(a) There is created an advisory council with respect to the provisions of this article composed of one superior court judge designated by The Council of Superior Court Judges of Georgia, one state court judge designated by The Council of State Court Judges of Georgia, one municipal court judge designated by the Council of Municipal Court Judges of Georgia, one probate court judge designated by The Council of Probate Court Judges of Georgia, one magistrate designated by the Council of Magistrate Court Judges, one attorney who specializes in criminal defense appointed by the Governor, one probation officer appointed by the Governor, and one private probation officer or individual with expertise in private probation services by virtue of his or her training or employment appointed by the Governor. The appointing authority shall determine the length of its appointee's term serving on such council. The advisory council shall elect a chairperson from among its membership and such other officers as it deems necessary.
(b) The board shall have the following powers and duties; provided that, with respect to promulgating the rules, regulations, and standards set forth in this subsection, the board shall act only upon consultation with and approval by the advisory board:
(1) To review the uniform professional standards for private probation officers and uniform contract standards for private probation contracts established in Code Section 42-8-107 and submit a report with its recommendations to the General Assembly;
(2) To promulgate rules and regulations to implement those uniform professional standards for probation officers and uniform agreement standards for the establishment of probation services by a county, municipality, or consolidated government established in Code Section 42-8-107;
(3) To promulgate rules and regulations establishing a 40 hour initial orientation for newly hired private probation officers and for 20 hours per annum of continuing education for private probation officers, provided that the 40 hour initial orientation shall not be required of any person who has successfully completed a basic course of training for supervision of probationers or parolees certified by the Georgia Peace Officer Standards and Training Council or any private probation officer who has been employed by a private probation corporation, enterprise, or agency for at least six months as of July 1, 1996;
(4) To promulgate rules and regulations establishing a 40 hour initial orientation for probation officers and for 20 hours per annum of continuing education for such probation officers, provided that the 40 hour initial orientation shall not be required of any person who has successfully completed a basic course of training for supervision of probationers or parolees certified by the Georgia Peace Officer Standards and Training Council or any probation officer who has been employed by a county, municipality, or consolidated government as of March 1, 2006;
(5) To promulgate rules and regulations relative to compliance with the provisions of this article, and enforcement mechanisms that may include, but are not limited to, the imposition of sanctions and fines and the voiding of contracts or agreements;
(6) To promulgate rules and regulations establishing registration for any private corporation, private enterprise, private agency, county, municipality, or consolidated government providing probation services under the provisions of this article, subject to the provisions of Code Section 42-8-109.3;
(7) To produce an annual summary report;
(8) To promulgate rules and regulations requiring criminal record checks of individuals seeking to become private probation officers and establishing procedures for such criminal record checks. The Department of Community Supervision on behalf of the board shall conduct a criminal records check for individuals seeking to become probation officers as provided in Code Section 35-3-34. The board shall promulgate rules and regulations relating to restrictions regarding misdemeanor convictions. An agency or private entity shall also be authorized to conduct a criminal history background check of a person employed as a probation officer or private probation officer or individuals seeking such positions. The criminal history check may be conducted in accordance with Code Section 35-3-34 and may be based upon the submission of fingerprints of the individual whose records are requested. The Georgia Bureau of Investigation shall submit the fingerprints to the Federal Bureau of Investigation under the rules established by the United States Department of Justice for processing and identification of records. The federal record, if any, shall be obtained and returned to the requesting entity or agency;
(9) To create committees from among the membership of the board as well as appoint other persons to serve in an advisory capacity to the board in implementing this article; and
(10) To promulgate rules and regulations requiring probation officers and private probation officers to be registered with the board, pay a fee for such registration, and provide for the imposition of sanctions and fines on such officers for misconduct.
Section: Previous 42-8-100 42-8-101 42-8-102 42-8-103 42-8-104 42-8-105 42-8-106 42-8-107 42-8-108 42-8-109 42-8-109.1 42-8-109.2 42-8-109.3 42-8-109.4 42-8-109.5 NextLast modified: October 14, 2016