reglab/housing_qa huggingface dataset:
GA Code § 42-8-114 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 8 - Probation|Article 7 - Ignition Interlock Devices|§ 42-8-114. Specifying Provider for Ignition Interlock Device

  No judicial officer, community supervision officer, law enforcement officer, or other officer or employee of a court; person who owns, operates, or is employed by a private company which has contracted to provide private probation services for misdemeanor cases; or professional bondsman or agent or employee thereof shall specify, directly or indirectly, a particular provider center which the person may or shall utilize when use of an ignition interlock device is required. This subsection shall not prohibit any judicial officer, community supervision officer, law enforcement officer, or other officer or employee of a court; owner, operator, or employee of a private company which has contracted to provide probation services for misdemeanor cases; or professional bondsman or agent or employee thereof from furnishing any person, upon request, the names of certified provider centers.   No person who owns, operates, or is employed by a private company which has contracted to provide probation services for misdemeanor cases or professional bondsman or agent or employee thereof shall be authorized to own, operate, or be employed by a provider center.     (Code 1981, §42-8-114, enacted by Ga. L. 1993, p. 568, § 1; Ga. L. 2000, p. 1457, § 6; Ga. L. 2015, p. 422, § 5-76/HB 310.)    The 2015 amendment,  effective July 1, 2015, substituted "community supervision" for "probation" twice in subsection (a). 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 § 42-8-115 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 8 - Probation|Article 7 - Ignition Interlock Devices|§ 42-8-115. Certification of Ignition Interlock Devices

  The commissioner of driver services or the commissioner's designee shall certify ignition interlock devices required by this article and the providers of such devices and shall promulgate rules and regulations for the certification of said devices and providers. The standards for certification of such devices shall include, but not be limited to, those standards for such devices promulgated by the National Highway Traffic Safety Administration and adopted by rule or regulation of the Department of Driver Services.   The commissioner of driver services may utilize information from an independent agency to certify ignition interlock devices on or off the premises of the manufacturer in accordance with rules and regulations promulgated pursuant to this article. The cost of certification shall be borne by the manufacturers of ignition interlock devices.   The commissioner of driver services shall adopt rules and regulations for determining the accuracy of and proper use of the ignition interlock devices in full compliance with this article. No model of ignition interlock device shall be certified unless it meets the accuracy requirements specified by such rules and regulations.     (Code 1981, §42-8-115, enacted by Ga. L. 1993, p. 568, § 1; Ga. L. 2000, p. 1457, § 6; Ga. L. 2002, p. 415, § 42; Ga. L. 2005, p. 334, § 24-6/HB 501.)
GA Code § 42-8-116 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 8 - Probation|Article 7 - Ignition Interlock Devices|§ 42-8-116. Warning Labels

 The providers certified by the Department of Driver Services shall design and adopt pursuant to regulations of such department a warning label which shall be affixed to each ignition interlock device upon installation. The label shall contain a warning that any person tampering, circumventing, or otherwise misusing the device is guilty of a misdemeanor and may be subject to civil liability.    (Code 1981, §42-8-116, enacted by Ga. L. 1993, p. 568, § 1; Ga. L. 2000, p. 1457, § 6; Ga. L. 2002, p. 415, § 42; Ga. L. 2005, p. 334, § 24-7/HB 501; Ga. L. 2015, p. 422, § 5-77/HB 310.)    The 2015 amendment,  effective July 1, 2016, substituted "such department" for "the department" in the first 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."   Law reviews.   - For article on the 2015 amendment of this Code section, see 32 Ga. St. U. L. Rev. 231 (2015).
GA Code § 42-8-116.1 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 8 - Probation|Article 7 - Ignition Interlock Devices|§ 42-8-116.1. Effect of Failing to Comply; Previously Installed Devices

 Any other or former provision of this article notwithstanding:    The failure to install an ignition interlock device pursuant to an order of probation granted on or after May 1, 1999, but prior to May 1, 2000, shall not be ground for suspension or revocation of driving privileges, revocation of probation, refusal to issue a probationary driver's license, or refusal to reinstate a driver's license for the person granted such probation unless the order granting such probation unequivocally conditioned probation upon the installation of an ignition interlock device; and   In the case of any person who had installed and maintained an ignition interlock device in a motor vehicle for a period of six months pursuant to any order of probation granted on or after May 1, 1999, but prior to May 1, 2000, any lack of certification of such ignition interlock device or of the provider center for such device or lack of a limited driving permit for the period of use of such device shall not be ground for suspension or revocation of driving privileges, revocation of probation, refusal to issue a probationary driver's license, or refusal to reinstate a driver's license for the person subject to such order if such installation and the monitoring required by this article for the required period of maintenance is confirmed in writing by the provider center for such device.     (Code 1981, §42-8-116.1, enacted by Ga. L. 2000, p. 1457, § 6; Ga. L. 2001, p. 4, § 42.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 2000 and in 2001, "May 1, 2000" was substituted for "the effective date of this Code section" in paragraphs (1) and (2).
GA Code § 42-8-117 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 8 - Probation|Article 7 - Ignition Interlock Devices|§ 42-8-117. Revocation of Driving Privilege Upon Violation of Probation Imposed by Code Section 42-8-111

