reglab/statecodes huggingface dataset:
Compilation of Rules and Regulations of the State of Georgia › Department 105 - GEORGIA DEPARTMENT OF COMMUNITY SUPERVISION › Chapter 105-2 - MISDEMEANOR PROBATION OVERSIGHT UNIT › Rule 105-2-.06 - Individual Registration and Approval Requirements

Current through Rules and Regulations filed through June 27, 2024
No individual will provide services to probation entities without first registering and being approved by MPOU as set forth herein.
(a) Registration application. Registration applications for all individuals are required to be submitted as required and approved by MPOU, and must be truthful, accurate, and complete.
(b) Initial approval. After receipt of a completed registration evidencing that all individuals have the qualifications set forth by law and these rules and that other requirements are met, MPOU shall respond within 15 days with approval of registration, denial, or deficiency statement. Applicants shall have 10 days to cure deficiencies. If deficiencies are not cured within the 10 days, the registration application shall be deemed denied.
(c) Ongoing approval. Once initially approved individuals shall remain approved as long as they remain in compliance with applicable laws and rules. MPOU may require that certain documents and information be submitted on a periodic basis to verify continuing compliance with requirements.
(d) Additional information for verification. MPOU may require any applicant or approved individuals to submit additional information or verification that is reasonably related to making a determination regarding initial approval or continued compliance with requirements.
(e) Non-transferability of registration approval. Approval of individuals is not transferable. Application for new (initial) registration approval must be submitted prior to any change of an individual which must meet the requirements set forth in these rules.
(f) Validity of registration approval. All registration approvals issued pursuant to the laws and regulations are valid only so long as the individual of record is actively engaged in the operation of a probation entity. In the event the individual of record ceases to be actively engaged in the operation of a probation entity, MPOU must be notified.
O.C.G.A. §§
										42-8-106.1, 42-8-109.3, 42-8-109.4.
Compilation of Rules and Regulations of the State of Georgia › Department 105 - GEORGIA DEPARTMENT OF COMMUNITY SUPERVISION › Chapter 105-2 - MISDEMEANOR PROBATION OVERSIGHT UNIT › Rule 105-2-.08 - Service Agreements

Current through Rules and Regulations filed through June 27, 2024
(a) Private and Governmental Probation Service Agreement. All owners and/or entity directors are required to enter into a written service agreement with the local governing authority for each court that it plans to provide misdemeanor probation supervision services to. Each service agreement must be approved by the chief judge of each such court. A signed copy of each service agreement must be filed and maintained current with MPOU prior to providing probation supervision services. Probation entity service agreements must minimally contain the following information and must be filed and maintained current with MPOU:
1. Description of the extent of services to be rendered by the probation entity to include scope of work;
2. Individual qualifications which meet or exceed the statute;
3. Criminal records checks completed on all individuals in accordance with laws and these rules;
4. Policies and procedures for individual training;
5. Private Probation Entities Only-Liability Insurance ($1 Million) and Bonding of staff (at least $25,000);
6. Staffing levels and standards of supervision, including the type and frequency of contacts, and staff to probationer ratio;
7. Collection procedures for handling court-ordered fines, fees, and restitution;
8. Procedures for handling indigent probationers, pay only cases, and consecutive sentences;
9. Revocation procedures and circumstances;
10. Reporting and record keeping procedures;
11. Default and contract termination procedures with specific expiration date not to exceed 5 years unless authorized by statute; and
12. A schedule of probation fees and charges assessed to the probationers supervised by the probation entity. The schedule should include all fees required by law or these rules.
Compilation of Rules and Regulations of the State of Georgia › Department 105 - GEORGIA DEPARTMENT OF COMMUNITY SUPERVISION › Chapter 105-2 - MISDEMEANOR PROBATION OVERSIGHT UNIT › Rule 105-2-.09 - Requirements for All Probation Entities and Individuals

Current through Rules and Regulations filed through June 27, 2024
All individuals who provide service to probationers, or has access to probation records, or who has telephone or face-to-face contact with probationers under Georgia supervision, or access to probationer data, is required to be registered and approved by MPOU, to sign a confidentiality statement agreeing to hold probation records confidential and to be maintained in the individual's personnel file, have a clear criminal record, and to meet the following specific requirements:
(a) Entity Directors and Owners Requirements. To be approved to operate a probation entity, owners and/or directors must have the qualifications set forth below. These qualifications must be demonstrated at the time of registration and at any other time reasonably requested by MPOU.
1. Initial Qualifications of Probation Entity. Upon application for registration approval to operate a probation entity, the applicant must include at least one employed person who is responsible for the direct supervision of probation officers. This supervisor shall have a minimum of 5 years' experience in one or a combination of the following: corrections counseling, parole officer, or probation officer. In its discretion, MPOU may approve experience not listed above.
2. Ongoing Qualifications of Probation Entities.
(i) Maintain a clear criminal record;
(ii) Ensure each individual completes continuing education;
(iii) Maintain continued employment of probation officer supervisor and;
(iv) Adhere to all other requirements established in these rules.
3. Change of location. The owner and/or entity director must notify MPOU prior to any change in the location of the primary entity location or address.
4. Change of contact information. The owner and/or entity director must notify MPOU of any change in the probation entity's telephone number, email, or other pertinent contact information within 3 business days.
Compilation of Rules and Regulations of the State of Georgia › Department 105 - GEORGIA DEPARTMENT OF COMMUNITY SUPERVISION › Chapter 105-2 - MISDEMEANOR PROBATION OVERSIGHT UNIT › Rule 105-2-.10 - Background Checks Required for All Individuals (directors and/or owners, probation officers, administrative employees, agents, interns, or volunteers)

