reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 7 - TREATMENT OF YOUTHFUL OFFENDERS (§§ 42-7-1 — 42-7-9) › Section 42-7-6 - Notification of State Board of Pardons and Paroles

After receipt of the reports and recommendations provided for by subsection (a) of Code Section
42-7-4
and the commissioner or his designee has determined whether or not an individual shall receive youthful offender treatment, the State Board of Pardons and Paroles shall be notified.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 7 - TREATMENT OF YOUTHFUL OFFENDERS (§§ 42-7-1 — 42-7-9) › Section 42-7-7 - Adoption of policies and procedures

The State Board of Pardons and Paroles shall adopt policies and procedures concerning individuals designated to receive youthful offender treatment.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 7 - TREATMENT OF YOUTHFUL OFFENDERS (§§ 42-7-1 — 42-7-9) › Section 42-7-8 - Court recommendation of treatment as youthful offender

If a court finds that a youthful offender might benefit from this chapter, the court may recommend that a young offender be treated as a youthful offender by indicating the recommendation in writing in the sentence itself. When the judge has recommended in the sentence that a person be given youthful offender treatment, release may be made without regard to limitations placed upon the service of a portion of the prison sentence provided by Code Section
42-9-45
. After the offender is evaluated, the department will make the decision concerning the placement of the offender.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 7 - TREATMENT OF YOUTHFUL OFFENDERS (§§ 42-7-1 — 42-7-9) › Section 42-7-9 - Construction of chapter

(a)
Nothing in this chapter shall limit or affect the power of any court to proceed in accordance with any other applicable provisions of law.
(b)
Nothing in this chapter shall be construed in any way to amend, repeal, or affect the jurisdiction of the juvenile court system of this state.
(c)
Nothing in this chapter shall be construed in any way to amend, repeal, or affect the jurisdiction of the State Board of Pardons and Paroles. A person sentenced under this chapter shall have his eligibility for parole computed in the same manner as other offenders sentenced to the jurisdiction of the department.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 8 - PROBATION (§§ 42-8-1 — 42-8-150) › Article 1 - ADVISORY COUNCIL FOR PROBATION (§§ 42-8-1 — 42-8-3) › Section 42-8-1 - [Repealed] Creation; composition; selection of members; terms of office

Amended by 2017 Ga. Laws 275,§ 42, eff. 5/9/2017.
Repealed by 2015 Ga. Laws 73,§ 2-1, eff. 7/1/2015.
Amended by 2014 Ga. Laws 669,§ 42, eff. 4/29/2014.
Reserved. Repealed by Ga. L. 2015, p. 422, § 2-1/HB 310, 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 1 - ADVISORY COUNCIL FOR PROBATION (§§ 42-8-1 — 42-8-3) › Section 42-8-2 - [Repealed]

Repealed by 2015 Ga. Laws 73,§ 2-1, 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 1 - ADVISORY COUNCIL FOR PROBATION (§§ 42-8-1 — 42-8-3) › Section 42-8-3 - [Repealed]

Repealed by 2015 Ga. Laws 73,§ 2-1, 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 2 - STATE-WIDE PROBATION SYSTEM (§§ 42-8-20 — 42-8-44) › Section 42-8-20 - Short title

This article shall be known and may be cited as the "State-wide Probation Act."
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 8 - PROBATION (§§ 42-8-1 — 42-8-150) › Article 2 - STATE-WIDE PROBATION SYSTEM (§§ 42-8-20 — 42-8-44) › Section 42-8-21 - Definitions

