reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 8 - PROBATION (§§ 42-8-1 — 42-8-150) › Article 6 - CONTRACTS FOR PRIVATE PROBATION SERVICES BY MUNICIPAL AND COUNTY COURTS (§§ 42-8-100 — 42-8-109.5) › Section 42-8-103.1 - Serving consecutive misdemeanor sentences

(a)
When a defendant is serving consecutive misdemeanor sentences, whether as a result of one case from one jurisdiction or multiple cases from multiple jurisdictions, upon motion by the defendant, the court may discharge such defendant from further supervision or otherwise terminate probation when it is satisfied that its action would be in the best interest of justice and the welfare of society. Such motion shall not be ripe until 12 months after the sentence was entered and every four months thereafter. The defendant shall serve the applicable entity or governing authority that is providing his or her probation services with a copy of such motion.
(b)
When a defendant is serving consecutive misdemeanor sentences, his or her probation officer or private probation officer, as the case may be, shall review such case after 12 consecutive months of probation supervision wherein the defendant has paid in full all court imposed fines, statutory surcharges, and restitution and has otherwise completed all testing, evaluations, and rehabilitative treatment programs ordered by the court to determine if such officer recommends early termination of probation. Each such case shall be reviewed every four months thereafter for the same determination until the termination, expiration, or other disposition of the case. If such officer recommends early termination, he or she shall immediately submit an order to the court to effectuate such purpose.
Added by 2016 Ga. Laws 460,§ 7-5, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 8 - PROBATION (§§ 42-8-1 — 42-8-150) › Article 6 - CONTRACTS FOR PRIVATE PROBATION SERVICES BY MUNICIPAL AND COUNTY COURTS (§§ 42-8-100 — 42-8-109.5) › Section 42-8-106 - Advisory committee created; membership

There is created a judicial advisory committee with respect to the provisions of this article composed of one superior court judge designated by The Council of Superior Court Judges of Georgia, one state court judge designated by The Council of State Court Judges of Georgia, one municipal court judge designated by the Council of Municipal Court Judges of Georgia, one probate court judge designated by The Council of Probate Court Judges of Georgia, one magistrate designated by the Council of Magistrate Court Judges, one attorney who specializes in criminal defense appointed by the Governor, one probation officer appointed by the Governor, and one private probation officer or individual with expertise in private probation services by virtue of his or her training or employment appointed by the Governor. The appointing authority shall determine the length of its appointee's term serving on such committee. The judicial advisory committee shall provide advice and consultation to the board and DCS on matters relating to this article. The judicial advisory committee shall elect a chairperson from among its membership and such other officers as it deems necessary.
Amended by 2016 Ga. Laws 460,§ 7-7, eff. 7/1/2016.
Renumbered from §
42-8-101
and amended by 2015 Ga. Laws 73,§ 3-2, eff. 7/1/2015.
Amended by 2006 Ga. Laws 743,§ 2, eff. 7/1/2006.
See 2006 Ga. Laws 743, § 3.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 8 - PROBATION (§§ 42-8-1 — 42-8-150) › Article 6 - CONTRACTS FOR PRIVATE PROBATION SERVICES BY MUNICIPAL AND COUNTY COURTS (§§ 42-8-100 — 42-8-109.5) › Section 42-8-108 - Quarterly report to judge and council; records to be open for inspection

