10 LC
29 4100S
The
House Committee on State Institutions & Property offers the following
substitute to HB 1030:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend various titles of the Official Code of Georgia Annotated, so as to
establish a state supervision division of the Department of Corrections which
will be responsible for supervising probationers, parolees, and persons
conditionally released; to provide for a director of the division; to reassign
various functions from the State Board of Pardons and Paroles to the new
division; to provide for transition to the new division; to reorganize probation
officers and parole officers into state supervision officers; to provide for
definitions; to enlarge the Board of Corrections to include the chairman of the
State Board of Pardons and Paroles; to change provisions in the "State-wide
Probation Act" and provisions regarding the State Board of Pardons and Paroles;
to provide for conformity; to amend the Official Code of Georgia Annotated for
purposes of conformity and to correct cross-references; to provide for related
matters; to provide for an effective date; to repeal conflicting laws; and for
other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART
I
STATE SUPERVISION
SECTION 1-1.
STATE SUPERVISION
SECTION 1-1.
Title
42 of the Official Code of Georgia Annotated, relating to penal institutions, is
amended by adding a new chapter to read as follows:
"CHAPTER
9A
ARTICLE 1
ARTICLE 1
42-9A-1.
As
used in this chapter, the term:
(1)
'Board' means the State Board of Pardons and Paroles.
(2)
'Department' means the Department of Corrections.
(3)
'Director' means the director of state supervision.
(4)
'Division' means the Division of State Supervision of the
department.
(5)
'State supervision officer' or 'officer' means an individual who supervises
persons serving probated sentences under the department or persons released on
parole or conditional release by the board or who provides both types of
supervision.
42-9A-2.
(a)
There is created the position of director of state supervision. The director
shall be nominated and removed by the Governor, provided that such nomination
and removal are ratified by the Board of Corrections. The director shall be a
deputy commissioner in the department and shall report to the
commissioner.
(b)
The director shall be the chief administrative officer of the division and,
subject to policies set by the department, shall supervise, direct, account for,
organize, plan, administer, and execute the duties vested with the division in
this chapter and Chapters 8 and 9 of this title.
(c)
It shall be the duty of the Board of Corrections to promulgate rules and
regulations necessary to effectuate the purposes of this chapter.
42-9A-3.
(a)
It shall be the duty of the director to supervise and direct the work of state
supervision officers. The department shall keep accurate files and records on
all probation, parole, and conditional release cases and persons on probation,
parole, and conditional release.
(b)
All reports, files, records, and papers of whatever kind relative to the
state-wide probation system and persons released on parole or conditional
release are declared to be confidential.
(c)
Probation records shall be available only to probation system officials and to
the judge handling a probation case and shall not be available to any other
person, institution, or agency without the express written consent of the
probation or parole unit which originated or accumulated such documents. Such
records shall not be subject to process of subpoena. However, the commissioner
of the department may by written order declassify any such records.
(d)
Parole supervision records shall be available only to the officials handling a
parole case and shall not be available to any other person, institution, or
agency without the express written consent of the board. Such records shall not
be subject to process of subpoena. However, the board may by written order
declassify any such records. The board's clemency records shall be subject to
Code Section 42-9-53 and shall not be governed by the provisions of this Code
section.
42-9A-4.
(a)
The department shall employ state supervision officers and their compensation
shall be set by the State Personnel Board and the State Personnel
Administration. State supervision officers shall be allowed travel and other
expenses as are other state employees.
(b)(1)
Except as provided in subsections (c) and (d) of this Code section, no state
supervision officer, during his or her employment as such, shall engage in any
other business or profession or hold any other public office which business,
profession, or office conflicts with his or her official duties as a state
supervision officer; nor shall he or she serve as a representative of any
political party or any executive committee or other governing body thereof or as
an executive officer or employee of any political committee, organization, or
association; nor shall he or she be engaged on the behalf of any candidate for
public office in the solicitation of votes or otherwise become a candidate for
public office, without resigning from the division or from employment by the
division.
(2)
No state supervision officer shall own, operate, have any financial interest in,
be an instructor at, or be employed by any private entity which provides drug or
alcohol education services or offers a DUI Alcohol or Drug Use Risk Reduction
Program certified by the Department of Driver Services.
(3)
No state supervision officer shall specify, directly or indirectly, a particular
DUI Alcohol or Drug Use Risk Reduction Program which a probationer may or shall
attend. This paragraph shall not prohibit any state supervision officer from
furnishing any probationer, upon request, the names of certified DUI Alcohol or
Drug Use Risk Reduction Programs. Any state supervision officer violating this
paragraph shall be guilty of a misdemeanor.
(c)
Except as provided by subsection (d) of this Code section, a state supervision
officer shall not be required to resign from employment by the division if he or
she becomes a candidate for a public office of a county, school district, or
municipality which does not require full-time service or accepts appointment to
such an office.
(d)
A state supervision officer shall be required to resign from employment by the
division if he or she becomes a candidate for the General Assembly or becomes a
candidate for or accepts appointment to a public office which requires full-time
service.
42-9A-5.
(a)
In order for a person to be a state supervision officer, he or she shall be at
least 21 years of age at the time of appointment and have completed a standard
two-year college course. The qualifications provided in this Code section shall
be the minimum qualifications and the department is authorized to prescribe such
additional and higher educational qualifications from time to time as it deems
desirable, but not to exceed a four-year standard college course.
(b)
Each state supervision officer shall give bond in such amount as may be fixed by
the department payable to the department for the use of the person or persons
damaged by his or her misfeasance or malfeasance and conditioned on the faithful
performance of his or her duties. The cost of the bond shall be paid by the
department; provided, however, that the bond may be procured, either by the
department or by the Department of Administrative Services, under a master
policy or on a group blanket coverage basis, where only the number of positions
in each judicial circuit and the amount of coverage for each position are listed
in a schedule attached to the bond; and in such case each individual shall be
fully bonded and bound as principal, together with the surety, by virtue of his
or her holding the position or performing the duties of state supervision
officer in the circuit or circuits, and his or her individual signature shall
not be necessary for such bond to be valid in accordance with all the laws of
this state. The bond or bonds shall be made payable to the
department.
42-9A-6.
(a)
A state supervision officer leaving the service of the division under honorable
conditions who has accumulated 20 or more years of service with the division or
its predecessor department or agency, as applicable, as a state supervision
officer shall be entitled as part of such employee's compensation to retain his
or her division issued badge. A state supervision officer employed with the
division who is killed in the line of duty shall be entitled to have his or her
division issued badge given to a surviving family member. Where a state
supervision officer leaves the service of the division due to a disability that
arose in the line of duty and such disability prevents the state supervision
officer from further serving as a peace officer, then such disabled state
supervision officer shall be entitled to retain his or her division issued badge
regardless of the state supervision officer's number of years of service with
the division or its predecessor department or agency, as applicable. The
department shall be authorized to promulgate rules and regulations for the
implementation of this Code section.
(b)
Any certified parole officer who was entitled to keep his or her badge under the
former provisions of subsection (b) of Code Section 42-9-9 shall be entitled to
keep his or her badge if he or she meets the requirements of such former Code
section and was employed by the board on June 30, 2010.
42-9A-7.
(a)
No state supervision officer shall collect or disburse any funds whatsoever,
except by written order of the court or the board. It shall be the duty of such
state supervision officer to transmit a copy of such order to the department not
later than 15 days after it has been issued by the court or the board. No state
supervision officer shall be directed to collect any funds other than funds
directed to be paid as the result of a criminal proceeding or as ordered by the
board. Every state supervision officer who collects or disburses any funds
whatsoever shall faithfully keep the records of accounts as are required by the
department, which records shall be subject to inspection by the department or
the board at any time. In every instance where a bank account is required, it
shall be kept in the name of the 'State Probation Office' or 'State Parole
Office,' as applicable.
(b)
State supervision officers shall aid parolees and probationers in securing
employment.
42-9A-8.
(a)
The department shall make periodic audits of each state supervision officer who,
by virtue of his or her duties, has any moneys, fines, court costs, property, or
other funds coming into his or her control or possession or being disbursed by
him or her. The department shall keep a permanent record of the audit of each
state supervision officer's accounts on file. It shall be the duty of the
employee of the department conducting the audit to notify the department and the
board in writing of any discrepancy of an illegal nature that might result in
prosecution. The department shall have the right to interview and make inquiry
of certain selected payors or recipients of funds, as it may choose, without
notifying the state supervision officer, to carry out the purposes of the audit.
The employee who conducts the audit shall be required to give bond in such
amount as may be set by the department, in the same manner and for the same
purposes as provided under Code Section 42-9A-5 for the bonds of state
supervision officers. The bond shall bind the employee and his or her surety in
the performance of the employee's duties.
(b)
Any overpayment of fines, restitutions, or other moneys owed as a condition of
probation or parole shall not be refunded to the payor if the amount of such
overpayment is less than $5.00.
42-9A-9.
(a)
On July 1, 2010, the department shall receive custody of the state owned real
property in the custody of the board on June 30, 2010, which pertains to the
functions transferred to the department relative to parole
supervision.
(b)
The rights, privileges, entitlements, and duties of parties to contracts,
leases, agreements, and other transactions entered into before July 1, 2010, by
the board which relate to the supervisory functions transferred to the
department shall continue to exist; and none of these rights, privileges,
entitlements, and duties is impaired or diminished by reason of the transfer of
the functions to the department. In all such instances, the department shall be
substituted for the board, and the department shall succeed to the rights and
duties under such contracts, leases, agreements, and other
transactions.
(c)
All persons employed by the board in capacities which relate to the supervisory
functions transferred to the department on June 30, 2010, shall, on July 1,
2010, become employees of the department in similar capacities, as determined by
the commissioner of the department. Such employees shall be subject to the
employment practices and policies of the department on and after July 1, 2010,
but the compensation and benefits of such transferred employees shall not be
reduced solely as a result of such transfer. Employees who are subject to the
rules of the State Personnel Board and thereby under the State Personnel
Administration and who are transferred to the department shall retain all
existing rights under the State Personnel Administration. Accrued leave
possessed by such employees on June 30, 2010, shall be retained by such
employees as employees of the department.
42-9A-10.
(a)
Any provisions of law to the contrary notwithstanding, any person employed by
the department as a probation officer on June 30, 2010, shall continue in such
position but shall be administratively assigned to the division to serve as a
state supervision officer; provided, however, that on July 1, 2012, such person
shall become permanently employed by the division as a state supervision
officer.
(b)
Any provisions of law to the contrary notwithstanding, any person employed by
the State Board of Pardons and Paroles as a parole officer on June 30, 2010,
shall continue in such position but shall be administratively assigned to the
division to serve as a state supervision officer; provided, however, that on
July 1, 2012, such person shall become permanently employed by the division as a
state supervision officer.
(c)
This Code section shall be automatically repealed on July 1, 2010, if an Act
becomes law on such date amending Title 47 so as to preserve the specific
retirement benefits allowed for probation officers and parole
officers.
ARTICLE
2
42-9A-20.
