reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 2 - BOARD AND DEPARTMENT OF CORRECTIONS (§§ 42-2-1 — 42-2-16) › Section 42-2-2 - Board members, officers, records, and compensation

(a)
On and after July 1, 1983, the board shall consist of one member from each congressional district in the state and five additional members from the state at large. All members shall be appointed by the Governor, subject to confirmation by the Senate. The initial terms of members shall be as follows: two members representative of congressional districts and one at-large member shall be appointed for a term ending July 1, 1984; two members representative of congressional districts and one at-large member shall be appointed for a term ending July 1, 1985; two members representative of congressional districts and one at-large member shall be appointed for a term ending July 1, 1986; two members representative of congressional districts and one at-large member shall be appointed for a term ending July 1, 1987; and two members representative of congressional districts and one at-large member shall be appointed for a term ending July 1, 1988. Thereafter, all members appointed to the board by the Governor shall be appointed for terms of five years and until their successors are appointed and qualified. In the event of a vacancy during the term of any member by reason of death, resignation, or otherwise, the appointment of a successor by the Governor shall be for the remainder of the unexpired term of such member.
(b)
The first members appointed under this Code section shall be appointed for terms which begin July 1, 1983. The members of the board serving on April 1, 1983, shall remain in office until their successors are appointed and qualified.
(c)
The board shall annually elect one of its members as chairman and shall elect from its membership a secretary of the board. The secretary of the board shall keep adequate records and minutes of all business and official acts of the board. Records of the board shall be maintained in the office of the commissioner.
(d)
Each member of the Board of Corrections shall receive the sum provided for by Code Section
45-7-21
for each day of actual attendance at meetings of the board and for each day of travel as a member of a committee of the board. In addition, upon recommendation by the chairman or the board, each member shall receive for out-of-state travel actual expenses incurred in connection therewith and reimbursement for actual transportation costs while traveling by public carrier or the legal mileage rate for the use of a personal automobile in connection with such attendance. Such sums, expenses, and costs shall be paid from funds appropriated or otherwise available to the Department of Corrections.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 2 - BOARD AND DEPARTMENT OF CORRECTIONS (§§ 42-2-1 — 42-2-16) › Section 42-2-3 - Board meetings

The board shall meet once each month in the office of the commissioner, unless in the discretion of a majority of the board it is necessary or convenient to meet elsewhere to carry out the duties of the board. Special meetings may be held at such times and places as shall be specified by the call of the chairman of the board or by the commissioner. The secretary of the board shall give written notice of the time and place of all meetings of the board to each member of the board and to the commissioner. Meetings of the board shall be open to the public. However, the board may hold executive sessions pursuant to Chapter 14 of Title 50 whenever it, in its discretion, deems advisable. A majority of the board shall constitute a quorum for the transaction of business.
Amended by 2002 Ga. Laws 985, § 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 2 - BOARD AND DEPARTMENT OF CORRECTIONS (§§ 42-2-1 — 42-2-16) › Section 42-2-4 - [Reserved] Department created

Amended by 2023 Ga. Laws 353,§ 5, eff. 7/1/2023.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 2 - BOARD AND DEPARTMENT OF CORRECTIONS (§§ 42-2-1 — 42-2-16) › Section 42-2-5 - Administrative functions of department

(a)
The department shall administer the state's correctional institutions and the rehabilitative programs conducted therein.
(b)
The department shall provide The Council of Superior Court Clerks of Georgia the data set forth in Code Section
15-12-40.1
, without charge and in the electronic format requested.
Amended by 2014 Ga. Laws 578,§ 13, eff. 7/1/2014.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 2 - BOARD AND DEPARTMENT OF CORRECTIONS (§§ 42-2-1 — 42-2-16) › Section 42-2-5.1 - Special school district for school age youth

(a)
In order to provide education for any school age youth incarcerated within any facility of the department, the department shall be considered a special school district which shall be given the same funding consideration for federal funds that school districts within this state are given. The special school district under the department shall have the powers, privileges, and authority exercised or capable of exercise by any other school district. The schools within the special school district shall be under the control of the commissioner, who shall serve as the superintendent of schools for such district, except as otherwise provided in subsection (b) of this Code section. The board shall serve as the board of education for such district. The board, acting alone or in cooperation with the State Board of Education, shall establish education standards for the district. As far as is practicable, such standards shall adhere to the standards adopted by the State Board of Education for the education of school age youth, while taking into account:
(1)
The overriding security needs of correctional institutions and other restrictions inherent to the nature of correctional facilities;
(2)
The effect of limited funding on the capability of the department to meet certain school standards; and
(3)
Existing juvenile education standards of the Correctional Education Association and the American Correctional Association, which shall be given primary consideration where any conflicts arise.
(b)
Any school within the department that is operated by a state charter school pursuant to a contract entered into in accordance with Code Section
20-2-2084.1
shall be under the control of the State Charter Schools Commission and the governing board of the state charter school, subject to any conditions in the contract. Any such school shall not be considered a part of the special school district established pursuant to this Code section.
(c)
The effect of subsection (a) of this Code section shall not be to provide state funds to the special school district under the department through Part 4 of Article 6 of Chapter 2 of Title 20, except as otherwise provided in Code Section
20-2-2084.1
.
Amended by 2016 Ga. Laws 460,§ 2-5, eff. 7/1/2016.
Amended by 2014 Ga. Laws 476,§ 1-6, eff. 7/1/2014.
Amended by 2011 Ga. Laws 225,§ 3, eff. 7/1/2011.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 2 - BOARD AND DEPARTMENT OF CORRECTIONS (§§ 42-2-1 — 42-2-16) › Section 42-2-5.2 - Educational programs for adult offenders; awarding of Program and Treatment Completion Certificate