(a)
Any private corporation, private enterprise, or private agency contracting to provide probation services or any county, municipality, or consolidated government entering into an agreement under the provisions of this article shall provide to the judge who consented to such contract or agreement and DCS a quarterly report summarizing the number of offenders under supervision; the amount of fines, statutory surcharges, and restitution collected; the amount of fees collected and the nature of such fees, including probation supervision fees, rehabilitation programming fees, electronic monitoring fees, drug or alcohol detection device fees, substance abuse or mental health evaluation or treatment fees if such services are provided directly or otherwise to the extent such fees are known, and drug testing fees; the number of community service hours performed by probationers under supervision; a listing of any other service for which a probationer was required to pay to attend; the number of offenders for whom supervision or rehabilitation has been terminated and the reason for the termination; and the number of warrants issued during the quarter, in such detail as DCS may require. Information reported pursuant to this subsection shall be annually submitted to the governing authority that entered into such contract and thereafter be subject to disclosure pursuant to Article 4 of Chapter 18 of Title 50. Local governments are encouraged to post electronic copies of the annual report on the local government's website, if such website exists.
(b)
All records of any private corporation, private enterprise, or private agency contracting to provide services or of any county, municipality, or consolidated government entering into an agreement under the provisions of this article shall be open to inspection upon the request of the affected county, municipality, consolidated government, court, the Department of Audits and Accounts, an auditor appointed by the affected county, municipality, or consolidated government, the Department of Corrections, DCS, the State Board of Pardons and Paroles, or the board.
Amended by 2017 Ga. Laws 275,§ 42, eff. 5/9/2017.
Amended by 2016 Ga. Laws 460,§ 7-9, eff. 7/1/2016.
Renumbered from §
42-8-103
and amended by 2015 Ga. Laws 73,§ 3-2, eff. 7/1/2015.
Amended by 2006 Ga. Laws 743,§ 2, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 8 - PROBATION (§§ 42-8-1 — 42-8-150) › Article 6 - CONTRACTS FOR PRIVATE PROBATION SERVICES BY MUNICIPAL AND COUNTY COURTS (§§ 42-8-100 — 42-8-109.5) › Section 42-8-109 - Private entities conflicts of interest prohibited

(a)
No private corporation, private enterprise, or private agency contracting to provide probation services under the provisions of this article nor any employees of such entities shall engage in any other employment, business, or activity which interferes or conflicts with the duties and responsibilities under contracts authorized in this article.
(b)
No private corporation, private enterprise, or private agency contracting to provide probation services under the provisions of this article nor its employees shall have personal or business dealings, including the lending of money, with probationers under their supervision.
(c)
(1)
No private corporation, private enterprise, or private agency contracting to provide probation services under the provisions of this article nor any employees of such entities, shall own, operate, have any financial interest in, be an instructor at, or be employed by any private entity which provides drug or alcohol education services or offers a DUI Alcohol or Drug Use Risk Reduction Program certified by the Department of Driver Services.
(2)
No private corporation, private enterprise, or private agency contracting to provide probation services under the provisions of this article nor any employees of such entities shall specify, directly or indirectly, a particular DUI Alcohol or Drug Use Risk Reduction Program which a probationer may or shall attend. This paragraph shall not prohibit furnishing any probationer, upon request, with the names of certified DUI Alcohol or Drug Use Risk Reduction Programs. Any person violating this paragraph shall be guilty of a misdemeanor.
Renumbered from §
42-8-104
and amended by 2015 Ga. Laws 73,§ 3-2, eff. 7/1/2015.
Amended by 2006 Ga. Laws 743,§ 2, eff. 7/1/2006.
Amended by 2005 Ga. Laws 68,§ 24-2, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 8 - PROBATION (§§ 42-8-1 — 42-8-150) › Article 6 - CONTRACTS FOR PRIVATE PROBATION SERVICES BY MUNICIPAL AND COUNTY COURTS (§§ 42-8-100 — 42-8-109.5) › Section 42-8-109.1 - Public entities and employees conflicts of interest prohibited

(a)
No county, municipality, or consolidated government probation office employee shall engage in any other employment, business, or activity which interferes or conflicts with the employee's duties and responsibilities under agreements authorized in this article.
(b)
No county, municipality, or consolidated government probation office employee shall have personal or business dealings, including the lending of money, with probationers under the supervision of such probation office.
(c)
(1)
No county, municipality, or consolidated government probation office employee shall own, operate, have any financial interest in, be an instructor at, or be employed by any private entity which provides drug or alcohol education services or offers a DUI Alcohol or Drug Use Risk Reduction Program certified by the Department of Driver Services.
(2)
No county, municipality, or consolidated government that provides probation services through agreement under the provisions of this article nor any employees of such shall specify, directly or indirectly, a particular DUI Alcohol or Drug Use Risk Reduction Program which a probationer may or shall attend. This paragraph shall not prohibit furnishing any probationer, upon request, with the names of certified DUI Alcohol or Drug Use Risk Reduction Programs. Any person violating this paragraph shall be guilty of a misdemeanor.
Renumbered from §
42-8-105
and amended by 2015 Ga. Laws 73,§ 3-2, eff. 7/1/2015.
Amended by 2006 Ga. Laws 743,§ 2, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 8 - PROBATION (§§ 42-8-1 — 42-8-150) › Article 6 - CONTRACTS FOR PRIVATE PROBATION SERVICES BY MUNICIPAL AND COUNTY COURTS (§§ 42-8-100 — 42-8-109.5) › Section 42-8-109.3 - Registration with board