For
purposes of probation supervision, the department may assign one state
supervision officer to each judicial circuit in this state or, for purposes of
assignment, may consolidate two or more judicial circuits and assign one state
supervision officer thereto. In the event the department determines that more
than one state supervision officer is needed for a particular circuit,
additional state supervision officers may be assigned to the circuit. The
department shall be authorized to direct any state supervision officer to assist
any other state supervision officer wherever assigned. In the event that more
than one state supervision officer is assigned to the same office or to the same
court division within a particular judicial circuit, the department shall
designate one of the state supervision officers to be the chief state
supervision officer. State supervision officers shall be assigned among the
respective judicial circuits based generally on the relative number of persons
on probation in each circuit. State supervision officers shall supervise and
counsel probationers in the judicial circuit to which they are assigned. Each
state supervision officer shall perform the duties prescribed in this chapter
and such duties as are prescribed by the department and shall keep such records
and files and make such reports as are required of him or her.
42-9A-21.
With
respect to probation cases, it shall be the duty of a state supervision officer
to investigate all cases referred to him or her by the court and to make
findings and report thereon in writing to the court with his or her
recommendation. The superior court may require, before imposition of sentence,
a presentence investigation and written report in each felony case in which the
accused has entered a plea of guilty or nolo contendere or has been convicted.
The state supervision officer shall cause to be delivered to each probationer
under his or her supervision a certified copy of the terms of probation and any
change or modification thereof and shall cause such probationer to be instructed
regarding the same. The state supervision officer shall keep informed
concerning the conduct, habits, associates, employment, recreation, and
whereabouts of the probationer by visits, by requiring reports, or in other
ways. The state supervision officer shall make such reports in writing or
otherwise as the court may require. The state supervision officer shall use all
practicable and proper methods to aid and encourage probationers and to bring
about improvements in their conduct and condition. The state supervision
officer shall keep records on each probationer referred to him or
her.
42-9A-22.
(a)
When a convicted person is committed to an institution under the jurisdiction of
the department, any presentence investigation or psychological evaluation
compiled by a state supervision officer shall be forwarded to any office
designated by the commissioner. Accompanying this document or evaluation will
be the case history form and the criminal history sheets from the Federal Bureau
of Investigation or the Georgia Crime Information Center, if available, unless
any such information has previously been sent to the department pursuant to Code
Section 42-5-50. A copy of these same documents shall be made available to the
board. A copy of one or more of these documents, based on need, may be
forwarded to another institution to which the convicted person may be
committed.
(b)
The prison or institution receiving the documents referenced in subsection (a)
of this Code section shall maintain the confidentiality of the documents and the
information contained therein and shall not send them or release them or reveal
them to any other person, institution, or agency without the express consent of
the probation unit which originated or accumulated the documents.
42-9A-23.
In
any county where the chief judge of the superior court, state court, municipal
court, probate court, or magistrate court has provided for probation services
for such court through agreement with a private corporation, enterprise, or
agency or has established a county or municipal probation system for such court
pursuant to Code Section 42-8-100, the provisions of this chapter relating to
probation supervision services shall not apply to defendants sentenced in any
such court.
42-9A-24.
The
department may provide office space and clerical help for the division wherever
needed. The counties of this state shall cooperate in this respect and,
wherever possible, shall furnish office space if needed.
ARTICLE
3
42-9A-30.
(a)
For purposes of parole supervision, state supervision officers shall have the
function and responsibility of supervising all parolees or conditional releasees
by the board. State supervision officers shall have the responsibility of
notifying the board of any alleged violation of the conditions of parole or
conditional release and making such investigations as may be necessary with
reference to such violations. Any state supervision officer, when he or she has
reasonable ground to believe that a parolee or conditional releasee has violated
the terms or conditions of his or her parole or conditional release in a
material respect, shall notify the board or some member thereof; and proceedings
shall thereupon be had as provided in Code Sections 42-9-48, 42-9-50, and
42-9-51.
(b)
State supervision officers shall be assigned among the respective judicial
circuits based generally on the relative number of persons on parole in each
circuit.
(c)
The amount of the monthly parole supervision fee that the board may require the
payment of as a condition of parole or conditional release shall be set by rule
of the board and shall be uniform state wide. Such fees shall be collected by
the state supervision officers to be paid into the general fund of the state
treasury.
42-9A-31.
The
department shall be authorized to maintain and operate or to enter into
memoranda of agreement or other written documents evidencing contracts with
other state agencies, persons, or any other entities for transitional or
intermediate or other services or for programs deemed by the board to be
necessary for parolees or conditional releasees from imprisonment by order of
the board."
PART
II
BOARD OF CORRECTIONS
SECTION 2-1.
BOARD OF CORRECTIONS
SECTION 2-1.
Said
Title 42 is further amended by revising subsection (a) of Code Section 42-2-2,
relating to members of the Board of Corrections, as follows:
"(a)
On and
after July 1, 1983, the
The
board shall consist of one member from each congressional district in the
state, the
chairman of the State Board of Pardons and
Paroles, and five additional members from
the state at large. All
members,
except the chairman of the State Board of Pardons and
Paroles, shall be appointed by the
Governor, subject to confirmation by the Senate.
The initial
terms of members shall be as follows: two members representative of
congressional districts and one at-large member shall be appointed for a term
ending July 1, 1984; two members representative of congressional districts and
one at-large member shall be appointed for a term ending July 1, 1985; two
members representative of congressional districts and one at-large member shall
be appointed for a term ending July 1, 1986; two members representative of
congressional districts and one at-large member shall be appointed for a term
ending July 1, 1987; and two members representative of congressional districts
and one at-large member shall be appointed for a term ending July 1, 1988.
Thereafter, all
All
members appointed to the board by the Governor shall be appointed for terms of
five years and until their successors are appointed and qualified. In the event
of a vacancy during the term of any member by reason of death, resignation, or
otherwise, the appointment of a successor by the Governor shall be for the
remainder of the unexpired term of such member.
The chairman
of the State Board of Pardons and Paroles shall serve on the board during his or
her year as chairman of the State Board of Pardons and such post on the board
shall rotate as the chairman rotates serving as chairman, but such post shall
always be actively filled by the chairman of the State Board of Pardons and
Paroles."
PART
III
"STATE-WIDE PROBATION ACT"
SECTION 3-1.
"STATE-WIDE PROBATION ACT"
SECTION 3-1.
Said
Title 42 is further amended by revising Article 2 of Chapter 8, relating to
creating the state-wide probation system, as follows:
"ARTICLE
2
42-8-20.
This
article shall be known and may be cited as the 'State-wide Probation
Act.'
42-8-21.
As
used in this article, the term:
(1)
'Board' means the Board of Corrections.
(2)
'Commissioner' means the commissioner of corrections.
(3)
'Department' means the Department of Corrections.
42-8-22.
There
is created a state-wide probation system for felony offenders to be administered
by the
Division of State Supervision of the
Department of Corrections. The probation system shall not be administered as
part of the duties and activities of the State Board of Pardons and Paroles.
Separate files and records shall be kept with relation to the
state-wide
probation system.
42-8-23.
The
Division of
State Supervision of the department shall
administer the supervision of felony probationers. Nothing in this Code section
shall alter the relationship between judges and
probation
supervisors
state
supervision officers prescribed in this
article.
42-8-24.
It
shall be the duty of the department to supervise and direct the work of the
probation supervisors provided for in Code Section 42-8-25 and to keep accurate
files and records on all probation cases and persons on probation. It shall be
the duty of the board to promulgate rules and regulations necessary to
effectuate the purposes of this chapter
Reserved.
42-8-25.
The
department shall employ probation supervisors. The department may assign one
supervisor to each judicial circuit in this state or, for purposes of
assignment, may consolidate two or more judicial circuits and assign one
supervisor thereto. In the event the department determines that more than one
supervisor is needed for a particular circuit, an additional supervisor or
additional supervisors may be assigned to the circuit. The department is
authorized to direct any probation supervisor to assist any other probation
supervisor wherever assigned. In the event that more than one supervisor is
assigned to the same office or to the same division within a particular judicial
circuit, the department shall designate one of the supervisors to be in
charge
Reserved.
42-8-26.
(a)
In order for a person to hold the office of probation supervisor, he must be at
least 21 years of age at the time of appointment and must have completed a
standard two-year college course, provided that any person who is employed as a
probation supervisor on or before July 1, 1972, shall not be required to meet
the educational requirements specified in this Code section, nor shall he be
prejudiced in any way for not possessing the requirements. The qualifications
provided in this Code section are the minimum qualifications and the department
is authorized to prescribe such additional and higher educational qualifications
from time to time as it deems desirable, but not to exceed a four-year standard
college course.
(b)
The compensation of the probation supervisors shall be set by the State
Personnel Board and the State Personnel Administration. Probation supervisors
shall also be allowed travel and other expenses as are other state
employees.
(c)(1)
No supervisor shall engage in any other employment, business, or activities
which interfere or conflict with his or her duties and responsibilities as
probation supervisor.
(2)
No supervisor shall own, operate, have any financial interest in, be an
instructor at, or be employed by any private entity which provides drug or
alcohol education services or offers a DUI Alcohol or Drug Use Risk Reduction
Program certified by the Department of Driver Services.
(3)
No supervisor shall specify, directly or indirectly, a particular DUI Alcohol or
Drug Use Risk Reduction Program which a probationer may or shall attend. This
paragraph shall not prohibit any supervisor from furnishing any probationer,
upon request, the names of certified DUI Alcohol or Drug Use Risk Reduction
Programs. Any supervisor violating this paragraph shall be guilty of a
misdemeanor.
(d)
Each probation supervisor shall give bond in such amount as may be fixed by the
department payable to the department for the use of the person or persons
damaged by his misfeasance or malfeasance and conditioned on the faithful
performance of his duties. The cost of the bond shall be paid by the
department; provided, however, that the bond may be procured, either by the
department or by the Department of Administrative Services, under a master
policy or on a group blanket coverage basis, where only the number of positions
in each judicial circuit and the amount of coverage for each position are listed
in a schedule attached to the bond; and in such case each individual shall be
fully bonded and bound as principal, together with the surety, by virtue of his
holding the position or performing the duties of probation supervisor in the
circuit or circuits, and his individual signature shall not be necessary for
such bond to be valid in accordance with all the laws of this state. The bond
or bonds shall be made payable to the
department
Reserved.
42-8-27.
The
probation supervisor shall supervise and counsel probationers in the judicial
circuit to which he is assigned. Each supervisor shall perform the duties
prescribed in this chapter and such duties as are prescribed by the department
and shall keep such records and files and make such reports as are required of
him
Reserved.
42-8-28.
Probation
supervisors shall be assigned among the respective judicial circuits based
generally on the relative number of persons on probation in each
circuit
Reserved.
42-8-29.
