Title 42 — Title 42
0 chapters · 302 sections in this title.
O.C.G.A. § 42-8-100 Definitions
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As used in this article, the term: (1) “Board” means the Board of Community Supervision. (2) “DCS” means the Department of Community Supervision. (3) “Private probation officer” means an individual employed by a 505 42-8-101 private corporation, private enterprise, private agency…
O.C.G.A. § 42-8-102 JUVENILE JUSTICE
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Board of juvenile justice. Transfer of functions to the community supervision board, §42-3-2. Commissioner of juvenile justice. Prisons and prisoners. Transfer of juvenile to penal institution. Conditions for acceptance of transfer, §42-5-52. Department of juvenile justice. Chart…
O.C.G.A. § 42-8-103 Pay-only probation; discharge or termination of probation
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(a) As used in this Code section, the term “pay-only probation” means a defendant has been placed under probation supervision solely because such defendant is unable to pay the court imposed fines and statutory surcharges when such defendant’s sentence is imposed. Such term shall …
O.C.G.A. § 42-8-103.1 Serving consecutive misdemeanor sentences
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(a) When a defendant is serving consecutive misdemeanor sentences, whether as a result of one case from one jurisdiction or multiple cases from multiple jurisdictions, upon motion by the defendant, the court may discharge such defendant from further supervision or otherwise termi…
O.C.G.A. § 42-8-104 Terms and conditions of probation
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(a) A court which utilizes the services of a probation officer or private probation officer shall determine the terms and conditions of probation under this article and may provide such terms and conditions of probation as the court deems appropriate, including, but not limited t…
O.C.G.A. § 42-8-106 Advisory committee created; membership
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There is created a judicial advisory committee 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 …
O.C.G.A. § 42-8-106.1 Powers and duties of Board of Community Supervision
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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 seek input from the commissioner of community supervision: (1) To promulgate rules and regulations…
O.C.G.A. § 42-8-107 Administrative rules and regulations
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Misdemeanor Probation Oversight Unit, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Department of Community Supervision, Rule 105-2-.01 et seq.
O.C.G.A. § 42-8-108 Administrative rules and regulations
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Misdemeanor Probation Oversight Unit, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Department of Community Supervision, Rule 105-2-.01 et seq.
O.C.G.A. § 42-8-109 Private entities conflicts of interest prohibited
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(a) No private corporation, private enterprise, or private agency contracting to provide probation services under the provisions of this article nor any employees of such entities shall engage in any other employment, business, or activity which interferes or conflicts with the du…
O.C.G.A. § 42-8-109.1 Consecutive misdemeanor sentences
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Review of case for possibility of early termination, §42-8-103.1. PROBATION —Cont’d Agreements for probation services —Cont’d Costs. Pay-only probation, §42-8-103. Definitions, §42-8-100. Duties of probationer. Keeping officer informed of certain information, §42-8-105. Employment…
O.C.G.A. § 42-8-109.2 Confidentiality of records
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(a) Except as provided in subsection (a) of Code Section 42-8-108 and subsection (b) of this Code section, all reports, files, records, and papers of whatever kind relative to the supervision of probationers by a private corporation, private enterprise, or private agency contracti…
O.C.G.A. § 42-8-109.3 Registration with board
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(a)(1) All private corporations, private enterprises, and private agencies contracting or offering to contract for probation services shall register with DCS before entering into any contract to provide services. Any private corporation, private enterprise, or private agency regi…
O.C.G.A. § 42-8-109.4 Authorized, §42-8-101
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Community service. Conversion of fines, surcharges, and supervision fees to community service, §42-8-102. Community supervision board. Judicial advisory committee, consultation, §42-8-106. Powers and duties, generally, §42-8-106.1. Community supervision department.