As used in this article, the term:
(1)
"DCS" means the Department of Community Supervision.
(2)
"Officer" means a community supervision officer as defined in Code Section
42-3-1
.
(3)
"Qualified offense" means a felony offense of:
(A)
Burglary in the second degree in violation of Code Section
16-7-1
;
(B)
Possession of tools for the commission of crime in violation of Code Section
16-7-20
;
(C)
Criminal damage to property in the second degree in violation of Code Section
16-7-23
;
(D)
Interference with government property in violation of Code Section
16-7-24
;
(E)
Arson in the third degree in violation of Code Section
16-7-62
;
(F)
Burning of woodlands, brush, fields, or other lands in violation of Code Section
16-7-63
when the punishment is as set forth in paragraph (2) of subsection (c) of Code Section
16-7-63
;
(G)
Theft in violation of Code Sections
16-8-2
through
16-8-9
when the punishment is as set forth in subparagraph (a)(1)(B) or (a)(1)(C) of Code Section
16-8-12
;
(H)
Theft by shoplifting in violation of Code Section
16-8-14
;
(I)
Refund fraud in violation of Code Section
16-8-14.1
;
(J)
Conversion of payments for real property improvements in violation of Code Section
16-8-15
;
(K)
Entering an automobile or other motor vehicle with intent to commit theft or felony in violation of Code Section
16-8-18
;
(L)
Livestock theft in violation of Code Section
16-8-20
;
(M)
Forgery in violation of Code Section
16-9-1
;
(N)
Printing, executing, or negotiating checks, drafts, orders, or debit card sales drafts knowing information thereon to be in error, fictitious, or assigned to another account holder in violation of Code Section
16-9-21
;
(O)
Financial transaction card offenses in violation of Code Section
16-9-31
,
16-9-32
,
16-9-33
,
16-9-34
,
16-9-35
,
16-9-36.1
, or
16-9-37
, provided that the aggregate value of the loss does not exceed $25,000.00;
(P)
Failing to pay for natural products or chattels in violation of Code Section
16-9-58
;
(Q)
Purchasing, possessing, manufacturing, delivering, distributing, administering, selling, or possessing with the intent to distribute controlled substances, marijuana, counterfeit substances, or flunitrazepam in violation of Code Section
16-13-30
;
(R)
Unlawfully manufacturing, delivering, distributing, selling, or possessing with the intent to distribute noncontrolled substances in violation of Code Section
16-13-30.1
;
(S)
Possession of substances containing ephedrine or pseudoephedrine or sales of products containing those ingredients in violation of Code Section
16-13-30.3
when the punishment is as set forth in paragraph (3) of subsection (b) of Code Section
16-13-30.3
; and
(T)
Violation of Article 3 of Chapter 13 of Title 16 when the punishment is as set forth in subsection (b) of Code Section
16-13-79
.
Amended by 2017 Ga. Laws 226,§ 2-5, eff. 7/1/2017.
Added by 2015 Ga. Laws 73,§ 4-1, 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 2 - STATE-WIDE PROBATION SYSTEM (§§ 42-8-20 — 42-8-44) › Section 42-8-22 - State-wide probation system for felony offenders created; administration generally

There is created a state-wide probation system for felony offenders to be administered by DCS. Separate files and records shall be kept with relation to the system.
Amended by 2015 Ga. Laws 73,§ 4-1, 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 2 - STATE-WIDE PROBATION SYSTEM (§§ 42-8-20 — 42-8-44) › Section 42-8-23 - Administration of supervision of felony probationers by DCS; graduated sanctions

(a)
As used in this Code section, the term "chief officer" means the highest ranking field officer in each judicial circuit who does not have direct supervision of the probationer who is the subject of the hearing.
(b)
DCS shall administer the supervision of felony probationers.
(c)
If graduated sanctions have been made a condition of probation by the court and if a probationer violates the conditions of his or her probation, other than for the commission of a new offense, DCS may impose graduated sanctions as an alternative to judicial modification or revocation of probation, provided that such graduated sanctions are approved by a chief officer.
(d)
The failure of a probationer to comply with the graduated sanction or sanctions imposed by DCS shall constitute a violation of probation.
(e)
A probationer may at any time voluntarily accept the graduated sanctions proposed by DCS.
(f)
(1)
DCS's decision shall be final unless the probationer files an appeal in the sentencing court. Such appeal shall be filed within 30 days of the issuance of the decision by DCS.
(2)
Such appeal shall first be reviewed by the sentencing court upon the record. At the court's discretion, a de novo hearing may be held on the decision. The filing of the appeal shall not stay DCS's decision.
(3)
When the sentencing court does not act on the appeal within 30 days of the date of the filing of the appeal, DCS's decision shall be affirmed by operation of law.
(g)
Nothing contained in this Code section shall alter the relationship between judges and officers prescribed in this article nor be construed as repealing any power given to any court of this state to place offenders on probation or to supervise offenders.
Amended by 2015 Ga. Laws 73,§ 4-1, eff. 7/1/2015.
Amended by 2012 Ga. Laws 709,§ VII-7-7, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 8 - PROBATION (§§ 42-8-1 — 42-8-150) › Article 2 - STATE-WIDE PROBATION SYSTEM (§§ 42-8-20 — 42-8-44) › Section 42-8-24 - General duties of DCS; rules and regulations

(a)
As used in this Code section, the term "split sentence" means any felony sentence that includes a term of imprisonment followed by a term of probation.
(b)
It shall be the duty of DCS to supervise and direct the work of the officers provided for in Code Section
42-8-25
and to keep accurate files and records on all probation cases, split sentence cases, parole cases, persons released pursuant to Code Section
17-10-1
, and persons under supervision. It shall be the duty of the Board of Community Supervision to promulgate rules and regulations necessary to effectuate the purposes of this chapter.
Amended by 2015 Ga. Laws 73,§ 4-1, 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 2 - STATE-WIDE PROBATION SYSTEM (§§ 42-8-20 — 42-8-44) › Section 42-8-25 - Employment of community service officers; assignment to circuits by DCS

DCS shall employ officers. DCS may assign one officer to each judicial circuit in this state or, for purposes of assignment, may consolidate two or more judicial circuits and assign one officer thereto. In the event DCS determines that more than one officer is needed for a particular circuit, additional officers may be assigned to the circuit. DCS is authorized to direct any officer to assist any other officer wherever assigned. In the event more than one officer is assigned to the same office or to the same division within a particular judicial circuit, DCS shall designate one of the officers to be in charge.
Amended by 2015 Ga. Laws 73,§ 4-1, 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 2 - STATE-WIDE PROBATION SYSTEM (§§ 42-8-20 — 42-8-44) › Section 42-8-27 - Duties of officers