It
shall be the duty of the probation supervisor to investigate all cases referred
to him by the court and to make his findings and report thereon in writing to
the court with his recommendation. The superior court may require, before
imposition of sentence, a presentence investigation and written report in each
felony case in which the defendant has entered a plea of guilty or nolo
contendere or has been convicted. The probation supervisor shall cause to be
delivered to each person placed on probation under his supervision a certified
copy of the terms of probation and any change or modification thereof and shall
cause the person to be instructed regarding the same. He shall keep informed
concerning the conduct, habits, associates, employment, recreation, and
whereabouts of the probationer by visits, by requiring reports, or in other
ways. He shall make such reports in writing or otherwise as the court may
require. He shall use all practicable and proper methods to aid and encourage
persons on probation and to bring about improvements in their conduct and
condition. He shall keep records on each probationer referred to
him
Reserved.
42-8-29.1.
(a)
When a convicted person is committed to an institution under the jurisdiction of
the department, any presentence or post-sentence investigation or psychological
evaluation compiled by a probation supervisor or other probation official shall
be forwarded to any division or office designated by the commissioner.
Accompanying this document or evaluation will be the case history form and the
criminal history sheets from the Federal Bureau of Investigation or the Georgia
Crime Information Center, if available, unless any such information has
previously been sent to the department pursuant to Code Section 42-5-50. A copy
of these same documents shall be made available for the State Board of Pardons
and Paroles. A copy of one or more of these documents, based on need, may be
forwarded to another institution to which the defendant may be
committed.
(b)
The prison or institution receiving these documents shall maintain the
confidentiality of the documents and the information contained therein and shall
not send them or release them or reveal them to any other person, institution,
or agency without the express consent of the probation unit which originated or
accumulated the documents.
42-8-30.
In
the counties where no juvenile probation system exists, juvenile offenders, upon
direction of the court, shall be supervised by probation supervisors. Other
than in this respect, nothing in this article shall be construed to change or
modify any law relative to probation as administered by any juvenile court in
this state
Reserved.
42-8-30.1.
In
any county where the chief judge of the superior court, state court, municipal
court, probate court, or magistrate court has provided for probation services
for such court through agreement with a private corporation, enterprise, or
agency or has established a county or municipal probation system for such court
pursuant to Code Section 42-8-100, the provisions of this article relating to
probation supervision services shall not apply to defendants sentenced in any
such court.
42-8-31.
No
probation supervisor shall collect or disburse any funds whatsoever, except by
written order of the court; and it shall be the duty of the supervisor to
transmit a copy of the order to the department not later than 15 days after it
has been issued by the court. Every supervisor who collects or disburses any
funds whatsoever shall faithfully keep the records of accounts as are required
by the department, which records shall be subject to inspection by the
department at any time. In every instance where a bank account is required, it
shall be kept in the name of the 'State Probation
Office.'
Reserved.
42-8-32.
No
probation supervisor shall be directed to collect any funds other than funds
directed to be paid as the result of a criminal
proceeding
Reserved.
42-8-33.
(a)
The department shall make periodic audits of each probation supervisor who, by
virtue of his duties, has any moneys, fines, court costs, property, or other
funds coming into his control or possession or being disbursed by him. The
department shall keep a permanent record of the audit of each probation
supervisor's accounts on file. It shall be the duty of the employee of the
department conducting the audit to notify the department in writing of any
discrepancy of an illegal nature that might result in prosecution. The
department shall have the right to interview and make inquiry of certain
selected payors or recipients of funds, as it may choose, without notifying the
probation supervisor, to carry out the purposes of the audit. The employee who
conducts the audit shall be required to give bond in such amount as may be set
by the department, in the same manner and for the same purposes as provided
under Code Section 42-8-26 for the bonds of probation supervisors. The bond
shall bind the employee and his surety in the performance of his
duties.
(b)
Any overpayment of fines, restitutions, or other moneys owed as a condition of
probation shall not be refunded to the probationer if the amount of such
overpayment is less than $5.00.
42-8-34.
(a)
Any court of this state which has original jurisdiction of criminal actions,
except juvenile courts, municipal courts, and probate courts, in which the
defendant in a criminal case has been found guilty upon verdict or plea or has
been sentenced upon a plea of nolo contendere, except for an offense punishable
by death or life imprisonment, may, at a time to be determined by the court,
hear and determine the question of the probation of such defendant.
(b)
Prior to the hearing, the court may refer the case to the
probation
supervisor
state
supervision officer of the circuit in
which the court is located for investigation and recommendation. The court,
upon such reference, shall direct the
supervisor
state
supervision officer to make an
investigation and to report to the court, in writing at a specified time, upon
the circumstances of the offense and the criminal record, social history, and
present condition of the defendant, together with the
supervisor's
state
supervision officer's recommendation; and
it shall be the duty of the
supervisor
state
supervision officer to carry out the
directive of the court.
(c)
Subject to the provisions of subsection (a) of Code Section 17-10-1 and
subsection (f) of Code Section 17-10-3, if it appears to the court upon a
hearing of the matter that the defendant is not likely to engage in a criminal
course of conduct and that the ends of justice and the welfare of society do not
require that the defendant shall presently suffer the penalty imposed by law,
the court in its discretion shall impose sentence upon the defendant but may
stay and suspend the execution of the sentence or any portion thereof or may
place him or
her on probation under the supervision and
control of the
probation
supervisor
state
supervision officer for the duration of
such probation. The period of probation or suspension shall not exceed the
maximum sentence of confinement which could be imposed on the
defendant.
(d)(1)
In every case that a court of this state or any other state sentences a
defendant to probation or any pretrial release or diversion program under the
supervision of the department, in addition to any fine or order of restitution
imposed by the court, there shall be imposed a probation fee as a condition of
probation, release, or diversion in the amount equivalent to $23.00 per each
month under supervision, and in addition, a one-time fee of $50.00 where such
defendant was convicted of any felony. The probation fee may be waived or
amended after administrative process by the department and approval of the
court, or upon determination by the court, as to the undue hardship, inability
to pay, or any other extenuating factors which prohibit collection of the fee;
provided, however, that the imposition of sanctions for failure to pay fees
shall be within the discretion of the court through judicial process or
hearings. Probation fees shall be waived on probationers incarcerated or
detained in a departmental or other confinement facility which prohibits
employment for wages. All probation fees collected by the department shall be
paid into the general fund of the state treasury, except as provided in
subsection (f) of Code Section 17-15-13, relating to sums to be paid into the
Georgia Crime Victims Emergency Fund. Any fees collected by the court under
this paragraph shall be remitted not later than the last day of the month after
such fee is collected to the Georgia Superior Court Clerks' Cooperative
Authority for deposit into the general fund of the state treasury.
(2)
In addition to any other provision of law, any person convicted of a violation
of Code Section 40-6-391 or subsection (b) of Code Section 16-13-2 who is
sentenced to probation or a suspended sentence by a municipal, magistrate,
probate, recorder's, mayor's, state, or superior court shall also be required by
the court to pay a one-time fee of $25.00. The clerk of court, or if there is
no clerk the person designated to collect fines, fees, and forfeitures for such
court, shall collect such fee and remit the same not later than the last day of
the month after such fee is collected to the Georgia Superior Court Clerks'
Cooperative Authority for deposit into the general fund of the state
treasury.
(3)
In addition to any fine, fee, restitution, or other amount ordered, the
sentencing court may also impose as a condition of probation for felony criminal
defendants sentenced to a day reporting center an additional charge, not to
exceed $10.00 per day for each day such defendant is required to report to a day
reporting center; provided, however, that no fee shall be imposed or collected
if the defendant is unemployed or has been found indigent by the sentencing
court. The charges required by this paragraph shall be paid by the probationer
directly to the department. Funds collected by the department pursuant to this
subsection
paragraph
shall only be used by the department in the maintenance and operation of the day
reporting center program.
(e)
The court may, in its discretion, require the payment of a fine or costs, or
both, as a condition precedent to probation.
(f)
During the interval between the conviction or plea and the hearing to determine
the question of probation, the court may, in its discretion, either order the
confinement of the defendant without bond or may permit
his
the
defendant's release on bond, which bond
shall be conditioned on
his
the
defendant's appearance at the hearing and
shall be subject to the same rules as govern appearance bonds. Any time served
in confinement shall be considered a part of the sentence of the
defendant.
(g)
The sentencing judge shall not lose jurisdiction over any person placed on
probation during the term of the person's probated sentence. The judge is
empowered to revoke any or all of the probated sentence, rescind any or all of
the sentence, or, in any manner deemed advisable by the judge, modify or change
the probated sentence, including ordering the probationer into the sentencing
options system, as provided in Article 9 of this chapter, at any time during the
period of time prescribed for the probated sentence to run.
(h)
Notwithstanding any provision of this Code or any rule or regulation to the
contrary, if a defendant is placed on probation in a county of a judicial
circuit other than the one in which he
or
she resides for committing any misdemeanor
offense, such
defendant
probationer
may, when specifically ordered by the court, have his
or
her probation supervision transferred to
the judicial circuit of the county in which
he
the
probationer resides.
42-8-34.1.
(a)
For the purposes of this Code section, the term 'special condition of probation
or suspension of the sentence' means a condition of a probated or suspended
sentence which:
(1)
Is expressly imposed as part of the sentence in addition to general conditions
of probation and court ordered fines and fees; and
(2)
Is identified in writing in the sentence as a condition the violation of which
authorizes the court to revoke the probation or suspension and require the
defendant to serve up to the balance of the sentence in
confinement.
(b)
A court may not revoke any part of any probated or suspended sentence unless the
defendant admits the violation as alleged or unless the evidence produced at the
revocation hearing establishes by a preponderance of the evidence the violation
or violations alleged.
(c)
At any revocation hearing, upon proof that the defendant has violated any
general provision of probation or suspension other than by commission of a new
felony offense, the court shall consider the use of alternatives to include
community service, intensive probation, diversion centers, probation detention
centers, special alternative incarceration, or any other alternative to
confinement deemed appropriate by the court or as provided by the state or
county. In the event the court determines that the defendant does not meet the
criteria for said alternatives, the court may revoke the balance of probation or
not more than two years in confinement, whichever is less.
(d)
If the violation of probation or suspension alleged and proven by a
preponderance of the evidence or the defendant's admission is the commission of
a felony offense, the court may revoke no more than the lesser of the balance of
probation or the maximum time of the sentence authorized to be imposed for the
crime constituting the violation of the probation.
(e)
If the violation of probation or suspension alleged and proven by a
preponderance of the evidence or the defendant's admission is the violation of a
special condition of probation or suspension of the sentence, the court may
revoke the probation or suspension of the sentence and require the defendant to
serve the balance or portion of the balance of the original sentence in
confinement.
(f)
The payment of restitution or reparation, costs, or fines ordered by the court
may be payable in one lump sum or in periodic payments, as determined by the
court after consideration of all the facts and circumstances of the case and of
the defendant's ability to pay. Such payments shall, in the discretion of the
sentencing judge, be made either to the clerk of the sentencing court or, if the
sentencing court is a probate court, state court, or superior court, to the
probation
state
supervision office serving said
court.
(g)
In no event shall
an
offender
a
probationer be supervised on probation for
more than a total of two years for any one offense or series of offenses arising
out of the same transaction, whether before or after confinement, except as
provided by paragraph (2) of subsection (a) of Code Section
17-10-1.