(a)
The board, acting alone or in cooperation with the State Board of the Technical College System of Georgia or other relevant education agencies, shall provide overall direction of educational programs for adult offenders in the correctional system and shall exercise program approval authority. The board may enter into written agreements with other educational organizations and agencies in order to provide adult offenders with such education and employment skills most likely to encourage gainful employment and discourage return to criminal activity upon release. The board may also enter into agreements with other educational organizations and agencies to attain program certification for its vocational and technical education programs.
(b)
The board shall develop and implement programs to assist adult offenders with reentry into society upon release from prison. In addition to educational and vocational programs, reentry programs may include social and behavioral programs, substance abuse counseling, mentoring programs, financial planning, physical and mental health programs, and housing and federal assistance programs.
(c)
The board shall create a Program and Treatment Completion Certificate that may be issued to offenders under the rules and regulations of the board. Such certificate shall symbolize an offender's achievements toward successful reentry into society. The board's rules and regulations relating to the issuance of such certificate shall take into account an offender's disciplinary record and any other factor the board deems relevant to an individual's qualification for such certificate. The board's rules and regulations shall specify eligibility considerations and requirements for completion of such certificate. An offender who was convicted of a serious violent felony, as such term is defined in Code Section
17-10-6.1
, shall not be eligible for such certificate.
(d)
Nothing in this Code section shall be construed to constitute a waiver of the sovereign immunity of the state, and no action shall be maintained against the state or any agency or department thereof for issuance of or failure to issue any Program and Treatment Completion Certificate.
Added by 2014 Ga. Laws 476,§ 1-6, eff. 7/1/2014.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 2 - BOARD AND DEPARTMENT OF CORRECTIONS (§§ 42-2-1 — 42-2-16) › Section 42-2-6 - Office of commissioner created; general duties; appointment; compensation

(a)
There is created the position of commissioner of corrections. The commissioner shall be the chief administrative officer of the department. Subject to the general policy established by the board, the commissioner shall supervise, direct, account for, organize, plan, administer, and execute the functions vested in the department by this title.
(b)
The commissioner shall be appointed by and shall serve at the pleasure of the board. Beginning July 1, 1999, the salary of the commissioner shall be set by the Governor and the expenses and allowances of the commissioner shall be as set by statute.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 2 - BOARD AND DEPARTMENT OF CORRECTIONS (§§ 42-2-1 — 42-2-16) › Section 42-2-7 - Duties of commissioner relating to department retirements

The commissioner shall act for the department for and in compliance to any retirement provisions for the employees and officials of the department.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 2 - BOARD AND DEPARTMENT OF CORRECTIONS (§§ 42-2-1 — 42-2-16) › Section 42-2-8 - Additional duties of commissioner

(a)
The commissioner shall direct and supervise all the administrative activities of the board and shall attend all meetings of the board. The commissioner shall also make, publish in print or electronically, and furnish to the General Assembly and to the Governor annual reports regarding the work of the board, along with such special reports as he or she may consider helpful in the administration of the penal system or as may be directed by the board. The commissioner shall perform such other duties and functions as are necessary or desirable to carry out the intent of this chapter and which he or she may be directed to perform by the board.
(b)
The commissioner or the commissioner's designee shall be authorized to make and execute contracts and all other instruments necessary or convenient for the acquisition of professional and personal employment services and for the leasing of real property. Subject to legislative appropriations, the commissioner shall also be authorized to make and execute any contract for the land acquisition, design, construction, operation, maintenance, use, lease, or management of a state correctional institution or for any services pertaining to the custody, care, and control of inmates or other functions as are related to the discharge of these responsibilities and to designate any person or organization with whom the commissioner contracts as a law enforcement unit under paragraph (7) of Code Section
35-8-2
.
(c)
The commissioner and any person designated and serving in the position of his or her chief of staff shall be authorized to issue a warrant for the arrest of an offender who has escaped from the custody of the department upon probable cause to believe the offender has violated Code Section
16-10-52
, relating to escape from lawful confinement.
Amended by 2016 Ga. Laws 606,§ 7, eff. 7/1/2016.
Amended by 2016 Ga. Laws 524,§ 3, eff. 7/1/2016.
Amended by 2010 Ga. Laws 615,§ 10, eff. 6/3/2010.
Amended by 2007 Ga. Laws 128,§ 1, eff. 5/18/2007.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 2 - BOARD AND DEPARTMENT OF CORRECTIONS (§§ 42-2-1 — 42-2-16) › Section 42-2-9 - Selection of department personnel; employee records

