Georgia Code
Article 2 - State-Wide Probation System
§ 42-8-35. Terms and Conditions of Probation; Supervision

History. Ga. L. 1956, p. 27, § 10; Ga. L. 1958, p. 15, § 11A; Ga. L. 1965, p. 413, § 3; Ga. L. 1992, p. 2125, § 4; Ga. L. 1992, p. 2942, § 2; Ga. L. 2004, p. 761, § 3; Ga. L. 2004, p. 775, § 4; Ga. L. 2006, p. 379, § 25/HB 1059; Ga. L. 2006, p. 425, § 1/HB 692; Ga. L. 2008, p. 810, § 5/SB 474; Ga. L. 2012, p. 899, § 7-8/HB 1176; Ga. L. 2013, p. 222, § 18/HB 349; Ga. L. 2015, p. 422, § 4-1/HB 310; Ga. L. 2021, p. 922, § 42/HB 497.
The 2012 amendment, effective July 1, 2012, in subsection (a), deleted “and” at the end of paragraph (a)(12), substituted a semicolon for a period at the end of paragraph (a)(13), and added paragraphs (a)(14) through (a)(16); and, in subsection (b), deleted former paragraph (b)(2), which read: “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;”, redesignated former paragraphs (b)(3) through (b)(5) as present paragraphs (b)(2) through (b)(4), respectively, and inserted a comma following “Internet access” in paragraph (b)(3). See Editor’s notes for applicability.
The 2013 amendment, effective July 1, 2013, deleted “and” at the end of paragraph (a)(15); substituted “; and” for a period at the end of paragraph (a)(16); and added paragraph (a)(17). See Editor’s notes for applicability.
The 2015 amendment, effective July 1, 2015, substituted “officer” for “probation supervisor” in paragraphs (a)(3) and (a)(16); substituted “officer” for “supervisor” in paragraph (a)(4); substituted “this state” for “the state” in the introductory paragraph of (a)(6); substituted “DCS” for “the department” and “The department” in paragraphs (a)(13) and (a)(14); substituted “of the Board of Community Supervision” for “by the department” in paragraph (a)(14); in paragraph (a)(17), in the second sentence, substituted “DCS” for “The Department of Corrections” and substituted “Board of Community Supervision” for “Department of Corrections”; and substituted “an officer” for “a probation officer” twice in subsection (c). See Editor’s notes for applicability.
The 2021 amendment, effective May 10, 2021, part of an Act to revise, modernize, and correct the Code, substituted “email” for “e-mail” in paragraph (b)(2); and substituted “internet” for “Internet” in paragraphs (b)(2) and (b)(3).
Cross references.
Prohibition against possession of firearms by convicted felons, § 16-11-131 .
Payment of fine as condition to probation for felony conviction, § 17-10-8 .
Code Commission notes.
Pursuant to Code Section 28-9-5, in 1992, paragraph (8), as added by Ga. L. 1992, p. 2942, was redesignated as paragraph (b)(9) and the following paragraphs were redesignated accordingly, and “42-4-71” was substituted for “42-4-51” in present paragraph (b)(9).
Editor’s notes.
Ga. L. 2004, p. 761, § 1, not codified by the General Assembly, provides that: “The General Assembly finds that the safety of the public is a paramount concern and that prison and jail overcrowding and the high cost of incarceration demand a cost effective and innovative approach to protecting communities from dangerous offenders while at the same time providing alternatives to, or bridges to and from incarceration. Under appropriate conditions and limitations, electronic monitoring devices provide the criminal justice system with a tool that should be considered under proper circumstances. Electronic monitoring devices offer effective means to track individuals and may reduce criminal recidivism as well as provide the state with monetary savings since the cost of an electronic monitoring device is far less than the cost of incarcerating an individual and an individual may be able to pay for the device. The criminal penalties provided by this Act are designed to encourage the use of electronic monitoring devices while at the same time discourage interference with these devices.”
Ga. L. 2006, p. 379, § 30/HB 1059, not codified by the General Assembly, provides, in part, that: “The provisions of this Act shall not affect or abate the status as a crime of any such act or omission which occurred prior to the effective date of the Act repealing, repealing and reenacting, or amending such law, nor shall the prosecution of such crime be abated as a result of such repeal, repeal and reenactment, or amendment.”
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. 2013, p. 222, § 21/HB 349, not codified by the General Assembly, provides: “This Act shall become effective on July 1, 2013, and shall apply to offenses which occur on or after that date. Any offense occurring before July 1, 2013, shall be governed by the statute in effect at the time of such offense.”
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, “Limitations Upon Trial Court Discretion in Imposing Conditions of Probation,” see 8 Ga. L. Rev. 466 (1974).
For note on 1992 amendment of this Code section, see 9 Ga. St. U.L. Rev. 310 (1992).
For note, “ ‘158-County Banishment’ in Georgia: Constitutional Implications under the State Constitution and the Federal Right to Travel,” see 36 Ga. L. Rev. 1083 (2002).
For article on 2006 amendment of this Code section, see 23 Ga. St. U. L. Rev. 11 (2006).
For article on the 2012 amendment of this Code section, see 29 Ga. St. U. L. Rev. 290 (2012).
For article, “Appeal and Error: Appeal or Certiorari by State in Criminal Cases,” see 30 Ga. St. U. L. Rev. 17 (2013).
For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 231 (2015).