Georgia Code
Article 2 - State-Wide Probation System
§ 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

History. Code 1933, § 27-2702; Ga. L. 1939, p. 285, § 4; Ga. L. 1941, p. 481, § 1; Ga. L. 1950, p. 352, §§ 1, 2; Ga. L. 1956, p. 27, § 8; Ga. L. 1958, p. 15, § 8; Ga. L. 1960, p. 1148, § 1; Ga. L. 1972, p. 604, § 7; Ga. L. 1980, p. 1136, § 1; Ga. L. 1988, p. 988, § 1; Ga. L. 1989, p. 381, §§ 2, 3; Ga. L. 1992, p. 3221, § 5; Ga. L. 1993, p. 426, § 1; Ga. L. 1998, p. 840, § 2; Ga. L. 1999, p. 1271, § 1; Ga. L. 2000, p. 1643, § 2; Ga. L. 2001, p. 4, § 42; Ga. L. 2001, p. 94, § 6; Ga. L. 2004, p. 775, § 3; Ga. L. 2004, Ex. Sess., p. ES3, § 26/HB1EX; Ga. L. 2005, p. 60, § 42/HB 95; Ga. L. 2009, p. 124, § 1/HB 344; Ga. L. 2015, p. 422, § 4-1/HB 310; Ga. L. 2016, p. 443, § 8-4/SB 367; Ga. L. 2017, p. 585, § 2-7/SB 174; Ga. L. 2018, p. 550, § 2-12/SB 407.
The 2015 amendment, effective July 1, 2015, in subsection (a), deleted “juvenile courts,” following “criminal actions, except” and deleted a comma following “municipal courts” near the middle; in subsection (b), in the first sentence, inserted “sentencing” near the beginning, and substituted “an officer” for “the probation supervisor”, in the second sentence, substituted “an officer” for “the supervisor” near the middle, substituted “officer’s recommendation” for “supervisor’s recommendation”, and substituted “such officer” for “the supervisor” near the end; inserted “or her” in the first sentence of subsections (c) and (f); in subsection (c), in the first sentence, substituted “officer” for “probation supervisor” near the end and substituted “the sentence” for “such probation” at the end; substituted “DCS” for “the department” throughout paragraph (d)(1); and, in paragraph (d)(1), substituted “if such defendant” for “where such defendant” near the end of the first sentence, and substituted “Department of Corrections” for “departmental” in the third sentence; substituted “condition of probation” for “condition precedent to probation” in subsection (e); in subsection (g), substituted “Article 6 of Chapter 3 of this title” for “Article 9 of this chapter” near the end of the second sentence and added the third and fourth sentences; in subsection (h), substituted “If a defendant” for “Notwithstanding any provision of this Code or any rule or regulation to the contrary, if a defendant” at the beginning, substituted “such defendant resides” for “he resides” in the middle, deleted “his” preceding “probation supervision”, and substituted “the defendant” for “he” near the end. See Editor’s notes for applicability.
The 2016 amendment, effective July 1, 2016, inserted “family treatment court division,” near the middle of the third sentence of subsection (g).
The 2017 amendment, effective July 1, 2017, substituted the present provisions of subsection (e) for the former provisions, which read: “(e) The court may, in its discretion, require the payment of a fine or costs, or both, as a condition of probation.”
The 2018 amendment, effective July 1, 2018, inserted “or educational advancement” twice in paragraph (e)(2).
Cross references.
Sentence and punishment generally, T. 17, C. 10.
Abandonment of child generally, T. 19, C. 10.
Suspension of sentence in abandonment cases, § 19-10-1(j) .
Editor’s notes.
Ga. L. 1999, p. 1271, § 2, not codified by the General Assembly, provides that the amendment by this Act shall apply with respect to sentences entered on or after that July 1, 1999.
Ga. L. 2001, p. 94, § 1, not codified by the General Assembly, provides that: “This Act shall be known and may be cited as the ‘2001 Crime Prevention Act.’ ”
Ga. L. 2009, p. 124, § 2/HB 344, not codified by the General Assembly, provides, in part, that the amendment to this Code section shall apply to persons convicted on or after July 1, 2009.
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, “A Review of Georgia’s Probation Laws,” see 6 Ga. St. B.J. 255 (1970).
For note on the 2001 amendment to this Code section, see 18 Ga. St. U. L. Rev. 47 (2001).
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).
For article on the 2017 amendment of this Code section, see 34 Ga. St. U. L. Rev. 115 (2017).
For article on the 2018 amendment of this Code section, see 35 Ga. St. U. L. Rev. 45 (2018).