reglab/housing_qa huggingface dataset:
GA Code § 42-8-27 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 8 - Probation|Article 2 - State-Wide Probation System|§ 42-8-27. Duties of Officers

 An officer shall supervise and counsel probationers and parolees in the judicial circuit to which he or she is assigned. Each officer shall perform the duties prescribed in this chapter and other duties as are prescribed by DCS and shall make and keep any records and files and make such reports as are required of him or her by DCS, the State Board of Pardons and Paroles, or a court. Officers shall be authorized to provide supervision of defendants who are participants in a drug court division, mental health court division, or veterans court division operated by a superior court, provided that sufficient staff and resources exist for such supervision.   (Ga. L. 1956, p. 27, § 7; Ga. L. 1958, p. 15, § 7; Ga. L. 1972, p. 604, § 6; Ga. L. 2015, p. 422, § 4-1/HB 310; Ga. L. 2017, p. 585, § 2-6/SB 174.)    The 2015 amendment,  effective July 1, 2015, substituted the present provisions of this Code section for the former provisions, which read: "The probation supervisor shall supervise and counsel probationers in the judicial circuit to which he is assigned. Each supervisor shall perform the duties prescribed in this chapter and such duties as are prescribed by the department and shall keep such records and files and make such reports as are required of him." See Editor's notes for applicability.    The 2017 amendment,  effective July 1, 2017, added the last sentence.   Cross references.   - Applicability of this state's correction laws to probationers found in other states, T. 42, C. 11.   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 2017 amendment of this Code section, see 34 Ga. St. U. L. Rev. 115 (2017).   JUDICIAL DECISIONS   Editor's notes.   - In light of the similarity of the statutory provisions, annotations decided under former Code 1933, § 27-2704 are included in annotations for this Code section.    Cited in Stephens v. State, 245 Ga. 835, 268 S.E.2d 330 (1980).   OPINIONS OF THE ATTORNEY GENERAL   Probation supervisors as public officers.   - Circuit probation officers (now probation supervisors) are public officers and as a consequence hold office at the pleasure of the appointing power. 1968 Op. Att'y Gen. No. 68-461.
GA Code § 42-8-28 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 8 - Probation|Article 2 - State-Wide Probation System|§ 42-8-28. Assignment of Officers Among Judicial Circuits Generally

 Officers shall be assigned among the respective judicial circuits based generally on the relative number of persons on probation and parole in each circuit.   (Ga. L. 1972, p. 604, § 15A; Ga. L. 2015, p. 422, § 4-1/HB 310.)    The 2015 amendment,  effective July 1, 2015, in this Code section, substituted "Officers" for "Probation supervisors" at the beginning, and inserted "and parole". 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).   RESEARCH REFERENCES   Am. Jur. 2d.   - 21 Am. Jur. 2d, Criminal Law, §§ 526-536.   C.J.S.   - 24 C.J.S., Criminal Law, § 1549 et seq. 24B C.J.S., Criminal Law, §§ 2144-2161.
GA Code § 42-8-29.1 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 8 - Probation|Article 2 - State-Wide Probation System|§ 42-8-29.1. Disposition of Officer's Records; Confidentiality

  When a convicted person is committed to an institution under the jurisdiction of the Department of Corrections, any presentence or post-sentence investigation or psychological evaluation compiled by an officer shall be forwarded to any division or office designated by the commissioner of corrections. Accompanying such document or evaluation shall be the case history form and the criminal history sheets from the Federal Bureau of Investigation or the Georgia Crime Information Center, if available, unless any such information has previously been sent to the Department of Corrections pursuant to Code Section 42-5-50. A copy of such documents shall be made available for the State Board of Pardons and Paroles. A copy of one or more of such documents, based on need, may be forwarded to another institution to which the defendant may be committed.   The prison or institution receiving such documents shall maintain the confidentiality of the documents and the information contained therein and shall not send, release, or reveal them to any other person, institution, or agency without the express consent of the unit which originated or accumulated the documents.     (Code 1981, §42-8-29.1, enacted by Ga. L. 1983, p. 697, § 1; Ga. L. 1984, p. 22, § 42; Ga. L. 1989, p. 14, § 42; Ga. L. 2015, p. 422, § 4-1/HB 310.)    The 2015 amendment,  effective July 1, 2015, in subsection (a), substituted "Department of Corrections" for "department" in the first and second sentences, in the first sentence, substituted "an officer" for "a probation supervisor or other probation official" in the middle and inserted "of corrections" at the end, substituted "such document or evaluation shall be" for "this document or evaluation will be" in the second sentence, substituted "such documents" for "these same documents" in the third sentence, substituted "such documents" for "these documents" in the last sentence and in the first sentence of subsection (b); in subsection (b), substituted ", release," for "them or release them" in the middle and deleted "probation" preceding "unit" near the end. 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 § 42-8-30 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 8 - Probation|Article 2 - State-Wide Probation System|§ 42-8-30. Applicability of This Article When Private Probation Services Are Utilized

