/HB 310; Ga. L. 2016, p. 443, § 7-1/SB 367.)    The 2015 amendment,  effective July 1, 2015, rewrote this Code section. See Editor's notes for applicability.    The 2016 amendment,  effective July 1, 2016, added paragraph (2) and redesignated former paragraphs (2) and (3) as present paragraphs (3) and (4), respectively.   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."   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).   JUDICIAL DECISIONS   Passage of time does not extinguish unserved sentence.    - Georgia Supreme Court answered two questions certified to it from a federal district court and concluded, as a matter of common law, that the mere passage of time does not extinguish an unserved sentence and that the common law principle has not been abrogated by the State-wide Probation Act, O.C.G.A. § 42-8-30. Anderson v. Sentinel Offender Services, LLC, 298 Ga. 854, 784 S.E.2d 791 (2016).
GA Code § 42-8-103 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 8 - Probation|Article 6 - County and Municipal Probation|§ 42-8-103. Pay-Only Probation; Discharge or Termination of Probation

  As used in this Code section, the term "pay-only probation" means a defendant has been placed under probation supervision solely because such defendant is unable to pay the court imposed fines and statutory surcharges when such defendant's sentence is imposed. Such term shall not include circumstances when restitution has been imposed or other probation services are deemed appropriate by the court.   When pay-only probation is imposed, the total maximum fee collected shall be capped so as not to exceed three months of ordinary probation supervision fees at a monthly rate not to exceed the rate set forth in the contract between the court and the provider of services, notwithstanding the number of cases for which a fine and statutory surcharge were imposed or that the defendant was sentenced to serve consecutive sentences; provided, however, that collection of such fee shall terminate as soon as all court imposed fines and statutory surcharges are paid in full; and provided, further, that when all such fines and statutory surcharges are paid in full, the probation officer or private probation officer, as the case may be, shall submit an order to the court terminating the probated sentence within 30 days of fulfillment of such conditions. Within 90 days of receiving such order, the court shall issue an order terminating such probated sentence or issue an order stating why such probated sentence shall continue.   If pay-only probation is subsequently converted to a sentence that requires community service, on petition by a probation officer or private probation officer and with the probationer having an opportunity for a hearing, the court may reinstate probation supervision fees as necessary to monitor the probationer's compliance with community service obligations.   When a defendant is serving pay-only probation, upon motion by the defendant, the court may discharge such defendant from further supervision or otherwise terminate probation when it is satisfied that its action would be in the best interest of justice and the welfare of society.     (Code 1981, §42-8-103, enacted by Ga. L. 2015, p. 422, § 3-2/HB 310; Ga. L. 2016, p. 443, § 7-4/SB 367; Ga. L. 2018, p. 550, § 2-17/SB 407.)   Editor's notes.   - Ga. L. 2015, p. 422, § 3-2/HB 310, effective July 1, 2015, redesignated former Code Section 42-8-103 as present Code Section 42-8-108.   Law reviews.   - For article on the 2015 enactment 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). For article on the 2018 amendment of this Code section, see 35 Ga. St. U. L. Rev. 45 (2018).
GA Code § 42-8-103.1 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 8 - Probation|Article 6 - County and Municipal Probation|§ 42-8-103.1. Serving Consecutive Misdemeanor Sentences

  When a defendant is serving consecutive misdemeanor sentences, whether as a result of one case from one jurisdiction or multiple cases from multiple jurisdictions, upon motion by the defendant, the court may discharge such defendant from further supervision or otherwise terminate probation when it is satisfied that its action would be in the best interest of justice and the welfare of society. Such motion shall not be ripe until 12 months after the sentence was entered and every four months thereafter. The defendant shall serve the applicable entity or governing authority that is providing his or her probation services with a copy of such motion.   When a defendant is serving consecutive misdemeanor sentences, his or her probation officer or private probation officer, as the case may be, shall review such case after 12 consecutive months of probation supervision wherein the defendant has paid in full all court imposed fines, statutory surcharges, and restitution and has otherwise completed all testing, evaluations, and rehabilitative treatment programs ordered by the court to determine if such officer recommends early termination of probation. Each such case shall be reviewed every four months thereafter for the same determination until the termination, expiration, or other disposition of the case. If such officer recommends early termination, he or she shall immediately submit an order to the court to effectuate such purpose.     (Code 1981, §42-8-103.1, enacted by Ga. L. 2016, p. 443, § 7-5/SB 367.)   Law reviews.   - For article on the 2016 enactment of this Code section, see 33 Ga. St. U. L. Rev. 139 (2016).
GA Code § 42-8-109 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 8 - Probation|Article 6 - County and Municipal Probation|§ 42-8-109. Private Entities Conflicts of Interest Prohibited