    In the event the sentencing court revokes a person's probation after finding that such person has violated the terms of the certificate of eligibility for an ignition interlock device limited driving permit or probationary license issued pursuant to subsection (a) of Code Section 42-8-111, the Department of Driver Services shall revoke that person's driving privilege for one year from the date the court revokes that person's probation. The court shall report such probation revocation to the Department of Driver Services by court order.   This subsection shall not apply to any person whose limited driving permit has been revoked under subsection (d) of Code Section 42-8-112.     In the event the sentencing court revokes a person's probation after finding that such person has twice violated the terms of the certificate of eligibility for an ignition interlock device limited driving permit or probationary license issued pursuant to subsection (a) of Code Section 42-8-111 during the same period of probation, the Department of Driver Services shall revoke that person's driving privilege for five years from the date the court revokes that person's probation for a second time. The court shall report such probation revocation to the Department of Driver Services by court order.     (Code 1981, §42-8-117, enacted by Ga. L. 1993, p. 568, § 1; Ga. L. 2000, p. 1457, § 6; Ga. L. 2002, p. 415, § 42; Ga. L. 2004, p. 604, § 2; Ga. L. 2005, p. 334, § 24-8/HB 501; Ga. L. 2012, p. 72, § 9/SB 236.)    The 2012 amendment,  effective January 1, 2013, in the first sentence of paragraph (a)(1) and the first sentence of subsection (b), substituted "revokes a person's probation after finding that such person" for "finds that a person" and substituted "the certificate of eligibility for an ignition interlock device limited driving permit or probationary license issued" for "probation imposed".
GA Code § 42-8-118 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 8 - Probation|Article 7 - Ignition Interlock Devices|§ 42-8-118. Requesting or Soliciting Another to Blow Into Device; Tampering With or Circumventing Operation of Device

  It is unlawful for any person whose driving privilege is restricted pursuant to subsection (a) of Code Section 42-8-111 to request or solicit any other person to blow into an ignition interlock device or to start a motor vehicle equipped with the device for the purpose of providing the person so restricted with an operable motor vehicle.   It is unlawful for any person to blow into an ignition interlock device or to start a motor vehicle equipped with the device for the purpose of providing an operable motor vehicle to a person whose driving privilege is restricted pursuant to subsection (a) of Code Section 42-8-111.   It is unlawful to tamper with, or circumvent the operation of, an ignition interlock device.   Any person violating any provision of this Code section shall be guilty of a misdemeanor.     (Code 1981, §42-8-118, enacted by Ga. L. 1993, p. 568, § 1; Ga. L. 2000, p. 1457, § 6.)
GA Code § 42-8-130 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 8 - Probation|Article 8 - Diversion Center and Program|§ 42-8-130. Establishment; Obligations of Respondent; Confinement; Fee; Alternative Methods of Incarceration

 Repealed by Ga. L. 2015, p. 422, § 5-79, effective July 1, 2015.   Editor's notes.   - This article was based on Code 1981, § 42-8-130, enacted by Ga. L. 1996, p. 649, § 3.   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 § 42-8-150 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 8 - Probation|Article 9 - Probation Management|§ 42-8-150. Through 42-8-159

 Repealed by Ga. L. 2015, p. 422, § 1/HB 310, effective July 1, 2015.   Editor's notes.   - This article was based on Code 1981, §§ 42-8-150 through42-8-159, enacted by Ga. L. 2009, p. 32, § 1/SB 24.   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 § 42-9-1 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 9 - Pardons and Paroles|Article 1 - General Provisions|§ 42-9-1. Declaration of Legislative Policy