Current through Rules and Regulations filed through June 27, 2024
All individuals of a probation entity are required to have a criminal background check completed by the Department of Community Supervision in accordance with O.C.G.A. §
								35-3-34. MPOU may also require criminal records checks at any point during employment, registration, compliance audits, or complaints. MPOU shall report to the probation entity the results of the criminal background checks for all individuals associated with that probation entity.
(a) Probation entities are responsible for fingerprinting new individuals through GAPS within 10 days of hire.
(b) All individuals of a probation entity are required to report any arrests within 48 hours to MPOU and the director of the employing entity.
(c) No person may fill any of the positions listed above who has engaged in any of the following conduct:
1. Intentionally falsified, misrepresented, or omitted pertinent information while completing the employment application, preliminary interview questionnaires, polygraph or any other pre-employment document(s);
2. Deliberately made inaccurate, misleading, false, or fraudulent statements during the employment process;
3. Failed to meet required educational or professional licensing or certification (if applicable);
4. Has any felony conviction;
5. Has any outstanding misdemeanor or felony charge pending adjudication;
6. Has sufficient misdemeanor convictions to establish a pattern of disregard for the law;
7. Engaged in any crime of a serious or aggravated nature;
8. Convicted or plead nolo contendere within the past three (3) years for Driving Under the Influence of Drugs or Alcohol (DUI) or for any serious traffic offense, including, but not limited to: Fleeing or Attempting to Elude a Police Officer, Vehicular Homicide, Failure to Stop, Render Aid, or Leave Information, and Racing;
9. Has 5 or more convictions and/or pleas of nolo contendere within the past 2 years for any moving violations;
10. Ongoing criminal activity or history of criminal activity other than minor traffic offenses;
11. Completed first offender sentence for an offense that indicates a security risk;
12. Engaged in any illegal drug use within the past 12 months;
13. Any pattern of marijuana use that suggests un-rehabilitated substance abuse;
14. Any pattern of drug use, other than marijuana, that suggests unrehabilitated substance abuse within the past 3 years;
15. Illegal sale, distribution or manufacturing (to include growing) of any drug;
16. Deliberate association of a personal nature within the past year with persons who use illegal drugs in the presence of the applicant;
17. Use of any prescription drug or legally obtainable substance in a manner for which it was not intended and/or;
18. Under sanction by Peace Officer Standards and Training (P.O.S.T).
Compilation of Rules and Regulations of the State of Georgia › Department 105 - GEORGIA DEPARTMENT OF COMMUNITY SUPERVISION › Chapter 105-2 - MISDEMEANOR PROBATION OVERSIGHT UNIT › Rule 105-2-.11 - General Probation Responsibilities

Current through Rules and Regulations filed through June 27, 2024
In addition to meeting all other requirements, probation entities and individuals are responsible for the following:
(a) Providing services for the supervision, and collection of court-ordered fines of probationers assigned to the probation entity by the court in accordance with the service agreement;
(b) The actions of all employees carried out within the scope of employment, whether they are characterized as employees, agents, interns, volunteers, or independent contractors (Applicable to Entity owners/directors only);
(c) Prohibiting the solicitation of probationers for insurance, legal services, bail bonds, specific clinical evaluations or treatment providers, or any other product or service;
(d) Ensuring the quality of case management, case notes, case status, special conditions, and execution of all court orders in a professional and timely manner;
(e) Being accountable to the court in reporting the status of probation cases assigned to the probation entity for supervision;
(f) Prohibiting solicitation, and/or the requirement of advanced payment of probation supervision fees;
(g) Abiding by statute in reference to treatment of indigent probationers and revocation requirements per O.C.G.A. §
								42-8-102;
(h) Abiding by statute in reference to pay only cases per O.C.G.A. §
								42-8-103;
(i) Abiding by statute in reference to consecutive misdemeanor sentences per O.C.G.A. §
								42-8-103.1(a)(b);
(j) Abiding by statute in reference to the tolling of misdemeanor sentences per O.C.G.A. §
								42-8-105 and ;
(k) The failure to adhere to these responsibilities shall subject the probation entity or individuals to sanctions as provided in these rules.
O.C.G.A. §§
										42-3-3, §
										42-3-6, 42-8-106.1, 42-8-102, 42-8-103, 42-8-103.1, 42-8-104, 42-8-105.
Compilation of Rules and Regulations of the State of Georgia › Department 105 - GEORGIA DEPARTMENT OF COMMUNITY SUPERVISION › Chapter 105-2 - MISDEMEANOR PROBATION OVERSIGHT UNIT › Rule 105-2-.13 - Probation Entity Reports