(a)
(1)
All private corporations, private enterprises, and private agencies contracting or offering to contract for probation services shall register with DCS before entering into any contract to provide services. Any private corporation, private enterprise, or private agency registered with the board on or before June 30, 2016, shall be deemed registered with DCS; provided, however, that DCS shall be authorized to review such contract and shall be responsible for subsequent renewals or changes to such contract. The information included in such registration shall include the name of the corporation, enterprise, or agency, its principal business address and telephone number, the name of its agent for communication, and other information in such detail as DCS may require. No registration fee shall be required.
(2)
Any private corporation, private enterprise, or private agency required to register under the provisions of paragraph (1) of this subsection which fails or refuses to do so shall be subject to revocation of any existing contracts, in addition to any other fines or sanctions imposed by the board.
(b)
(1)
All counties, municipalities, and consolidated governments agreeing or offering to agree to establish a probation system shall register with DCS before entering into an agreement to provide services. Any county, municipality, or consolidated government that has a probation system registered with the board on or before June 30, 2016, shall be deemed registered with DCS; provided, however, that DCS shall be authorized to review such systems and shall be responsible for subsequent renewals or changes to such systems. The information included in such registration shall include the name of the county, municipality, or consolidated government, the principal business address and telephone number, a contact name for communication with DCS, and other information in such detail as DCS may require. No registration fee shall be required.
(2)
Any county, municipality, or consolidated government required to register under the provisions of paragraph (1) of this subsection which fails or refuses to do so shall be subject to revocation of existing agreements, in addition to any other sanctions imposed by the board.
Amended by 2016 Ga. Laws 460,§ 7-11, eff. 7/1/2016.
Renumbered from §
42-8-107
and amended by 2015 Ga. Laws 73,§ 3-2, eff. 7/1/2015.
Amended by 2007 Ga. Laws 221,§ 1, eff. 7/1/2007.
Amended by 2006 Ga. Laws 743,§ 2, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 8 - PROBATION (§§ 42-8-1 — 42-8-150) › Article 6 - CONTRACTS FOR PRIVATE PROBATION SERVICES BY MUNICIPAL AND COUNTY COURTS (§§ 42-8-100 — 42-8-109.5) › Section 42-8-109.4 - Applicability of article to contractors for probation services; requirements for private corporations, private enterprises and private agencies entering into written contracts for services

(a)
The probation providers standards contained in this Code section shall be met by private corporations, private enterprises, or private agencies that enter into written contracts for probation services under the authority of Code Section
42-8-101
. Any private corporation, private enterprise, or private agency which fails to meet the standards established in this subsection shall not be eligible to provide probation services in this state. All private corporations, private enterprises, or private agencies that enter into written contracts for probation services under the authority of Code Section
42-8-101
shall:
(1)
Register with DCS;
(2)
Meet all requirements as outlined in subsection (b) of Code Section
42-8-107
;
(3)
Not own or control any finance business or lending institution which makes loans to probationers under its supervision; and
(4)
Employ at least one person who is responsible for the direct supervision of private probation officers employed by the corporation, enterprise, or agency and who shall have at least five years' experience in corrections, parole, or probation services.
(b)
The standards contained in this subsection shall be met by all counties, municipalities, or consolidated governments entering into written agreements to provide probation services to any court under the authority of Code Section
42-8-101
. Any county, municipality, or consolidated government which fails to meet the standards established in this subsection shall not be eligible to provide probation services. All counties, municipalities, or consolidated governments which enter into written agreements to provide probation services under the authority of Code Section
42-8-101
shall:
(1)
Register with DCS;
(2)
Meet the requirements of subsection (c) of Code Section
42-8-107
; and
(3)
Employ at least one person who is responsible for the direct supervision of probation officers and who shall have at least five years' experience in corrections, parole, or probation services.
Amended by 2016 Ga. Laws 460,§ 7-12, eff. 7/1/2016.
Renumbered from §
42-8-108
and amended by 2015 Ga. Laws 73,§ 3-2, eff. 7/1/2015.
Amended by 2006 Ga. Laws 743,§ 2, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 8 - PROBATION (§§ 42-8-1 — 42-8-150) › Article 6 - CONTRACTS FOR PRIVATE PROBATION SERVICES BY MUNICIPAL AND COUNTY COURTS (§§ 42-8-100 — 42-8-109.5) › Section 42-8-109.5 - Determination by court whether misdemeanor probation to be supervised by community supervision officer, private probation officer, or probation officer