The commissioner is authorized to appoint and employ such clerical force as is necessary to carry on the administration of the penal system. He may also employ such experts and technical help as are needed, along with assistants to the commissioner, wardens, superintendents, guards, and other employees necessary for the operation of the state operated institutions where inmates are confined. The commissioner shall establish and maintain in his office a complete roster of all employees in his office and in each of the various institutions operating under the authority of the board.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 2 - BOARD AND DEPARTMENT OF CORRECTIONS (§§ 42-2-1 — 42-2-16) › Section 42-2-10 - Office of board, commissioner, and staff

The executive office of the board and the commissioner shall be located in the City of Atlanta, and suitable quarters shall be assigned to the board and the commissioner and to his staff of employees.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 2 - BOARD AND DEPARTMENT OF CORRECTIONS (§§ 42-2-1 — 42-2-16) › Section 42-2-12 - Reasonableness of rules and regulations

All rules and regulations enacted by the board under the authority of this chapter must be reasonable.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 2 - BOARD AND DEPARTMENT OF CORRECTIONS (§§ 42-2-1 — 42-2-16) › Section 42-2-13 - Grants to municipal corporations and counties for local jails and correctional institutions

(a)
The commissioner may make grants of funds to municipal corporations and counties for establishing, constructing, and operating local jails and correctional institutions. Any such grant shall be in addition to, and not in lieu of, state payments made pursuant to Code Section
42-5-51
and Code Section
42-5-53
. The commissioner shall make such grants where the recipient, sum, and purpose have been specified by appropriation. From funds generally available for such grants, but when such funds are available without specification other than general purpose, the commissioner shall allocate such funds according to criteria established by the commissioner, including, but not limited to, overpopulation, innovativeness, efficiency, multigovernment involvement, and readiness.
(b)
Pursuant to Article VII, Section III, Paragraph III of the Constitution and as otherwise may be authorized, all grants similar to grants provided for in subsection (a) of this Code section made by the department before March 15, 1988, are ratified, confirmed, and approved.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 2 - BOARD AND DEPARTMENT OF CORRECTIONS (§§ 42-2-1 — 42-2-16) › Section 42-2-14 - Power of Governor to declare state of emergency with regard to jail and prison overcrowding

The Governor, upon certification by the commissioner of corrections and approval by the director of the Office of Planning and Budget that the population of the prison system of the State of Georgia has exceeded the capacity of the prison system for any period of 90 consecutive days, beginning at any time after December 31, 1988, may declare a state of emergency with regard to jail and prison overcrowding. Following the declaration of such emergency, the department may establish additional facilities for use by the department, such facilities to be either of a permanent type of construction or of a temporary or movable type as the department may find most advantageous to the particular needs, to the end that the inmates under its supervision may be so distributed throughout the state as to facilitate individualization of treatment designed to prepare them for lawful living in the community where they are most likely to reside after their release from a correctional facility. For this purpose, the department may purchase or lease sites and suitable lands and erect necessary buildings thereon or purchase or lease existing facilities, all within the limits of appropriations as approved by the General Assembly. With the approval of the Governor, provisions of Chapter 5 of Title 50, relating to the Department of Administrative Services, or provisions of Code Section
50-6-25
or Chapter 22 of Title 50, relating to control over acquisition of professional services, may be waived by the department to facilitate the rapid construction or procurement of facilities for inmates; provided, however, that the authority to waive provisions of Code Section
50-6-25
shall terminate as of July 1, 1991. During any year in which correctional facilities are constructed or procured under this Code section and any requirements are waived, the department shall furnish the Governor and the General Assembly with a detailed report specifying the facilities constructed or procured, the requirements waived, and the reasons therefor.
Amended by 2012 Ga. Laws 684,§ 42, eff. 5/1/2012.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 2 - BOARD AND DEPARTMENT OF CORRECTIONS (§§ 42-2-1 — 42-2-16) › Section 42-2-16 - Retaining department issued weapons

