In all criminal cases in which the defendant is found guilty or in which a plea of guilty or of nolo contendere is entered and in which the court after imposing sentence further provides that the execution of the sentence shall be suspended, such provision shall not have the effect of placing the defendant on probation as provided in this article.
History. Ga. L. 1956, p. 27, § 13; Ga. L. 1960, p. 1148, § 2; Ga. L. 1965, p. 413, § 4; Ga. L. 2015, p. 422, § 4-1/HB 310.
The 2015 amendment, effective July 1, 2015, substituted “court” for “trial judge” in the middle of this Code section. See Editor’s notes for applicability.
Editor’s notes.
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
Article 2 - State-Wide Probation System
§ 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
§ 42-8-28. Assignment of Officers Among Judicial Circuits Generally
§ 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
§ 42-8-35. 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
§ 42-8-35.7. Drug and Alcohol Screening of Probationers
§ 42-8-39. Suspension of Sentence Does Not Place Defendant on Probation
§ 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