Current through Rules and Regulations filed through June 27, 2024
All probation entities shall provide the judge and MPOU with a quarterly probation entity activity report in such detail as the judge and MPOU may require.
(a) Probation entity quarterly activity reports shall be submitted within 15 30 days after the close of each calendar quarter and shall be made utilizing forms approved by MPOU. Quarterly reports must be received by MPOU as follows: 1st quarter (Jan-March) due April 30th, 2nd quarter (April-June) due July 30th, 3rd quarter (July-Sept.) due October 30th, 4th quarter (Oct.-Dec.) due January 30th.
1. If the 30th day after the close of the quarter falls on a weekend or state or federal holiday, the quarterly report shall be submitted by the following business day. MPOU in its discretion shall allow for adjustments of due dates based on a case by case basis as long as the request for extension is received by MPOU in writing prior to the due date.
2. Failure to submit quarterly reports in a timely manner may result in sanctioning.
Compilation of Rules and Regulations of the State of Georgia › Department 105 - GEORGIA DEPARTMENT OF COMMUNITY SUPERVISION › Chapter 105-2 - MISDEMEANOR PROBATION OVERSIGHT UNIT › Rule 105-2-.14 - Probation Entity Records

Current through Rules and Regulations filed through June 27, 2024
Each probation entity must maintain the following records for the period required by law at no less than three years and the records must be available and accessible for inspection by the affected county, municipality, consolidated government, the court, the Department of Audits and Accounts or MPOU upon request.
(a) Required records are as follows:
1. All written contracts or service agreements for probation services;
2. All court orders for all probationers assigned to the entity for supervision;
3. All accounting ledgers and related documents;
4. All payment receipts issued to probationers for all funds received;
5. All probation case history and management reports and documents;
6. All other documents pertaining to the case management of each probationer assigned to the entity for supervision;
7. The probation entity and individual applications for registration and supporting documents submitted to MPOU;
8. All training records and individual personnel files;
9. The registration approval issued to the probation entity and individuals by MPOU; and
10. All documents related to the case management of probationers to include but not limited to case history, accounting ledgers, and payment receipts must be retained for a period required by law after the probation case closes at no less than 3 years.
11. Pursuant to O.C.G.A §
									42-8-109.2(b) (1) (A), "Any probationer under supervision shall be provided with a written receipt and a balance statement each time he or she makes a payment." All other reports, files, records, and papers of whatever kind relative to the supervision of probationers are declared to be confidential and shall be available only to the affected county, municipality, or consolidated government, or an auditor appointed by such county, municipality, or consolidated government, the judge handling a particular case, the Department of Audits and Accounts, the Department of Corrections, DCS, the State Board of Pardons and Paroles, or the Board.
12. All other reports, files, records, and papers of whatever kind relative to the supervision of probationers may also be disclosed to verified law enforcement agencies solely to perform law enforcement duties and responsibilities.
13. The foregoing reports, files, records, and papers of whatever kind relative to the supervision of probationers are not subject to disclosure pursuant to a subpoena.
14. All applicable reports, files, records, and papers of whatever kind relative to the supervision of probationers shall comply with all applicable laws and regulations pursuant to GA Records Act O.C.G.A §
									50-18-90 et. seq.
Compilation of Rules and Regulations of the State of Georgia › Department 105 - GEORGIA DEPARTMENT OF COMMUNITY SUPERVISION › Chapter 105-2 - MISDEMEANOR PROBATION OVERSIGHT UNIT › Rule 105-2-.15 - Money Collection

Current through Rules and Regulations filed through June 27, 2024
No probation entity or individual shall assess or collect from a probationer or disburse any funds, except as authorized by written order of the court, as authorized by the written service agreement, or as required by State law.
(a) A current schedule and priority of all probation fees, authorized through a service agreement, must be filed by the probation entity with MPOU and comply with applicable laws and rules.
(b) No probation entity or individual may offer any program services or components for an additional fee unless the fee is authorized by the probation entity's service agreement and has been ordered by the court, or as required by State law.
(c) It shall be the duty of the probation entity to collect and disburse funds and faithfully keep the records of accounts as required by the court, MPOU, and State law.
(d) No probation entity or individual shall require collection of probation supervision fees prior to providing services.
(e) The failure to adhere to any of these requirements in (a) through (d) above shall subject the probation entity and individuals to sanctions as provided in these rules.
O.C.G.A. §§
										42-8-106.1, 17-10-1.
Compilation of Rules and Regulations of the State of Georgia › Department 105 - GEORGIA DEPARTMENT OF COMMUNITY SUPERVISION › Chapter 105-2 - MISDEMEANOR PROBATION OVERSIGHT UNIT › Rule 105-2-.16 - Transfer of Probation Supervision

