Title 42 — Title 42
0 chapters · 302 sections in this title.
O.C.G.A. § 42-3-1 Definitions
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As used in this chapter, the term: (1) “Board” means the Board of Community Supervision. (2) “Commissioner” means the commissioner of community supervision. (3) “Community supervision officer” means an individual employed by DCS who supervises probationers or parolees. (4) “DCS” …
O.C.G.A. § 42-3-10 Appeals of sanctions; venue; no waiver of immunity
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(a) In order to appeal a sanction imposed by the board, a person shall remit a request for a hearing, in writing by certified mail or statutory overnight delivery, return receipt requested, to the board within 30 days from the date of personal notice or receipt of the notice of th…
O.C.G.A. § 42-3-110 System of administrative sanctions
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Alternative to judicial modification or revocations of probation, §42-3-113. Waiver of hearing, voluntary acceptance of sanctions, §42-3-115. Orders. First offenders. Retroactive grant of first offender status, §42-8-66. Ordinance violations and misdemeanors. Agreements for probati…
O.C.G.A. § 42-3-111 Definitions
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For purposes of this article, the term: (1) “Chief community supervision officer” means the highest ranking field community supervision officer in each judicial circuit. (2) “Electronic monitoring” means supervising, mapping, or tracking the location of a probationer by means incl…
O.C.G.A. § 42-3-112 Sentencing options system
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(a) In addition to any other terms or conditions of probation provided for under this chapter, the sentencing judge may require that defendants who are sentenced to probation pursuant to subsection (c) of Code Section 42-8-34 be ordered to the sentencing options system. (b) When …
O.C.G.A. § 42-3-113 System of administrative sanctions
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(a) DCS shall be authorized to establish by rules and regulations a system of administrative sanctions as an alternative to judicial modifications or revocations for probationers who violate the terms and conditions of the sentencing options system established under this article. …
O.C.G.A. § 42-3-114 Preliminary hearing for alleged violation of probation
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(a) Whenever an options system probationer is arrested on a warrant for an alleged violation of probation, an informal preliminary hearing shall be held within a reasonable time not to exceed 15 days. (b) A preliminary hearing shall not be required when: (1) The probationer is no…
O.C.G.A. § 42-3-116 Finality of hearing officer’s decision; request for review; appeal
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(a) The hearing officer’s decision shall be final unless the options system probationer files a request for review with the senior hearing officer. A request for review must be filed within 15 days of the issuance of DCS’s decision. Such request shall not stay DCS’s decision. The se…
O.C.G.A. § 42-3-117 Definitions, §42-3-111
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Failure to comply with sanctions. Probation violation, §42-3-115. Finality of decision as to violation, §42-3-116. Hearing examiner.
O.C.G.A. § 42-3-118 Applicability of article
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This article shall only apply in judicial circuits where DCS has allocated certified hearing officers. History. Code 1981, § 42-3-118, enacted by Ga. L. 2015, p. 422, § 1-1/HB 310. 42-3-119. Liberal construction of article.
O.C.G.A. § 42-3-119 Liberal construction of article
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This article shall be liberally construed so that its purposes may be achieved. History. Code 1981, § 42-3-119, enacted by Ga. L. 2015, p. 422, § 1-1/HB 310. 202 T.42, C.4 T.42, C.4 JAILS CHAPTER 4 JAILS Sec. 42-4-31. Article 1 General Provisions 42-4-32. Sec.
