Georgia Code, Title 42, Chapter 8, Article 2 - State-Wide Probation System
- § 42-8-20 - Short Title
This article shall be known and may be cited as the "State-wide Probation Act."
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 42-8-26 - Qualifications of Officer; Compensation and Expenses; Conflicts of Interest; Bonds
(a) (1) In order for a person to be an officer, he or she shall be at least 21 years of age at the...
- § 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...
- § 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.
- § 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...
- § 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...
- § 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...
- Section 42-8-30.1. - Redesignated
- § 42-8-31 - Collection and Disbursement of Funds by Officers; Record-Keeping; 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...
- § 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.
- § 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...
- § 42-8-34 - Sentencing Hearings and Determinations; Presentence Investigations; Fees, Fines, and Costs; Post-Conviction, Presentence Bond; Continuing Jurisdiction; Transferal of Probation Supervision
(a) Any court of this state which has original jurisdiction of criminal actions, except municipal courts and probate courts, in which the defendant in...
- § 42-8-34.1 - Revocation of Probated or Suspended Sentence; Alternative Sentencing; Burden of Proof; Length of Probation Supervision
(a) For the purposes of this Code section, the term "special condition of probation or suspension of the sentence" means a condition of a...
- § 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...
- § 42-8-35 - Terms and Conditions of Probation; Supervision
(a) The court shall determine the terms and conditions of probation and may provide that the probationer shall: (1) Avoid injurious and vicious habits;...
- § 42-8-35.1 - Special Alternative Incarceration--probation Boot Camp Unit
(a) Notwithstanding any other terms or conditions of probation which may be imposed, a court may provide that probationers sentenced for felony offenses to...
- § 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)...
- § 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...
- § 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...
- § 42-8-35.5 - Confinement in Probation Diversion Center
(a) Notwithstanding any other terms and conditions of probation which may be imposed, a court may require that probationers sentenced to a period of...
- § 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...
- § 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...
- § 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...
- § 42-8-37 - Effect of Termination of Probated Portion of Sentence; Review of Cases of Persons Receiving Probated Sentence; Reports
(a) Upon the termination of the probated portion of a sentence, the probationer shall be released from probation and shall not be liable to...
- § 42-8-38 - Arrest or Graduated Sanctions for Probationers Violating Terms; Hearing; Disposition of Charge; Procedure When Probation Revoked in County Other Than that of Conviction
(a) Whenever, within the period of probation, an officer believes that a probationer under his or her supervision has violated the terms of probation...
- § 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...
- § 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...
- § 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.
- § 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...
- § 42-8-43 - Liberal Construction of Article
This article shall be liberally construed so that its purposes may be achieved.
- § 42-8-43.1 - Through 42-8-43.3
Repealed by Ga. L. 2015, p. 422, ยง 4-1/HB 310, effective July 1, 2015.
- Section 42-8-44. - Redesignated
Last modified: October 14, 2016