 In recognition of the doctrine contained in the Constitution of this state requiring the three branches of government to be separate, it is declared to be the policy of the General Assembly that the duties, powers, and functions of the State Board of Pardons and Paroles are executive in character and that, in the performance of its duties under this chapter, no other body is authorized to usurp or substitute its functions for the functions imposed by this chapter upon the board.   (Ga. L. 1953, Nov.-Dec. Sess., p. 210, § 2; Ga. L. 1985, p. 149, § 42.)   Cross references.   - Composition and powers of State Board of Pardons and Paroles, Ga. Const. 1983, Art. IV, Sec. II, Paras. I, II.   JUDICIAL DECISIONS   Jurisdiction.    - When no grounds existed which required the correction of an inmate's sentence, neither the trial court nor the appellate court had jurisdiction to grant the request under O.C.G.A. § 42-9-1. Harper v. State, 262 Ga. App. 136, 586 S.E.2d 336 (2003).   Parole conditions.    - Trial court erred by requiring the defendant to waive the defendant's Fourth Amendment right as a condition of parole since "any attempt by a court to impose its will over the Executive Department by attempting to impose as a part of a criminal sentence conditions operating as a prerequisite of or becoming automatically effective in the event of a subsequent parole of defendant by the State Board of Pardons and Parole would be a nullity and constitute an exercise of power granted exclusively to the Executive." Stephens v. State, 207 Ga. App. 645, 428 S.E.2d 661 (1993).    Cited in State v. Davis, 303 Ga. 684, 814 S.E.2d 701 (2018).   OPINIONS OF THE ATTORNEY GENERAL   Suspension of sentence upon prisoner's parole by another state.   - When a prisoner is incarcerated in another state and is serving that state and this state's sentences concurrently, a provision for suspension of this state's sentence in the event of parole by the other state authorities does not usurp functions of the State Board of Pardons and Paroles. 1974 Op. Att'y Gen. No. 74-147.   RESEARCH REFERENCES   C.J.S.   - 73 C.J.S., Public Administrative Law and Procedure, §§ 15-18.
GA Code § 42-9-3 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 9 - Pardons and Paroles|Article 1 - General Provisions|§ 42-9-3. Definitions

 As used in this chapter, the term:    "Board" means the State Board of Pardons and Paroles.   "Community supervision officer" means a person who supervises probationers or parolees for the department.   "Department" means the Department of Community Supervision.   "Split sentence" means any felony sentence that includes a term of imprisonment followed by a term of probation.    (Ga. L. 2015, p. 422, § 5-81/HB 310.)    The 2015 amendment,  effective July 1, 2015, substituted the present provisions of this Code section for the former provisions which read: "As used in this chapter, the term 'board' means the State Board of Pardons and Paroles." 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).   JUDICIAL DECISIONS    Cited in Allen v. State, 286 Ga. 392, 687 S.E.2d 799 (2010).
GA Code § 42-9-4 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 9 - Pardons and Paroles|Article 1 - General Provisions|§ 42-9-4. Appointments to Board When Senate Not in Session

 Appointments made at times when the Senate is not in session shall be effective ad interim.   (Ga. L. 1973, p. 157, § 2.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 63A Am. Jur. 2d, Public Officers and Employees, §§ 135, 137.   C.J.S.   - 67 C.J.S., Officers and Public Employees, §§ 110-119.
GA Code § 42-9-5 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 9 - Pardons and Paroles|Article 1 - General Provisions|§ 42-9-5. Compensation of Board Members

 The members of the board shall devote their full time to the duties of their office. Beginning July 1, 1999, the salaries of the members of the board shall be set by the Governor and their travel expenses and costs of lodging and meals shall be paid as provided in Code Section 45-7-20.   (Ga. L. 1943, p. 185, § 3; Ga. L. 1947, p. 673, § 2; Ga. L. 1952, p. 6, § 1; Ga. L. 1989, p. 14, § 42; Ga. L. 1999, p. 910, § 3; Ga. L. 1999, p. 1213, § 4.)   OPINIONS OF THE ATTORNEY GENERAL   Per diem defined.   - Words "per diem" are commonly used to cover an allowance for expenses of officials or agents while they are upon official or proper business away from their regular headquarters or base. 1948-49 Op. Att'y Gen. p. 415.    Purpose of the General Assembly in passing this article  was to provide, in addition to the salary paid the board members, a subsistence allowance of a certain amount per month, plus transportation fare and per diem if travel is made by railroad or bus, or the regular mileage fee when a private car is used in the performance of official duties. Hence, the board members are entitled to receive the monthly subsistence plus transportation and per diem. 1948-49 Op. Att'y Gen. p. 415.    Members of State Board of Pardons and Paroles may receive subsistence  payment each month and may receive expenses for lodging and meals incurred while traveling upon official business. 1948-49 Op. Att'y Gen. p. 415.   RESEARCH REFERENCES   Am. Jur. 2d.   - 63A Am. Jur. 2d, Public Officers and Employees, §§ 431 et seq., 448 et seq., 461.   C.J.S.   - 67 C.J.S., Officers and Public Employees, §§ 318, 322-326.
GA Code § 42-9-6 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 9 - Pardons and Paroles|Article 1 - General Provisions|§ 42-9-6. Board Chairman