An officer shall supervise and counsel probationers and parolees in the judicial circuit to which he or she is assigned. Each officer shall perform the duties prescribed in this chapter and other duties as are prescribed by DCS and shall make and keep any records and files and make such reports as are required of him or her by DCS, the State Board of Pardons and Paroles, or a court. Officers shall be authorized to provide supervision of defendants who are participants in a drug court division, mental health court division, or veterans court division operated by a superior court, provided that sufficient staff and resources exist for such supervision.
Amended by 2017 Ga. Laws 226,§ 2-6, eff. 7/1/2017.
Amended by 2015 Ga. Laws 73,§ 4-1, 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 2 - STATE-WIDE PROBATION SYSTEM (§§ 42-8-20 — 42-8-44) › Section 42-8-28 - Assignment of officers among judicial circuits generally

Officers shall be assigned among the respective judicial circuits based generally on the relative number of persons on probation and parole in each circuit.
Amended by 2015 Ga. Laws 73,§ 4-1, 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 2 - STATE-WIDE PROBATION SYSTEM (§§ 42-8-20 — 42-8-44) › Section 42-8-29 - Presentence investigations; supervision of probationers; maintenance of records relating to probationers

(a)
It shall be the duty of each officer to investigate all cases referred to him or her by the court and to make findings and report thereon in writing to the court with a recommendation. The superior court may require, before imposition of sentence, a presentence investigation and written report in each felony case in which the defendant has entered a plea of guilty or nolo contendere or has been convicted.
(b)
An officer shall cause to be delivered to each person placed on probation under his or her supervision a copy of the terms of probation and any change or modification thereof and shall cause the person to be instructed regarding the same. An officer shall keep informed concerning the conduct, habits, associates, employment, recreation, and whereabouts of the probationer or parolee by visits, by requiring reports, or in other ways. An officer shall use all practicable and proper methods to aid and encourage persons on probation or parole and to bring about improvements in their conduct and condition.
Amended by 2015 Ga. Laws 73,§ 4-1, 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 2 - STATE-WIDE PROBATION SYSTEM (§§ 42-8-20 — 42-8-44) › Section 42-8-29.1 - Disposition of officer's records; confidentiality

(a)
When a convicted person is committed to an institution under the jurisdiction of the Department of Corrections, any presentence or post-sentence investigation or psychological evaluation compiled by an officer shall be forwarded to any division or office designated by the commissioner of corrections. Accompanying such document or evaluation shall be the case history form and the criminal history sheets from the Federal Bureau of Investigation or the Georgia Crime Information Center, if available, unless any such information has previously been sent to the Department of Corrections pursuant to Code Section
42-5-50
. A copy of such documents shall be made available for the State Board of Pardons and Paroles. A copy of one or more of such documents, based on need, may be forwarded to another institution to which the defendant may be committed.
(b)
The prison or institution receiving such documents shall maintain the confidentiality of the documents and the information contained therein and shall not send, release, or reveal them to any other person, institution, or agency without the express consent of the unit which originated or accumulated the documents.
Amended by 2015 Ga. Laws 73,§ 4-1, 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 2 - STATE-WIDE PROBATION SYSTEM (§§ 42-8-20 — 42-8-44) › Section 42-8-30 - Applicability of this article when private probation services are utilized

In any county where the chief judge of the superior court, state court, municipal court, probate court, or magistrate court has provided for probation services for such court through agreement with a private corporation, enterprise, or agency or has established a county or municipal probation system for such court pursuant to Article 6 of this chapter, the provisions of this article relating to supervision services shall not apply to defendants sentenced in any such court.
Renumbered from §
42-8-30.1
by 2015 Ga. Laws 73,§ 4-1, eff. 7/1/2015.
Amended by 2001 Ga. Laws 259, § 1, eff. 7/1/2001.
Repealed by 2015 Ga. Laws 73,§ 4-1, 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 2 - STATE-WIDE PROBATION SYSTEM (§§ 42-8-20 — 42-8-44) › Section 42-8-30.1 - [Renumbered] Redesignated

Renumbered as §
42-8-30
by 2015 Ga. Laws 73,§ 4-1, eff. 7/1/2015.
Amended by 2001 Ga. Laws 259, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 8 - PROBATION (§§ 42-8-1 — 42-8-150) › Article 2 - STATE-WIDE PROBATION SYSTEM (§§ 42-8-20 — 42-8-44) › Section 42-8-31 - Collection and disbursement of funds by officers; recordkeeping; bank accounts

No officer shall collect or disburse any funds whatsoever, except by written order of the court; and it shall be the duty of the officer to transmit a copy of such order to DCS not later than 15 days after it has been issued by the court. Every officer who collects or disburses any funds whatsoever shall faithfully keep the records of accounts as are required by DCS, which records shall be subject to inspection by DCS at any time. In every instance when a bank account is required, it shall be kept in the name of the Department of Community Supervision.
Amended by 2015 Ga. Laws 73,§ 4-1, 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 2 - STATE-WIDE PROBATION SYSTEM (§§ 42-8-20 — 42-8-44) › Section 42-8-32 - Funds which may be collected by officers

