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Article 2 - State-Wide Probation System
§ 42-8-20. Short Title - This article shall be known and may be cited as...
§ 42-8-21. Definitions - As used in this article, the term: History. Code 1981,...
§ 42-8-22. State-Wide Probation System for Felony Offenders Created; Administration Generally - There is created a state-wide probation system for felony offenders...
§ 42-8-23. Administration of Supervision of Felony Probationers by Dcs; Graduated Sanctions - History. Ga. L. 1972, p. 1069, § 14; Ga. L....
§ 42-8-24. General Duties of Dcs; Rules and Regulations - History. Ga. L. 1956, p. 27, § 4; Ga. L....
§ 42-8-25. Employment of Community Service Officers; Assignment to Circuits by Dcs - DCS shall employ officers. DCS may assign one officer to...
§ 42-8-26. Qualifications of Officer; Compensation and Expenses; Conflicts of Interest; Bonds - History. Ga. L. 1956, p. 27, § 6; Ga. L....
§ 42-8-27. Duties of Officers - An officer shall supervise and counsel probationers and parolees in...
§ 42-8-28. Assignment of Officers Among Judicial Circuits Generally - Officers shall be assigned among the respective judicial circuits based...
§ 42-8-29. Presentence Investigations; Supervision of Probationers; Maintenance of Records Relating to Probationers - History. Ga. L. 1956, p. 27, § 9; Ga. L....
§ 42-8-29.1. Disposition of Officer’s Records; Confidentiality - History. Code 1981, § 42-8-29.1 , enacted by Ga. L....
§ 42-8-30. Applicability of This Article When Private Probation Services Are Utilized - In any county where the chief judge of the superior...
§ 42-8-31. Collection and Disbursement of Funds by Officers; Recordkeeping; Bank Accounts - No officer shall collect or disburse any funds whatsoever, except...
§ 42-8-32. Funds Which May Be Collected by Officers - No officer shall be directed to collect any funds other...
§ 42-8-33. Audits of Accounts of Officers; Records and Reports of Audits; Bonds of Auditors; Refunding Overpayment of Fines, Restitutions, or Moneys Owed - History. Ga. L. 1960, p. 1092, § 2; Ga. L....
§ 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,...
§ 42-8-34.1. Revocation of Probated or Suspended Sentence; Alternative Sentencing; Burden of Proof; Length of Probation Supervision - History. Code 1981, § 42-8-34.1 , enacted by Ga. L....
§ 42-8-34.2. Delinquency of Defendant in Payment of Fines, Costs, or Restitution or Reparation; Costs of Garnishment - History. Code 1981, § 42-8-34.2 , enacted by Ga. L....
§ 42-8-35. Terms and Conditions of Probation; Supervision - History. Ga. L. 1956, p. 27, § 10; Ga. L....
§ 42-8-35.1. Probation Boot Camp Unit as Special Alternative Incarceration - History. Ga. L. 1982, p. 1097, § 1; Code 1981,...
§ 42-8-35.2. Special Term of Probation; When Imposed; Revocation; Suspension - History. Ga. L. 1982, p. 2283, § 1; Code 1981,...
§ 42-8-35.3. Conditions of Probation for Stalking or Aggravated Stalking - Notwithstanding any other terms or conditions of probation which may...
§ 42-8-35.4. Confinement in Probation Detention Center - History. Code 1981, § 42-8-35.4 , enacted by Ga. L....
§ 42-8-35.6. Family Violence Intervention Program Participation as Condition of Probation; Cost Borne by Defendant - History. Code 1981, § 42-8-35.6 , enacted by Ga. L....
§ 42-8-35.7. Drug and Alcohol Screening of Probationers - Unless the court or State Board of Pardons and Paroles...
§ 42-8-36. Duty of Probationer to Inform Officer of Residence and Whereabouts; Violations; Tolling; Unpaid Moneys - History. Ga. L. 1958, p. 15, § 9; Ga. L....
§ 42-8-37. Effect of Termination of Probated Portion of Sentence; Review of Cases of Persons Receiving Probated Sentence; Reports - History. Ga. L. 1956, p. 27, § 11; Ga. L....
§ 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....
§ 42-8-39. Suspension of Sentence Does Not Place Defendant on Probation - In all criminal cases in which the defendant is found...
§ 42-8-40. Confidentiality of Reports, Files, Records, and Other Information Related to Supervision; Exemption From Subpoena; Declassification - All reports, files, records, and information of whatever kind relative...
§ 42-8-41. Cooperation of State and Local Entities With Probation Officials - All state and local departments, agencies, boards, bureaus, commissions, and...
§ 42-8-42. Provision of Office Space and Clerical Help by Dcs and Counties - DCS may provide office space and clerical help wherever needed....
§ 42-8-43. Liberal Construction of Article - This article shall be liberally construed so that its purposes...
Article 3 - First Offenders
§ 42-8-60. Probation Prior to Adjudication of Guilt; Violation of Probation; Review of Criminal Record by Judge - Discharge filed completely exonerates the defendant of any criminal purpose...
§ 42-8-61. Defendant to Be Informed of Eligibility for Sentencing as First Offender - When a defendant is represented by an attorney, his or...
§ 42-8-62. Duty of Clerk to Transfer Information - When an individual is placed on probation or in confinement...
