Georgia Code
Article 1 - Procedure for Sentencing and Imposition of Punishment
§ 17-10-9.1. Voluntary Surrender to County Jail or Correctional Institution; Release of Defendant

(5.1) Home invasion in any degree;
is sentenced to a term of confinement in a county jail or a correctional institution operated by or under the jurisdiction and supervision of the Department of Corrections, the sentencing judge may release the defendant pending the defendant’s surrendering to a county jail or to a correctional institution designated by the Department of Corrections as authorized in this Code section. The sentencing court may release the defendant on bond or may release the defendant on the defendant’s personal recognizance. This Code section shall not be construed to limit the court’s authority in prescribing conditions of probation.
History. Code 1981, § 17-10-9.1 , enacted by Ga. L. 1989, p. 607, § 1; Ga. L. 1994, p. 1625, § 6; Ga. L. 2012, p. 899, § 8-10/HB 1176; Ga. L. 2014, p. 426, § 10/HB 770; Ga. L. 2015, p. 422, § 5-33/HB 310; Ga. L. 2017, p. 417, § 3-3/SB 104.
Editor’s notes.
Ga. L. 1994, p. 1625, § 1, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Anti-motor Vehicle Hijacking Act of 1994.’ ”
Ga. L. 2012, p. 899, § 9-1(a)/HB 1176, not codified by the General Assembly, provides: “This Act shall become effective on July 1, 2012, and shall apply to offenses which occur on or after that date. Any offense occurring before July 1, 2012, shall be governed by the statute in effect at the time of such offense and shall be considered a prior conviction for the purpose of imposing a sentence that provides for a different penalty for a subsequent conviction for the same type of offense, of whatever degree or level, pursuant to this Act.”
Ga. L. 2015, p. 422, § 6-1/HB 310, not codified by the General Assembly, provides, in part, that this Act shall apply to sentences entered on or after July 1, 2015.
Law reviews.
For note on 1989 enactment of this Code section, see 6 Ga. St. U.L. Rev. 216 (1989).
For note on the 1994 amendment of this Code section, see 11 Ga. St. U.L. Rev. 99 (1994).
For article on the 2012 amendment of this Code section, see 29 Ga. St. U. L. Rev. 290 (2012).
For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 231 (2015).
For note, “Give It to Me, I’m Worth It: The Need to Amend Georgia’s Record Restriction Statute to Provide Ex-Offenders with a Second Chance in the Employment Sector,” see 52 Ga. L. Rev. 267 (2017).
For article on the 2017 amendment of this Code section, see 34 Ga. St. U.L. Rev. 61 (2017).
For annual survey on criminal law, see 69 Mercer L. Rev. 73 (2017).