42-8-34.2.
(a)
In the event that a
defendant
probationer
is delinquent in the payment of fines, costs, or restitution or reparation, as
was ordered by the court as a condition of probation, the
defendant's
probation
probationer's
state supervision officer
is
shall
be authorized, but
shall
not
be
required, to execute a sworn affidavit wherein the amount of arrearage is set
out. In addition, the affidavit shall contain a succinct statement as to what
efforts the department has made in trying to collect the delinquent amount. The
affidavit shall then be submitted to the sentencing court for approval. Upon
signature and approval of the court, said arrearage shall then be collectable
through issuance of a writ of fieri facias by the clerk of the sentencing court;
and the department may enforce such collection through any judicial or other
process or procedure which may be used by the holder of a writ of execution
arising from a civil action.
(b)
This Code section provides the state with remedies in addition to all other
remedies provided for by law; and nothing in this Code section shall preclude
the use of any other or additional remedy in any case.
(c)
No clerk of any court shall be authorized to require any deposit of cost or any
other filing or service fee as a condition to the filing of a garnishment action
or other action or proceeding authorized under this Code section. In any such
action or proceeding, however, the clerk of the court in which the action is
filed shall deduct and retain all proper court costs from any funds paid into
the treasury of the court, prior to any other disbursement of such funds so paid
into court.
42-8-35.
(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
probation
supervisor
state
supervision officer as
directed;
(4)
Permit the
supervisor
state
supervision officer to visit the
probationer at the probationer's home or elsewhere;
(5)
Work faithfully at suitable employment insofar as may be possible;
(6)
Remain within a specified location; provided, however, that the court shall not
banish a probationer to any area within the state:
(A)
That does not consist of at least one entire judicial circuit as described by
Code Section 15-6-1; or
(B)
In which any service or program in which the probationer must participate as a
condition of probation is not available;
(7)
Make reparation or restitution to any aggrieved person for the damage or loss
caused by the probationer's offense, in an amount to be determined by the court.
Unless otherwise provided by law, no reparation or restitution to any aggrieved
person for the damage or loss caused by the probationer's offense shall be made
if the amount is in dispute unless the same has been adjudicated;
(8)
Make reparation or restitution as reimbursement to a municipality or county for
the payment for medical care furnished the person while incarcerated pursuant to
the provisions of Article 3 of Chapter 4 of this title. No reparation or
restitution to a local governmental unit for the provision of medical care shall
be made if the amount is in dispute unless the same has been
adjudicated;
(9)
Repay the costs incurred by any municipality or county for wrongful actions by
an inmate covered under the provisions of paragraph (1) of subsection (a) of
Code Section 42-4-71;
(10)
Support the probationer's legal dependents to the best of the probationer's
ability;
(11)
Violate no local, state, or federal laws and be of general good
behavior;
(12)
If permitted to move or travel to another state, agree to waive extradition from
any jurisdiction where the probationer may be found and not contest any effort
by any jurisdiction to return the probationer to this state; and
(13)
Submit to evaluations and testing relating to rehabilitation and participate in
and successfully complete rehabilitative programming as directed by the
department.
(b)
In determining the terms and conditions of probation for a probationer who has
been convicted of a criminal offense against a victim who is a minor or
dangerous sexual offense as those terms are defined in Code Section 42-1-12, the
court may provide that the probationer shall be:
(1)
Prohibited from entering or remaining present at a victim's school, place of
employment, place of residence, or other specified place at times when a victim
is present or from loitering in areas where minors congregate, child care
facilities, churches, or schools as those terms are defined in Code Section
42-1-12;
(2)
Required to wear a device capable of tracking the location of the probationer by
means including electronic surveillance or global positioning systems. The
department shall assess and collect fees from the probationer for such
monitoring at levels set by regulation by the department;
(3)
Required, either in person or through remote monitoring, to allow viewing and
recording of the probationer's incoming and outgoing e-mail, history of websites
visited and content accessed, and other Internet based
communication;
(4)
Required to have periodic unannounced inspections of the contents of the
probationer's computer or any other device with Internet access including the
retrieval and copying of all data from the computer or device and any internal
or external storage or portable media and the removal of such information,
computer, device, or medium; and
(5)
Prohibited from seeking election to a local board of education.
(c)
The supervision provided for under subsection (b) of this Code section shall be
conducted by a
probation
state
supervision officer, law enforcement
officer, or computer information technology specialist working under the
supervision of a
probation
state
supervision officer or law enforcement
agency.
42-8-35.1.
(a)
In addition to any other terms or conditions of probation provided for under
this chapter, the trial judge may provide that probationers sentenced for felony
offenses
committed
on or after July 1, 1993, to a period of
time of not less than one year on probation as a condition of probation must
satisfactorily complete a program of confinement in a 'special alternative
incarceration—probation boot camp' unit of the department for a period of
120 days computed from the time of initial confinement in the unit; provided,
however, the department may release the defendant upon service of 90 days in
recognition of excellent behavior.
(b)
Before a court can place this condition upon the sentence, an initial
investigation
will
shall
be completed by the
probation
officer
state
supervision officer which will indicate
that the probationer is qualified for such treatment in that the
individual
probationer
does not appear to be physically or mentally disabled in a way that would
prevent him or
her from strenuous physical activity, that
the
individual
probationer
has no obvious contagious diseases, that the
individual
probationer
is not less than 17 years of age nor more than 30 years of age at the time of
sentencing, and that the department has granted provisional approval of the
placement of the
individual
probationer
in the 'special alternative incarceration—probation boot camp'
unit.
(c)
In every case where
an
individual
a
probationer is sentenced under the terms
of this Code section, the sentencing court shall, within its probation order,
direct the department to arrange with the sheriff's office in the county of
incarceration to have the
individual
probationer
delivered to a designated unit of the department within a specific date not more
than 15 days after the issuance of such probation order by the
court.
(d)
At any time during the
individual's
probationer's
confinement in the unit, but at least five days prior to his
or
her expected date of release, the
department
will
shall
certify to the trial court as to whether the
individual
probationer
has satisfactorily completed this condition of probation.
(e)
Upon the receipt of a satisfactory report of performance in the program from the
department, the trial court shall release the
individual
probationer
from confinement in the 'special alternative incarceration—probation boot
camp' unit.
However;
provided, however,
that
the receipt of an unsatisfactory report will be grounds for revocation of the
probated sentence as would any other violation of a condition or term of
probation.
(f)
The satisfactory report of performance in the program from the department shall,
in addition to the other requirements specified in this Code section, require
participation of the
individual
probationer
confined in the unit in such adult education courses necessary to attain the
equivalency of a grade five competency level as established by the State Board
of Education for elementary schools. Those individuals who are mentally
disabled as determined by initial testing
are
shall
be exempt from mandatory participation.
After the
individual
probationer
is released from the unit, it shall be a special condition of probation that the
individual
probationer
participate in an education program in the community until grade five level
competency is achieved or active probation supervision terminates. It shall be
the duty of the department to certify to the trial court that such
individual
probationer
has satisfactorily completed this condition of probation while on active
probation supervision. The receipt of an unsatisfactory report may be grounds
for revocation of the probated sentence as would any other violation of a
condition or term of probation. Under certain circumstances, the probationer
may be exempt from this requirement if it is determined by the
probation
state
supervision officer that community
education resources are inaccessible to the probationer.
42-8-35.2.
(a)
Notwithstanding any other provisions of law, the court, when imposing a sentence
of imprisonment after a conviction of a violation of subsection (b) or (d) of
Code Section 16-13-30 or after a conviction of a violation of Code Section
16-13-31, shall impose a special term of probation of three years in addition to
such term of imprisonment; provided, however, upon a second or subsequent
conviction of a violation of the provisions of such Code sections as stated in
this subsection, the special term of probation shall be six years in addition to
any term of imprisonment.
(b)
A special term of probation imposed under this Code section may be revoked if
the terms and conditions of probation are violated. In such circumstances the
original term of imprisonment shall be increased by the period of the special
term of probation and the resulting new term of imprisonment shall not be
diminished by the time which was spent on special probation. A person whose
special term of probation has been revoked may be required to serve all or part
of the remainder of the new term of imprisonment. A special term of probation
provided for in this Code section shall be in addition to, and not in lieu of,
any other probation provided for by law and shall be supervised in the same
manner as other probations as provided in this chapter.
(c)
Upon written application by the probationer to the trial court, the court may,
in its discretion, suspend the balance of any special term of probation,
provided that at least one-half of said special term of probation has been
completed and all fines associated with the original sentence have been paid and
all other terms of the original sentence and the terms of the special probation
have been met by the probationer.
42-8-35.3.
Notwithstanding
any other terms or conditions of probation which may be imposed, a court
sentencing a defendant to probation for a violation of Code Section 16-5-90 or
16-5-91 may impose one or more of the following conditions on such
probation:
(1)
Prohibit the
defendant
probationer
from engaging in conduct in violation of Code Section 16-5-90 or
16-5-91;
(2)
Require the
defendant
probationer
to undergo a mental health evaluation and, if it is determined by the court from
the results of such evaluation that the
defendant
probationer
is in need of treatment or counseling, require the
defendant
probationer
to undergo mental health treatment or counseling by a court approved mental
health professional, mental health facility, or facility of the Department of
Behavioral Health and Developmental Disabilities. Unless the
defendant
probationer
is indigent, the cost of any such treatment shall be borne by the
defendant
probationer;
or
(3)
Prohibit the
defendant
probationer
from entering or remaining present at the victim's school, place of employment,
or other specified places at times when the victim is present.
42-8-35.4.
(a)
In addition to any other terms and conditions of probation provided for in this
article, the trial judge 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 forcible misdemeanor as defined
in paragraph (7) of Code Section 16-1-3 or a misdemeanor of a high and
aggravated nature and has violated probation or other probation alternatives and
is subsequently sentenced to a period of not less than one year on probation
shall complete satisfactorily, as a condition of that probation, a program of
confinement in a probation detention center. Probationers so sentenced
will
shall
be required to serve the period of confinement specified in the court
order.
(b)
The court shall determine that the defendant is at least 17 years of age at the
time of sentencing.
(c)
During the period of confinement, the department may transfer the probationer to
other facilities in order to provide needed physical and mental health care or
for other reasons essential to the care and supervision of the probationer or as
necessary for the effective administration and management of its
facilities.
42-8-35.5.
(a)
In addition to any other terms and conditions of probation provided in this
article, the trial judge may require that probationers sentenced to a period of
not less than one year on probation shall satisfactorily complete, as a
condition of that probation, a program in a probation diversion center.
Probationers so sentenced
will
shall
be required to serve a period of confinement as specified in the court order,
which confinement period shall be computed from the date of initial confinement
in the diversion center.
(b)
The court shall determine that the defendant is at least 17 years of age at the
time of sentencing, is capable both physically and mentally of maintaining paid
employment in the community, and does not unnecessarily jeopardize the safety of
the community.
(c)
The department may assess and collect room and board fees from diversion center
program participants at a level set by the department.