(a)
An employee leaving the service of the department under honorable conditions who has accumulated 20 or more years of service with the department as a certified officer shall be entitled as part of such employee's compensation to retain his or her department issued weapon.
(b)
The board is authorized to promulgate rules and regulations for the implementation of this Code section.
Added by 2013 Ga. Laws 22,§ 1, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 3 - COMMUNITY SUPERVISION (§§ 42-3-1 — 42-3-119) › Article 1 - GENERAL PROVISIONS (§§ 42-3-1 — 42-3-10) › Section 42-3-1 - Definitions

As used in this chapter, the term:
(1)
"Board" means the Board of Community Supervision.
(2)
"Commissioner" means the commissioner of community supervision.
(3)
"Community supervision officer" means an individual employed by DCS who supervises probationers or parolees.
(4)
"DCS" means the Department of Community Supervision.
(5)
"Split sentence" means any felony sentence that includes a term of imprisonment followed by a term of probation.
Added by 2015 Ga. Laws 73,§ 1-1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 3 - COMMUNITY SUPERVISION (§§ 42-3-1 — 42-3-119) › Article 1 - GENERAL PROVISIONS (§§ 42-3-1 — 42-3-10) › Section 42-3-3 - Department of Community Supervision created; responsibilities

(a)
There is created the Department of Community Supervision. DCS shall be the agency primarily responsible for:
(1)
Supervision of all defendants who receive a felony sentence of straight probation;
(2)
Supervision of all defendants who receive a split sentence;
(3)
Supervision of all defendants placed on parole or other conditional release from imprisonment by the State Board of Pardons and Paroles;
(4)
Supervision of juvenile offenders released from restrictive custody due to an adjudication for a Class A designated felony act or Class B designated felony act, as such terms are defined in Code Section
15-11-2
, except as otherwise provided by the rules and regulations of the Board of Juvenile Justice governing such supervision;
(5)
Administration of laws, rules, and regulations relating to probation and parole supervision, as provided for by law;
(6)
Enforcement of laws, rules, and regulations relating to probation and parole supervision, as provided for by law;
(7)
Administration of laws as provided in this chapter and Chapters 8 and 9 of this title;
(8)
Regulating entities and individuals that provide probation supervision services pursuant to Article 6 of Chapter 8 of this title;
(9)
Reviewing the uniform professional standards for private probation officers and uniform contract standards for private probation contracts established in Code Section
42-8-107
and submit a report with its recommendations to the board. DCS shall submit its initial report on or before January 1, 2018, and shall continue such reviews every two years thereafter. Such report shall provide information which will allow the board to review the effectiveness of the uniform professional standards and uniform contract standards and, if necessary, to revise such standards;
(10)
Producing an annual summary report; and
(11)
Administering laws, rules, and regulations relating to misdemeanor probation supervision pursuant to Article 6 of Chapter 8 of this title.
(b)
DCS shall ensure that community supervision officers who supervise juvenile offenders receive the same training to work specifically with children and adolescents as is provided for Department of Juvenile Justice probation officers. DCS shall offer the same array of services to juvenile offenders as are available to offenders who are committed to the Department of Juvenile Justice who are not placed in restrictive custody. With respect to the supervision of children, DCS shall be mindful of the purpose of Chapter 11 of Title 15 as set forth in Code Section
15-11-1
.
Amended by 2016 Ga. Laws 460,§ 5-2, eff. 7/1/2016.
Added by 2015 Ga. Laws 73,§ 1-1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 3 - COMMUNITY SUPERVISION (§§ 42-3-1 — 42-3-119) › Article 1 - GENERAL PROVISIONS (§§ 42-3-1 — 42-3-10) › Section 42-3-4 - Commissioner of community supervision; duties

(a)
There shall be a commissioner of community supervision who shall be both appointed by and serve at the pleasure of the Governor. Subject to the policies, rules, and regulations established by the board, the commissioner shall supervise, direct, account for, organize, plan, administer, and execute the functions of DCS.
(b)
The commissioner shall receive an annual salary to be set by the Governor which shall be his or her total compensation for services as commissioner. The commissioner shall be reimbursed for all actual and necessary expenses incurred by him or her in carrying out his or her official duties.
(c)
The position of commissioner shall be a separate and distinct position from any other position in state government. The duties of the commissioner shall be performed by the commissioner and not by any other officer of state government, and the commissioner shall not perform the duties of any other officer of state government.
Added by 2015 Ga. Laws 73,§ 1-1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 3 - COMMUNITY SUPERVISION (§§ 42-3-1 — 42-3-119) › Article 1 - GENERAL PROVISIONS (§§ 42-3-1 — 42-3-10) › Section 42-3-5 - Administrative functions of department