Current through Rules and Regulations filed through June 27, 2024
Probation case supervision may be transferred from one probation entity to another with the approval of the court of original jurisdiction and/or as provided by Interstate Compact.
(a) The Sending Probation Entity. The sending probation entity will be responsible for contacting the receiving probation entity and determining if the transfer is feasible. The sending probation entity shall provide the court of original jurisdiction with necessary information for consideration of the transfer.
(b) Approval of the Transfer. Upon approval of the transfer, the sending probation entity will instruct the probationer in writing as to where and when to report to the receiving probation entity and will forward a case management package to the receiving probation entity. The package should include: a copy of the sentence, a copy of all case history information and a statement of financial obligations and collections to date.
(c) Transfer of Cases Involving Financial Collections. When a case is transferred from one probation entity to another, the sending probation entity remains responsible for the collection of all original fines, fees and surcharges, with the exception of monthly probation supervision fees unless otherwise ordered by the court.
(i) Monthly probation fees collected and retained by the sending probation entity shall not exceed an amount equal to the number of months that the probationer was actually supervised. As of the date of transfer, monthly probation supervision fees shall be collected and retained by the receiving probation entity.
(ii) The sending probation entity will remain responsible for the collection of all other financial obligations and is responsible for instructing the probationer regarding forwarding scheduled financial payments back to the original probation entity unless otherwise ordered by the court.
Compilation of Rules and Regulations of the State of Georgia › Department 105 - GEORGIA DEPARTMENT OF COMMUNITY SUPERVISION › Chapter 105-2 - MISDEMEANOR PROBATION OVERSIGHT UNIT › Rule 105-2-.17 - Notification of Probation Entity Sales, Mergers or Acquisitions

Current through Rules and Regulations filed through June 27, 2024
In the event a probation entity becomes associated with another corporation, enterprise or agency, or becomes consolidated with another government, whether through acquisition, merger, sale or any other such transaction, that probation entity shall inform MPOU of such change within 10 days after the transaction. The written notice shall include the names, addresses and telephone numbers of all primary parties, the effective date of the merger or sale or consolidation, and the nature of the business relationship of the new probation entity. A violation of any provision contained in the applicable statute may result in a breach of contract for all probation services rendered.
(a) All parties must be approved by MPOU to provide misdemeanor probation supervision services prior to the merger, sale or any other such transaction.
(b) Probation entities must adhere to rule  105-2-.08  and have an approved service agreement prior to providing probation services.
(c) Failure to obtain such approval shall subject the entity to sanctions provided by these rules.
O.C.G.A. §§
										42-8-106.1, 42-8-109.3.
Compilation of Rules and Regulations of the State of Georgia › Department 105 - GEORGIA DEPARTMENT OF COMMUNITY SUPERVISION › Chapter 105-2 - MISDEMEANOR PROBATION OVERSIGHT UNIT › Rule 105-2-.18 - Probation Entity Advertising and Solicitation

Current through Rules and Regulations filed through June 27, 2024
Any probation entity that solicits business is required to meet the following requirements:
(a) Any advertisement must contain the full name of the probation entity;
(b) No probation entity may advertise in any manner that is false or misleading, nor may any advertisement make any false or misleading claim and;
(c) No Probation entity may use the logo or the seal of the State of Georgia in any advertising or on any probation entity stationary or correspondence.
O.C.G.A. §§
									10-1-372, 10-1-421, 42-8-106.1, 50-3-8.
Compilation of Rules and Regulations of the State of Georgia › Department 105 - GEORGIA DEPARTMENT OF COMMUNITY SUPERVISION › Chapter 105-2 - MISDEMEANOR PROBATION OVERSIGHT UNIT › Rule 105-2-.19 - Audits, Inspections, Investigations, and Probation Entity Monitoring

Current through Rules and Regulations filed through June 27, 2024
MPOU is authorized and empowered to conduct audits, inspections, and investigations of probation entities and individuals to determine and monitor compliance with requirements.
(a) Audits and inspections may be conducted at any site, location, or place, and may be initiated any time during operating or other reasonable hours, of such probation entity in order to assess compliance with requirements.
(b) MPOU is authorized and empowered to conduct investigations to determine whether any probation entity or individual requirements have been, or are being violated. Such investigations may be conducted at any site, location, or place, may be initiated any time during operating or other reasonable hours, may continue during a pending administrative action initiated by MPOU, and may involve any person who may have information related to an alleged or suspected violation by a probation entity. Investigations may be initiated by MPOU, at its discretion, when it suspects actual or potential noncompliance with requirements on the part of a probation entity or individual, or when any person alleges facts which, if true, likely would constitute a violation of the law or these rules.
(c) Consent to entry and access. A registration application or the approval by MPOU constitutes consent by the registration applicant and the owner/director of the premises for MPOU representatives to enter the premises for the purpose of conducting an audit, inspection, investigation, or monitoring.
(d) MPOU representatives must be allowed immediate entrance and access to the probation entity premises and to sources of information determined by MPOU to be pertinent to making a full compliance determination. This information includes, but is not limited to: all individuals, all parts of the premises, probationers records, and any document(s) related to the initial or continued registration approval of a probation entity or individual.
(e) MPOU additionally shall have the authority to require the probation entity or individual to provide any relevant documents including originals where available or photocopies or portions thereof. This authority extends to documents to which confidentiality or privilege otherwise would attach.
(f) Cooperation with inspection. Probation entities and individuals must cooperate with any inspection or investigation by MPOU and must provide, without delay, any information reasonably requested by MPOU.
O.C.G.A. §§
									42-8-106.1, 42-8-109.3.
Compilation of Rules and Regulations of the State of Georgia › Department 105 - GEORGIA DEPARTMENT OF COMMUNITY SUPERVISION › Chapter 105-2 - MISDEMEANOR PROBATION OVERSIGHT UNIT › Rule 105-2-.21 - Sanctions that May Be Imposed