No officer shall be directed to collect any funds other than funds directed to be paid as the result of a criminal proceeding.
Amended by 2015 Ga. Laws 73,§ 4-1, 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 2 - STATE-WIDE PROBATION SYSTEM (§§ 42-8-20 — 42-8-44) › Section 42-8-33 - Audits of accounts of officers; records and reports of audits; bonds of auditors; refunding overpayment of fines, restitutions, or moneys owed

(a)
DCS shall make periodic audits of each officer who, by virtue of the officer's duties, has any moneys, fines, court costs, property, or other funds coming into the officer's control or possession or being disbursed by such officer. DCS shall keep a permanent record of the audit of each officer's accounts on file. It shall be the duty of the employee of DCS conducting the audit to notify DCS in writing of any discrepancy of an illegal nature that might result in prosecution. DCS shall have the right to interview and make inquiry of certain selected payors or recipients of funds, as it may choose, without notifying the officer, to carry out the purposes of the audit. The employee who conducts the audit shall be required to give bond in such amount as may be set by DCS, in the same manner and for the same purposes as provided under Code Section
42-8-26
for the bonds of officers. The bond shall bind the employee and the employee's surety in the performance of the employee's duties.
(b)
Any overpayment of fines, restitutions, or other moneys owed as a condition of probation shall not be refunded to the probationer if the amount of the overpayment is less than $5.00.
Amended by 2015 Ga. Laws 73,§ 4-1, 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 2 - STATE-WIDE PROBATION SYSTEM (§§ 42-8-20 — 42-8-44) › Section 42-8-34.2 - Delinquency of defendant in payment of fines, costs, or restitution or reparation; costs of garnishment

(a)
In the event that a defendant is delinquent in the payment of fines, costs, or restitution or reparation, as was ordered by the court as a condition of probation, the defendant's officer shall be authorized, but shall not be required, to execute a sworn affidavit wherein the amount of arrearage is set out. In addition, the affidavit shall contain a succinct statement as to what efforts DCS has made in trying to collect the delinquent amount. The affidavit shall then be submitted to the sentencing court for approval. Upon signature and approval of the court, such arrearage shall then be collectable through issuance of a writ of fieri facias by the clerk of the sentencing court; and DCS may enforce such collection through any judicial or other process or procedure which may be used by the holder of a writ of execution arising from a civil action.
(b)
This Code section provides the state with remedies in addition to all other remedies provided for by law; and nothing in this Code section shall preclude the use of any other or additional remedy in any case.
(c)
No clerk of any court shall be authorized to require any deposit of cost or any other filing or service fee as a condition to the filing of a garnishment action or other action or proceeding authorized under this Code section. In any such action or proceeding, however, the clerk of the court in which the action is filed shall deduct and retain all proper court costs from any funds paid into the treasury of the court, prior to any other disbursement of such funds so paid into court.
Amended by 2015 Ga. Laws 73,§ 4-1, 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 2 - STATE-WIDE PROBATION SYSTEM (§§ 42-8-20 — 42-8-44) › Section 42-8-35.2 - Special term of probation; when imposed; revocation; suspension

(a)
Notwithstanding any other provisions of law, the court, when imposing a sentence of imprisonment after a conviction of a violation of subsection (b) or (d) of Code Section
16-13-30
or after a conviction of a violation of Code Section
16-13-31
, shall impose a special term of probation of three years in addition to such term of imprisonment; provided, however, that, upon a second or subsequent conviction of a violation of the provisions of such Code sections, the special term of probation shall be six years in addition to any term of imprisonment.
(b)
A special term of probation imposed under this Code section may be revoked if the terms and conditions of probation are violated. In such circumstances the original term of imprisonment shall be increased by the period of the special term of probation and the resulting new term of imprisonment shall not be diminished by the time which was spent on special probation. A person whose special term of probation has been revoked may be required to serve all or part of the remainder of the new term of imprisonment. A special term of probation provided for in this Code section shall be in addition to, and not in lieu of, any other probation provided for by law and shall be supervised in the same manner as other probations as provided in this chapter.
(c)
Upon written application by the probationer to the trial court, the court may, in its discretion, suspend the balance of any special term of probation, provided that at least one-half of such special term of probation has been completed and all fines associated with the original sentence have been paid and all other terms of the original sentence and the terms of the special probation have been met by the probationer.
Amended by 2023 Ga. Laws 353,§ 5, eff. 7/1/2023.
Amended by 2015 Ga. Laws 73,§ 4-1, 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 2 - STATE-WIDE PROBATION SYSTEM (§§ 42-8-20 — 42-8-44) › Section 42-8-35.3 - Conditions of probation for stalking or aggravated stalking