 In any county where the chief judge of the superior court, state court, municipal court, probate court, or magistrate court has provided for probation services for such court through agreement with a private corporation, enterprise, or agency or has established a county or municipal probation system for such court pursuant to Article 6 of this chapter, the provisions of this article relating to supervision services shall not apply to defendants sentenced in any such court.    (Ga. L. 1956, p. 27, § 16; Ga. L. 1972, p. 604, § 12; Code 1981, §42-8-30, as redesignated by Ga. L. 2015, p. 422, § 4-1/HB 310.)    The 2015 amendment,  effective July 1, 2015, redesignated former Code Section 42-8-30.1 as present Code Section 42-8-30, and substituted "Article 6 of this chapter" for "Code Section 42-8-100" and deleted "probation" preceding "supervision" near the end. See Editor's notes for applicability.   Cross references.   - Applicability of this state's correction laws to probationers' found in other states, T. 42, C. 11.   Editor's notes.   - Former Code Section 42-8-30 (Ga. L. 1956, p. 27, § 16; Ga. L. 1972, p. 604, § 12), relating to supervision of juvenile offenders by probation supervisors, 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."   JUDICIAL DECISIONS   Construction with other law.    - Juvenile's interference with a juvenile probation officer's attempt to take the juvenile into custody, after the juvenile tested positive for illegal drug use, was sufficient to support an adjudication under O.C.G.A. § 16-10-24(b); moreover, the appeals court was not persuaded by the juvenile's contention that O.C.G.A. § 42-8-30 specifically limited the role of the "probation supervisor" over juveniles to those counties in which no juvenile probation system existed. In the Interest of M.M., 287 Ga. App. 233, 651 S.E.2d 155 (2007), cert. denied, 2008 Ga. LEXIS 95 (Ga. 2008).   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).    Cited in P.R. v. State, 133 Ga. App. 346, 210 S.E.2d 839 (1974).   RESEARCH REFERENCES   Am. Jur. 2d.   - 21 Am. Jur. 2d, Criminal Law, §§ 526-536. 47 Am. Jur. 2d, Juvenile Courts and Delinquent and Dependent Children, §§ 1-77.   C.J.S.   - 24 C.J.S., Criminal Law, §§ 2144-2161. 43 C.J.S., Infants, §§ 6-8.
GA Code § 42-8-33 (2021)
2021 Georgia Code|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

  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.   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.    (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.)    The 2015 amendment,  effective July 1, 2015, substituted "DCS" for "The department" and "the department" throughout subsection (a); in subsection (a), substituted "officer" for "probation supervisor" in the first and fourth sentences, in the first sentence, substituted "the officer's" for "his" twice, and substituted "disbursed by such officer" for "him. The department" at the end, in the second sentence, added "DCS" at the beginning and substituted "officer's" for "probation supervisor's", substituted "officers" for "probation supervisors" at the end of the next-to-last sentence, and substituted "the employee's" for "his" twice in the last sentence; and substituted "the overpayment" for "such overpayment" in subsection (b). See Editor's notes for applicability.   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1987, "overpayment" was twice substituted for "over-payment" in subsection (b).   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 § 42-8-34.2 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 8 - Probation|Article 2 - State-Wide Probation System|§ 42-8-34.2. Delinquency of Defendant in Payment of Fines, Costs, or Restitution or Reparation; Costs of Garnishment