Whenever a probationer is under supervision by a community supervision officer, as such term is defined in Code Section
42-3-1
, and sentenced to misdemeanor probation, the court shall determine whether the continuing supervision shall be performed by a community supervision officer, private probation officer, or probation officer.
Added by 2015 Ga. Laws 73,§ 3-2, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 8 - PROBATION (§§ 42-8-1 — 42-8-150) › Article 7 - IGNITION INTERLOCK DEVICES AS PROBATION CONDITION (§§ 42-8-110 — 42-8-118) › Section 42-8-110 - Definitions; applicability; purchase or lease of ignition interlock devices by counties, municipalities, or private entities; costs, fees, and deposits; participation by indigents

(a)
As used in this article, the term "ignition interlock device" means a constant monitoring device certified by the commissioner of driver services which prevents a motor vehicle from being started at any time without first determining the equivalent blood alcohol concentration of the operator through the taking of a deep lung breath sample. The system shall be calibrated so that the motor vehicle may not be started if the blood alcohol concentration of the operator, as measured by the device, exceeds 0.02 grams or if the sample is not a sample of human breath.
(b)
As used in this article, the term "provider center" means a facility established for the purpose of providing and installing ignition interlock devices when their use is required by or as a result of an order of a court or as required in order to maintain an ignition interlock device limited driving permit in accordance with Code Section
40-5-64.1
.
(c)
Ignition interlock devices for provider centers may be purchased or leased by counties, municipalities, or private entities.
(d)
A provider center shall be authorized to charge the person whose vehicle is to be equipped with an ignition interlock device such installation, deinstallation, and user fees as are approved by the Department of Driver Services. A provider center may also require such person to make a security deposit for the safe return of the ignition interlock device. Payment of any or all of such fees and deposits may be made a condition of probation under this order.
(e)
If a county, municipality, or other political subdivision of this state purchases or leases ignition interlock devices from a private entity, such county or municipality shall allow persons who are found by the court to be indigent and unable to pay the fees or deposits for such an ignition interlock device to participate in the ignition interlock program.
Amended by 2016 Ga. Laws 408,§ 1-5, eff. 7/1/2016.
Amended by 2005 Ga. Laws 68,§ 24-3, eff. 7/1/2005.
Amended by 2002 Ga. Laws 462, § 42, eff. 4/18/2002.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 8 - PROBATION (§§ 42-8-1 — 42-8-150) › Article 7 - IGNITION INTERLOCK DEVICES AS PROBATION CONDITION (§§ 42-8-110 — 42-8-118) › Section 42-8-110.1 - Ignition interlock device limited driving permit; restrictions

(a)
(1)
Any person issued an ignition interlock device limited driving permit under paragraph (1) of subsection (a) of Code Section
40-5-64.1
shall, upon issuance thereof and within no less than ten days of such issuance, have installed and shall maintain in any motor vehicle to be driven by such person for a period of not less than four months a functioning, certified ignition interlock device, and such person shall not drive any motor vehicle whatsoever that is not so equipped during such period.
(2)
Any person issued an ignition interlock device limited driving permit under paragraph (2) of subsection (a) of Code Section
40-5-64.1
shall, upon issuance thereof and within no less than ten days of such issuance, have installed and shall maintain in any motor vehicle to be driven by such person for a period of not less than 12 months a functioning, certified ignition interlock device, and such person shall not drive any motor vehicle whatsoever that is not so equipped during such period.
(b)
The restriction for maintaining and using an ignition interlock device shall be cancelled by the department upon payment to the department of a $100.00 fee or $90.00 when such fee is processed by mail and upon successful completion of the term of monitoring on an ignition interlock device required under subsection (a) of this Code section.
(c)
Any ignition interlock device limited driving permit issued shall bear a restriction reflecting that the person shall only operate a motor vehicle equipped with a functioning, certified ignition interlock device.
(d)
The fee for issuance of an ignition interlock device limited driving permit shall be as prescribed in Code Section
40-5-64.1
.
Added by 2016 Ga. Laws 408,§ 1-6, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 8 - PROBATION (§§ 42-8-1 — 42-8-150) › Article 7 - IGNITION INTERLOCK DEVICES AS PROBATION CONDITION (§§ 42-8-110 — 42-8-118) › Section 42-8-113 - Renting, leasing, or lending motor vehicle to probationer subject to this article prohibited

