PROBATION SERVICES

The council shall be known as the County and Municipal Probation Advisory Council of Georgia.

The purpose of the council is to promulgate rules and regulations regarding contracts or agreements for the provision of probation services; for the conduct of business by private entities providing probation services and county, municipal, or consolidated governments establishin…

The governing statutes for the County and Municipal Probation Advisory Council are found in the OCGA § 42-8-100 to § 42-8-108

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…

The County and Municipal Probation Advisory Council is assigned to the Administrative Office of the Courts for administrative purposes. The rules and regulations of the council will be administered by the staff director of the council.

The principal office of the council is: Suite 300, 244 Washington Street, SW, Atlanta, Georgia 30334-5900.

The County and Municipal Probation Advisory Council is composed of eleven voting members. (a) Five members shall be designated by respective councils of courts for indeterminate terms: 1. One superior court judge designated by the Council of Superior Court Judges, representing a …

The officers of the council are a chairperson and vice chairperson

The council will annually elect a chairperson and vice chairperson from its membership in such a manner that represented components are not succeeded from one year to the next year. Officers will be elected from a majority of the members of the council

The chairperson will call meetings, notify members as required, preside at all meetings, name committees, represent the council with respect to releases to the media and in dealing with other agencies and entities, and perform such other duties and acts that pertain to the office…

The vice chairperson will preside at meetings of the council in absence of the chairperson. Upon the death, resignation, or during the disability of the chairperson, the vice chairperson will perform the duties of the chairperson for the remainder of the chairperson's term or unt…

The staff director will be the custodian of all papers, documents, and other property of the council and will keep a record of all proceedings of meetings of the council (a) The staff director will assist in the preparation of all notices, correspondence, policy statements, and o…

The council will meet each quarter or at such times and places as necessary and convenient, or at the call of the chair or written request of three members.

The council may appoint committees as necessary.

The council has the following powers and duties: (a) Promulgate rules and regulations for the administration of the council, including rules of procedure for its internal management and control; (b) Review the uniform professional standards and uniform contract standards for prob…

The council will review all uniform professional standards and uniform contract and agreement standards and submit annual reports and make recommendations to the General Assembly.

Reports, files, records, and papers relative to the supervision of probationers are given the following treatment: (a) All reports, papers, records, and files relative to the supervision of probationers by a private corporation, private enterprise, private agency, or by a county,…

(a) The following persons may not own, operate, direct, or serve as an employee or agent of a probation entity: 1. Any employee of the council, or any spouse thereof; 2. Any person for whom owning, operating, directing or serving as an employee or agent would pose an actual, pote…

Any employee, agent or volunteer who provides any service to offenders or has access to probation entity records, or who has telephone or face-to-face contact with offenders under Georgia supervision, or access to offender data, must meet the following requirements: (a) Be at lea…

The standards for any person employed as a probation officer with a probation entity are: (a) At least 21 years of age at the time of appointment; (b) Completed a standard two-year college course of study or 90 quarter hours or 60 semester hours from an accredited institution or …

To be approved to operate a probation entity and continuously thereafter, owners, directors and/or agents must have the qualifications set forth below. These qualifications must be demonstrated at the time of registration application and at any other time reasonably requested by …

In addition to meeting all other probation entity requirements, every owner, operator, director or agent is responsible for the following: (a) Entering into a written contract or agreement with each court for services provided; (b) Providing services for the supervision, counseli…

All probation entities engaged in probation services shall initially submit a registration application and be approved by the council and re-register as often as necessary to maintain current, up-to-date information with the council. Registration application shall be approved pri…

No probation entity may operate without first registering and being approved by the council as set forth herein. (a) Registration application. All registration applications must be submitted upon forms approved by the council, following a procedure outlined by the council. The ap…

Required. All owners, operators, directors, agents or employees of a probation entity, who provide services to offenders, or have access to probation entity records, or who have face-to-face contact with offenders under Georgia supervision, or who have access to offender data wil…

The primary objective of the council's training curriculum is to insure that administrative employees, probation officers, and operators, receive sufficient training to enable them to provide probation services that are professional, competent and efficient. The curriculum consis…

All probation entities shall provide the judge and the council with a quarterly probation entity activity report in such detail as the judge and council may require. (a) Probation entity quarterly activity reports shall be submitted within 30 days after the close of each calendar…

(a) Confidentiality. All records must be maintained in accordance with the confidentiality provisions of rule 503-1-.17. (b) Required records. Each probation entity must maintain the following records for a period of two years and records must be available and accessible for insp…

No probation entity shall assess, collect, or disburse any funds as it pertains to the collection of court-ordered monies, except by written order of the court or as required by State law. (a) A current schedule of all probation fees must be filed by the probation entity. (b) No …

No owner, operator, director, agent or employee shall collect or disburse any funds as it pertains to OCGA § 42-8-100, except by written or oral order of the court or as required by State law. It shall be the duty of the probation entity to collect and disburse funds and faithful…

Probation case supervision may be transferred from one probation entity to another, within this state, with the approval of the court of original jurisdiction (a) The Sending Probation Entity. The sending probation entity will be responsible for contacting the receiving probation…

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 the County and Municipal…

(a) No probation entity may use any name like, or deceptively similar to, a name used by any other probation entity in this state. No probation entity may use the word "state" in any part of its name as to suggest that it is owned, operated, or endorsed by the State of Georgia. (…

Any probation entity that solicits business must meet the following requirements: (a) Except as provided in subparagraph (b) below, a probation entity must be currently registered with the council in order to advertise in any manner and any advertisement must contain the full nam…

The council or its designated representative(s) are authorized and empowered to conduct inspections and investigations of probation entities to determine and monitor compliance with requirements. (a) Inspections. The council or its designated representative(s) are authorized and …

The council shall have the authority to deny, suspend, and revoke the registration approval of a probation entity for noncompliance with requirements. Additionally, it shall have the authority to issue a written reprimand or assess administrative fines against any probation entit…

(a) Any probation entity upon which the council has imposed any sanction set forth in 503-1-.37 of these rules may appeal that decision by submitting a request for a hearing to the council within fifteen (15) calendar days from the date of service of any notice of sanction by the…

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 …

All providers must comply with the 2011 Immigration Act. For future registration renewalsall directors shall submit the lawful presence affidavit.

The "Complaint Form" shall not be considered an initial incident report. The complaint form shall remain confidential until the investigation of the complaint is completed. When the provider is charged with a violation by the Council he/she has a right to view the complaint. Once…