42-8-35.6.
(a)
Notwithstanding any other terms or conditions of probation which may be imposed,
a court sentencing a defendant to probation for an offense involving family
violence as such term is defined in Code Section 19-13-10 shall require as a
condition of probation that the
defendant
probationer
participate in a family violence intervention program certified pursuant to
Article 1A of Chapter 13 of Title 19, unless the court determines and states on
the record why participation in such a program is not appropriate.
(b)
A court, in addition to imposing any penalty provided by law, when revoking a
defendant's
probationer's
probation for an offense involving family violence as defined by Code Section
19-13-10, or when imposing a protective order against family violence, shall
order the
defendant
probationer
to participate in a family violence intervention program certified pursuant to
Article 1A of Chapter 13 of Title 19, unless the court determines and states on
the record why participation in such program is not appropriate.
(c)
The State Board of Pardons and Paroles, for a violation of parole for an offense
involving family violence as defined by Code Section 19-13-10, shall require the
conditional
releasee
parolee
to participate in a family violence intervention program certified pursuant to
Article 1A of Chapter 13 of Title 19, unless the State Board of Pardons and
Paroles determines why participation in such a program is not
appropriate.
(d)
Unless the
defendant
probationer
is indigent, the cost of the family violence intervention program as provided by
this Code section shall be borne by the
defendant
probationer.
If the
defendant
probationer
is indigent, then the cost of the program shall be determined by a sliding scale
based upon the
defendant's
probationer's
ability to pay.
42-8-35.7.
Unless
the court has ordered more frequent such screenings, it shall be the duty of
each
probation
supervisor
state
supervision officer to administer or have
administered a drug and alcohol screening not less than once every 60 days to
any person who is placed on probation and who, as a condition of such probation,
is required to undergo regular, random drug and alcohol screenings, provided
that the drug and alcohol screenings required by this Code section shall be
performed only to the extent that necessary funds therefor are appropriated in
the state budget.
42-8-36.
(a)(1)
Any other provision of this article to the contrary notwithstanding, it shall be
the duty of a probationer, as a condition of probation, to keep his
or her state
supervision officer
probation
supervisor informed as to his
or
her residence. Upon the recommendation of
the
probation
supervisor
state
supervision officer, the court may also
require, as a condition of probation and under such terms as the court deems
advisable, that the probationer keep the
probation
supervisor
state
supervision officer informed as to his
or
her whereabouts. The failure of a
probationer to report to his
probation
supervisor
or her state
supervision officer as directed or a
return of non est inventus or other return to a warrant, for the violation of
the terms and conditions of probation, that the probationer cannot be found in
the county that appears from the records of the
probation
supervisor
state
supervision officer to be the
probationer's county of residence shall automatically suspend the running of the
probated sentence until the probationer shall personally report to the
probation
supervisor
state
supervision officer, is taken into custody
in this state, or is otherwise available to the court; and such period of time
shall not be included in computing creditable time served on probation or as any
part of the time that the probationer was sentenced to serve. The effective
date of the tolling of the sentence shall be the date that the
state
supervision officer returns the warrant
showing non est inventus. Any officer authorized by law to issue or serve
warrants may return the warrant for the absconded probationer showing non est
inventus.
(2)
In addition to the provisions of paragraph (1) of this subsection, if the
probation
supervisor
state
supervision officer submits an affidavit
to the court stating that a probationer has absconded and cannot be found, the
running of the probated sentence shall be suspended effective on the date such
affidavit is submitted to the court and continuing until the probationer shall
personally report to the
probation
supervisor
state
supervision officer, is taken into custody
in this state, or is otherwise available to the court.
(b)
Any unpaid fines, restitution, or any other moneys owed as a condition of
probation shall be due when the probationer is arrested; but, if the entire
balance of his
or
her probation is revoked, all the
conditions of probation, including moneys owed, shall be negated by his
or
her imprisonment. If only part of the
balance of the probation is revoked, the probationer shall still be responsible
for the full amount of the unpaid fines, restitution, and other moneys upon his
or
her return to probation after release from
imprisonment.
42-8-37.
(a)
Upon the termination of the period of probation, the probationer shall be
released from probation and shall not be liable to sentence for the crime for
which probation was allowed; provided, however, the foregoing shall not be
construed to prohibit the conviction and sentencing of the probationer for the
subsequent commission of the same or a similar offense or for the subsequent
continuation of the offense for which he
or
she was previously sentenced. The court
may at any time cause the probationer to appear before it to be admonished or
commended and, when satisfied that its action would be for the best interests of
justice and the welfare of society, may discharge the probationer from further
supervision.
(b)
Upon the request of the chief judge of the court from which
said
person
a
probationer was sentenced, the case of
each
person
probationer
receiving a probated sentence of more than two years shall be reviewed by the
probation
supervisor
state
supervision officer responsible for that
case after service of two years on probation, and a written report of the
probationer's progress shall be submitted to the sentencing court along with the
supervisor's
state
supervision officer's recommendation as to
early termination. Upon the request of the chief judge of the court from which
said
person
such
probationer was sentenced, each such case
shall be reviewed and a written report submitted annually thereafter, or more
often if required, until the termination, expiration, or other disposition of
the case.
42-8-38.
(a)
Whenever, within the period of probation, a
probation
supervisor
state
supervision officer believes that a
probationer under his
or
her supervision has violated his
or
her probation in a material respect,
he
such
officer may arrest the probationer without
warrant, wherever found, and return
him
the
probationer to the court granting the
probation or, if under supervision in a county or judicial circuit other than
that of conviction, to a court of equivalent original criminal jurisdiction
within the county wherein the probationer resides for purposes of supervision.
Any officer authorized by law to issue warrants may issue a warrant for the
arrest of the probationer upon the affidavit of one having knowledge of the
alleged violation, returnable forthwith before the court in which revocation
proceedings are being brought.
(b)
The court, upon the probationer being brought before it, may commit
him
the
probationer or release
him
the
probationer with or without bail to await
further hearing or it may dismiss the charge. If the charge is not dismissed at
this time, the court shall give the probationer an opportunity to be heard fully
at the earliest possible date on his
or
her own behalf, in person or by counsel,
provided that, if the revocation proceeding is in a court other than the court
of the original criminal conviction, the sentencing court shall be given ten
days' written notice prior to a hearing on the merits.
(c)
After the hearing, the court may revoke, modify, or continue the probation. If
the probation is revoked, the court may order the execution of the sentence
originally imposed or of any portion thereof. In such event, the time that the
defendant has served under probation shall be considered as time served and
shall be deducted from and considered a part of the time
he
the
probationer was originally sentenced to
serve.
(d)
In cases where the probation is revoked in a county other than the county of
original conviction, the clerk of court in the county revoking probation may
record the order of revocation in the judge's minute docket, which recordation
shall constitute sufficient permanent record of the proceedings in that court.
The clerk shall send one copy of the order revoking probation to the department
to serve as a temporary commitment and shall send the original order revoking
probation and all other papers pertaining thereto to the county of original
conviction to be filed with the original records. The clerk of court of the
county of original conviction shall then issue a formal commitment to the
department.
42-8-39.
In
all criminal cases in which the defendant is found guilty or in which a plea of
guilty or of nolo contendere is entered and in which the trial judge after
imposing sentence further provides that the execution of the sentence shall be
suspended, such provision shall not have the effect of placing the defendant on
probation as provided in this article.
42-8-40.
All
reports, files, records, and papers of whatever kind relative to the state-wide
probation system are declared to be confidential and shall be available only to
the probation system officials and to the judge handling a particular case.
They shall not be subject to process of subpoena. However, the commissioner may
by written order declassify any such
records
Reserved.
42-8-41.
All
state and local departments, agencies, boards, bureaus, commissions, and
committees shall cooperate with the
probation
officials
state
supervision officers.
42-8-42.
The
department may provide office space and clerical help wherever needed. The
counties of this state shall cooperate in this respect and, wherever possible,
shall furnish office space if needed
Reserved.
42-8-43.
Except
as otherwise provided by law, any county probation system in existence on
February 8, 1956, shall not be affected by the passage of this article,
regardless of whether the law under which the system exists is specifically
repealed by this article. The personnel of the system shall continue to be
appointed and employed under the same procedure as used prior to February 8,
1956, and the system shall be financed under the same method as it was financed
prior to February 8, 1956. However, the substantive provisions of this article
and Chapter 9A
of this title relative to probation shall
be followed, and to this end any probation officer of such system shall be
deemed to be the same as a
probation
supervisor
state
supervision officer, with the
probation
supervisor
state
supervision officer assigned by the
department serving in a liaison capacity between the county probation system and
the department.
42-8-43.1.
(a)
This Code section shall apply to county probation systems of all counties of
this state having a population of 400,000 or more according to the United States
decennial census of 1980 or any future such census, any provision of Code
Section 42-8-43 to the contrary notwithstanding. The department shall
participate in the cost of the county probation systems subject to this Code
section for fiscal years 1982-83 and 1983-84. The department shall compute the
state cost per probationer on a state-wide basis for each of the aforesaid
fiscal years pursuant to the formula used by the Office of Planning and Budget
to determine the state cost for probation for budgetary purposes. For each of
the aforesaid fiscal years, the department shall pay to the governing authority
of each county maintaining a county probation system subject to this Code
section the percentage shown below of the state-wide cost per probationer for
each probationer being supervised under the respective county probation system
as of the first day of each of said fiscal years:
(1)
For fiscal year 1982-83, 10 percent; and
(2)
For fiscal year 1983-84, 10-100 percent.
(b)
The funds necessary to participate in the cost of county probation systems under
subsection (a) of this Code section shall come from funds appropriated to the
department for the purposes of providing state participation in the cost of
county probation systems. The payments to counties provided for in subsection
(a) of this Code section shall be made by, or pursuant to the order of, the
department in single lump sum payment for each fiscal year, with the payment for
fiscal year 1982-83 being made by May 1, 1983, and the one for fiscal year
1983-84 by May 1, 1984. As a condition necessary for a county to qualify for
department participation in the cost of the county's probation system, the
employees of such county probation systems shall be subject to the supervision,
control, and direction of the department.
(c)
Each county probation system subject to the provisions of this Code section
shall become a part of the state-wide probation system provided for by this
article effective on July 1, 1984, and shall be fully funded from state funds as
a part of the state-wide probation system beginning with fiscal year 1984-85.
The employees of said county probation systems, at their option, shall become
employees of the department on the date said county systems become a part of the
state-wide probation system and, on or after said date, said employees shall be
subject to the salary schedules and other personnel policies of the department,
except that the salaries of such employees shall not be reduced as a result of
becoming employees of the department.
(d)
When an employee of a county probation system of any county of this state having
a population of 550,000 or more according to the United States decennial census
of 1980 or any future such census becomes an employee of the department pursuant
to subsection (c) of this Code section at the same or a greater salary, the
change in employment shall not constitute involuntary separation from service or
termination of employment within the meaning of any local retirement or pension
system of which the employee was a member at the time of such change in
employment, and the change in employment shall not entitle the employee to begin
receiving any retirement or pension benefit whatsoever under any such local
retirement or pension system.