Notwithstanding any other terms or conditions of probation which may be imposed, a court sentencing a defendant to probation for a violation of Code Section
16-5-90
or
16-5-91
may impose one or more of the following conditions on such probation:
(1)
Prohibit the defendant from engaging in conduct in violation of Code Section
16-5-90
or
16-5-91
;
(2)
Require the defendant to undergo a mental health evaluation and, if it is determined by the court from the results of such evaluation that the defendant is in need of treatment or counseling, require the defendant to undergo mental health treatment or counseling by a court approved mental health professional, mental health facility, or facility of the Department of Behavioral Health and Developmental Disabilities. Unless the defendant is indigent, the cost of any such treatment shall be borne by the defendant; or
(3)
Prohibit the defendant from entering or remaining present at the victim's school, place of employment, or other specified places at times when the victim is present.
Amended by 2009 Ga. Laws 102,§ 3-2, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 8 - PROBATION (§§ 42-8-1 — 42-8-150) › Article 2 - STATE-WIDE PROBATION SYSTEM (§§ 42-8-20 — 42-8-44) › Section 42-8-35.4 - Confinement in probation detention center

(a)
Notwithstanding any other terms and conditions of probation which may be imposed, a court may require that a defendant convicted of a felony and sentenced to a period of not less than one year on probation or a defendant who has been previously sentenced to probation for a forcible misdemeanor as defined in paragraph (7) of Code Section
16-1-3
or a misdemeanor of a high and aggravated nature and has violated probation or other probation alternatives and is subsequently sentenced to a period of not less than one year on probation shall complete satisfactorily, as a condition of such probation, a program of confinement, not to exceed 180 days, in a probation detention center. Probationers so sentenced shall be required to serve the period of confinement, not to exceed 180 days, specified in the court order.
(b)
The court shall determine that the defendant is at least 17 years of age at the time of sentencing.
(c)
During the period of confinement, the Department of Corrections may transfer the probationer to other facilities in order to provide needed physical and mental health care or for other reasons essential to the care and supervision of the probationer or as necessary for the effective administration and management of its facilities.
Amended by 2015 Ga. Laws 73,§ 4-1, eff. 7/1/2015.
Amended by 2012 Ga. Laws 709,§ VII-7-9, eff. 7/1/2012.
Amended by 2009 Ga. Laws 33,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 8 - PROBATION (§§ 42-8-1 — 42-8-150) › Article 2 - STATE-WIDE PROBATION SYSTEM (§§ 42-8-20 — 42-8-44) › Section 42-8-35.5 - [Repealed] Confinement in probation diversion center

Repealed by 2016 Ga. Laws 460,§ 8-6, eff. 7/1/2016.
Amended by 2015 Ga. Laws 73,§ 4-1, eff. 7/1/2015.
Reserved. Repealed by Ga. L. 2016, p. 443, § 8-6/SB 367, effective July 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 2 - STATE-WIDE PROBATION SYSTEM (§§ 42-8-20 — 42-8-44) › Section 42-8-35.6 - Family violence intervention program participation as condition of probation; cost borne by defendant

(a)
Notwithstanding any other terms or conditions of probation which may be imposed, a court sentencing a defendant to probation for an offense involving family violence as such term is defined in Code Section
19-13-10
shall require as a condition of probation that the defendant participate in a family violence intervention program certified pursuant to Article 1A of Chapter 13 of Title 19, unless the court determines and states on the record why participation in such a program is not appropriate.
(b)
A court, in addition to imposing any penalty provided by law, when revoking a defendant's probation for an offense involving family violence as defined by Code Section
19-13-10
, or when imposing a protective order against family violence, shall order the defendant to participate in a family violence intervention program certified pursuant to Article 1A of Chapter 13 of Title 19, unless the court determines and states on the record why participation in such program is not appropriate.
(c)
The State Board of Pardons and Paroles, for a violation of parole for an offense involving family violence as defined by Code Section
19-13-10
, shall require the conditional releasee to participate in a family violence intervention program certified pursuant to Article 1A of Chapter 13 of Title 19, unless the State Board of Pardons and Paroles determines why participation in such a program is not appropriate.
(d)
Unless the defendant is indigent, the cost of the family violence intervention program as provided by this Code section shall be borne by the defendant. If the defendant is indigent, then the cost of the program shall be determined by a sliding scale based upon the defendant's ability to pay.
Amended by 2002 Ga. Laws 989, § 6, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 8 - PROBATION (§§ 42-8-1 — 42-8-150) › Article 2 - STATE-WIDE PROBATION SYSTEM (§§ 42-8-20 — 42-8-44) › Section 42-8-35.7 - Drug and alcohol screening of probationers

Unless the court or State Board of Pardons and Paroles has ordered more frequent screenings, drug and alcohol screenings shall be administered in accordance with DCS rules and regulations.
Amended by 2015 Ga. Laws 73,§ 4-1, eff. 7/1/2015.
Added by 2004 Ga. Laws 595, § 5, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 8 - PROBATION (§§ 42-8-1 — 42-8-150) › Article 2 - STATE-WIDE PROBATION SYSTEM (§§ 42-8-20 — 42-8-44) › Section 42-8-36 - Duty of probationer to inform officer of residence and whereabouts; violations; tolling; unpaid moneys