(a)
The commissioner, with the approval of the board, may establish units within DCS as he or she deems proper for its administration and shall designate persons to be assistant commissioners of each unit and to exercise authority as he or she may delegate to them in writing. The commissioner shall establish an offender transition and reentry unit within DCS to coordinate successful offender reentry in this state, reduce recidivism, enhance public safety through collaboration among stakeholders, and assist in ensuring the appropriate and responsible use of cost savings realized by justice reforms through reinvestment in evidence based, community centered services. The commissioner shall establish a misdemeanor probation unit within DCS to coordinate and oversee services provided under Article 6 of Chapter 8 of this title. The commissioner shall establish a victim services unit within DCS to coordinate:
(1)
Payment of court ordered restitution; and
(2)
Victim services, including, but not limited to, payments available to victims as provided by law and assisting victims with support services.
(b)
The commissioner shall have the authority to employ as many individuals as he or she deems necessary for the administration of DCS and for the discharge of the duties of his or her office. The commissioner shall issue all necessary directions, instructions, orders, and rules applicable to employees of DCS. The commissioner shall have authority, as the commissioner deems proper, to employ, assign, compensate, and discharge employees of DCS within the limitations of DCS's appropriation and the restrictions set forth by law.
(c)
No employee of DCS shall be compensated for services to DCS on a commission or contingent fee basis.
(d)
Neither the commissioner nor any community supervision officer or employee of DCS shall be given or receive any fee, compensation, loan, gift, or other thing of value in addition to the compensation and expense allowance provided by law for any service or pretended service either rendered or to be rendered as commissioner or as a community supervision officer or employee of DCS.
Amended by 2016 Ga. Laws 460,§ 5-3, eff. 7/1/2016.
Added by 2015 Ga. Laws 73,§ 1-1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 3 - COMMUNITY SUPERVISION (§§ 42-3-1 — 42-3-119) › Article 1 - GENERAL PROVISIONS (§§ 42-3-1 — 42-3-10) › Section 42-3-6 - Rules and regulations

(a)
The commissioner, with the approval of the board, shall have the power to make and publish reasonable rules and regulations not inconsistent with this title or other laws or with the Constitution of this state or of the United States for the administration of this chapter or any law which it is his or her duty to administer.
(b)
The commissioner may prescribe forms as he or she deems necessary for the administration and enforcement of this chapter and Chapters 8 and 9 of this title or any law which it is his or her duty to administer.
(c)
The commissioner may confer all powers of a police officer of this state, including, but not limited to, the power to make summary arrests for violations of any of the criminal laws of this state and the power to carry weapons, upon persons in the commissioner's employment as the commissioner deems necessary, provided that individuals so designated meet the requirements specified in all applicable laws.
(d)
The commissioner or his or her designee may authorize certain persons in the commissioner's employment to assist law enforcement officers or correctional officers of local governments in preserving order and peace when so requested by such local authorities.
(e)
The following rules and regulations shall remain in full force and effect as rules and regulations of DCS until amended, repealed, or superseded by rules or regulations adopted by the board:
(1)
All rules and regulations previously adopted by the Advisory Council for Probation which relate to functions transferred under this chapter from the state-wide probation system to DCS;
(2)
All rules and regulations previously adopted by the Department of Corrections or the Board of Corrections which relate to functions transferred under this chapter from the Department of Corrections to DCS;
(3)
All rules and regulations previously adopted by the State Board of Pardons and Paroles which relate to functions transferred under this chapter from the State Board of Pardons and Paroles to DCS;
(4)
All rules and regulations previously adopted by the Department of Juvenile Justice or the Board of Juvenile Justice which relate to functions transferred under this chapter from the Department of Juvenile Justice to DCS;
(5)
All rules and regulations previously adopted by the County and Municipal Probation Advisory Council which relate to functions transferred under this chapter from the County and Municipal Probation Advisory Council to DCS; and
(6)
All rules and regulations previously adopted by the Governor's Office of Transition, Support, and Reentry which relate to functions transferred under this chapter from the Governor's Office of Transition, Support, and Reentry to DCS.
Amended by 2016 Ga. Laws 460,§ 5-4, eff. 7/1/2016.
Added by 2015 Ga. Laws 73,§ 1-1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 3 - COMMUNITY SUPERVISION (§§ 42-3-1 — 42-3-119) › Article 1 - GENERAL PROVISIONS (§§ 42-3-1 — 42-3-10) › Section 42-3-7 - Transfer of prior appropriations, personnel, equipment, and facilities; probation and parole not affected by creation of department