(a)
No person shall knowingly rent, lease, or lend a motor vehicle to a person known to have had his or her driving privilege restricted as provided in this article, unless the vehicle is equipped with a functioning, certified ignition interlock device. Any person whose driving privilege is restricted as provided in this article shall notify any other person who rents, leases, or loans a motor vehicle to him or her of such driving restriction.
(b)
Any person convicted of a violation of subsection (a) of this Code section shall be guilty of a misdemeanor.
Amended by 2012 Ga. Laws 579,§; 8, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 8 - PROBATION (§§ 42-8-1 — 42-8-150) › Article 7 - IGNITION INTERLOCK DEVICES AS PROBATION CONDITION (§§ 42-8-110 — 42-8-118) › Section 42-8-114 - Specifying provider for ignition interlock device

(a)
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.
(b)
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.
Amended by 2015 Ga. Laws 73,§ 5-76, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 8 - PROBATION (§§ 42-8-1 — 42-8-150) › Article 7 - IGNITION INTERLOCK DEVICES AS PROBATION CONDITION (§§ 42-8-110 — 42-8-118) › Section 42-8-115 - Certification of ignition interlock devices

(a)
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.
(b)
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.
(c)
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.
Amended by 2005 Ga. Laws 68,§ 24-6, eff. 7/1/2005.
Amended by 2002 Ga. Laws 462, § 42, eff. 4/18/2002.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 8 - PROBATION (§§ 42-8-1 — 42-8-150) › Article 7 - IGNITION INTERLOCK DEVICES AS PROBATION CONDITION (§§ 42-8-110 — 42-8-118) › Section 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.
Amended by 2015 Ga. Laws 73,§ 5-77, eff. 7/1/2015.
Amended by 2005 Ga. Laws 68,§ 24-7, eff. 7/1/2005.
Amended by 2002 Ga. Laws 462, § 42, eff. 4/18/2002.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 8 - PROBATION (§§ 42-8-1 — 42-8-150) › Article 7 - IGNITION INTERLOCK DEVICES AS PROBATION CONDITION (§§ 42-8-110 — 42-8-118) › Section 42-8-116.1 - Effect of failing to comply; previously installed devices

Any other or former provision of this article notwithstanding:
(1)
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
(2)
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.
Amended by 2001 Ga. Laws 2, § 42, eff. 2/12/2001.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 8 - PROBATION (§§ 42-8-1 — 42-8-150) › Article 7 - IGNITION INTERLOCK DEVICES AS PROBATION CONDITION (§§ 42-8-110 — 42-8-118) › Section 42-8-117 - Revocation of driving privilege upon violation of probation imposed by Code Section 42-8-111

(a)
(1)
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.
(2)
This subsection shall not apply to any person whose limited driving permit has been revoked under subsection (d) of Code Section
42-8-112
.
(b)
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.
Amended by 2012 Ga. Laws 579,§; 9, eff. 1/1/2013.
Amended by 2005 Ga. Laws 68,§; 24-8, eff. 7/1/2005.
Amended by 2004 Ga. Laws 555, §; 2, eff. 7/1/2004.
Amended by 2002 Ga. Laws 462, § 42, eff. 4/18/2002.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 8 - PROBATION (§§ 42-8-1 — 42-8-150) › Article 7 - IGNITION INTERLOCK DEVICES AS PROBATION CONDITION (§§ 42-8-110 — 42-8-118) › Section 42-8-118 - Requesting or soliciting another to blow into device; tampering with or circumventing operation of device

