Compilation of Rules and Regulations of the State of Georgia › Department 503 - COUNTY AND MUNICIPAL PROBATION ADVISORY COUNCIL › Chapter 503-1 - PROBATION SERVICES › Rule 503-1-.04 - Definitions

Current through Rules and Regulations filed through June 27, 2024
Unless the context requires otherwise, the following words and
				terms shall have the following meanings:
(a) "Governing Authority" means the elected
			 body of any county or municipality or consolidated government with statutory
			 power to enter into written contracts with corporations, enterprises or
			 agencies to provide public services.
(b) "Probation Entity" means any probation
			 service, corporation, enterprise, or agency which enters into written contracts
			 or agreements with courts to provide probation supervision, counseling, and
			 collection services for all persons convicted of a misdemeanor and placed on
			 probation by such court. A "probation entity" may be privately owned and
			 operated or run by the governing authority of a county, municipality, or
			 consolidated government.
(c)
			 "Council" means the County and Municipal Probation Advisory Council.
(d) "Quorum" means the majority of the seats
			 on the council that must be present for valid transaction of
			 business.
(e) "Registration
			 application" means the written application process a probation entity must
			 complete in order to be an approved probation service provider.
(f) "Registration approval" means written
			 authorization by the County and Municipal Probation Advisory Council to any
			 probation entity to provide probation services. Registration approval is a
			 prerequisite for initial and continued probation entity operation. It is
			 granted and continued upon a showing of initial and continued compliance with
			 the requirements set forth in these rules and regulations. Registration
			 approval specifically authorizes a probation entity to enter into agreements
			 with courts and governing authorities to provide probation services.
(g) "Probationer" means any misdemeanor
			 offender sentenced by a court of this state and assigned to a probation entity
			 for supervision, counseling, financial collections and compliance with any
			 other court-ordered condition.
(h)
			 "Reprimand" means a written notice to a probation entity for noncompliance of
			 minor or first-time violations of requirements.
(i) "Revocation" means the termination by the
			 council of the registration approval of a probation entity based upon failure
			 to comply with requirements as set forth in these rules and
			 regulations.
(j) "Moral Turpitude"
			 means an act of baseness, vileness or depravity in the private and social
			 duties which man owes to his fellow men or to society in general, contrary to
			 the accepted and customary rule of right and duty between man and man. It is
			 said to be restricted to the gravest offenses, consisting of felonies, infamous
			 crimes, and those that are malum in se and disclose a depraved mind.
			 Individuals convicted of a felony are excluded from serving as an owner,
			 operator, director, agent, or employee of a probation entity. (Rule
			  503-1-.19(a)(3)) Misdemeanor offenses considered to involve moral turpitude include, but are
			 not limited to pimping, soliciting for prostitutes, false swearing, and
			 theft.
(k) "Conviction" means a
			 finding or verdict of guilt, a plea of guilty, or a plea of nolo contendere in
			 a criminal proceeding.
(l)
			 "Suspension" means a temporary stop, a temporary delay, interruption, or
			 cessation.
(m) "Volunteer" means a
			 person who gives their services without any express or implied promise of
			 remuneration.
(n) "Director" shall
			 be any person who participates in the operations, marketing, marketing
			 consulting or decision making of any probation entity. This would be any person
			 who benefits financially either directly or indirectly from the entity. The
			 definition of Director does not include individuals beneficially owning stock
			 or other securities of a publicly-held corporation unless such individual (a)
			 beneficially owns more than 5% of the voting capital stock of such corporation,
			 or (b) otherwise meets the requirements of the definition of Director as set
			 forth herein.
(o) "Five year
			 Probation Officer Supervisor" experience in corrections, parole or probation
			 services required by Rule 22 is interpreted as experience as a probation
			 officer, parole officer, or corrections counselor.
O.C.G.A. §§
									48-8-100(a),  42-8-101(b)(442-8-108.