Current through Rules and Regulations filed through June 27, 2024
When the Misdemeanor Oversight Unit Director finds that a violation of laws or these rules has taken place, the Director may take any one or more of the following actions:
(a) Administer a reprimand to the entity or individual.
(b) Suspend for a fixed period of time the entity or individual's certification or authorization to do business, to engage in a specific activity as part of the business, or to supervise probationers.
(c) Limit or restrict any authorization, certificate, or approval that has been previously approved by the MPOU.
(d) Impose a fine or violations fee against the probation entity or individual in an amount not to exceed $5,000 per violation.
(e) Impose any of the above sanctions but withhold enforcement of such sanctions and place the probation entity or individual on probation for a definite period of time under such conditions as may be imposed by the MPOU Director. Upon violation of any of the terms of probation, as determined by the MPOU Director, the original sanctions shall immediately take effect.
(f) MPOU shall notify all courts served by the probation entity of any sanction imposed upon the probation entity for violating these rules and regulations.
(g) MPOU Director shall have the authority to take emergency action against a probation entity or individual to immediately suspend its registration approval if MPOU finds that the public health, safety, or welfare imperatively requires emergency action.
O.C.G.A. §§
									42-8-106.1, 42-8-109.3.
Compilation of Rules and Regulations of the State of Georgia › Department 105 - GEORGIA DEPARTMENT OF COMMUNITY SUPERVISION › Chapter 105-2 - MISDEMEANOR PROBATION OVERSIGHT UNIT › Rule 105-2-.22 - Procedures for Imposition of Sanctions

Current through Rules and Regulations filed through June 27, 2024
Upon a finding that a violation has occurred, MPOU shall send a letter by certified mail to the probation entity or individual, specifically noting the alleged violations.
(a) The probation entity or individual shall have 15 days from the date of such letter in which to submit any additional documents or other evidence in response to the allegations.
(b) After consideration of the allegations and any additional evidence received from the probation entity or individual, the Director, with the concurrence of the Commissioner, shall determine what, if any, sanction shall be appropriate for each violation. Once the determination is made, the MPOU will notify the probation entity and/or individual, by certified mail, setting forth the violations found to exist and the sanctions imposed. The letter shall also inform the violator of the right to review by the Board of Community Supervision.
(c) Within 10 days of receiving the sanctions notice, the probation entity or individual may request review by the Board of Community Supervision. If the violator does not seek review the sanction will be final. Except for emergency sanctions under Rule 105-2-21(g), if the violator seeks Board review, the sanction will be stayed until the Board reviews the sanction and acts on the sanction as provided in subsection (f) below.
(d) It is the responsibility of all probation entities to maintain their mailing address current and up-to-date with MPOU as any and all correspondence will be sent to the address on file.
(e) If the probation entity or individual requests review of the sanction imposed by the MPOU Director, the record, including any materials submitted by the probation entity or individual, shall be forwarded to the Board of Community Supervision for review. The request for review should be made in writing and addressed to the MPOU Director.
(f) The Board of Community Supervision shall review the sanction imposed and affirm the sanction, alter the sanction, or remand the matter to the Director.
(g) If the Board affirms the sanction or imposes an alternative sanction, notice of the sanction shall be sent to the probation entity or individual sanction by certified mail. The entity or individual against whom the sanction has been imposed may appeal as provided by O.C.G.A §
								42-3-10.
O.C.G.A. §§
									42-8-106.1, 42-8-109.2, 42-3-10.
Compilation of Rules and Regulations of the State of Georgia › Department 105 - GEORGIA DEPARTMENT OF COMMUNITY SUPERVISION › Chapter 105-2 - MISDEMEANOR PROBATION OVERSIGHT UNIT › Rule 105-2-.23 - Severability

Current through Rules and Regulations filed through June 27, 2024
In the event that any rule, sentence, clause or phrase of any of these rules and regulations may be construed by any court of competent jurisdiction to be invalid, illegal, unconstitutional, or otherwise unenforceable, such determination or adjudication shall in no manner affect the remaining rules or portions thereof. The remaining rules or portions thereof shall remain in full force and effect, as if such rule or portions thereof so determined, declared, or adjudicated invalid or unconstitutional were not originally a part of these rules.
O.C.G.A. §§
									42-3-2, 42-3-3, 42-3-6, 42-8-106.1.
Compilation of Rules and Regulations of the State of Georgia › Department 105 - GEORGIA DEPARTMENT OF COMMUNITY SUPERVISION › Chapter 105-2 - MISDEMEANOR PROBATION OVERSIGHT UNIT › Rule 105-2-.24 - Filing of Complaints