O.C.G.A. § 42-8-109.5 Discharge, §42-8-26
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Disposition of documents upon committing of convicting person to institution, §42-8-29.1. Duties, §§42-8-27, 42-8-29. Employment and assignment to circuits, §42-8-25. Expenses, §42-8-26. Presentence investigation, §42-8-29. Qualifications, §42-8-26. Reassignment, §42-8-26. Records…
O.C.G.A. § 42-8-110 Jails
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General provisions, §§42-4-1 to 42-4-33. Noise control, noise pollution or noise abatement. Sport shooting ranges, §41-1-9. Nuisances. Abatement. Authorization and procedure for abatement in cities, §41-2-5. MUNICIPAL CORPORATIONS —Cont’d Nuisances —Cont’d Sport shooting ranges, …
O.C.G.A. § 42-8-110.1 Ignition interlock device limited driving permit; restrictions
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(a)(1) Any person issued an ignition interlock device limited driving permit under paragraph (1) of subsection (a) of Code Section 40-564.1 shall, upon issuance thereof and within no less than ten days of such issuance, have installed and shall maintain in any motor vehicle to be…
O.C.G.A. § 42-8-111 Certification of devices, §42-8-115
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Circumventing operation of device, §42-8-118. Contracts with private entity to operate provider center or lease devices. Provision to allow indigent to participate in program, §42-8-110. Court-ordered installation, §42-8-111. Proof of compliance, §42-8-112. Defined, §42-8-110. Dri…
O.C.G.A. § 42-8-113 Exceptions, §42-8-114
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Reporting requirements, §42-8-112. Revocation of driving privileges. Reporting to service center. Failure to report or receiving unsatisfactory report, §42-8-112. Violation of probation, §42-8-117. Rules and regulations for certification, §42-8-115. Security deposit for safe retur…
O.C.G.A. § 42-8-114 Specifying provider for ignition interlock device
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(a) No judicial officer, community supervision officer, law enforcement officer, or other officer or employee of a court; person who owns, operates, or is employed by a private company which has contracted to provide private probation services for misdemeanor cases; or profession…
O.C.G.A. § 42-8-115 Certification of ignition interlock devices
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(a) The commissioner of driver services or the commissioner’s designee shall certify ignition interlock devices required by this article and the providers of such devices and shall promulgate rules and regulations for the certification of said devices and providers. The standards …
O.C.G.A. § 42-8-116 Warning labels
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The providers certified by the Department of Driver Services shall design and adopt pursuant to regulations of such department a warning label which shall be affixed to each ignition interlock device upon installation. The label shall contain a warning that any person tampering, c…
O.C.G.A. § 42-8-116.1 Effect of failing to comply; previously installed devices
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Any other or former provision of this article notwithstanding: (1) The failure to install an ignition interlock device pursuant to 543 42-8-116.1 PENAL INSTITUTIONS 42-8-117 an order of probation granted on or after May 1, 1999, but prior to May 1, 2000, shall not be ground for s…
O.C.G.A. § 42-8-118 Tampering with device, §42-8-118
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Violation of probation, §42-8-117. Warning labels, §42-8-116. ILLEGAL ALIENS. Jails, person confined in jail. Determination of nationality and status as to whether lawfully in country, §42-4-14. IMMEDIATE PRECURSOR. Drug schedules. Controlled substance defined, §42-4-13. IMMUNITY. …
O.C.G.A. § 42-8-20 Short title
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This article shall be known and may be cited as the “State-wide Probation Act.” History. Ga. L. 1956, p. 27, § 1; Ga. L. 2015, p. 422, § 4-1/HB 310.
O.C.G.A. § 42-8-21 Definitions
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As used in this article, the term: (1) “DCS” means the Department of Community Supervision. (2) “Officer” means a community supervision officer as defined in Code Section 42-3-1. (3) “Qualified offense” means a felony offense of: (A) Burglary in the second degree in violation of Co…
O.C.G.A. § 42-8-23 Hearings
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Determination of question of probation, §42-8-34. 80 INDEX PROBATION —Cont’d Hearings —Cont’d First offenders. Petition for exoneration of guilt and discharge, failure to inform of eligibility, §42-8-66. Options system probationers. Arrest of probation for alleged probation viola…
O.C.G.A. § 42-8-24 General duties of DCS; rules and regulations
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(a) As used in this Code section, the term “split sentence” means any felony sentence that includes a term of imprisonment followed by a term of probation. (b) It shall be the duty of DCS to supervise and direct the work of the officers provided for in Code Section 42-8-25 and to…
O.C.G.A. § 42-8-26 AUTHORITIES
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Jails. Regional jail authorities, §§42-4-90 to 42-4-105. Regional jail authorities, §§42-4-90 to 42-4-105. BOOT CAMP.
O.C.G.A. § 42-8-27 Duties of officers
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An officer shall supervise and counsel probationers and parolees in the judicial circuit to which he or she is assigned. Each officer shall perform the duties prescribed in this chapter and other duties as are prescribed by DCS and shall make and keep any records and files and mak…
O.C.G.A. § 42-8-28 Assignment of officers among judicial circuits generally
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Officers shall be assigned among the respective judicial circuits based 380 42-8-29 generally on the relative number of persons on probation and parole in each circuit. History. Ga. L. 1972, p. 604, § 15A; Ga. L. 2015, p. 422, § 4-1/HB 310. Editor’s notes. Ga. L. 2015, p. 422, § …
O.C.G.A. § 42-8-29 First offenders
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Person afforded first offender treatment on more than one occasion, §42-8-65. Review of cases of persons receiving probated sentence, §42-8-37. REPRIEVES. State board of pardons and paroles. Medical reprieves, §42-9-43. Power to grant, §42-9-20. REPUDIATION. Nuisance abatement. Pr…
O.C.G.A. § 42-8-29.1 Disposition of officer’s records; confidentiality
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(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 psychological evaluation compiled by an officer shall be forwarded to any division or office designated by the com…
O.C.G.A. § 42-8-30 MAIL
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Community supervision board. Appeal of sanctions imposed by board, §42-3-10. MALFEASANCE.