(a)
Appropriations to the Department of Corrections, the Department of Juvenile Justice, the County and Municipal Probation Advisory Council, the State Board of Pardons and Paroles, and the Governor's Office of Transition, Support, and Reentry for functions transferred to DCS pursuant to this chapter shall be transferred to DCS as provided for in Code Section
45-12-90
. Personnel, equipment, and facilities previously employed by the Department of Corrections, the Department of Juvenile Justice, the County and Municipal Probation Advisory Council, the State Board of Pardons and Paroles, and the Governor's Office of Transition, Support, and Reentry for functions transferred to DCS pursuant to this chapter shall likewise be transferred to DCS. Any disagreement as to any of such transfers shall be resolved by the Governor. Any individual who is employed by the Department of Corrections as a probation officer or probation supervisor or by the State Board of Pardons and Paroles as a parole officer on or before July 1, 2016, and who is required by the terms of his or her employment to comply with the requirements of Chapter 8 of Title 35, the "Georgia Peace Officer Standards and Training Act," may remain in the employment of the employing agency but shall be transferred for administrative purposes only to DCS on July 1, 2015.
(b)
The enactment of this chapter and the Act by which it is enacted shall not affect or abate the status of probation, parole, a probation revocation, or a parole revocation which occurred prior to July 1, 2015.
Amended by 2016 Ga. Laws 460,§ 5-5, eff. 7/1/2016.
Added by 2015 Ga. Laws 73,§ 1-1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 3 - COMMUNITY SUPERVISION (§§ 42-3-1 — 42-3-119) › Article 1 - GENERAL PROVISIONS (§§ 42-3-1 — 42-3-10) › Section 42-3-9 - Retention of issued weapon and badge; survivor's rights to badge

(a)
An employee leaving the service of DCS under honorable conditions who has accumulated 20 or more years of service with DCS as a community supervision officer, or 20 or more years of combined service as a parole officer with the State Board of Pardons and Paroles, a probation officer or supervisor with the Department of Corrections, and community supervision officer, shall be entitled as part of such employee's compensation to retain his or her DCS issued weapon and badge.
(b)
As used in this subsection, the term "disability" means a disability that prevents an individual from working as a community supervision officer. When a community supervision officer leaves DCS as a result of a disability arising in the line of duty, such officer shall be entitled as part of such officer's compensation to retain his or her weapon and badge in accordance with regulations promulgated by the commissioner.
(c)
A community supervision officer who is killed in the line of duty shall be entitled to have his or her DCS issued badge given to a surviving family member.
(d)
The board is authorized to promulgate rules and regulations for the implementation of this Code section.
Added by 2015 Ga. Laws 73,§ 1-1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 3 - COMMUNITY SUPERVISION (§§ 42-3-1 — 42-3-119) › Article 1 - GENERAL PROVISIONS (§§ 42-3-1 — 42-3-10) › Section 42-3-10 - Appeals of sanctions; venue; no waiver of immunity

(a)
In order to appeal a sanction imposed by the board, a person shall remit a request for a hearing, in writing by certified mail or statutory overnight delivery, return receipt requested, to the board within 30 days from the date of personal notice or receipt of the notice of the sanction; otherwise, the right to such hearing shall be deemed waived. The board shall hold a hearing as provided in Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." If the sanction is sustained, the person who received the sanction shall have a right to file for a judicial review of the final decision, as provided for in Chapter 13 of Title 50, the "Georgia Administrative Procedure Act"; while such appeal is pending, the order of the board shall not be stayed. A petition for judicial review shall name the board as defendant, shall be served by certified mail or statutory overnight delivery, return receipt requested, and shall be filed in the superior court of the county where the offices of the board are located.
(b)
Actions at law and in equity against the board or any of its members predicated upon omissions or acts done in a member's official capacity or under color thereof shall be brought in the superior court of the county where the offices of the board are located; provided, however, that nothing in this Code section shall be construed as waiving the immunity of the state to be sued without its consent.
Added by 2016 Ga. Laws 460,§ 5-6, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 3 - COMMUNITY SUPERVISION (§§ 42-3-1 — 42-3-119) › Article 2 - OFFENDER REENTRY (§ 42-3-30) › Section 42-3-30 - through 42-3-35 - Reserved

Reserved. Repealed by Ga. L. 2016, p. 443, § 1/SB 367, effective July 1, 2016.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 3 - COMMUNITY SUPERVISION (§§ 42-3-1 — 42-3-119) › Article 3 - PARTICIPATION (§§ 42-3-50 — 42-3-54) › Section 42-3-50 - Definitions; assignment of community service for personal gain prohibited