Current through Rules and Regulations filed through June 27, 2024
All probation entities and individuals affiliated with misdemeanor probation supervision are expected to conduct themselves in a professional manner and adhere to all applicable statutes and regulations. Citizens may file a complaint with MPOU. All complaints will be investigated and remain confidential until the investigation is completed.
(a) MPOU shall open an investigation and notify the probation entity and/or the individual of the investigation in writing. A copy of the complaint or summary of the complaint shall be sent to the probation entity and/or individual. Identifying information of complainants may be redacted.
(b) The MPOU shall develop procedures and forms, as needed, for the acceptance of complaints from members of the public regarding conduct of entities or individuals subject to these rules.
O.C.G.A. §
									42-8-106.1.
Compilation of Rules and Regulations of the State of Georgia › Department 105 - GEORGIA DEPARTMENT OF COMMUNITY SUPERVISION › Chapter 105-3 - FAMILY VIOLENCE INTERVENTION PROGRAM › Rule 105-3-.01 - Name and Address

Current through Rules and Regulations filed through June 27, 2024
The Board of Community Supervision, in partnership with the Georgia Department of Community Supervision and the Georgia Commission on Family Violence, adopted these rules governing family violence intervention programs. The Board of Community Supervision is located at 2 Martin Luther King, Jr., Drive, Suite 866 - East Tower, Atlanta, Georgia 30334.
O.C.G.A. §§
										19-13-10; 19-13-14(a),(d)& (e); 19-13-17 ; 19-13-34(a)(4) & (9) .
Compilation of Rules and Regulations of the State of Georgia › Department 105 - GEORGIA DEPARTMENT OF COMMUNITY SUPERVISION › Chapter 105-3 - FAMILY VIOLENCE INTERVENTION PROGRAM › Rule 105-3-.02 - Purpose and Authority

Current through Rules and Regulations filed through June 27, 2024
These rules shall be known as the Rules for Family Violence Intervention Programs. The purpose of the rules is to provide for the administration and certification of Family Violence Intervention Programs and Facilitators by the Department of Community Supervision through standards developed by the Georgia Commission on Family Violence and to provide for the enforcement of certification and program requirements and for the inspection and investigation of such programs and staff, by the Department of Community Supervision through the Georgia Commission on Family Violence. These rules are adopted and published in accordance with the Official Code of Georgia Annotated O.C.G.A. §
								19-13-10, et seq. These rules shall remain in effect until adoption of new rules and regulations under the Board of Community Supervision.
O.C.G.A. §§
										19-13-10; 19-13-14(d)& (e); 19-13-17 ; 19-13-34(a)(4) & (9) .
Compilation of Rules and Regulations of the State of Georgia › Department 105 - GEORGIA DEPARTMENT OF COMMUNITY SUPERVISION › Chapter 105-3 - FAMILY VIOLENCE INTERVENTION PROGRAM › Rule 105-3-.04 - Certification Required

Current through Rules and Regulations filed through June 27, 2024
No person shall own or operate an FVIP or facilitate an FVIP class without being certified by the Commission as set forth herein in these rules. The failure or refusal to apply for and maintain certification shall subject the FVIP owners, operators and facilitators to sanctions provided in these rules. All applications for certification and recertification must be submitted as required to the Commission, and must be truthful, accurate, and complete.
(a) Limitations on eligibility for FVIP Certification and Facilitator Certification:
1. No person shall be certified who has been a perpetrator of family or domestic violence, including any family violence charges within five (5) years, unless the applicant has shown proof that they have successfully completed a certified FVIP at least two (2) years prior to applying for certification.
2. No person shall be certified who is under any form of community supervision, administrative or otherwise, by any law enforcement agency or county, state or federal authority. This includes, but is not limited to, any form of misdemeanor or felony probation, pre-trial diversion, or parole.
3. No person shall own, direct, facilitate in, or employ any supervisor or director of an FVIP program if such status poses an actual, potential, or apparent conflict of interest. Nor shall any person own, direct, facilitate, or employ any supervisor or director of any program where there exists any type of relationship that would place the owner, director, facilitator, or employee in a position to exert undue influence, exploit, or take undue advantage of any participant.
Compilation of Rules and Regulations of the State of Georgia › Department 105 - GEORGIA DEPARTMENT OF COMMUNITY SUPERVISION › Chapter 105-3 - FAMILY VIOLENCE INTERVENTION PROGRAM › Rule 105-3-.05 - Certification Requirements for Family Violence Intervention Program Facilitators

Current through Rules and Regulations filed through June 27, 2024
(1) Initial Facilitator Certification Requirements.
(a) Facilitator Training Requirements. Applicants shall provide proof of completing the following training requirements within three (3) years of applying for certification:
1. Completion of twenty (20) hours of Commission delivered facilitator training;
i. Applicants must attend "FVIP Basics," a six (6) hour training, prior to beginning all other training requirements and class participation requirements. The remaining fourteen (14) hours of Commission delivered training may be completed in conjunction with the additional training requirements.
Compilation of Rules and Regulations of the State of Georgia › Department 105 - GEORGIA DEPARTMENT OF COMMUNITY SUPERVISION › Chapter 105-3 - FAMILY VIOLENCE INTERVENTION PROGRAM › Rule 105-3-.07 - Procedure and Class Requirements

