History. Code 1981, § 42-8-103 , enacted by Ga. L. 1995, p. 396, § 2; Ga. L. 1997, p. 692, § 2; Ga. L. 2006, p. 727, § 2/SB 44; Code 1981, § 42-8-108 , as redesignated by Ga. L. 2015, p. 422, § 3-2/HB 310; Ga. L. 2016, p. 443, § 7-9/SB 367; Ga. L. 2017, p. 774, § 42/HB 323.
The 2015 amendment, effective July 1, 2015, redesignated former Code Section 42-8-103 as present Code Section 42-8-108; in subsection (a), substituted “board” for “council” and inserted “the amount of fees collected and the nature of such fees, including probation supervision fees, rehabilitation programming fees, electronic monitoring fees, drug or alcohol detection device fees, substance abuse or mental health evaluation or treatment fees, and drug testing fees; the number of community service hours performed by probationers under supervision; a listing of any other service for which a probationer was required to pay to attend;” in the first sentence and added the second sentence; in subsection (b), substituted “an auditor appointed by the affected county, municipality, or consolidated government, Department of Corrections, Department of Community Supervision, State Board of Pardons and Paroles, or the board” for “or the council or its designee” at the end. See Editor’s notes for applicability.
The 2016 amendment, effective July 1, 2016, in the first sentence of subsection (a), substituted “who consented to such contract or agreement and DCS” for “with whom the contract or agreement was made and the board” near the beginning, inserted “if such services are provided directly or otherwise to the extent such fees are known” in the middle, and substituted “DCS” for “the board” near the end; and substituted “DCS” for “Department of Community Supervision” near the end of subsection (b).
The 2017 amendment, effective May 9, 2017, part of an Act to revise, modernize, and correct the Code, inserted “the” preceding “Department of Corrections” and “State Board of Pardons and Paroles” near the end of subsection (b).
Editor’s notes.
Ga. L. 1995, p. 396, § 4, not codified by the General Assembly, provides in subsection (b): “No local funds shall be used to implement Sections 1 and 2 of this Act without the consent of the local governing authority.”
Ga. L. 2015, p. 422, § 6-1/HB 310, not codified by the General Assembly, provides that: “This Act shall become effective July 1, 2015, and shall apply to sentences entered on or after such date.”
Law reviews.
For article on the 2014 amendment of this Code section, see 31 Ga. St. U.L. Rev. 159 (2014).
For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 231 (2015).
For article on the 2016 amendment of this Code section, see 33 Ga. St. U. L. Rev. 139 (2016).
Structure Georgia Code
Article 6 - County and Municipal Probation
§ 42-8-101. Agreements for Probation Services; Termination of Contract for Probation Services
§ 42-8-103. Pay-Only Probation; Discharge or Termination of Probation
§ 42-8-103.1. Serving Consecutive Misdemeanor Sentences
§ 42-8-104. Terms and Conditions of Probation
§ 42-8-106. Advisory Committee Created; Membership
§ 42-8-106.1. Powers and Duties of Board of Community Supervision
§ 42-8-107. Uniform Professional Standards and Uniform Contract Standards
§ 42-8-108. Quarterly Report to Judge and Council; Records to Be Open for Inspection
§ 42-8-109. Private Entities Conflicts of Interest Prohibited
§ 42-8-109.1. Public Entities and Employees Conflicts of Interest Prohibited
§ 42-8-109.2. Confidentiality of Records