O.C.G.A. § 42-8-30.1 Redesignated
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Editor’s notes. Ga. L. 2015, p. 422, § 4-1/HB 310, effective July 1, 2015, redesignated former Code Section 42-8-30.1 as present Code Section 42-8-30. 42-8-31. Collection and disbursement of funds by officers; recordkeeping; bank accounts. No officer shall collect or disburse any…
O.C.G.A. § 42-8-31 Confidentiality, §42-8-40
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First offenders. Modification to reflect conviction in lieu of treatment as first offender, §42-8-65. Maintenance of records relating to probationers, §42-8-29. Separate files and records kept for systems, §42-8-22. Refunds to probationers. Overpayment of fines, restitutions or other …
O.C.G.A. § 42-8-32 Funds which may be collected by officers
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No officer shall be directed to collect any funds other than funds directed to be paid as the result of a criminal proceeding. History. Ga. L. 1956, p. 27, § 14; Ga. L. 1958, p. 15, § 10; Ga. L. 1960, p. 1148, § 3; Ga. L. 1972, p. 604, § 10; Ga. L. 1989, p. 380, § 3; Ga. L. 2015,…
O.C.G.A. § 42-8-33 Short title
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Definitions. State-wide probation system for felony offenders created; administration generally. Administration of supervision of felony probationers by DCS; graduated sanctions. General duties of DCS; rules and regulations. Employment of community service officers; assignment to …
O.C.G.A. § 42-8-34 Sexually dangerous predator
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Child care facilities, churches, schools, areas where minors congregate. Residing, working or loitering within certain distance, restrictions, §42-1-15. Classification as.
O.C.G.A. § 42-8-34.1 Discharge of defendant
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First offenders. Discharge without adjudication of guilt. Disqualification for specified employment, §42-8-63.1. Effect on eligibility for employment or appointment to office, §42-8-63. PROBATION —Cont’d Disposition of defendant prior to hearing, §42-8-34. Diversion programs. Pretr…
O.C.G.A. § 42-8-34.2 Code Commission notes
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— Pursuant to Code Section 28-9-5, in 2008, ‘‘canceled’’ was substituted for ‘‘cancelled’’ throughout subsection (o). Pursuant to Code Section 28-9-5, in 2019, a comma was inserted following “45-17-4” in subsection (c). Editor’s notes. — Ga. L. 1995, p. 260, § 6, not codified by t…
O.C.G.A. § 42-8-35 Terms and conditions of probation; supervision
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(a) The court shall determine the terms and conditions of probation and may provide that the probationer shall: (1) Avoid injurious and vicious habits; (2) Avoid persons or places of disreputable or harmful character; (3) Report to the officer as directed; (4) Permit the officer …
O.C.G.A. § 42-8-35.1 Probation boot camp unit as special alternative incarceration
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(a) Notwithstanding any other terms or conditions of probation which may be imposed, a court may provide that probationers sentenced for felony offenses to a period of time of not less than one year on probation as a condition of probation shall satisfactorily complete a program …
O.C.G.A. § 42-8-35.2 Benton v
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State, 356 Ga. App. 441, 847 S.E.2d 625, 2020 Ga. App. LEXIS 460 (2020), cert. denied, No. S21C0110, 2021 Ga. LEXIS 253 (Ga. Apr. 5, 2021). Authority to resentence defendant. — Because the trial court was correct that the court had imposed a sentence not allowed, the sentence was…
O.C.G.A. § 42-8-35.3 Treatment facilities
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Probationers, first offenders. Disqualification for specified employment, §42-8-63.1. Prisons and prisoners. Habilitative programs for county prisoners. Mental health programs, §42-1-9. Home arrest program. Mental health programs, §42-1-8. Mentally diseased inmates. Separation and c…
O.C.G.A. § 42-8-35.4 Confinement in probation detention center
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(a) Notwithstanding any other terms and conditions of probation which may be imposed, a court may require that a defendant convicted of a felony and sentenced to a period of not less than one year on probation or a defendant who has been previously sentenced to probation for a fo…
O.C.G.A. § 42-8-35.6 Editor’s notes
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Ga. L. 2002, p. 1435, § 1, not codified by 19-13-11 the General Assembly, provides that: “This Act shall be known and may be cited as the ‘Georgia’s Family Violence Intervention Program Certification Act.’” 19-13-10. Definitions.
O.C.G.A. § 42-8-35.7 Appeals
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First offenders. Appeal of sentence imposed under article, §42-8-64. Graduated sanctions, imposition, failure to comply, §42-8-23. Options system probationers. Appeal in sentencing court. Review of decision concerning violation, §42-3-116. Arrest. Probationers violating terms of …
O.C.G.A. § 42-8-36 CRIMES AND OFFENSES
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Community service. Use of offender for personal gain prohibited, §42-3-50. CRIME VICTIMS’ BILL OF RIGHTS. Release, notice to victim, §42-1-11. CRIMINAL LAW AND PROCEDURE. Aircraft. Drones. Prisons, use of unmanned aircraft to deliver contraband or photograph place of incarceratio…
O.C.G.A. § 42-8-38 Rules and regulations, §42-8-24
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Community supervision board, §42-8-106.1. Promulgation by community supervision board, §42-8-24. Sentencing options system. Probation management act, §§42-3-110 to 42-3-119. Sexual offenders. Conditions for probationers convicted of dangerous sexual offenses, §42-8-35. 83 INDEX P…