Current through Rules and Regulations filed through June 27, 2024
(1) Program Orientation Requirements.
(a) Certified facilitators will conduct an orientation and/or application interview with candidates. Neither the orientation nor the application interview will count toward the twenty-four (24) class requirement. The orientation and/or application interview shall include determining previous incidents of abuse, identifying the source of referral, and obtaining victim contact information.
(b) Certified facilitators shall require candidates to provide copies of any police reports, protection orders, probation conditions, and any other court orders related to their case prior to starting FVIP classes.
(c) Certified facilitators may use assessment tools for evaluating candidates for the appropriateness of FVIP classes.
(d) Certified facilitators may not use evaluation tools or clinical assessments for the purposes of predicting a candidate's or participant's future use of violence or propensity for violence.
(e) Certified facilitators shall assess candidates for accessibility requirements under state law.
(f) A Victim Contact Request Form must be sent to the victim liaison within five (5) calendar days of a participant's enrollment in the FVIP. Requirements for this form can be found in the Department SOP.
Compilation of Rules and Regulations of the State of Georgia › Department 105 - GEORGIA DEPARTMENT OF COMMUNITY SUPERVISION › Chapter 105-3 - FAMILY VIOLENCE INTERVENTION PROGRAM › Rule 105-3-.08 - Reporting and Recordkeeping Requirements

Current through Rules and Regulations filed through June 27, 2024
(1) Monthly Reporting and Payment Requirements to the Commission.
(a) FVIPs shall report to the Commission the following information once a month through the Commission designated reporting system:
1. New and updated locations where classes are being held.
2. New and updated class schedules, including the day, time, type of class, and certified facilitator(s) assigned to the class.
3. Participants must be entered into the reporting system by the tenth day of the following month for which they enrolled or re-enrolled in the program.
4. Participants who have completed, transferred or been terminated from the program by the tenth day of the following month.
5. FVIPs must report if they had no new participants for the previous month.
Compilation of Rules and Regulations of the State of Georgia › Department 105 - GEORGIA DEPARTMENT OF COMMUNITY SUPERVISION › Chapter 105-3 - FAMILY VIOLENCE INTERVENTION PROGRAM › Rule 105-3-.09 - Curriculum Requirements

Current through Rules and Regulations filed through June 27, 2024
(1) All FVIPs shall establish and comply with a written curriculum. Written curriculums must follow an educational model and include content for weekly sessions. FVIPs shall make all written curriculum available to the Commission and victim liaisons upon request. Best practice curriculums are included in the Department SOP. Curriculums must adhere to the following principles regarding family and domestic violence:
(a) Power and Control. Program topics must follow a model that identifies and challenges family and domestic violence as an overall system of physical and emotional abuse where the participant chooses to use tactics of power and control over the victim.
(b) Beliefs and Social Context. Program topics shall consistently identify and challenge participants' personal beliefs and social contexts that support those beliefs and encourage the use of power and control tactics over the victim.
(c) Effects. Program topics shall consistently identify and hold the participant accountable for the physical and emotional effects of the participant's violence and abuse on victims, including children.
Compilation of Rules and Regulations of the State of Georgia › Department 105 - GEORGIA DEPARTMENT OF COMMUNITY SUPERVISION › Chapter 105-3 - FAMILY VIOLENCE INTERVENTION PROGRAM › Rule 105-3-.10 - Prohibited Intervention Practices & Activities

Current through Rules and Regulations filed through June 27, 2024
(1) The following intervention practices are specifically prohibited in FVIPs:
(a) Any intervention approach that blames the victim or suggests there is any behavior on the part of the victim that causes, provokes, or excuses abuse;
(b) Any intervention approach which treats the violence as a mutually circular process, minimizes the responsibility of the participant, or does not state clearly that participant's bear sole responsibility for their choices;
(c) Any couples, marriage, or family therapy or treatment;
(d) Any intervention approach which excuses a participant's violence and behavior;
(e) Any approach that coerces, mandates, or encourages voluntary participation of the victim;
(f) Any anger management techniques that identify anger as the cause of family and domestic violence;
(g) Any theories or techniques that identify psychopathology or substance abuse on the part of either party as the primary cause of family and domestic violence;
(h) Any intervention or approach whose goal is to preserve the relationship and/or the family at the expense of safety for partners/family, or whose doctrines promote an unequal distribution of power in the relationship which threatens the civil and human rights of the victim;
(i) Any intervention that provides any form of advocacy for the participant that places their partner/family at risk. This can include any action or inaction by the FVIP that serves to decrease the possibility that a participant will experience appropriate consequences for their abusive behavior and/or serves to increase the possibility that they will obtain privileges that result in any form of harm to their partner/family;
(j) Use of theories or techniques that identify poor impulse control as the primary cause of violence;
(k) Any approach that attempts to use containment methods in an attempt to de-escalate the violence; and
(l) Online, web-based programming.
Compilation of Rules and Regulations of the State of Georgia › Department 105 - GEORGIA DEPARTMENT OF COMMUNITY SUPERVISION › Chapter 105-3 - FAMILY VIOLENCE INTERVENTION PROGRAM › Rule 105-3-.11 - Requirements of Commission-Approved Training

