Georgia Code
Article 2 - State-Wide Probation System
§ 42-8-26. Qualifications of Officer; Compensation and Expenses; Conflicts of Interest; Bonds

History. Ga. L. 1956, p. 27, § 6; Ga. L. 1958, p. 15, § 6; Ga. L. 1960, p. 1092, § 1; Ga. L. 1965, p. 413, § 2; Ga. L. 1967, p. 86, § 4; Ga. L. 1972, p. 604, § 5; Ga. L. 1991, p. 94, § 42; Ga. L. 1992, p. 3221, § 4; Ga. L. 1996, p. 1107, § 1; Ga. L. 2005, p. 334, § 24-1/HB 501; Ga. L. 2009, p. 745, § 2/SB 97; Ga. L. 2012, p. 446, § 2-63/HB 642; Ga. L. 2015, p. 422, § 4-1/HB 310.
The 2012 amendment, effective July 1, 2012, inserted “or she” twice in the first sentence of subsection (a); substituted “set pursuant to the rules of the State Personnel Board” for “set by the State Personnel Board and the State Personnel Administration” in the first sentence of subsection (b); and inserted “or her” throughout subsection (d).
The 2015 amendment, effective July 1, 2015, designated the previously existing provisions of subsection (a) as paragraph (a)(1); and, in paragraph (a)(1), substituted the present provisions for the former provisions, which read: “In order for a person to hold the office of probation supervisor, he or she 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 or she 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.”; added paragraph (a)(2); in subsection (b), substituted “officers” for “the probation supervisors” in the first sentence, and substituted “Officers” for “Probation supervisors” at the beginning of the second sentence; substituted “officer” for “supervisor” throughout subsection (c); substituted “an officer” for “probation supervisor” at the end of paragraph (c)(1); substituted “such officer” for “any supervisor” near the middle of second sentence of paragraph (c)(3); in subsection (d), substituted “DCS” for “the department” throughout, in the first sentence, substituted “officer” for “probation supervisor” near the beginning and near the end of the proviso, and substituted “DCS” for “the department payable to the department” in the middle of the first sentence. See Editor’s notes for applicability.
Editor’s notes.
Ga. L. 2012, p. 446, § 3-1/HB 642, not codified by the General Assembly, provides that: “Personnel, equipment, and facilities that were assigned to the State Personnel Administration as of June 30, 2012, shall be transferred to the Department of Administrative Services on the effective date of this Act.” This Act became effective July 1, 2012.
Ga. L. 2012, p. 446, § 3-2/HB 642, not codified by the General Assembly, provides that: “Appropriations for functions which are transferred by this Act may be transferred as provided in Code Section 45-12-90.”
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 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 231 (2015).

Structure Georgia Code

Georgia Code

Title 42 - Penal Institutions

Chapter 8 - Probation

Article 2 - State-Wide Probation System

§ 42-8-20. Short Title

§ 42-8-21. Definitions

§ 42-8-22. State-Wide Probation System for Felony Offenders Created; Administration Generally

§ 42-8-23. Administration of Supervision of Felony Probationers by Dcs; Graduated Sanctions

§ 42-8-24. General Duties of Dcs; Rules and Regulations

§ 42-8-25. Employment of Community Service Officers; Assignment to Circuits by Dcs

§ 42-8-26. Qualifications of Officer; Compensation and Expenses; Conflicts of Interest; Bonds

§ 42-8-27. Duties of Officers

§ 42-8-28. Assignment of Officers Among Judicial Circuits Generally

§ 42-8-29. Presentence Investigations; Supervision of Probationers; Maintenance of Records Relating to Probationers

§ 42-8-29.1. Disposition of Officer’s Records; Confidentiality

§ 42-8-30. Applicability of This Article When Private Probation Services Are Utilized

§ 42-8-31. Collection and Disbursement of Funds by Officers; Recordkeeping; Bank Accounts

§ 42-8-32. Funds Which May Be Collected by Officers

§ 42-8-33. Audits of Accounts of Officers; Records and Reports of Audits; Bonds of Auditors; Refunding Overpayment of Fines, Restitutions, or Moneys Owed

§ 42-8-34. Sentencing Hearings and Determinations; Presentence Investigations; Payment of Fees, Fines, and Costs; Post-Conviction, Presentence Bond; Continuing Jurisdiction; Transferal of Probation Supervision

§ 42-8-34.1. Revocation of Probated or Suspended Sentence; Alternative Sentencing; Burden of Proof; Length of Probation Supervision

§ 42-8-34.2. Delinquency of Defendant in Payment of Fines, Costs, or Restitution or Reparation; Costs of Garnishment

§ 42-8-35. Terms and Conditions of Probation; Supervision

§ 42-8-35.1. Probation Boot Camp Unit as Special Alternative Incarceration

§ 42-8-35.2. Special Term of Probation; When Imposed; Revocation; Suspension

§ 42-8-35.3. Conditions of Probation for Stalking or Aggravated Stalking

§ 42-8-35.4. Confinement in Probation Detention Center

§ 42-8-35.6. Family Violence Intervention Program Participation as Condition of Probation; Cost Borne by Defendant

§ 42-8-35.7. Drug and Alcohol Screening of Probationers

§ 42-8-36. Duty of Probationer to Inform Officer of Residence and Whereabouts; Violations; Tolling; Unpaid Moneys

§ 42-8-37. Effect of Termination of Probated Portion of Sentence; Review of Cases of Persons Receiving Probated Sentence; Reports

§ 42-8-38. Arrest or Graduated Sanctions for Probationers Violating Terms; Hearing; Disposition of Charge; Procedure When Probation Revoked in County Other Than That of Conviction

§ 42-8-39. Suspension of Sentence Does Not Place Defendant on Probation

§ 42-8-40. Confidentiality of Reports, Files, Records, and Other Information Related to Supervision; Exemption From Subpoena; Declassification

§ 42-8-41. Cooperation of State and Local Entities With Probation Officials

§ 42-8-42. Provision of Office Space and Clerical Help by Dcs and Counties

§ 42-8-43. Liberal Construction of Article