  Each year the board shall elect one of its members to serve as chairman of the board for the ensuing year.   The chairman shall draw no salary from the state in addition to that which he receives as a member of the board.    (Ga. L. 1943, p. 185, § 4; Ga. L. 1983, p. 500, § 3; Ga. L. 1984, p. 689, § 1.)   Cross references.   - Manner of selection of chairman of board, Ga. Const. 1983, Art. IV, Sec. II, Para. I.   Editor's notes.   - Ga. L. 1983, p. 500, § 1, not codified by the General Assembly, provides as follows: "It is the intent of this Act to implement certain changes required by Article IV, Section II of the Constitution of the State of Georgia."   JUDICIAL DECISIONS   Liability for invidious discrimination.   - Doctrine of qualified immunity does not shield defendants, Chair of the Board of Pardons and Paroles and Parole Decisions Guidelines employee, from liability for the plaintiff's equal protection claim. When making a parole decision, members of a parole board may not engage in invidious discrimination based on race, religion, national origin, poverty, or some other constitutionally protected interest. Parisie v. Morris, 873 F. Supp. 1560 (N.D. Ga. 1995).   OPINIONS OF THE ATTORNEY GENERAL   Purpose and function of chair of board.   - Creation of a chair position for the State Board of Pardons and Paroles was for the convenience of the board, in that the board is privileged to expect and to call upon such member for the performance of duties or services not calling for the action of the board or delegated by the General Assembly to others; the board has the right to determine such duties and to provide how, and in what manner, the particular administrative acts shall be performed. 1945-47 Op. Att'y Gen. p. 450.
GA Code § 42-9-7 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 9 - Pardons and Paroles|Article 1 - General Provisions|§ 42-9-7. Board Quorum

 A majority of the board shall constitute a quorum for the transaction of all business except as otherwise provided in this chapter.   (Ga. L. 1943, p. 185, § 6.)   OPINIONS OF THE ATTORNEY GENERAL    Quorum of two members of the State Board of Pardons and Paroles  must be present in order to grant a reprieve to an inmate; further, the law provides that two members of the board must concur in order to grant an inmate a reprieve. 1972 Op. Att'y Gen. No. 72-6.
GA Code § 42-9-8 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 9 - Pardons and Paroles|Article 1 - General Provisions|§ 42-9-8. Official Board Seal

 The board shall adopt an official seal of which the courts shall take judicial notice.   (Ga. L. 1943, p. 185, § 5.)
GA Code § 42-9-9 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 9 - Pardons and Paroles|Article 1 - General Provisions|§ 42-9-9. Board Employees; "Disability" Defined; Awarding of Badges

  The board may appoint such clerical, stenographic, supervisory, and expert assistants and may establish such qualifications for its employees as it deems necessary. In its discretion, the board may discharge such employees.   An employee leaving the service of the board under honorable conditions who has accumulated 20 or more years of service with the board, or 20 or more years of combined service as a parole officer with the board, a probation officer or supervisor with the Department of Corrections, or a community supervision officer with the department, shall be entitled as part of such employee's compensation to retain his or her board issued weapon and badge.     As used in this subsection, the term "disability" means a disability that prevents an individual from working as a parole officer.   When a parole officer leaves the employment of the board as a result of a disability arising in the line of duty, such parole officer shall be entitled as part of such parole officer's compensation to retain his or her weapon and badge in accordance with rules and regulations promulgated by the board.     A parole officer killed in the line of duty shall be entitled to have his or her board issued badge given to a surviving family member.   The board shall be authorized to promulgate rules and regulations for the implementation of this Code section.    (Ga. L. 1943, p. 185, § 9; Ga. L. 2008, p. 285, § 1/SB 502; Ga. L. 2013, p. 82, § 2/HB 482; Ga. L. 2015, p. 422, § 5-82/HB 310; Ga. L. 2016, p. 608, § 4/SB 270.)    The 2013 amendment,  effective July 1, 2013, deleted the former last sentence of subsection (b), which read; "The board is authorized to promulgate rules and regulations for the implementation of this subsection.", and added subsections (c) and (d).    The 2015 amendment,  effective July 1, 2015, rewrote this Code section. See Editor's notes for applicability.    The 2016 amendment,  effective May 3, 2016, designated the existing provisions as subsection (a) and added subsections (b) through (e).   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).   OPINIONS OF THE ATTORNEY GENERAL    Board may hire and discharge employees  required in the performance of the board's quasi-judicial functions. 1975 Op. Att'y Gen. No. 75-35.   Assignment of staff by department to board not required.   - Since the board has statutory authority to hire the board's own personnel to assist in carrying out the board's quasi-judicial functions, the Department of Offender Rehabilitation (Corrections) is not authorized to assign staff to the board as preparole investigators. 1975 Op. Att'y Gen. No. 75-35.