(a)
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.
(b)
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
.
(c)
It is unlawful to tamper with, or circumvent the operation of, an ignition interlock device.
(d)
Any person violating any provision of this Code section shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 8 - PROBATION (§§ 42-8-1 — 42-8-150) › Article 8 - [Repealed] (§ 42-8-130) › Section 42-8-130 - [Repealed] Establishment; obligations of respondent; confinement; fee; alternative methods of incarceration

Repealed by 2015 Ga. Laws 73,§ 5-79, eff. 7/1/2015.
Repealed by Ga. L. 2015, p. 422, § 5-79, effective July 1, 2015.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 8 - PROBATION (§§ 42-8-1 — 42-8-150) › Article 9 - [Repealed] (§ 42-8-150) › Section 42-8-150 - through 42-8-159 - [Repealed]

Repealed by Ga. L. 2015, p. 422, § 1/HB 310, effective July 1, 2015.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 9 - PARDONS AND PAROLES (§§ 42-9-1 — 42-9-90) › Article 1 - GENERAL PROVISIONS (§§ 42-9-1 — 42-9-22) › Section 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.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 9 - PARDONS AND PAROLES (§§ 42-9-1 — 42-9-90) › Article 1 - GENERAL PROVISIONS (§§ 42-9-1 — 42-9-22) › Section 42-9-2 - Creation of board

Pursuant to Article IV, Section II, Paragraph I of the Georgia Constitution, there shall be a State Board of Pardons and Paroles, which shall consist of five members appointed by the Governor, subject to confirmation of the Senate.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 9 - PARDONS AND PAROLES (§§ 42-9-1 — 42-9-90) › Article 1 - GENERAL PROVISIONS (§§ 42-9-1 — 42-9-22) › Section 42-9-3 - Definitions

As used in this chapter, the term:
(1)
"Board" means the State Board of Pardons and Paroles.
(2)
"Community supervision officer" means a person who supervises probationers or parolees for the department.
(3)
"Department" means the Department of Community Supervision.
(4)
"Split sentence" means any felony sentence that includes a term of imprisonment followed by a term of probation.
Amended by 2015 Ga. Laws 73,§ 5-81, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 9 - PARDONS AND PAROLES (§§ 42-9-1 — 42-9-90) › Article 1 - GENERAL PROVISIONS (§§ 42-9-1 — 42-9-22) › Section 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.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 9 - PARDONS AND PAROLES (§§ 42-9-1 — 42-9-90) › Article 1 - GENERAL PROVISIONS (§§ 42-9-1 — 42-9-22) › Section 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
.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 9 - PARDONS AND PAROLES (§§ 42-9-1 — 42-9-90) › Article 1 - GENERAL PROVISIONS (§§ 42-9-1 — 42-9-22) › Section 42-9-6 - Board chairman

(a)
Each year the board shall elect one of its members to serve as chairman of the board for the ensuing year.
(b)
The chairman shall draw no salary from the state in addition to that which he receives as a member of the board.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 9 - PARDONS AND PAROLES (§§ 42-9-1 — 42-9-90) › Article 1 - GENERAL PROVISIONS (§§ 42-9-1 — 42-9-22) › Section 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.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 9 - PARDONS AND PAROLES (§§ 42-9-1 — 42-9-90) › Article 1 - GENERAL PROVISIONS (§§ 42-9-1 — 42-9-22) › Section 42-9-8 - Official board seal

The board shall adopt an official seal of which the courts shall take judicial notice.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 9 - PARDONS AND PAROLES (§§ 42-9-1 — 42-9-90) › Article 1 - GENERAL PROVISIONS (§§ 42-9-1 — 42-9-22) › Section 42-9-9 - Board employees; "disability" defined; awarding of badges

(a)
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.
(b)
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.
(c)
(1)
As used in this subsection, the term "disability" means a disability that prevents an individual from working as a parole officer.
(2)
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.
(d)
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.
(e)
The board shall be authorized to promulgate rules and regulations for the implementation of this Code section.
Amended by 2016 Ga. Laws 524,§ 4, eff. 5/3/2016.
Amended by 2015 Ga. Laws 73,§ 5-82, eff. 7/1/2015.
Amended by 2013 Ga. Laws 22,§ 2, eff. 7/1/2013.
Amended by 2008 Ga. Laws 458,§ 1, eff. 5/6/2008.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 9 - PARDONS AND PAROLES (§§ 42-9-1 — 42-9-90) › Article 1 - GENERAL PROVISIONS (§§ 42-9-1 — 42-9-22) › Section 42-9-9.1 - Assistance to law enforcement, correctional, or homeland security agencies; conferring powers of law enforcement officers by the board