  No private corporation, private enterprise, or private agency contracting to provide probation services under the provisions of this article nor any employees of such entities shall engage in any other employment, business, or activity which interferes or conflicts with the duties and responsibilities under contracts authorized in this article.   No private corporation, private enterprise, or private agency contracting to provide probation services under the provisions of this article nor its employees shall have personal or business dealings, including the lending of money, with probationers under their supervision.     No private corporation, private enterprise, or private agency contracting to provide probation services under the provisions of this article nor any employees of such entities, 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.   No private corporation, private enterprise, or private agency contracting to provide probation services under the provisions of this article nor any employees of such entities 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.       (Code 1981, §42-8-104, enacted by Ga. L. 1995, p. 396, § 2; Ga. L. 1996, p. 1107, § 6; Ga. L. 2005, p. 334, § 24-2/HB 501; Ga. L. 2006, p. 727, § 2/SB 44; Code 1981, §42-8-109, 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, § 3-2/HB 310, effective July 1, 2015, redesignated former Code Section 42-8-104 as present Code Section 42-8-109.   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 2015 amendment of this Code section, see 32 Ga. St. U. L. Rev. 231 (2015).
GA Code § 42-8-109.1 (2021)
2021 Georgia Code|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

  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.   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.     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.   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.       (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.)    The 2015 amendment,  effective July 1, 2015, redesignated former Code Section 42-8-105 as present Code Section 42-8-109.1; deleted "probation officer or other" throughout; and, in subsection (a), deleted "officer's or" preceding "employee's duties". See Editor's notes for applicability.   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."   Law reviews.   - For article on the 2015 amendment of this Code section, see 32 Ga. St. U. L. Rev. 231 (2015).
GA Code § 42-8-109.5 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 8 - Probation|Article 6 - County and Municipal Probation|§ 42-8-109.5. Determination by Court Whether Misdemeanor Probation to Be Supervised by Community Supervision Officer, Private Probation Officer, or Probation Officer

 Whenever a probationer is under supervision by a community supervision officer, as such term is defined in Code Section 42-3-1, and sentenced to misdemeanor probation, the court shall determine whether the continuing supervision shall be performed by a community supervision officer, private probation officer, or probation officer.    (Code 1981, §42-8-109.5, enacted by Ga. L. 2015, p. 422, § 3-2/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."   Law reviews.   - For article on the 2015 enactment of this Code section, see 32 Ga. St. U. L. Rev. 231 (2015).
GA Code § 42-8-110.1 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 8 - Probation|Article 7 - Ignition Interlock Devices|§ 42-8-110.1. Ignition Interlock Device Limited Driving Permit; Restrictions

    Any person issued an ignition interlock device limited driving permit under paragraph (1) of subsection (a) of Code Section 40-5-64.1 shall, upon issuance thereof and within no less than ten days of such issuance, have installed and shall maintain in any motor vehicle to be driven by such person for a period of not less than four months a functioning, certified ignition interlock device, and such person shall not drive any motor vehicle whatsoever that is not so equipped during such period.   Any person issued an ignition interlock device limited driving permit under paragraph (2) of subsection (a) of Code Section 40-5-64.1 shall, upon issuance thereof and within no less than ten days of such issuance, have installed and shall maintain in any motor vehicle to be driven by such person for a period of not less than 12 months a functioning, certified ignition interlock device, and such person shall not drive any motor vehicle whatsoever that is not so equipped during such period.     The restriction for maintaining and using an ignition interlock device shall be cancelled by the department upon payment to the department of a $100.00 fee or $90.00 when such fee is processed by mail and upon successful completion of the term of monitoring on an ignition interlock device required under subsection (a) of this Code section.   Any ignition interlock device limited driving permit issued shall bear a restriction reflecting that the person shall only operate a motor vehicle equipped with a functioning, certified ignition interlock device.   The fee for issuance of an ignition interlock device limited driving permit shall be as prescribed in Code Section 40-5-64.1.     (Code 1981, §42-8-110.1, enacted by Ga. L. 2016, p. 323, § 1-6/HB 205.)
GA Code § 42-8-113 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 8 - Probation|Article 7 - Ignition Interlock Devices|§ 42-8-113. Renting, Leasing, or Lending Motor Vehicle to Probationer Subject to This Article Prohibited

  No person shall knowingly rent, lease, or lend a motor vehicle to a person known to have had his or her driving privilege restricted as provided in this article, unless the vehicle is equipped with a functioning, certified ignition interlock device. Any person whose driving privilege is restricted as provided in this article shall notify any other person who rents, leases, or loans a motor vehicle to him or her of such driving restriction.   Any person convicted of a violation of subsection (a) of this Code section shall be guilty of a misdemeanor.     (Code 1981, §42-8-113, enacted by Ga. L. 1993, p. 568, § 1; Ga. L. 2000, p. 1457, § 6; Ga. L. 2012, p. 72, § 8/SB 236.)    The 2012 amendment,  effective January 1, 2013, in subsection (a), twice deleted "as a condition of probation" following "restricted" in the first and second sentences.