Georgia Code
Article 2 - State-Wide Probation System
§ 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

History. Ga. L. 1956, p. 27, § 12; Ga. L. 1960, p. 857, § 1; Ga. L. 1966, p. 440, § 1; Ga. L. 2012, p. 899, § 7-11/HB 1176; Ga. L. 2015, p. 422, § 4-1/HB 310.
The 2012 amendment, effective July 1, 2012, in the first sentence of subsection (a), twice inserted “or her” near the beginning, substituted “respect, if graduated sanctions have been made a condition of probation by the court, the probation supervisor may impose graduated sanctions as set forth in Code Section 42-8-23 to address the specific conduct leading to such violation or, if the circumstances warrant, may” for “respect, he may”, and substituted “return the probationer” for “return him”. See Editor’s notes for applicability.
The 2015 amendment, effective July 1, 2015, in subsection (a), in the first sentence, substituted “an officer” for “a probation supervisor” near the beginning, substituted “violated the terms of probation” for “violated his or her probation” near the middle, substituted “officer” for “probation supervisor” in the middle; in subsection (b), in the first sentence, substituted “the probationer” for “him” twice, and added a comma following “hearing”, inserted “or her” in the second sentence; inserted “or she” in the last sentence of subsection (c); and in subsection (d), in the first sentence, substituted “minutes of the court” for “judge’s minute docket” in the middle, and substituted “such court” for “that court” near the end, substituted “DCS and the Department of Corrections” for “the department” in the second sentence, and substituted “Department of Corrections” for “department” in the last sentence. See Editor’s notes for applicability.
Editor’s notes.
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 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 comment criticizing Mercer v. Hopper, 233 Ga. 620 , 212 S.E.2d 799 (1975), see 27 Mercer L. Rev. 325 (1975).
For survey article on criminal law and procedure for the period from June 1, 2002 through May 31, 2003, see 55 Mercer L. Rev. 117 (2003).
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).

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