(a)
In order to assist in the preservation of peace, order, and security, governmental officials from law enforcement, correctional, or homeland security agencies of federal, state, or local governments may request assistance from the board. For the purpose of providing the requested assistance, a majority of the members of the board may confer all powers of a law enforcement officer of this state, including, but not limited to, the power to make arrests for violations of any of the criminal laws of this state, upon any person who is employed by the board and who is otherwise certified as a peace officer under the provisions of Chapter 8 of Title 35.
(b)
Before the board grants the powers of a law enforcement officer authorized in subsection (a) of this Code section, the board must find that extraordinary circumstances exist that necessitate additional law enforcement officers.
(c)
The time period for the law enforcement officer powers authorized in subsection (a) of this Code section shall be specified when the powers are bestowed, not to exceed 30 days.
(d)
While possessing the powers of a law enforcement officer authorized in subsection (a) of this Code section, the board employee shall be under the direction of the federal, state, or local government entity requesting assistance from the board.
Added by 2005 Ga. Laws 381,§ 1, eff. 5/10/2005.
Added by 2004 Ga. Laws 506, § 1, eff. 5/13/2004.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 9 - PARDONS AND PAROLES (§§ 42-9-1 — 42-9-90) › Article 1 - GENERAL PROVISIONS (§§ 42-9-1 — 42-9-22) › Section 42-9-10 - Legal adviser of board

The Attorney General shall be the legal adviser of the board.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 9 - PARDONS AND PAROLES (§§ 42-9-1 — 42-9-90) › Article 1 - GENERAL PROVISIONS (§§ 42-9-1 — 42-9-22) › Section 42-9-11 - Office quarters for board; supplies and equipment

The board shall have office quarters in the state capital. Supplies, stationery, and equipment shall be provided for the board in the same manner as they are provided for other departments, boards, commissions, bureaus, or offices of the state.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 9 - PARDONS AND PAROLES (§§ 42-9-1 — 42-9-90) › Article 1 - GENERAL PROVISIONS (§§ 42-9-1 — 42-9-22) › Section 42-9-13 - Reinstatement of incapacitated member upon recovery

(a)
Whenever the Governor has personal knowledge or receives information deemed by him to be reliable that a member of the board who has been determined to be incapacitated to perform the duties of his office has overcome his incapacity, that his incapacity has been removed, or that his incapacity has ceased, the Governor shall call the council that previously examined the member of the board who was found to be incapacitated to perform the duties of his office or shall call a council comprised of the persons set forth in Code Section
42-9-12
. Whenever the council has knowledge or receives information deemed by the members to be reliable that the member of the board who has been determined to be incapacitated to perform the duties of his office has overcome his incapacity, that his incapacity has been removed, or that his incapacity has ceased, the members may call themselves into session for the purpose of ascertaining whether or not the member of the board is in fact able to resume the performance of the duties of his office.
(b)
If the Governor calls the council, he shall inform the council of the information that has caused him to believe that the person is able to resume the performance of the duties of his office. If the council or a majority thereof, after full investigation and examination into the truth of the information furnished by the Governor or otherwise given to the council, shall, in writing duly signed, find that the incapacity of the member has ceased and that the member is capable of assuming the performance of the duties of his office, the Governor shall execute an executive order relating such facts. The member shall thereafter assume and perform the duties of his office and the term of the member of the board appointed to perform the duties of the previously incapacitated member shall terminate.
Amended by 2009 Ga. Laws 102,§ 1-5, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 9 - PARDONS AND PAROLES (§§ 42-9-1 — 42-9-90) › Article 1 - GENERAL PROVISIONS (§§ 42-9-1 — 42-9-22) › Section 42-9-14 - Removal of board members for cause