(a)
(1)
It shall be the duty of a probationer, as a condition of probation, to keep his or her officer informed as to his or her residence. Upon the recommendation of the officer, the court may also require, as a condition of probation and under such terms as the court deems advisable, that the probationer keep the officer informed as to his or her whereabouts.
(2)
The running of a probated sentence shall be tolled upon:
(A)
The failure of a probationer to report to his or her officer as directed or failure to appear in court for a probation revocation hearing; either of such failures may be evidenced by an affidavit from the officer setting forth such failure; or
(B)
The filing of a return of non est inventus or other return to a warrant, for the violation of the terms and conditions of probation, that the probationer cannot be found in the county that appears from the records of the officer to be the probationer's county of residence. Any officer authorized by law to issue or serve warrants may return the warrant for the absconded probationer showing non est inventus.
(3)
The effective date of the tolling of the sentence shall be the date the court enters a tolling order and shall continue until the probationer shall personally report to the officer, is taken into custody in this state, or is otherwise available to the court. The clerk of court shall transmit a copy of a tolling order to the Georgia Crime Information Center within 30 days of the filing of such order.
(4)
Any tolled period of time shall not be included in computing creditable time served on probation or as any part of the time that the probationer was sentenced to serve.
(b)
Any unpaid fines, restitution, or any other moneys owed as a condition of probation shall be due when the probationer is arrested; but, if the entire balance of his or her probation is revoked, all the conditions of probation, including moneys owed, shall be negated by the probationer's imprisonment. If only part of the balance of the probation is revoked, the probationer shall still be responsible for the full amount of the unpaid fines, restitution, and other moneys upon his or her return to probation after release from imprisonment.
Amended by 2016 Ga. Laws 460,§ 6B-8, eff. 7/1/2016.
Amended by 2015 Ga. Laws 73,§ 4-1, eff. 7/1/2015.
Amended by 2010 Ga. Laws 496,§ 1, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 8 - PROBATION (§§ 42-8-1 — 42-8-150) › Article 2 - STATE-WIDE PROBATION SYSTEM (§§ 42-8-20 — 42-8-44) › Section 42-8-39 - Suspension of sentence does not place defendant on probation

In all criminal cases in which the defendant is found guilty or in which a plea of guilty or of nolo contendere is entered and in which the court after imposing sentence further provides that the execution of the sentence shall be suspended, such provision shall not have the effect of placing the defendant on probation as provided in this article.
Amended by 2015 Ga. Laws 73,§ 4-1, 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 2 - STATE-WIDE PROBATION SYSTEM (§§ 42-8-20 — 42-8-44) › Section 42-8-40 - Confidentiality of reports, files, records, and other information related to supervision; exemption from subpoena; declassification

All reports, files, records, and information of whatever kind relative to the supervision of probationers and parolees are declared to be confidential and shall be available only to the probation system officials, the judge handling a particular case, the Board of Community Supervision, DCS, the Department of Corrections, the Department of Juvenile Justice, and the State Board of Pardons and Paroles, as appropriate. Such reports, files, records, and information shall not be subject to process of subpoena; provided, however, that the commissioner of community supervision may by written order declassify any such records.
Amended by 2015 Ga. Laws 73,§ 4-1, eff. 7/1/2015.
Amended by 2011 Ga. Laws 215,§ 1, eff. 7/1/2011.
Amended by 2003 Ga. Laws 177, § 1, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 8 - PROBATION (§§ 42-8-1 — 42-8-150) › Article 2 - STATE-WIDE PROBATION SYSTEM (§§ 42-8-20 — 42-8-44) › Section 42-8-41 - Cooperation of state and local entities with probation officials

All state and local departments, agencies, boards, bureaus, commissions, and committees shall cooperate with officers.
Amended by 2015 Ga. Laws 73,§ 4-1, 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 2 - STATE-WIDE PROBATION SYSTEM (§§ 42-8-20 — 42-8-44) › Section 42-8-42 - Provision of office space and clerical help by DCS and counties

DCS may provide office space and clerical help wherever needed. The counties of this state shall cooperate in this respect and, wherever possible, shall furnish office space if needed.
Amended by 2015 Ga. Laws 73,§ 4-1, 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 2 - STATE-WIDE PROBATION SYSTEM (§§ 42-8-20 — 42-8-44) › Section 42-8-43 - Liberal construction of article

This article shall be liberally construed so that its purposes may be achieved.
Renumbered from §
42-8-44
by 2015 Ga. Laws 73,§ 4-1, eff. 7/1/2015.
Repealed by 2015 Ga. Laws 73,§ 4-1, 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 2 - STATE-WIDE PROBATION SYSTEM (§§ 42-8-20 — 42-8-44) › Section 42-8-43.1 - through 42-8-43.3 - [Repealed]

Repealed by Ga. L. 2015, p. 422, § 4-1/HB 310, 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 2 - STATE-WIDE PROBATION SYSTEM (§§ 42-8-20 — 42-8-44) › Section 42-8-44 - [Renumbered] Redesignated