  In the event that a defendant is delinquent in the payment of fines, costs, or restitution or reparation, as was ordered by the court as a condition of probation, the defendant's officer shall be authorized, but shall not be required, to execute a sworn affidavit wherein the amount of arrearage is set out. In addition, the affidavit shall contain a succinct statement as to what efforts DCS has made in trying to collect the delinquent amount. The affidavit shall then be submitted to the sentencing court for approval. Upon signature and approval of the court, such arrearage shall then be collectable through issuance of a writ of fieri facias by the clerk of the sentencing court; and DCS may enforce such collection through any judicial or other process or procedure which may be used by the holder of a writ of execution arising from a civil action.   This Code section provides the state with remedies in addition to all other remedies provided for by law; and nothing in this Code section shall preclude the use of any other or additional remedy in any case.   No clerk of any court shall be authorized to require any deposit of cost or any other filing or service fee as a condition to the filing of a garnishment action or other action or proceeding authorized under this Code section. In any such action or proceeding, however, the clerk of the court in which the action is filed shall deduct and retain all proper court costs from any funds paid into the treasury of the court, prior to any other disbursement of such funds so paid into court.     (Code 1981, §42-8-34.2, enacted by Ga. L. 1990, p. 1331, § 1; Ga. L. 1991, p. 94, § 42; Ga. L. 1991, p. 1051, § 1; Ga. L. 2015, p. 422, § 4-1/HB 310.)    The 2015 amendment,  effective July 1, 2015, in subsection (a), substituted "the defendant's officer shall be authorized, but shall not be required" for "the defendant's probation officer is authorized, but not required" in the first sentence, substituted "DCS" for "the department" in the second and fourth sentences, and substituted "such arrearage" for "said arrearage" in the fourth sentence. See Editor's notes for applicability.   Editor's notes.   - Ga. L. 1990, p. 1331, § 2, not codified by the General Assembly, provides that this Code section shall apply with respect to sentences entered prior to July 1, 1990, as well as sentences entered on or after July 1, 1990.   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 § 42-8-35.3 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 8 - Probation|Article 2 - State-Wide Probation System|§ 42-8-35.3. Conditions of Probation for Stalking or Aggravated Stalking

 Notwithstanding any other terms or conditions of probation which may be imposed, a court sentencing a defendant to probation for a violation of Code Section 16-5-90 or 16-5-91 may impose one or more of the following conditions on such probation:    Prohibit the defendant from engaging in conduct in violation of Code Section 16-5-90 or 16-5-91;   Require the defendant to undergo a mental health evaluation and, if it is determined by the court from the results of such evaluation that the defendant is in need of treatment or counseling, require the defendant to undergo mental health treatment or counseling by a court approved mental health professional, mental health facility, or facility of the Department of Behavioral Health and Developmental Disabilities. Unless the defendant is indigent, the cost of any such treatment shall be borne by the defendant; or   Prohibit the defendant from entering or remaining present at the victim's school, place of employment, or other specified places at times when the victim is present.     (Code 1981, §42-8-35.3, enacted by Ga. L. 1993, p. 1534, § 4; Ga. L. 2009, p. 453, § 3-2/HB 228; Ga. L. 2015, p. 422, § 4-1/HB 310.)   Editor's notes.   - Ga. L. 2015, p. 422, § 4-1/HB 310, effective July 1, 2015, reenacted this Code section without change.   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 note on 1993 enactment of this Code section, see 10 Ga. St. U.L. Rev. 95 (1993).
GA Code § 42-8-35.5 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 8 - Probation|Article 2 - State-Wide Probation System|§ 42-8-35.5. Confinement in Probation Diversion Center

 Reserved. Repealed by Ga. L. 2016, p. 443, § 8-6/SB 367, effective July 1, 2016.   Editor's notes.   - This Code section was based on Code 1981, § 42-8-35.5, enacted by Ga. L. 1995, p. 627, § 1; Ga. L. 2015, p. 422, § 4-1/HB 310.   Law reviews.   - For article on the 2016 repeal of this Code section, see 33 Ga. St. U. L. Rev. 139 (2016).
GA Code § 42-8-35.6 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 8 - Probation|Article 2 - State-Wide Probation System|§ 42-8-35.6. Family Violence Intervention Program Participation as Condition of Probation; Cost Borne by Defendant