(a)
As used in this Code section, the term "committee" or "removal committee" means the Governor, Lieutenant Governor, and an appointee of the Governor who is not the Attorney General.
(b)
The removal committee is authorized to promulgate rules and regulations pertaining to the removal for cause of members of the board.
(c)
Rules and regulations promulgated by the committee may include, but are not restricted to, the procedures to be observed in removing members of the board for cause and determinations as to what conduct by a board member shall be cause for removal.
(d)
The removal committee is not an agency within the meaning of paragraph (1) of Code Section
50-13-2
, and Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," shall not be applicable to the removal committee.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 9 - PARDONS AND PAROLES (§§ 42-9-1 — 42-9-90) › Article 1 - GENERAL PROVISIONS (§§ 42-9-1 — 42-9-22) › Section 42-9-15 - Conflicts of interest by members or employees of board

(a)
Except as provided in subsections (b) and (c) of this Code section, no member of the board or full-time employee thereof, during his or her service upon or under the board, shall engage in any other business or profession or hold any other public office which business, profession, or office conflicts with his or her official duties as a member of the board or as an employee thereof; nor shall he or she serve as a representative of any political party or any executive committee or other governing body thereof, or as an executive officer or employee of any political committee, organization, or association; nor shall he or she be engaged on the behalf of any candidate for public office in the solicitation of votes or otherwise become a candidate for public office, without resigning from the board or from employment by the board.
(b)
Except as provided by subsection (c) of this Code section, an employee of the board shall not be required to resign from employment by the board if he or she becomes a candidate for a public office of a county, school district, or municipality which does not require full-time service or accepts appointment to such an office.
(c)
An employee of the board shall be required to resign from employment by the board if he or she becomes a candidate for the General Assembly or becomes a candidate for or accepts appointment to a public office which requires full-time service.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 9 - PARDONS AND PAROLES (§§ 42-9-1 — 42-9-90) › Article 1 - GENERAL PROVISIONS (§§ 42-9-1 — 42-9-22) › Section 42-9-16 - Persons permitted to appear or practice before board for remuneration generally

(a)
Only duly licensed attorneys who are active members in good standing of the State Bar of Georgia shall be permitted to appear or practice in any matter before the board for a fee, money, or other remuneration.
(b)
Any person who pays or receives any fee, money, or other remuneration in violation of subsection (a) of this Code section shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 9 - PARDONS AND PAROLES (§§ 42-9-1 — 42-9-90) › Article 1 - GENERAL PROVISIONS (§§ 42-9-1 — 42-9-22) › Section 42-9-17 - Appearance before board by members of General Assembly or other elected or appointed officials on behalf of persons under the jurisdiction of the board

(a)
It shall be unlawful for members of the General Assembly or any other state elected or appointed official to accept any compensation for appearing before the board in behalf of a person under the jurisdiction of the board and for seeking a decision on behalf of the person. Nothing in this Code section shall be construed so as to prohibit:
(1)
Members of the General Assembly or state elected or appointed officials from appearing before the board when their official duties require them to do so; or
(2)
Members of the General Assembly or state elected or appointed officials from requesting information from and presenting information to the board on behalf of constituents when no compensation, gift, favor, or anything of value is accepted, either directly or indirectly, for such services.
(b)
Nothing in subsection (a) of this Code section shall be construed to apply to the acceptance of compensation, expenses, and allowances received by members of the General Assembly or any other state elected or appointed official for their duties as such members or officials.
(c)
Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 9 - PARDONS AND PAROLES (§§ 42-9-1 — 42-9-90) › Article 1 - GENERAL PROVISIONS (§§ 42-9-1 — 42-9-22) › Section 42-9-18 - Maintenance of records of persons contacting members of board on behalf of inmates

The board shall maintain a complete written record of every person contacting any member of the board on behalf of an inmate. The record shall be indexed and a copy of the record shall be placed in the inmate's file. The record shall include the name and address of the person contacting the board member and the reason for contacting the board member.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 9 - PARDONS AND PAROLES (§§ 42-9-1 — 42-9-90) › Article 1 - GENERAL PROVISIONS (§§ 42-9-1 — 42-9-22) › Section 42-9-19 - Annual report of board

On or before January 1 of each year, the board shall make a written report of its activities, copies of which shall be sent to the Governor, the Attorney General, each body of the General Assembly, and to such other officers and persons as the board may deem advisable. One copy of the report shall become a part of the records of the board.