42-8-43.2.
(a)
This Code section shall apply to county probation systems, including state court
adult probation systems, of each county having a population of more than 100,000
in any metropolitan statistical area having a population of not less than
200,000 nor more than 230,000 according to the United States decennial census of
1980 or any future such census, any provision of Code Section 42-8-43 to the
contrary notwithstanding. The department shall participate in the cost of the
county probation systems subject to this Code section for fiscal year 1987-88.
The department shall compute the state cost per probationer on a state-wide
basis for such fiscal year pursuant to the formula used by the Office of
Planning and Budget to determine the state cost for probation for budgetary
purposes. For said fiscal year, the department shall pay to the governing
authority of each county maintaining a county probation system subject to this
Code section 10 percent of the state-wide cost per probationer for each
probationer being supervised under the respective county probation system as of
the first day of said fiscal year. The funds necessary to participate in the
cost of county probation systems under this subsection shall come from funds
appropriated to the department for the purposes of providing state participation
in the cost of county probation systems. The payments to counties provided for
in this subsection shall be made by, or pursuant to the order of, the department
in single lump sum payment for fiscal year 1987-88, with the payment being made
by May 1, 1988. As a condition necessary for a county to qualify for department
participation in the cost of the county's probation system, the county shall
cause to be made an independent audit of the financial affairs and transactions
of all funds and activities of the county probation system and agree to be
responsible for any discrepancies, obligations, debts, or liabilities of such
county probation system which may exist prior to the department's participation
in the cost of the county's probation system. As a further condition necessary
for a county to qualify for department participation in the cost of the county's
probation system, the employees of such county probation systems shall be
subject to the supervision, control, and direction of the
department.
(b)
The county probation system of any such county shall become a part of the
state-wide probation system provided for by this article effective July 1, 1988,
and shall be fully funded from state funds as part of the state-wide probation
system beginning with fiscal year 1988-89. The employees of such county
probation system, at their option, shall become employees of the department on
the date said county system becomes a part of the state-wide probation system
and, on or after said date, said employees shall be subject to the salary
schedules and other personnel policies of the department, except that the
salaries of such employees shall not be reduced as a result of becoming
employees of the department.
(c)
When an employee of a county probation system becomes an employee of the
department pursuant to subsection (b) of this Code section at the same or a
greater salary, the change in employment shall not constitute involuntary
separation from service or termination of employment within the meaning of any
local retirement or pension system of which the employee was a member at the
time of such change in employment, and the change in employment shall not
entitle the employee to begin receiving any retirement or pension benefit
whatsoever under any such local retirement or pension system.
(d)
No leave time accrued by an employee of a county probation system shall be
transferred when the employee becomes a state employee. Any leave time accrued
by an employee of such county probation system shall be satisfied as a debt owed
to the employee by the county.
42-8-43.3.
(a)
This Code section shall apply to county probation systems, including state court
adult probation systems, of each county having a population of 250,000 or more
according to the United States decennial census of 1980 or any future such
census, any provision of Code Section 42-8-43 to the contrary notwithstanding.
The department shall participate in the cost of the county probation systems
subject to this Code section for fiscal year 1988-89. For said fiscal year, the
department shall pay to the governing authority of each county maintaining a
county probation system subject to this Code section 10 percent of the annual
county probation system budget as of the first day of said fiscal year. The
funds necessary to participate in the cost of county probation systems under
this subsection shall come from funds appropriated to the department for the
purposes of providing state participation in the cost of county probation
systems. The payments to counties provided for in this subsection shall be made
by, or pursuant to the order of, the department in single lump sum payment for
fiscal year 1988-89, with the payment being made by May 1, 1989. As a condition
necessary for a county to qualify for department participation in the cost of
the county's probation system, the county shall cause to be made an independent
audit of the financial affairs and transactions of all funds and activities of
the county probation system and agree to be responsible for any discrepancies,
obligations, debts, or liabilities of such county probation system which may
exist prior to the department's participation in the cost of the county's
probation system. As a further condition necessary for a county to qualify for
department participation in the cost of the county's probation system, the
employees of such county probation systems shall be subject to the supervision,
control, and direction of the department.
(b)
The county probation system of any such county shall become a part of the
state-wide probation system provided for by this article effective July 1, 1989,
and shall be fully funded from state funds as part of the state-wide probation
system beginning with fiscal year 1989-90. The employees of such county
probation system, at their option, shall become employees of the department on
the date said county system becomes a part of the state-wide probation system
and, on or after said date, said employees shall be subject to the salary
schedules and other personnel policies of the department, except that the
salaries of such employees shall not be reduced as a result of becoming
employees of the department.
(c)
When an employee of a county probation system becomes an employee of the
department pursuant to subsection (b) of this Code section at the same or a
greater salary, the change in employment shall not constitute involuntary
separation from service or termination of employment within the meaning of any
local retirement or pension system of which the employee was a member at the
time of such change in employment, and the change in employment shall not
entitle the employee to begin receiving any retirement or pension benefit
whatsoever under any such local retirement or pension system.
(d)
No leave time accrued by an employee of a county probation system shall be
transferred when the employee becomes a state employee. Any leave time accrued
by an employee of such county probation system shall be satisfied as a debt owed
to the employee by the county.
42-8-44.
This
article shall be liberally construed so that its purposes may be
achieved."
PART
IV
PARDONS AND PAROLES
SECTION 4-1.
PARDONS AND PAROLES
SECTION 4-1.
Said
Title 42 is further amended by revising Code Section 42-9-9, relating to board
employees, as follows:
"42-9-9.
(a)
The board may appoint such clerical, stenographic, supervisory,
investigatory,
and expert assistants and may establish such qualifications for its employees as
it deems necessary. In its discretion, the board may discharge such
employees.
(b)
A certified parole officer leaving the service of the board under honorable
conditions who has accumulated 20 or more years of service with the board as a
certified parole officer shall be entitled as part of such employee's
compensation to retain his or her board issued badge. A certified parole
officer employed with the board who is killed in the line of duty shall be
entitled to have his or her board issued badge given to a surviving family
member. Where a certified parole officer leaves the service of the board due to
a disability that arose in the line of duty and such disability prevents the
parole officer from further serving as a peace officer, then such disabled
parole officer shall be entitled to retain his or her board issued badge
regardless of the officer's number of years of service with the board. The
board is authorized to promulgate rules and regulations for the implementation
of this subsection."
SECTION
4-2.
Said
title is further amended by revising Code Section 42-9-20, relating to general
duties of the board, as follows:
"42-9-20.
In
all cases in which the chairman 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 from the date of the suspension order. In
the cases which the board has power to consider, the board shall be charged with
the duty of determining which inmates serving sentences imposed by a court of
this state may be released on pardon or parole and fixing the time and
conditions thereof. The board shall
also
be charged with the duty of
supervising
all persons placed on parole, of
determining violations
thereof
of
parole and of taking action with reference
thereto,
and
of making
such
investigations as may be
necessary,
and of aiding parolees or probationers in securing
employment. It shall be the duty of the
board personally to study the cases of those inmates whom the board has power to
consider so as to determine their ultimate fitness for such relief as the board
has power to grant. The board by an affirmative vote of a majority of its
members shall have the power to commute a sentence of death to one of life
imprisonment."
SECTION
4-3.
Said
title is further amended by revising Code Section 42-9-21, relating to
supervision of persons placed on parole or other conditional release, as
follows:
"42-9-21.
(a)
The board shall
have the
function and responsibility of supervising all persons placed on parole or other
conditional release by the board.
(b)
The board is authorized to maintain and operate or to enter into memoranda of
agreement or other written documents evidencing contracts with other state
agencies, persons, or any other entities for transitional or intermediate or
other services or for programs deemed by the board to be necessary for parolees
or others conditionally released from imprisonment by order of the board and
to
be authorized
to require as a condition of relief that
the
offender
parolee
pay directly to
the
any
provider and
the board a reasonable fee for
said
services or programs
transitional
or intermediate or other services or for programs deemed by the board to be
necessary for parolees or conditional
releasees.
(c)(b)
In all cases where restitution is applicable, the board shall collect during the
parole period those sums determined to be owed to the victim."
SECTION
4-4.
Said
title is further amended by repealing Code Section 42-9-22, relating to
construction of the chapter, which reads as follows:
"42-9-22.
This
chapter shall be liberally construed so that its purpose may be
achieved."
SECTION
4-5.
Said
title is further amended by revising Code Section 42-9-41, relating to duty of
the board to obtain and place in records information respecting persons subject
to relief or placed on probation, as follows:
"42-9-41.
(a)
It shall be the duty of the board to obtain and place in its permanent records
information as complete as may be practicable on every person who may become
subject to any relief which may be within the power of the board to grant. The
information shall be obtained as soon as possible after imposition of the
sentence and shall include:
(1)
A complete statement of the crime for which the person is sentenced, the
circumstances of the crime, and the nature of the person's
sentence;
(2)
The court in which the person was sentenced;
(3)
The term of his
or
her sentence;
(4)
The name of the presiding judge, the prosecuting officers, the investigating
officers, and the attorney for the person convicted;
(5)
A copy of presentence investigation and any previous court record;
(6)
A fingerprint record;
(7)
A copy of all probation reports which may have been made; and
(8)
Any social, physical, mental, or criminal record of the person.
(b)
The board in its discretion may also obtain and place in its permanent records
similar information on each person who may be placed on probation. The board
shall immediately examine such records and any other records obtained and make
such other investigation as it may deem necessary. It shall be the duty of the
court and of all
probation
officers
state
supervision officers and other appropriate
officers to furnish to the board, upon its request, such information as may be
in their possession or under their control. The Department of Behavioral Health
and Developmental Disabilities and all other state, county, and city agencies,
all sheriffs and their deputies, and all peace officers shall cooperate with the
board and shall aid and assist it in the performance of its duties. The board
may make such rules as to the privacy or privilege of such information and as to
its use by persons other than the board and its staff as may be deemed expedient
in the performance of its duties."
SECTION
4-6.
Said
title is further amended by revising subsection (d) of Code Section 42-9-42,
relating to procedure for granting relief from sentence, as
follows:
"(d)(1)
Any person who is paroled shall be released on such terms and conditions as the
board shall prescribe. The board shall diligently see that no peonage is
allowed in the guise of parole relationship or supervision. The parolee shall
remain in the legal custody of the board until the expiration of the maximum
term specified in his
or
her sentence or until he
or
she is pardoned by the board.
(2)
The board may require the payment of a parole supervision fee of at least $10.00
per month as a condition of parole or other conditional release. The monthly
amount shall be set by rule of the board and shall be uniform state wide. The
board may require or the parolee or person under conditional release may request
that up to 24 months of the supervision fee be paid in advance of the time to be
spent on parole or conditional release. In such cases, any advance payments are
nonreimbursable in the event of parole or conditional release revocation or if
parole or conditional release is otherwise terminated prior to the expiration of
the sentence being served on parole or conditional release. Such fees shall be
collected by the board to be paid into the general fund of the state
treasury."