(a)
As used in this article, the term:
(1)
"Agency" means any private or public entity or organization that provides services to the public and enhances the social welfare and general well-being of the community. Such term may include educational institutions and religious organizations that are nonprofit corporations or are qualified as tax exempt under
26 U.S.C. Section 501(c)(3)
, as it existed on March 1, 2018.
(2)
"Community service" means uncompensated work by an offender with an agency pursuant to an order by a court as a condition of probation or in lieu of payment of financial obligations imposed by a court.
(3)
"Community service officer" means an individual appointed by the court to place and supervise offenders sentenced to community service or educational advancement. Such term includes a paid professional or a volunteer.
(4)
"Educational advancement" means attending a work or job skills training program, a preparatory class for a state approved high school equivalency (HSE) diploma, or similar activity.
(b)
Except as provided in subsection (c) of this Code section, it shall be unlawful for an agency or community service officer to use or allow an offender to be used for any purpose resulting in private gain to any individual.
(c)
Subsection (b) of this Code section shall not apply to:
(1)
Work on private property because of a natural disaster; or
(2)
An order or direction by the court.
(d)
Any person who violates subsection (b) of this Code section shall be guilty of a misdemeanor.
Amended by 2022 Ga. Laws 726,§ 8, eff. 7/1/2022.
Amended by 2018 Ga. Laws 416,§ 2-11, eff. 7/1/2018.
Added by 2015 Ga. Laws 73,§ 1-1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 3 - COMMUNITY SUPERVISION (§§ 42-3-1 — 42-3-119) › Article 3 - PARTICIPATION (§§ 42-3-50 — 42-3-54) › Section 42-3-51 - Community service or educational advancement program; letter of application; requirements; limitation of liability

(a)
Agencies desiring to allow offenders to participate in their program shall file with the court a letter of application showing:
(1)
Eligibility;
(2)
Number of offenders who may be placed with the agency;
(3)
Work to be performed by the offender; and
(4)
Provisions for supervising the offender.
(b)
An agency selected by the court shall work with offenders who are assigned to the agency by the court. If an offender violates a court order, the agency shall report such violation to the community service officer.
(c)
If an agency violates any court order or this article, the offender shall be removed from the agency and the agency shall no longer be eligible to participate in the court's community service or in an educational advancement program.
(d)
No agency or community service officer shall be liable at law as a result of any of such agency's or community service officer's acts performed while an offender was participating in the court's community service or in an educational advancement program. This limitation of liability shall not apply to actions on the part of any agency or community service officer which constitute gross negligence, recklessness, or willful misconduct.
Amended by 2020 Ga. Laws 521,§ 42, eff. 7/29/2020.
Amended by 2019 Ga. Laws 321,§ 42, eff. 5/12/2019.
Amended by 2018 Ga. Laws 416,§ 2-11, eff. 7/1/2018.
Added by 2015 Ga. Laws 73,§ 1-1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 3 - COMMUNITY SUPERVISION (§§ 42-3-1 — 42-3-119) › Article 3 - PARTICIPATION (§§ 42-3-50 — 42-3-54) › Section 42-3-52 - Community service or educational advancement as condition of probation

(a)
Community service or educational advancement may be considered as a condition of probation or in lieu of court imposed financial obligations with primary consideration given to the following categories of offenders:
(1)
Traffic violations;
(2)
Ordinance violations;
(3)
Noninjurious or nondestructive, nonviolent misdemeanors;
(4)
Noninjurious or nondestructive, nonviolent felonies; and
(5)
Other offenders considered upon the discretion of the court.
(b)
The court may confer with the prosecuting attorney, the offender or his or her attorney if the offender is represented by an attorney, a community supervision officer, a community service officer, or other interested persons to determine if community service or educational advancement is appropriate for an offender. A court order shall specify that the court has approved community service or educational assistance for an offender. If community service or educational advancement is ordered, the court shall order:
(1)
Not less than 20 hours nor more than 250 hours in cases involving traffic or ordinance violations or misdemeanors, such service to be completed within one year; or
(2)
Not less than 20 hours nor more than 500 hours in felony cases, such service to be completed within three years.
(c)
The court may order an offender to perform community service hours in a 40 hour per week work detail in lieu of incarceration.
(d)
Community service or educational advancement hours may be added to original court ordered hours as a disciplinary action by the court, as an additional requirement of any program in lieu of incarceration, or as part of the sentencing options system as set forth in Article 6 of this chapter.
Amended by 2018 Ga. Laws 416,§ 2-11, eff. 7/1/2018.
Added by 2015 Ga. Laws 73,§ 1-1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 3 - COMMUNITY SUPERVISION (§§ 42-3-1 — 42-3-119) › Article 3 - PARTICIPATION (§§ 42-3-50 — 42-3-54) › Section 42-3-53 - Placement with appropriate agency; approval by court; report of offender's performance

