GA Code § 42-8-35.1 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 8 - Probation|Article 2 - State-Wide Probation System|§ 42-8-35.1. Probation Boot Camp Unit as Special Alternative Incarceration

  Notwithstanding any other terms or conditions of probation which may be imposed, a court may provide that probationers sentenced for felony offenses to a period of time of not less than one year on probation as a condition of probation shall satisfactorily complete a program of confinement in a special alternative incarceration - probation boot camp unit of the Department of Corrections for a period of 120 days computed from the time of initial confinement in the unit; provided, however, that the Department of Corrections may release the defendant upon service of 90 days in recognition of excellent behavior.   Before a court may place such condition upon the sentence, an initial investigation shall be completed by the officer which indicates that the probationer is qualified for such treatment in that the individual does not appear to be physically or mentally disabled in a way that would prevent him or her from strenuous physical activity, that the individual has no obvious contagious diseases, that the individual is not less than 17 years of age nor more than 30 years of age at the time of sentencing, and that the Department of Corrections has granted provisional approval of the placement of the individual in the special alternative incarceration - probation boot camp unit.   In every case when an individual is sentenced under the terms of this Code section, the sentencing court shall, within its probation order, direct the Department of Corrections to arrange with the sheriff's office in the county of incarceration to have the individual delivered to a designated unit of the Department of Corrections within a specific date not more than 15 days after the issuance of such probation order by the court.   At any time during the individual's confinement in the unit, but at least five days prior to his or her expected date of release, the Department of Corrections shall certify to the trial court as to whether the individual has satisfactorily completed the condition of probation provided in subsection (a) of this Code section.   Upon the receipt of a satisfactory report of performance in the program from the Department of Corrections, the trial court shall release the individual from confinement in the special alternative incarceration - probation boot camp unit. However, the receipt of an unsatisfactory report shall be grounds for revocation of the probated sentence as would any other violation of a condition or term of probation.   The satisfactory report of performance in the program from the Department of Corrections shall, in addition to the other requirements specified in this Code section, require participation of the individual confined in the unit in such adult education courses necessary to attain the equivalency of a grade five competency level as established by the State Board of Education for elementary schools. Those individuals who are mentally disabled as determined by initial testing shall be exempt from mandatory participation. After the individual is released from the unit, it shall be a special condition of probation that the individual participate in an education program in the community until grade five level competency is achieved or active probation supervision terminates. It shall be the duty of the Department of Corrections to certify to the trial court that such individual has satisfactorily completed such condition of probation while on active probation supervision. The receipt of an unsatisfactory report may be grounds for revocation of the probated sentence as would any other violation of a condition or term of probation. Under certain circumstances, the probationer may be exempt from this requirement if it is determined by the officer that community education resources are inaccessible to the probationer.     (Ga. L. 1982, p. 1097, § 1; Code 1981, §42-8-35.1, enacted by Ga. L. 1982, p. 1097, § 2; Ga. L. 1983, p. 3, § 31; Ga. L. 1984, p. 446, § 1; Ga. L. 1987, p. 654, § 1; Ga. L. 1991, p. 1751, § 1; Ga. L. 1993, p. 444, § 1; Ga. L. 1993, p. 1664, § 1; Ga. L. 1995, p. 1302, § 14; Ga. L. 2015, p. 422, § 4-1/HB 310.)    The 2015 amendment,  effective July 1, 2015, substituted "Department of Corrections" for "department" throughout; in subsection (a), in the first sentence, substituted "Notwithstanding any other terms or conditions of probation which may be imposed, a court may provide" for "In addition to any other terms or conditions of probation provided for under this chapter, the trial judge may provide", deleted "committed on or after July 1, 1993," following "felony offenses", substituted "probation shall" for "probation must", and substituted "that the Department of Corrections" for "the department"; in subsection (b), substituted "court may place such condition upon the sentence, an initial investigation shall be completed by the officer which indicates" for "court can place this condition upon the sentence, an initial investigation will be completed by the probation officer which will indicate" near the beginning, and inserted "or her" and in subsection (d); substituted "when an individual" for "where an individual" near the beginning of subsection (c); substituted "the condition of probation provided in subsection (a) of this Code section" for "this condition of probation" in subsection (d); substituted "report shall" for "report will" in the second sentence of subsection (e); in subsection (f), substituted "testing shall be exempt" for "testing are exempt" in the second sentence, substituted "such condition" for "this condition" near the middle of the fourth sentence, and deleted "probation" preceding "officer" in the last sentence. See Editor's notes for applicability.   Editor's notes.   - Ga. L. 1982, p. 2283, § 2 also enacted a Code Section 42-8-35.1, which was redesignated as Code Section 42-8-35.2 by Ga. L. 1983, p. 3, § 31.   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 1991 amendment of this Code section, see 8 Ga. St. U. L. Rev. 161 (1992).   JUDICIAL DECISIONS   Incarceration not imposable as condition for probation.    - In the absence of express statutory authority recognizing continuous and uninterrupted incarceration in a jail or penitentiary as a viable condition of probation, the imposition of any term of continuous and uninterrupted incarceration in a jail or penitentiary as a special condition of probation is unauthorized by law. Pitts v. State, 206 Ga. App. 635, 426 S.E.2d 257 (1992).   Penalty for violation of diversion center regulations.    - It was error to hold that a probationer's failure to abide by the diversion center's regulations made the probationer liable for the felony offense of escape rather than for the mere revocation of the probationer's probation. Unsatisfactory performance in the program would subject the probationer to revocation of probation as specified by O.C.G.A. § 42-8-38; however an alternative to revocation of probation would be the imposition of the more severe sanctions of O.C.G.A. § 16-10-52(a)(3) (redesignated as (a)(5) in 1997). When any uncertainty develops as to which penal clause is applicable, the accused is entitled to have the lesser of two penalties administered. Chandler v. State, 257 Ga. 775, 364 S.E.2d 273 (1988).    Person convicted of a misdemeanor may not be sentenced to attend a boot camp as a condition of probation. Johnson v. State, 267 Ga. 77, 475 S.E.2d 595 (1996).    Cited in Penaherrera v. State, 211 Ga. App. 162, 438 S.E.2d 661 (1993).