SECTION
4-7.
Said
title is further amended by revising subsection (a) of Code Section 42-9-44,
relating to specification of terms and conditions of parole, as
follows:
"(a)
The board, upon placing a person on parole, shall specify in writing the terms
and conditions thereof. A certified copy of the conditions shall be given to
the parolee
and the
Department of Corrections. Thereafter, a
copy shall be sent to the clerk of the court in which the person was convicted.
The board shall adopt general rules concerning the terms and conditions of
parole and concerning what shall constitute a violation thereof and shall make
special rules to govern particular cases. The rules, both general and special,
may include, among other things, a requirement that the parolee shall not leave
this state or any definite area in this state without the consent of the board;
that the parolee shall contribute to the support of his or her dependents to the
best of the parolee's ability; that the parolee shall make reparation or
restitution for his or her crime; that the parolee shall abandon evil associates
and ways; and that the parolee shall carry out the instructions of his or her
parole
supervisor
state
supervision officer, and, in general, so
comport himself or herself as the parolee's
supervisor
state
supervision officer shall determine. A
violation of the terms of parole may render the parolee liable to arrest and a
return to a penal institution to serve out the term for which the parolee was
sentenced."
SECTION
4-8.
Said
title is further amended by repealing subsection (d) of Code Section 42-9-48,
relating to arrest of parolee or conditional release violator, which reads as
follows:
"(d)
Any parole supervisor, when he has reasonable ground to believe that a parolee
or conditional releasee has violated the terms or conditions of his parole or
conditional release in a material respect, shall notify the board or some member
thereof; and proceedings shall thereupon be had as provided in this Code
section."
SECTION
4-9.
Said
title is further amended by revising Code Section 42-9-57, relating to effect of
chapter on probation power of courts, as follows:
"42-9-57.
Nothing
contained in this chapter shall be construed as repealing any power given to any
court of this state to place offenders on probation or to supervise the same nor
any power of any probation agency set up in any county of the state in
conjunction with the courts. The board shall be authorized to cooperate with
any such agencies, except that it shall not assume or pay any financial
obligations thereof.
The board
shall also be authorized to cooperate with the courts for the probation of
offenders in those counties in which there is no existing probation agency, when
a court so requests."
SECTION
4-10.
Said
title is further amended by revising subsection (b) of Code Section 42-9-90,
relating to application fee required for transfer, as follows:
"(b)
The Department of Corrections and the State Board of Pardons and Paroles are
authorized to require any nonindigent adult offender to pay a $25.00 application
fee when applying to transfer his or her supervision from Georgia to any other
state or territory pursuant to the provisions of
Articles 3
and
Article
4 of this chapter."
PART
V
CROSS-REFERENCES
SECTION 5-1.
CROSS-REFERENCES
SECTION 5-1.
Code
Section 15-11-84 of the Official Code of Georgia Annotated, relating to sharing
of confidential information, is amended by revising subsection (b) as
follows:
"(b)
Governmental entities, state, county, consolidate governments, or municipal
government departments, boards, or agencies shall exchange with each other all
information not held as confidential pursuant to federal law and relating to a
child which may aid a governmental entity in the assessment, treatment,
intervention, or rehabilitation of a child, notwithstanding Code Section
15-1-15, 15-11-9.1, subsection (d) of Code Section 15-11-10, Code Section
15-11-66.1, 15-11-75, 15-11-81, 15-11-82, 15-11-174, 20-2-751.2, 20-14-40,
24-9-40.1, 24-9-41, 24-9-42, 26-4-5, 26-4-80, 26-5-17, 31-5-5, 31-33-6, 37-1-53,
37-2-9.1, 42-5-36,
42-8-40,
42-8-106,
42-9A-3,
49-5-40, 49-5-41, 49-5-41.1, 49-5-44, 49-5-45, 49-5-183, 49-5-184, 49-5-185, or
49-5-186, in order to serve the best interest of the child. Information which
is shared pursuant to this subsection shall not be utilized to assist in the
prosecution of the child in juvenile court or superior court or utilized to the
detriment of the child."
SECTION
5-2.
Title
16 of the Official Code of Georgia Annotated, relating to crimes and offenses,
is amended by revising subsection (b) of Code Section 16-6-5.1, relating to
sexual assault against persons in custody, as follows:
"(b)
A probation
or parole
state
supervision officer or other custodian or
supervisor of another person referred to in this Code section commits sexual
assault when he or she engages in sexual contact with another person who is a
probationer or parolee under the supervision of
said
probation or parole
such state
supervision officer or who is in the
custody of law or who is enrolled in a school or who is detained in or is a
patient in a hospital or other institution and such actor has supervisory or
disciplinary authority over such other person. A person convicted of sexual
assault shall be punished by imprisonment for not less than ten nor more than 30
years; provided, however, that any person convicted of the offense of sexual
assault under this subsection of a child under the age of 14 years shall be
punished by imprisonment for not less than 25 nor more than 50 years. Any
person convicted under this subsection of the offense of sexual assault shall,
in addition, be subject to the sentencing and punishment provisions of Code
Section 17-10-6.2."
SECTION
5-3.
Said
title is further amended by revising subsection (b) of Code Section 16-10-24,
relating to obstructing or hindering law enforcement officers, as
follows:
"(b)
Whoever knowingly and willfully resists, obstructs, or opposes any law
enforcement officer, prison guard, correctional officer,
probation
supervisor, parole supervisor
state
supervision officer, or conservation
ranger in the lawful discharge of his
or
her official duties by offering or doing
violence to the person of such officer or legally authorized person
is
shall
be guilty of a felony and shall, upon
conviction thereof, be punished by imprisonment for not less than one nor more
than five years."
SECTION
5-4.
Said
title is further amended by revising subsection (d) of Code Section 16-11-37,
relating to terroristic threats or acts, as follows:
"(d)
A person who commits or attempts to commit a terroristic threat or act with the
intent to retaliate against any person for:
(1)
Attending a judicial or administrative proceeding as a witness, attorney, judge,
or party or producing any record, document, or other object in a judicial or
official proceeding; or
(2)
Providing to a law enforcement officer,
adult
or juvenile probation officer,
state
supervision officer, prosecuting attorney,
or judge any information relating to the commission or possible commission of an
offense under the laws of this state or of the United States or a violation of
conditions of bail, pretrial release, probation, or parole
shall
be guilty of the offense of a terroristic threat or act and, upon conviction
thereof, shall be punished, for a terroristic threat, by imprisonment for not
less than five nor more than ten years or by a fine of not less than $50,000.00,
or both, and, for a terroristic act, by imprisonment for not less than five nor
more than 20 years or by a fine of not less than $100,000.00, or
both."
SECTION
5-5.
Said
title is further amended by revising paragraph (12) of subsection (c) of Code
Section 16-11-127.1, relating to carrying weapons within school safety zones, at
school functions, or on school property, as follows:
"(12)
Probation
supervisors
State
supervision officers employed by
and under
the authority of the Department of
Corrections
pursuant to
Article 2 of Chapter 8 of Title 42, known as the 'State-wide Probation
Act,' when specifically designated and
authorized in writing by the director of the
Division of
Probation
Division of
State Supervision;"
SECTION
5-6.
Said
title is further amended by revising paragraph (9) of subsection (a) and
subsection (b) of Code Section 16-11-130, relating to exemptions from Code
Sections 16-11-126 through 16-11-128, as follows:
"(9)
Chief
probation officers, probation officers, intensive probation officers, and
surveillance officers
State
supervision officers employed by
and under
the authority of the Department of
Corrections
pursuant to
Article 2 of Chapter 8 of Title 42, known as the 'State-wide Probation
Act,' when specifically designated and
authorized in writing by the director of
Division of
Probation
the Division
of State Supervision;"
"(b)
Code Sections 16-11-126 through 16-11-128 shall not apply to or affect persons
who at the time of their retirement from service with the Department of
Corrections were
chief
probation officers, probation officers, intensive probation officers, or
surveillance
state
supervision officers, when specifically
designated and authorized in writing by the director of
Division of
Probation
the Division
of State Supervision."
SECTION
5-7.
Title
17 of the Official Code of Georgia Annotated, relating to criminal procedure, is
amended by revising subsection (d) of Code Section 17-6-1.1, relating to
electronic pretrial release and monitoring program for defendants, as
follows:
"(d)
A defendant may not be released to, or remain in, an electronic pretrial release
and monitoring program who has any other outstanding warrants, accusations,
indictments, holds, or incarceration orders from any other court, law
enforcement agency, or
probation
or parole
state
supervision officer that require the
posting of bond or further adjudication."
SECTION
5-8.
Said
title is further amended by revising Code Section 17-14-8, relating to
apportionment of payments for fines and restitution, as follows:
"17-14-8.
(a)
In any case in which a court sentences an offender to pay restitution and a
fine, if the court permits the offender to pay such restitution and fine in
other than a lump sum, the clerk of any superior court of this state,
probation
officer or parole
state
supervision officer, or other official who
receives such partial payments shall apply not less than one-half of each
payment to the restitution before paying any portion of such fine or any
forfeitures, costs, fees, or surcharges provided for by law to any agency,
department, commission, committee, authority, board, or bureau of state or local
government.
(b)
The clerk of any court of this state,
probation
officer or parole
state
supervision officer, or other official who
receives partial payments for restitution shall pay the restitution amount to
the victim as provided in the restitution order not later than the last day of
each month, provided that the amount exceeds $100.00. If the amount does not
exceed $100.00, the clerk of any court of this state,
probation
officer or parole
state
supervision officer, or other official may
allow the amount of restitution to accumulate until such time as it exceeds
$100.00 or until the end of the next calendar quarter, whichever occurs
first."
SECTION
5-9.
Said
title is further amended by revising subsection (c) of Code Section 17-14-14,
relating to restitution payments, as follows:
"(c)
Until such time as the restitution has been paid or the sentence has been
completed, the clerk of court or the
probation
or parole
state
supervision officer assigned to the case,
whoever is responsible for collecting restitution, shall review the case not
less frequently than twice yearly to ensure that restitution is being paid as
ordered. If the restitution was ordered to be made within a specific period of
time, the case shall be reviewed at the end of the specific period of time to
determine if the restitution has been paid in full. The final review shall be
conducted before the sentence or probationary or parole period expires. If it
is determined at any review that restitution is not being paid as ordered, a
written report of the violation shall be filed with the court on a form
prescribed by the Council of Superior Court Clerks of
Georgia."
SECTION
5-10.
Code
Section 19-13-51 of the Official Code of Georgia Annotated, relating to
definitions for the "Family Violence and Stalking Protective Order Registry
Act," is amended by revising paragraph (4) as follows:
"(4)
'Law enforcement officer' means any agent or officer of this state, or a
political subdivision or municipality thereof, who, as a full-time or part-time
employee, is vested either expressly by law or by virtue of public employment or
service with authority to enforce the criminal or traffic laws and whose duties
include the preservation of public order, the protection of life and property,
or the prevention, detection, or investigation of crime. Such term also
includes the following: state or local officer, sheriff, deputy sheriff,
dispatcher, 9-1-1 operator, police officer, prosecuting attorney, member of the
State Board of Pardons and Paroles, a hearing officer
and parole
officer of the State Board of Pardons and
Paroles, and a
probation
state
supervision officer of the Department of
Corrections."