The community service officer shall place an offender sentenced to community service or educational advancement with an appropriate agency. The agency and work schedule shall be approved by the court. If the offender is employed at the time of sentencing or if the offender becomes employed after sentencing, the community service officer shall consider the offender's work schedule and, to the extent practicable, shall schedule the community service or educational advancement so that it will not conflict with the offender's work schedule. This scheduling accommodation shall not be construed as requiring the community service officer to alter scheduled community service or educational advancement based on changes in an offender's work schedule. The community service officer shall supervise the offender for the duration of the sentence which requires community service or educational advancement. Upon completion of the such sentence, the community service officer shall prepare a written report evaluating the offender's performance which shall be used to determine if the conditions of probation or sentence have been satisfied.
Amended by 2018 Ga. Laws 416,§ 2-11, eff. 7/1/2018.
Added by 2015 Ga. Laws 73,§ 1-1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 3 - COMMUNITY SUPERVISION (§§ 42-3-1 — 42-3-119) › Article 3 - PARTICIPATION (§§ 42-3-50 — 42-3-54) › Section 42-3-54 - Applicability of Articles 2, 3, and 6 of this chapter

Article 2 of Chapter 8 of this title shall be applicable to offenders sentenced to community service or educational advancement pursuant to this article. Article 3 of Chapter 8 of this title shall be applicable to first offenders sentenced to community service or educational advancement pursuant to this article. Article 6 of Chapter 8 of this title shall be applicable to misdemeanor or ordinance violator offenders sentenced to community service or educational advancement pursuant to this article.
Amended by 2018 Ga. Laws 416,§ 2-11, eff. 7/1/2018.
Added by 2015 Ga. Laws 73,§ 1-1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 3 - COMMUNITY SUPERVISION (§§ 42-3-1 — 42-3-119) › Article 4 - PRETRIAL RELEASE AND DIVERSION PROGRAMS (§§ 42-3-70 — 42-3-74) › Section 42-3-70 - Operation of pretrial release and diversion programs

DCS shall be authorized to establish and operate pretrial release and diversion programs as rehabilitative measures for persons charged with felonies for which bond is permissible under the law in the courts of this state prior to conviction; provided, however, that no such program shall be established in a county without the unanimous approval of the superior court judges, the district attorney, and the sheriff of such county. The board shall promulgate rules and regulations governing any pretrial release and diversion programs established and operated by DCS and shall grant authorization for the establishment of such programs based on the availability of sufficient staff and resources.
Added by 2015 Ga. Laws 73,§ 1-1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 3 - COMMUNITY SUPERVISION (§§ 42-3-1 — 42-3-119) › Article 4 - PRETRIAL RELEASE AND DIVERSION PROGRAMS (§§ 42-3-70 — 42-3-74) › Section 42-3-71 - Discretionary release upon application by person charged with felony

The court in which a person is charged with a felony for which bond is permissible under the law may, upon the application by the person so charged, at its discretion release the person prior to conviction and upon recognizance to the supervision of a pretrial release or diversion program established and operated by DCS after an investigation and upon recommendation of the staff of the pretrial release or diversion program. In no case, however, shall any person be so released unless after consultation with his or her attorney or an attorney made available to the person if he or she is indigent that person has voluntarily agreed to participate in the pretrial release or diversion program and knowingly and intelligently has waived his or her right to a speedy trial for the period of pretrial release or diversion.
Added by 2015 Ga. Laws 73,§ 1-1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 3 - COMMUNITY SUPERVISION (§§ 42-3-1 — 42-3-119) › Article 4 - PRETRIAL RELEASE AND DIVERSION PROGRAMS (§§ 42-3-70 — 42-3-74) › Section 42-3-72 - Contracts with counties for services and facilities

DCS may contract with the various counties of this state for the services and facilities necessary to operate pretrial release and diversion programs established under this article, and both DCS and the counties are authorized to enter into such contracts as are appropriate to carry out the purpose of this article.
Added by 2015 Ga. Laws 73,§ 1-1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 3 - COMMUNITY SUPERVISION (§§ 42-3-1 — 42-3-119) › Article 4 - PRETRIAL RELEASE AND DIVERSION PROGRAMS (§§ 42-3-70 — 42-3-74) › Section 42-3-73 - Authority to establish and operate pretrial release diversion programs does not affect contracting authority of Georgia Department of Labor

The authority to establish and operate pretrial release and diversion programs granted to DCS under this article shall not affect the authority of the Georgia Department of Labor to enter into agreements with district attorneys of the several judicial circuits of this state for the purpose of establishing and operating pretrial intervention programs in such judicial circuits.
Added by 2015 Ga. Laws 73,§ 1-1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 3 - COMMUNITY SUPERVISION (§§ 42-3-1 — 42-3-119) › Article 4 - PRETRIAL RELEASE AND DIVERSION PROGRAMS (§§ 42-3-70 — 42-3-74) › Section 42-3-74 - Judicial approval for pretrial release and diversion program required

No person shall be released on an unsecured judicial release as provided for in Code Section
17-6-12
or approved for a pretrial release and diversion program without first having the approval in writing of the judge of the court having jurisdiction of the case.
Amended by 2020 Ga. Laws 547,§ 3-3, eff. 1/1/2021.
Added by 2015 Ga. Laws 73,§ 1-1, eff. 7/1/2015.