Current through Rules and Regulations filed through June 27, 2024
(1) Approval of Training. The Commission shall approve all training used to fulfill FVIP facilitators' training requirements for initial certification and recertification.
(2) Training Application Process. To be considered for approval, the following items shall be sent to the Commission using the process designated in the application created by the Commission. Applications must be received prior to forty-five (45) calendar days of the first scheduled training.
(a) A completed and signed application form with all requested attachments;
(b) A detailed training agenda;
(c) A statement of the qualifications, biography, or curriculum vitae of the potential trainers and two (2) references of people who can attest to the trainer's ability;
(d) A training evaluation to be distributed to the training participants that meets the requirements outlined in the training application. Results must be made available to the Commission upon request;
Compilation of Rules and Regulations of the State of Georgia › Department 105 - GEORGIA DEPARTMENT OF COMMUNITY SUPERVISION › Chapter 105-3 - FAMILY VIOLENCE INTERVENTION PROGRAM › Rule 105-3-.12 - Family Violence Intervention Program Monitoring

Current through Rules and Regulations filed through June 27, 2024
(1) Monitoring Site Visits. FVIPs shall allow scheduled and unscheduled monitoring visits by Commission staff and/or designated monitors or a victim liaison. Monitoring may consist of both administrative review and class observation. Monitoring visits may include audio recordings of FVIP classes for the purpose of ensuring program and facilitator compliance with certification standards; such recordings may be conducted without prior notice.
(2) Records of Personnel and Contract Workers. FVIPs must maintain adequate documentation to ensure compliance with the minimum standards set forth in these rules. Programs and facilitators shall allow access to this documentation, even in the event of an unscheduled monitoring visit. Programs are required to maintain personnel records for each FVIP employee and/or contract worker, excluding the subcontracted victim liaison.
(a) Each personnel file shall contain:
1. a copy of the facilitator's certification by the Commission,
2. the employee's and/or contract worker's name, address, email address(es), and phone number(s),
3. a signed job description,
4. a signed drug-free workplace policy statement,
5. a signed sexual harassment policy statement,
6. a signed violence-free lifestyle statement,
7. a signed employment contract (if applicable),
8. a verification of notice to the Commission of civil proceedings involving family violence and/or any criminal arrest (if applicable).
Compilation of Rules and Regulations of the State of Georgia › Department 105 - GEORGIA DEPARTMENT OF COMMUNITY SUPERVISION › Chapter 105-3 - FAMILY VIOLENCE INTERVENTION PROGRAM › Rule 105-3-.14 - Applicability of Administrative Procedures Act

Current through Rules and Regulations filed through June 27, 2024
All Enforcement actions resulting from the enforcement Chapter shall be administered in accordance with Chapter 13 of Title 50 of the Official Code of Georgia, the "Georgia Administrative Procedures Act." The Department shall notify the FVIP program and/or facilitator or program applicant of any intended enforcement action. Any such notice shall set forth the proposed action or actions and the factual and legal basis or bases therefor. An FVIP program and/or facilitator desiring a hearing in response to an enforcement action against it must make a request in writing and must submit the request to the Department no later than ten (10) calendar days from the date of receipt of any notice of intent by the Department to take an enforcement action.
O.C.G.A. §
										19-13-17.
Compilation of Rules and Regulations of the State of Georgia › Department 105 - GEORGIA DEPARTMENT OF COMMUNITY SUPERVISION › Chapter 105-3 - FAMILY VIOLENCE INTERVENTION PROGRAM › Rule 105-3-.15 - Severability

Current through Rules and Regulations filed through June 27, 2024
In the event that any rule, sentence, clause or phrase of any of these rules and regulations may be construed by any court of competent jurisdiction to be invalid, illegal, unconstitutional, or otherwise unenforceable, such determination or adjudication shall in no manner affect the remaining rules or portions thereof. The remaining rules or portions thereof shall remain in full force and effect, as if such rule or portions thereof so determined, declared, or adjudicated invalid or unconstitutional were not originally a part of these rules.
O.C.G.A. §§
										19-13-13(a)& (b); 19-13-17 .
Compilation of Rules and Regulations of the State of Georgia › Department 110 - RULES OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS › Chapter 110-1 - ADMINISTRATION › Subject 110-1-1 - ORGANIZATION › Rule 110-1-1-.01 - The History of the Department of Community Affairs

Current through Rules and Regulations filed through June 27, 2024
(1) The Department of Community Affairs was
				created by a General Act of the General Assembly entitled the "Georgia
				Department of Community Affairs Act" No. 233, Georgia Laws 1977, as
				amended.
(2) The Department was
				created to meet the need of fulfilling the State's responsibilities to local
				governments and to promote and protect the institution of general purpose local
				government in the State.
(3) The
				Department's policy and direction is governed by the Board of Community
				Affairs. The Board consists of nine members appointed by the Governor for
				three-year terms and selected by him from nominees of the Georgia Municipal
				Association and the Association County Commissioners of Georgia. The Governor
				selects three from each and three at large. The Board meets monthly to conduct
				the business of the Department.
Ga. L. 1977, Act No.
				  233