SECTION
5-11.
Title
35 of the Official Code of Georgia Annotated, relating to law enforcement
officers and agencies, is amended by revising subsections (b) and (g) of Code
Section 35-3-36, relating to duties of state criminal justice agencies as to
submission of fingerprints, photographs, and other identifying data to Georgia
Crime Information Center, as follows:
"(b)
It shall be the duty of all chiefs of police, sheriffs, prosecuting attorneys,
courts, judges,
parole and
probation
state
supervision officers, wardens, or other
persons in charge of penal and correctional institutions in this state to
furnish the center with any other data deemed necessary by the center to carry
out its responsibilities under this article."
"(g)
All persons in charge of law enforcement agencies, all clerks of court, all
municipal judges where they have no clerks, all magistrates, and all persons in
charge of
state and
county probation and parole
state
supervision offices shall supply the
center with the information described in Code Section 35-3-33 on the basis of
the forms and instructions to be supplied by the center."
SECTION
5-12.
Code
Section 40-5-83 of the Official Code of Georgia Annotated, relating to
establishment and approval of driver improvement clinics and programs, is
amended by revising subsection (d) as follows:
"(d)
Notwithstanding the provisions of any law or rule or regulation which prohibits
any individual who is a
probation
state
supervision officer or other official or
employee of the
probation
state
supervision division of the Department of
Corrections or a spouse of such individual from owning, operating, instructing
at, or being employed by a driver improvement clinic, any individual who is a
probation
state
supervision officer or other official or
employee of the
probation
state
supervision division of the Department of
Corrections or a spouse of such individual who owns, operates, instructs at, or
is employed by a driver improvement clinic on June 1, 1985, and who in all
respects is and remains qualified to own, operate, instruct at, or be employed
by a driver improvement clinic is expressly authorized to continue on and after
June 1, 1985, to engage in such activities. No person who owns, operates, or is
employed by a private company which has contracted to provide probation services
for misdemeanor cases shall be authorized to own, operate, be an instructor at,
or be employed by a driver improvement clinic or a DUI Alcohol or Drug Use Risk
Reduction Program."
SECTION
5-13.
Title
42 of the Official Code of Georgia Annotated, relating to penal institutions, is
amended by revising Code Section 42-1-10, relating to preliminary urine screen
drug tests, as follows:
"42-1-10.
(a)
Any
probation
state
supervision officer,
parole
private
probation officer
as such term
is defined in Code Section 42-8-100, or
other
an
official or employee of the Department of Corrections who supervises any person
covered under the provisions of paragraphs (1) through (7) of this subsection
shall be exempt from the provisions of Chapter 22 of Title 31 for the limited
purposes of administering a preliminary urine screen drug test to any person who
is:
(1)
Incarcerated;
(2)
Released as a condition of probation for a felony or misdemeanor;
(3)
Released as a condition of conditional release;
(4)
Released as a condition of parole;
(5)
Released as a condition of provisional release;
(6)
Released as a condition of pretrial release; or
(7)
Released as a condition of control release.
(b)
The Department of Corrections and the State Board of Pardons and Paroles shall
develop a procedure for the performance of preliminary urine screen drug tests
in accordance with the manufacturer's standards for certification.
Probation
officers, parole
State
supervision officers,
private
probation officers as such term is defined in Code Section
42-8-100, or
other
officials or employees of the Department of Corrections who are supervisors of
any person covered under paragraphs (1) through (7) of subsection (a) of this
Code section shall be authorized to perform preliminary urine screen drug tests
in accordance with such procedure. Such procedure shall include instructions as
to a confirmatory test by a licensed clinical laboratory where
necessary."
SECTION
5-14.
Said
title is further amended by revising subparagraph (a)(2)(A) of Code Section
42-1-12, relating to the State Sexual Offender Registry, as
follows:
"(A)
With respect to a sexual offender who is sentenced to probation without any
sentence of incarceration in the state prison system or who is sentenced
pursuant to Article 3 of Chapter 8 of this title, relating to first offenders,
the Division of
Probation
State
Supervision of the Department of
Corrections;"
SECTION
5-15.
Said
title is further amended by revising paragraphs (4) and (5) of subsection (e) of
Code Section 42-8-101, relating to the County and Municipal Probation Advisory
Council, as follows:
"(4)
To promulgate rules and regulations establishing a 40 hour initial orientation
for newly hired private probation officers and for 20 hours per annum of
continuing education for private probation officers, provided that the 40 hour
initial orientation shall not be required of any person who has successfully
completed a
probation
or parole
state
supervision officer basic course of
training certified by the Georgia Peace Officer Standards and Training Council
or any private probation officer who has been employed by a private probation
corporation, enterprise, or agency for at least six months as of July 1,
1996;
(5)
To promulgate rules and regulations establishing a 40 hour initial orientation
for probation officers employed by a county, municipality, or consolidated
government that has established probation services and for 20 hours per annum of
continuing education for such probation officers, provided that the 40 hour
initial orientation shall not be required of any person who has successfully
completed a
probation
or parole
state
supervision officer basic course of
training certified by the Georgia Peace Officer Standards and Training Council
or any probation officer who has been employed by a county, municipality, or
consolidated government as of March 1, 2006;"
SECTION
5-16.
Said
title is further amended by revising subsection (a) of Code Section 42-8-102,
relating to uniform professional standards and uniform contract standards, as
follows:
"(a)
The uniform professional standards contained in this subsection shall be met by
any person employed as and using the title of a private probation officer or
probation officer. Any such person shall be at least 21 years of age at the
time of appointment to the position of private probation officer or probation
officer and must have completed a standard two-year college course or have four
years of law enforcement experience; provided, however, that any person employed
as a private probation officer as of July 1, 1996, and who had at least six
months of experience as a private probation officer or any person employed as a
probation officer by a county, municipality, or consolidated government as of
March 1, 2006, shall be exempt from such college requirements. Every private
probation officer shall receive an initial 40 hours of orientation upon
employment and shall receive 20 hours of continuing education per annum as
approved by the council, provided that the 40 hour initial orientation shall not
be required of any person who has successfully completed a
probation
or parole
state
supervision officer basic course of
training certified by the Peace Officer Standards and Training Council or any
private probation officer who has been employed by a private probation
corporation, enterprise, or agency for at least six months as of July 1, 1996,
or any person employed as a probation officer by a county, municipality, or
consolidated government as of March 1, 2006. In no event shall any person
convicted of a felony be employed as a probation officer or utilize the title of
probation officer."
SECTION
5-17.
Code
Section 45-9-81 of the Official Code of Georgia Annotated, relating to
definitions for the Georgia State Indemnification Fund, is amended by revising
paragraph (10) as follows:
"(10)
'Prison guard' means any person employed by the state or any political
subdivision thereof whose principal duties relate to the supervision and
incarceration of persons accused or convicted of the violation of the criminal
laws of this state or any political subdivision thereof. Such term shall also
mean any
probation
supervisor or parole
state
supervision officer who is required to be
certified under Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and
Training Act,' and whose principal duties directly relate to the supervision of
adult probationers or adult parolees. Such term also means any person employed
by the state or any political subdivision thereof whose principal duties include
the supervision of youth who are charged with or adjudicated for an act which if
committed by adults would be considered a crime."
SECTION
5-18.
Code
Section 49-4A-8 of the Official Code of Georgia Annotated, relating to
commitment of delinquent or unruly children, is amended by revising paragraph
(1) of subsection (i) as follows:
"(i)(1)
A child who has been committed to the department as a delinquent or unruly child
for detention in a youth development center or who has been otherwise taken into
custody and who has escaped therefrom or who has been placed under supervision
and broken the conditions thereof may be taken into custody without a warrant by
a sheriff, deputy sheriff, constable, police officer,
probation
officer, parole
state
supervision officer, or any other officer
of this state authorized to serve criminal process, upon a written request made
by an employee of the department having knowledge of the escape or of the
violation of conditions of supervision. Before a child may be taken into
custody for violation of the conditions of supervision, the written request
mentioned above must be reviewed by the commissioner or his
or
her designee. If the commissioner or his
or
her designee finds that probable cause
exists to believe that the child has violated his
or
her conditions of supervision,
he
the
commissioner or his or her designee may
issue an order directing that the child be picked up and returned to
custody."
SECTION
5-19.
Code
Section 15-1-15, relating to drug court divisions, is amended by replacing
"probation officers" with "state supervision officers" wherever such term
occurs.
SECTION
5-20.
The
Official Code of Georgia Annotated is amended by replacing "probation officer"
with "state supervision officer" wherever such term occurs in:
(1)
Code Section 16-10-33, relating to removal or attempted removal of weapon from
public official;
(2)
Code Section 17-10-9.1, relating to voluntary surrender to county jail or
correctional institution;
(3)
Code Section 19-7-52, relating to whom child support payments are
made;
(4)
Code Section 19-11-21, relating to payment of support to the Department of Human
Services;
(5)
Code Section 40-5-81, relating to driver improvement programs
optional;
(6)
Code Section 42-8-112, relating to proof of compliance required for
reinstatement of certain drivers' licenses and for obtaining probationary
license;
(7)
Code Section 42-8-114, relating to specifying provider for ignition interlock
device;
(8)
Code Section 42-8-151, relating to definitions in the "Probation Management
Act";
(9)
Code Section 43-12A-5, relating to ignition interlock device provider not to
operate under any name deceptively similar to another business; and
(10)
Code Section 49-3-6, relating to functions of county department of family and
children services.
SECTION
5-21.
The
Official Code of Georgia Annotated is amended by replacing "chief probation
officer" with "chief state supervision officer" wherever such term occurs
in:
(1)
Code Section 42-8-151, relating to definitions in the "Probation Management
Act"; and
(2)
Code Section 42-8-155, relating to penalty for probation violation.
SECTION
5-22.
Code
Section 42-8-72 of the Official Code of Georgia Annotated, relating to community
service as a condition of probation, is amended by replacing "probation
supervisor" with "state supervision officer" wherever such term
occurs.
SECTION
5-23.
Code
Section 16-10-33 of the Official Code of Georgia Annotated, relating to removal
or attempted removal of weapon from public official, is amended by replacing
"parole supervisor" with "state supervision officer" wherever such term
occurs.
PART
VI
SAVINGS CLAUSE, EFFECTIVE DATE,
AND REPEALER
SECTION 6-1.
SAVINGS CLAUSE, EFFECTIVE DATE,
AND REPEALER
SECTION 6-1.
This
Act shall not be construed to apply to any offense committed before July 1,
2010. Any such offense shall be prosecuted as provided by the statute in effect
at the time the offense was committed.
SECTION
6-2.
This
Act shall become effective on July 1, 2010.
SECTION
6-3.
All
laws and parts of laws in conflict with this Act are repealed.