Renumbered as §
42-8-43
by 2015 Ga. Laws 73,§ 4-1, 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 3 - PROBATION OF FIRST OFFENDERS (§§ 42-8-60 — 42-8-66) › Section 42-8-61 - Defendant to be informed of eligibility for sentencing as first offender

When a defendant is represented by an attorney, his or her attorney shall be responsible for informing the defendant as to his or her eligibility for sentencing as a first offender. When a defendant is pro se, the court shall inquire as to the defendant's interest in entering a plea pursuant to the terms of this article. If the defendant expresses a desire to be sentenced as a first offender, the court shall ask the prosecuting attorney or probation official if the defendant is eligible for sentencing as a first offender. When imposing a sentence, the court shall ensure that, if a defendant is sentenced as a first offender, he or she is made aware of the consequences of entering a first offender plea pursuant to the terms of this article.
Amended by 2016 Ga. Laws 460,§ 6A-1, eff. 7/1/2016.
Amended by 2015 Ga. Laws 73,§ 5-74, 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 3 - PROBATION OF FIRST OFFENDERS (§§ 42-8-60 — 42-8-66) › Section 42-8-62 - Duty of clerk to transfer information

When an individual is placed on probation or in confinement under this article, within 30 days of the filing of such sentence, the clerk of court shall transmit a record of the first offender sentence to the Georgia Crime Information Center. The clerk shall also transmit any subsequent order or notification regarding a first offender's sentence, including, but not limited to, notification that the defendant completed active probation supervision, was released early from probation supervision, or completed the term of probation, notification that the defendant completed the term of prison or parole, an order revoking a first offender sentence, an order of exoneration of guilt and discharge, and tolling orders, to the Georgia Crime Information Center within 30 days of receiving such order for filing or notification.
Amended by 2016 Ga. Laws 460,§ 6A-1, eff. 7/1/2016.
Amended by 2003 Ga. Laws 375, § 4, eff. 7/1/2004
Amended by 2001 Ga. Laws 306, § 2, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 8 - PROBATION (§§ 42-8-1 — 42-8-150) › Article 3 - PROBATION OF FIRST OFFENDERS (§§ 42-8-60 — 42-8-66) › Section 42-8-63 - Effect of discharge under article on eligibility for employment or appointment to office

Except as provided in Code Section
42-8-63.1
, a discharge under this article is not a conviction of a crime under the laws of this state and shall not be used to disqualify an individual in any application for employment or appointment to office in either the public or private sector.
Amended by 2016 Ga. Laws 460,§ 6A-1, 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 3 - PROBATION OF FIRST OFFENDERS (§§ 42-8-60 — 42-8-66) › Section 42-8-64 - Appeal of sentence imposed under article

A defendant sentenced pursuant to this article shall have the right to appeal in the same manner and with the same scope and same effect as if a judgment of conviction had been entered and appealed from.
Amended by 2016 Ga. Laws 460,§ 6A-1, 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 3 - PROBATION OF FIRST OFFENDERS (§§ 42-8-60 — 42-8-66) › Section 42-8-65 - Use of prior finding of guilt in subsequent prosecutions; modification of records

(a)
If otherwise allowable by law, in a subsequent prosecution of the defendant for another offense, when a defendant has not been exonerated of guilt and discharged, the prior finding of guilt may be pleaded and proven as if an adjudication of guilt had been entered and relief had not been granted pursuant to this article.
(b)
The records of the Georgia Crime Information Center showing treatment as a first offender shall be modified only when a court of competent jurisdiction enters:
(1)
An adjudication of guilt for the offense for which the offender has been sentenced as a first offender;
(2)
An order modifying the sentence originally imposed; or
(3)
An order correcting an exoneration of guilt and discharge entered pursuant to subsection (g) of Code Section
42-8-60
.
(c)
(1)
Any individual who is sentenced pursuant to subsection (a) or (k) of Code Section
42-8-60
shall not be deemed to have been convicted during such sentence, and records thereof shall only be disseminated by the Georgia Crime Information Center:
(A)
To criminal justice agencies, as such term is defined in Code Section
35-3-30
;
(B)
As authorized by subsection (c) of Code Section
35-3-37
; and
(C)
As authorized by subparagraph (a)(1)(B) of Code Sections
35-3-34
and
35-3-35
.
(2)
If a court of competent jurisdiction adjudicates the defendant guilty while such defendant is serving a first offender sentence, such records may be disseminated by the Georgia Crime Information Center as provided in Code Sections
35-3-34
and
35-3-35
.
Amended by 2016 Ga. Laws 460,§ 6A-1, 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 3 - PROBATION OF FIRST OFFENDERS (§§ 42-8-60 — 42-8-66) › Section 42-8-66 - Petition for exoneration and discharge; hearing; retroactive grant of first offender status; no filing fee

