Title 42 — Title 42
0 chapters · 302 sections in this title.
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…
O.C.G.A. § 42-8-39 Termination of period of probation
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Effect, §42-8-37. Qualified offenses. Conditions for termination, §42-8-37. Terms of probation, §42-8-35. Special alternative incarceration-probation boot camp, §42-8-35.1. Special terms, §42-8-35.2. Tolling of running of probated sentence. Failure to keep officer informed of cert…
O.C.G.A. § 42-8-40 Reports, files, records, etc
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of system. Exemption from subpoena, §42-8-40. Substance abuse. Drug and alcohol screening of probationers, §42-8-35.7. Residential or nonresidential program, completion as a condition of probation, §42-8-35. Supervision of probationers. Administration by community supervision dep…
O.C.G.A. § 42-8-43 Telecommunications devices
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Prisoners. Possession, §42-5-18. Work-release programs for county prisoners, §42-1-9. Youthful offenders. General provisions, §§42-7-1 to 42-7-9. D DAGGERS. Possession or carrying by prisoners, §42-5-63. Unauthorized possession by prison inmate, §42-5-63. DAMAGES. Nuisances. Publ…
O.C.G.A. § 42-8-44 Redesignated
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Sec. 42-8-66. Participation of Probationers in Community Service Programs 42-8-70 through 42-8-74. [Reserved]. Article 5 Pretrial Release and Diversion Programs 42-8-80 through 42-8-84. [Reserved]. Article 6 County and Municipal Probation 42-8-100. 42-8-101. 42-8-102. First Offen…
O.C.G.A. § 42-8-60 Editor’s notes
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— Ga. L. 1991, p. 310, § 2, not codified by the General Assembly, provides that the 1991 amendments to this Code section, effective July 1, 1991, are applicable to sentences of probation entered prior to, on, or after July 1, 1991. Ga. L. 1993, p. 1654, § 7, not codified by the Gen…
O.C.G.A. § 42-8-62 Duty of clerk to transfer information
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When an individual is placed on probation or in confinement under this article, within 30 days of the filing of such sentence, the clerk of court shall transmit a record of the first offender sentence to the Georgia Crime Information Center. The clerk shall also transmit any subsequ…
O.C.G.A. § 42-8-62.1 Limiting public access to first offender status; petitioning; sealing record
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(a) As used in this Code section, the term: (1) “Criminal history record information” shall have the same meaning as set forth in Code Section 35-3-30. (2) “Prosecuting attorney” shall have the same meaning as set forth in Code Section 35-3-37. (3) “Restrict,” “restricted,” or “r…
O.C.G.A. § 42-8-63 Mattox v
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Yellow Freight Sys., Inc., 243 Ga. App. 894, 534 S.E.2d 561 (2000). Age discrimination. — At-will employee may not sue in tort under O.C.G.A. § 51-1-6 or O.C.G.A. § 51-1-8 for wrongful discharge based upon age discrimination. Reilly v. Alcan Aluminum Corp., 272 Ga. 279, 528 S.E.2…
O.C.G.A. § 42-8-63.1 Law reviews
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— For article on the 2016 amendment of this Code section, see 33 Georgia St. U. L. Rev. 139 (2016). For note on the 2003 enactment of this Code section, see 20 Ga. St. U. L. Rev. 179 (2003). 35-3-34.2. Exchange of national criminal history background checks on providers of care t…
O.C.G.A. § 42-8-64 Appeal of sentence imposed under article
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A defendant sentenced pursuant to this article shall have the right to appeal in the same manner and with the same scope and same effect as if a judgment of conviction had been entered and appealed from. History. Ga. L. 1968, p. 324, § 5; Ga. L. 2016, p. 443, § 6A-1/SB 367.
O.C.G.A. § 42-8-66 Prior to adjudication of guilt, §42-8-60
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Clerk to transmit information to crime information center, §42-8-62. Records modified to reflect conviction in lieu of treatment as first offender, §42-8-65. Report showing person afforded first offender treatment on more than one occasion, §42-8-65. Restricted access to first offende…
O.C.G.A. § 42-9-1 Declaration of legislative policy
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In recognition of the doctrine contained in the Constitution of this state requiring the three branches of government to be separate, it is declared to be the policy of the General Assembly that the duties, powers, and functions of the State Board of Pardons and Paroles are execu…
O.C.G.A. § 42-9-10 Legal adviser of board
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The Attorney General shall be the legal adviser of the board. History. Ga. L. 1943, p. 185, § 7. 42-9-11. Office quarters for board; supplies and equipment.
O.C.G.A. § 42-9-11 Office quarters for board; supplies and equipment
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The board shall have office quarters in the state capital. Supplies, stationery, and equipment shall be provided for the board in the same manner as they are provided for other departments, boards, commissions, bureaus, or offices of the state. History. Ga. L. 1943, p. 185, § 8. …
O.C.G.A. § 42-9-12 Sex offender registration, §42-1-12
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Sexual offender risk review board, §42-1-13. State board of pardons and paroles.
O.C.G.A. § 42-9-13 Reinstatement of incapacitated member upon recovery
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(a) Whenever the Governor has personal knowledge or receives information deemed by him to be reliable that a member of the board who has been determined to be incapacitated to perform the duties of 557 42-9-14 his office has overcome his incapacity, that his incapacity has been r…
O.C.G.A. § 42-9-14 Attorneys at law
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State board of pardons and paroles. Persons permitted to appear or practice before board for remuneration, §42-9-16. Automatic initial consideration. Cases in which inmate fails to serve time required for, §42-9-46. Board of pardons and paroles. Appearances or practice before boa…
O.C.G.A. § 42-9-15 Conflicts of interest by members or employees of board
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(a) Except as provided in subsections (b) and (c) of this Code section, no member of the board or full-time employee thereof, during his or her service upon or under the board, shall engage in any other business or profession or hold any other public office which business, profes…
O.C.G.A. § 42-9-18 Eligibility rules, §42-9-45
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Employees, §42-9-9. Conferring powers of law enforcement officers by board, §42-9-9.1. Expenses, §42-9-5.
O.C.G.A. § 42-9-19 Annual report of board
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On or before January 1 of each year, the board shall make a written report of its activities, copies of which shall be sent to the Governor, the Attorney General, each body of the General Assembly, and to such other officers and persons as the board may deem advisable. One copy o…
O.C.G.A. § 42-9-2 Creation of board
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Pursuant to Article IV, Section II, Paragraph I of the Georgia Constitution, there shall be a State Board of Pardons and Paroles, which shall consist of five members appointed by the Governor, subject to confirmation of the Senate. History. Ga. L. 1943, p. 185, § 1; Ga. L. 1972, p.…
O.C.G.A. § 42-9-20 General duties of board
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(a) In all cases in which the chairperson of the board or any other member designated by the board has suspended the execution of a death sentence to enable the full board to consider and pass on same, it shall be mandatory that the board act within a period not exceeding 90 days…