  Notwithstanding any other terms or conditions of probation which may be imposed, a court sentencing a defendant to probation for an offense involving family violence as such term is defined in Code Section 19-13-10 shall require as a condition of probation that the defendant participate in a family violence intervention program certified pursuant to Article 1A of Chapter 13 of Title 19, unless the court determines and states on the record why participation in such a program is not appropriate.   A court, in addition to imposing any penalty provided by law, when revoking a defendant's probation for an offense involving family violence as defined by Code Section 19-13-10, or when imposing a protective order against family violence, shall order the defendant to participate in a family violence intervention program certified pursuant to Article 1A of Chapter 13 of Title 19, unless the court determines and states on the record why participation in such program is not appropriate.   The State Board of Pardons and Paroles, for a violation of parole for an offense involving family violence as defined by Code Section 19-13-10, shall require the conditional releasee to participate in a family violence intervention program certified pursuant to Article 1A of Chapter 13 of Title 19, unless the State Board of Pardons and Paroles determines why participation in such a program is not appropriate.   Unless the defendant is indigent, the cost of the family violence intervention program as provided by this Code section shall be borne by the defendant. If the defendant is indigent, then the cost of the program shall be determined by a sliding scale based upon the defendant's ability to pay.     (Code 1981, §42-8-35.6, enacted by Ga. L. 1996, p. 1113, § 2; Ga. L. 2002, p. 1435, § 6; Ga. L. 2015, p. 422, § 4-1/HB 310.)   Editor's notes.   - Ga. L. 2002, p. 1435, § 1, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Georgia's Family Violence Intervention Program Certification Act.'"   Ga. L. 2002, p. 1435, § 7, not codified by the General Assembly, provides that the amendments to this Code section shall apply to sentences or conditional release revocations that occur on or after July 1, 2003.   Ga. L. 2015, p. 422, § 4-1/HB 310, effective July 1, 2015, reenacted this Code section without change.   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 § 42-8-35.7 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 8 - Probation|Article 2 - State-Wide Probation System|§ 42-8-35.7. Drug and Alcohol Screening of Probationers

 Unless the court or State Board of Pardons and Paroles has ordered more frequent screenings, drug and alcohol screenings shall be administered in accordance with DCS rules and regulations.    (Code 1981, §42-8-35.7, enacted by Ga. L. 2004, p. 775, § 5; Ga. L. 2015, p. 422, § 4-1/HB 310.)    The 2015 amendment,  effective July 1, 2015, substituted the present provisions of this Code section for the former provisions, which read: "Unless the court has ordered more frequent such screenings, it shall be the duty of each probation supervisor to administer or have administered a drug and alcohol screening not less than once every 60 days to any person who is placed on probation and who, as a condition of such probation, is required to undergo regular, random drug and alcohol screenings, provided that the drug and alcohol screenings required by this Code section shall be performed only to the extent that necessary funds therefor are appropriated in the state budget." See Editor's notes for applicability.   Cross references.   - Drug free workplace programs, T. 34, C. 9, A. 11.   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).   JUDICIAL DECISIONS    Cited in Sentinel Offender Services, LLC v. Glover, 296 Ga. 315, 766 S.E.2d 456 (2014).   RESEARCH REFERENCES   ALR.   - Propriety of requirement, as condition of probation, that defendant refrain from use of intoxicants, 46 A.L.R.6th 241.
GA Code § 42-8-41 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 8 - Probation|Article 2 - State-Wide Probation System|§ 42-8-41. Cooperation of State and Local Entities With Probation Officials

 All state and local departments, agencies, boards, bureaus, commissions, and committees shall cooperate with officers.   (Ga. L. 1956, p. 27, § 17; Ga. L. 2015, p. 422, § 4-1/HB 310.)    The 2015 amendment,  effective July 1, 2015, substituted "officers" for "the probation officials" in 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).