(a)
(1)
An individual who qualified for sentencing pursuant to this article but who was not informed of his or her eligibility for first offender treatment may, with the consent of the prosecuting attorney, petition the court in which he or she was convicted for exoneration of guilt and discharge pursuant to this article.
(2)
An individual who was sentenced between March 18, 1968, and October 31, 1982, to a period of incarceration not exceeding one year but who would otherwise have qualified for sentencing pursuant to this article may, with the consent of the prosecuting attorney, petition the court in which he or she was convicted for exoneration of guilt and discharge pursuant to this article.
(b)
The court shall hold a hearing on the petition if requested by the petitioner or prosecuting attorney or desired by the court.
(c)
In considering a petition pursuant to this Code section, the court may consider any:
(1)
Evidence introduced by the petitioner;
(2)
Evidence introduced by the prosecuting attorney; and
(3)
Other relevant evidence.
(d)
The court may issue an order retroactively granting first offender treatment and discharge the defendant pursuant to this article if the court finds by a preponderance of the evidence that the defendant was eligible for sentencing under the terms of this article at the time he or she was originally sentenced or that he or she qualifies for sentencing under paragraph (2) of subsection (a) of this Code section and the ends of justice and the welfare of society are served by granting such petition.
(e)
The court shall send a copy of any order issued pursuant to this Code section to the petitioner, the prosecuting attorney, the Georgia Crime Information Center, and the Department of Driver Services. The Georgia Crime Information Center and the Department of Driver Services shall modify their records accordingly.
(f)
This Code section shall not apply to a sentence that may be modified pursuant to subsection (f) of Code Section
17-10-1
.
(g)
This Code section shall apply to any sentence entered on or after March 18, 1968.
(h)
There shall be no filing fee charged for a petition filed pursuant to this Code section.
Amended by 2018 Ga. Laws 416,§ 2-15, eff. 7/1/2018.
Amended by 2017 Ga. Laws 219,§ 1, eff. 7/1/2017.
Amended by 2016 Ga. Laws 460,§ 6A-1, eff. 7/1/2016.
Amended by 2015 Ga. Laws 73,§ 5-75, 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 4 - [Repealed] (§ 42-8-70) › Section 42-8-70 - through 42-8-74 - [Reserved]

Reserved. Repealed by Ga. L. 2015, p. 422, § 5-72/HB 310, 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 5 - PRETRIAL RELEASE AND DIVERSION PROGRAMS (§ 42-8-80) › Section 42-8-80 - through 42-8-84 - [Reserved]

Reserved. Repealed by Ga. L. 2015, p. 422, § 5-78/HB 310, 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 6 - CONTRACTS FOR PRIVATE PROBATION SERVICES BY MUNICIPAL AND COUNTY COURTS (§§ 42-8-100 — 42-8-109.5) › Section 42-8-100 - Definitions

As used in this article, the term:
(1)
"Board" means the Board of Community Supervision.
(2)
"DCS" means the Department of Community Supervision.
(3)
"Private probation officer" means an individual employed by a private corporation, private enterprise, private agency, or other private entity to supervise defendants placed on probation by a court for committing an ordinance violation or misdemeanor.
(4)
"Probation officer" means an individual employed by a governing authority of a county, municipality, or consolidated government to supervise defendants placed on probation by a court for committing an ordinance violation or misdemeanor.
Amended by 2016 Ga. Laws 460,§ 7-1, eff. 7/1/2016.
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 2001 Ga. Laws 259, § 2, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 8 - PROBATION (§§ 42-8-1 — 42-8-150) › Article 6 - CONTRACTS FOR PRIVATE PROBATION SERVICES BY MUNICIPAL AND COUNTY COURTS (§§ 42-8-100 — 42-8-109.5) › Section 42-8-103 - Pay-only probation; discharge or termination of probation

(a)
As used in this Code section, the term "pay-only probation" means a defendant has been placed under probation supervision solely because such defendant is unable to pay the court imposed fines and statutory surcharges when such defendant's sentence is imposed. Such term shall not include circumstances when restitution has been imposed or other probation services are deemed appropriate by the court.
(b)
When pay-only probation is imposed, the total maximum fee collected shall be capped so as not to exceed three months of ordinary probation supervision fees at a monthly rate not to exceed the rate set forth in the contract between the court and the provider of services, notwithstanding the number of cases for which a fine and statutory surcharge were imposed or that the defendant was sentenced to serve consecutive sentences; provided, however, that collection of such fee shall terminate as soon as all court imposed fines and statutory surcharges are paid in full; and provided, further, that when all such fines and statutory surcharges are paid in full, the probation officer or private probation officer, as the case may be, shall submit an order to the court terminating the probated sentence within 30 days of fulfillment of such conditions. Within 90 days of receiving such order, the court shall issue an order terminating such probated sentence or issue an order stating why such probated sentence shall continue.
(c)
If pay-only probation is subsequently converted to a sentence that requires community service, on petition by a probation officer or private probation officer and with the probationer having an opportunity for a hearing, the court may reinstate probation supervision fees as necessary to monitor the probationer's compliance with community service obligations.
(d)
When a defendant is serving pay-only probation, 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.
Amended by 2018 Ga. Laws 416,§ 2-17, eff. 7/1/2018.
Amended by 2016 Ga. Laws 460,§ 7-4, eff. 7/1/2016.
Added by 2015 Ga. Laws 73,§ 3-2, eff. 7/1/2015.