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Georgia Statutes, Title 42

Georgia/Statutes

← All Georgia coverage

Title 42

13 chapters · 345 sections in this title.

All chapters in Title 42345 Ch 8, PROBATION71 Ch 5, CORRECTIONAL INSTITUTIONS OF STATE A…68 Ch 9, PARDONS AND PAROLES54 Ch 4, JAILS39 Ch 3, COMMUNITY SUPERVISION AND TRANSITION31 Ch 1, GENERAL PROVISIONS23 Ch 2, BOARD AND DEPARTMENT OF CORRECTIONS17 Ch 6, DETAINERS12 Ch 12, PRISON LITIGATION REFORM11 Ch 7, TREATMENT OF YOUTHFUL OFFENDERS9 Ch 10, CORRECTIONAL INDUSTRIES5 Ch 11, INTERSTATE CORRECTIONS COMPACT3 Ch 13, INTERNATIONAL TRANSFER OF PRISONERS2

31 sections·Filtered byTitle 42✕Ch 3✕

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. § 42-3-2 Board of Community Supervision created; membership; creation of Program and Treatment Completion Certiﬁcate; adoption of rules and regulations; duties
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(a) There is created the Board of Community Supervision which shall establish the general policy to be followed by the Department of Community Supervision. The powers, functions, and duties of the Board of Corrections as they exist on June 30, 2015, with regard to the probation d…
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. Subject to the policies, rules, and regulations established by the board, the commissioner shall supervise, direct, account for, organize, plan, ad…

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. § 42-3-6 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 Transfer of prior appropriations, personnel, equipment, and facilities; probation and parole not affected by creation of department

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(a) Appropriations to the Department of Corrections, the Department of Juvenile Justice, the County and Municipal Probation Advisory Council, the State Board of Pardons and Paroles, and the Governor’s Office of Transition, Support, and Reentry for functions transferred to DCS pur…

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 Retention of issued weapon and badge; survivor’s rights to badge

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(a) An employee leaving the service of DCS under honorable conditions who has accumulated 20 or more years of service with DCS as a community supervision officer, or 20 or more years of combined service as a parole officer with the State Board of Pardons and Paroles, a probation …

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 Community service or educational advancement program; letter of application; requirements; limitation of liability

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(a) Agencies desiring to allow offenders to participate in their program shall ﬁle with the court a letter of application showing: (1) Eligibility; (2) Number of offenders who may be placed with the agency; (3) Work to be performed by the offender; and (4) Provisions for supervis…

O.C.G.A. § 42-3-52 Community service or educational advancement as condition of probation

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(a) Community service or educational advancement may be considered as a condition of probation or in lieu of court imposed ﬁnancial obligations with primary consideration given to the following categories of offenders: (1) Traffic violations; (2) Ordinance violations; (3) Noninju…

O.C.G.A. § 42-3-53 Placement with appropriate agency; approval by court; report of offender’s performance

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The community service officer shall place an offender sentenced to community service or educational advancement with an appropriate agency. The agency and work schedule shall be approved by the court. If the offender is employed at the time of sentencing or if the offender become…

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. § 42-3-70 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 Discretionary release upon application by person charged with felony

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The court in which a person is charged with a felony for which bond is permissible under the law may, upon the application by the person so charged, at its discretion release the person prior to conviction and upon recognizance to the supervision of a pretrial release or diversio…

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 counties are authorized to enter into such contracts as are appropriate to ca…

O.C.G.A. § 42-3-74 Judicial approval for pretrial release and diversion program required

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No person shall be released on an unsecured judicial release as provided for in Code Section 17-6-12 or approved for a pretrial release and diversion program without ﬁrst having the approval in writing of the judge of the court having jurisdiction of the case. History. Code 1981,…

O.C.G.A. § 42-3-90 Establishment of diversion center; authorization for travel to and from employment; requirements during conﬁnement at diversion center

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A county shall be authorized to establish a diversion center under the direction of the sheriff of the county in which the diversion center is located and a diversion program for the conﬁnement of certain individuals who have been found in contempt of court for violation of order…

O.C.G.A. § 42-3-110 Short title

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This article shall be known and may be cited as the “Probation Management Act.” History. Code 1981, § 42-3-110, enacted by Ga. L. 2015, p. 422, § 1-1/HB 310.

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. § 42-3-115 Authorization to impose administrative sanctions; petition; hearing; administrative proceeding

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(a) If an options system probationer violates the conditions of probation, DCS may impose administrative sanctions as an alternative to judicial modiﬁcation or revocation of probation. (b) Upon issuance of a petition outlining the alleged probation violations, the chief community…

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 Article not construed as repealing any court’s probationary or supervisory power

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Nothing contained in this article shall be construed as repealing any power given to any court of this state to place offenders on probation or to provide conditions of supervision for offenders. History. Code 1981, § 42-3-117, enacted by Ga. L. 2015, p. 422, § 1-1/HB 310.

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.

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. CHAPTER 4 JAILS Sec.

O.C.G.A. § 42-3-73 Operation of pretrial release and diversion programs

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Discretionary release upon application by person charged with felony. Contracts with counties for services and facilities. Authority to establish and operate pretrial release diversion programs does not affect contracting authority of Georgia Department of Labor. Judicial approva…