O.C.G.A. § 42-3-2 Penal institutions, §42-2-11
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School bus stop. State sex offender registry, §42-1-12. Schools. State sex offender registry, §42-1-12. Sentencing options system. Probation management act, §42-3-111. Serious offense. Board of pardons and paroles, granting relief from sentence, §42-9-42. Prisoner information, cl…
O.C.G.A. § 42-3-3 Department of Community Supervision created; responsibilities
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(a) There is created the Department of Community Supervision. DCS shall be the agency primarily responsible for: (1) Supervision of all defendants who receive a felony sentence of straight probation; (2) Supervision of all defendants who receive a split sentence; (3) Supervision …
O.C.G.A. § 42-3-4 Commissioner of community supervision; duties
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(a) There shall be a commissioner of community supervision who shall be both appointed by and serve at the pleasure of the Governor. 184 42-3-4 COMM. SUPERVISION & TRANSITION 42-3-5 Subject to the policies, rules, and regulations established by the board, the commissioner shall s…
O.C.G.A. § 42-3-5 Administrative functions of department
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(a) The commissioner, with the approval of the board, may establish units within DCS as he or she deems proper for its administration and shall designate persons to be assistant commissioners of each unit and to exercise authority as he or she may delegate to them in writing. The…
O.C.G.A. § 42-3-50 Definitions; assignment of community service for personal gain prohibited
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(a) As used in this article, the term: (1) “Agency” means any private or public entity or organization that provides services to the public and enhances the social welfare and general well-being of the community. Such term may include educational institutions and religious organi…
O.C.G.A. § 42-3-51 Parole
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Condition of parole or alternative to revocation, §42-9-44.3. Placement of offender with appropriate agency, §42-3-53. Private gain. Use of inmates for, §42-1-5. Probation. Agreements for probation services. Conversion of fines, surcharges, and supervision fees to community servic…
O.C.G.A. § 42-3-53 Definitions
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Board of Community Supervision created; membership; creation of Program and Treatment Completion Certificate; adoption of rules and regulations; duties. Department of Community Supervision created; responsibilities. Commissioner of community supervision; duties. Administrative fun…
O.C.G.A. § 42-3-54 Applicability of Articles 2, 3, and 6 of this chapter
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Article 2 of Chapter 8 of this title shall be applicable to offenders sentenced to community service or educational advancement pursuant to this article. Article 3 of Chapter 8 of this title shall be applicable to first offenders sentenced to community service or educational advan…
O.C.G.A. § 42-3-6 Rules and regulations
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(a) The commissioner, with the approval of the board, shall have the power to make and publish reasonable rules and regulations not inconsistent with this title or other laws or with the Constitution of this state or of the United States for the administration of this chapter or …
O.C.G.A. § 42-3-7 Policy of general assembly, §42-9-1
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Preliminary hearings. Parole or conditional release violators, §42-9-50. Prerequisites for granting relief from sentence, §42-9-42. Previously granted pardons and paroles. Effect of chapter on, §42-9-59. Procedure for granting relief from sentence, §42-9-42. Production of documen…
O.C.G.A. § 42-3-70 Operation of pretrial release and diversion programs
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DCS shall be authorized to establish and operate pretrial release and diversion programs as rehabilitative measures for persons charged with felonies for which bond is permissible under the law in the courts of this state prior to conviction; provided, however, that no such progr…
O.C.G.A. § 42-3-71 Diversion centers, §42-3-90
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Establishment and operation, §42-3-70. Pretrial intervention programs, §42-3-73. Probation management act.
O.C.G.A. § 42-3-72 Contracts with counties for services and facilities
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DCS may contract with the various counties of this state for the services and facilities necessary to operate pretrial release and diversion programs established under this article, and both DCS and the 195 42-3-90 counties are authorized to enter into such contracts as are appro…
O.C.G.A. § 42-3-73 Rules and regulations, §42-3-70
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DONATIONS. Nuisances. Unfit buildings or structures. Powers of counties and municipalities to repair, close or demolish. Authority to use revenues, grants and donations, §41-2-15. DRIVERS’ LICENSES. Driving without license. Foreign national charged with offense confined in jail. La…
O.C.G.A. § 42-3-74 Drugs
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Possession by jail inmates, §42-4-13. Visitors possessing, §42-4-13. Duties of sheriffs as to jail inmates, §42-4-4. Educational programs for county prisoners, §42-1-9. Emergencies. Emergency health care for detainees, §42-4-15. Overcrowding creating state of emergency. Paroling …
O.C.G.A. § 42-3-8 Employee benefit fund
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(a) As used in this Code section, the term: (1) “Employee” means a full-time or part-time employee of DCS or an employee serving under contract with DCS. (2) “Employee benefit fund” means an account containing the facility’s profits generated from vending services maintained by a l…
O.C.G.A. § 42-3-9 Drug crime
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Unfit buildings or structures. Power of counties and municipalities to repair, close or demolish, §41-2-8. 18 INDEX DEFINED TERMS —Cont’d Drug related charges. Nuisances, substantial drug related activity upon real property, §41-3-1.1. Dwellings, buildings or structures.
O.C.G.A. § 42-3-90 Probation
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Condition of probation, §42-8-35. COCAINE. Overcrowding of prison system. Dangerous offenders defined, §42-9-60. COINS. Prisoners possessing. Forfeiture of contraband, §42-5-62. COMMON JAILS. Tubercular inmates. Confinement and care of, §42-4-6. COMMUNICABLE DISEASES. Prisons and p…