§ 42-8-62.1. Limiting Public Access to First Offender Status; Petitioning; Sealing Record - History. Code 1981, § 42-8-62.1 , enacted by Ga. L....
§ 42-8-63. Effect of Discharge Under Article on Eligibility for Employment or Appointment to Office - Except as provided in Code Section 42-8-63.1, a discharge under...
§ 42-8-63.1. Discharges Disqualifying Individuals From Employment - History. Code 1981, § 42-8-63.1 , enacted by Ga. L....
§ 42-8-64. Appeal of Sentence Imposed Under Article - A defendant sentenced pursuant to this article shall have the...
§ 42-8-65. Use of Prior Finding of Guilt in Subsequent Prosecutions; Modification of Records - History. Ga. L. 1968, p. 324, § 4; Ga. L....
§ 42-8-66. Petition for Exoneration and Discharge; Hearing; Retroactive Grant of First Offender Status; No Filing Fee - History. Code 1981, § 42-8-66 , enacted by Ga. L....
Article 6 - County and Municipal Probation
§ 42-8-100. Definitions - As used in this article, the term: History. Code 1981,...
§ 42-8-101. Agreements for Probation Services; Termination of Contract for Probation Services - History. Code 1981, § 42-8-100 , enacted by Ga. L....
§ 42-8-102. Probation and Supervision; Determination of Fees, Fines, and Restitution; Converting Moneys Owed to Community Service or Educational Advancement; Continuing Jurisdiction; Revocation; Transfer - History. Code 1981, § 42-8-102 , enacted by Ga. L....
§ 42-8-103. Pay-Only Probation; Discharge or Termination of Probation - History. Code 1981, § 42-8-103 , enacted by Ga. L....
§ 42-8-103.1. Serving Consecutive Misdemeanor Sentences - History. Code 1981, § 42-8-103.1 , enacted by Ga. L....
§ 42-8-104. Terms and Conditions of Probation - History. Code 1981, § 42-8-104 , enacted by Ga. L....
§ 42-8-105. Probationer Obligation to Keep Officer Informed of Certain Information; Tolling for Failure to Meet Certain Obligations; Procedure - History. Code 1981, § 42-8-105 , enacted by Ga. L....
§ 42-8-106. Advisory Committee Created; Membership - There is created a judicial advisory committee with respect to...
§ 42-8-106.1. Powers and Duties of Board of Community Supervision - The board shall have the following powers and duties, provided...
§ 42-8-107. Uniform Professional Standards and Uniform Contract Standards - History. Code 1981, § 42-8-102 , enacted by Ga. L....
§ 42-8-108. Quarterly Report to Judge and Council; Records to Be Open for Inspection - History. Code 1981, § 42-8-103 , enacted by Ga. L....
§ 42-8-109. Private Entities Conflicts of Interest Prohibited - History. Code 1981, § 42-8-104 , enacted by Ga. L....
§ 42-8-109.1. Public Entities and Employees Conflicts of Interest Prohibited - History. Code 1981, § 42-8-105 , enacted by Ga. L....
§ 42-8-109.2. Confidentiality of Records - History. Code 1981, § 42-8-106 , enacted by Ga. L....
§ 42-8-109.3. Registration With Board - History. Code 1981, § 42-8-107 , enacted by Ga. L....
§ 42-8-109.4. Applicability of Article to Contractors for Probation Services; Requirements for Private Corporations, Private Enterprises and Private Agencies Entering Into Written Contracts for Services - History. Code 1981, § 42-8-109.4 , enacted by Ga. L....
§ 42-8-109.5. Determination by Court Whether Misdemeanor Probation to Be Supervised by Community Supervision Officer, Private Probation Officer, or Probation Officer - Whenever a probationer is under supervision by a community supervision...
Article 7 - Ignition Interlock Devices
§ 42-8-110. Definitions; Applicability; Purchase or Lease of Ignition Interlock Devices by Counties, Municipalities, or Private Entities; Costs, Fees, and Deposits; Participation by Indigents - History. Code 1981, § 42-8-110 , enacted by Ga. L....
§ 42-8-110.1. Ignition Interlock Device Limited Driving Permit; Restrictions - History. Code 1981, § 42-8-110.1 , enacted by Ga. L....
§ 42-8-111. Court Issuance of Certificate for Installation of Ignition Interlock Devices; Exceptions; Completion of Alcohol and Drug Use Risk Reduction Program; Notice of Requirements; Fees for Driver’s License - For the purposes of this subsection, a plea of nolo...
§ 42-8-112. Timing for Issuance of Ignition Interlock Device Limited Driving Permit; Documentation Required; Reporting Requirement - History. Code 1981, § 42-8-112 , enacted by Ga. L....
§ 42-8-113. Renting, Leasing, or Lending Motor Vehicle to Probationer Subject to This Article Prohibited - History. Code 1981, § 42-8-113 , enacted by Ga. L....
§ 42-8-114. Specifying Provider for Ignition Interlock Device - History. Code 1981, § 42-8-114 , enacted by Ga. L....
§ 42-8-115. Certification of Ignition Interlock Devices - History. Code 1981, § 42-8-115 , enacted by Ga. L....
§ 42-8-116. Warning Labels - The providers certified by the Department of Driver Services shall...
§ 42-8-116.1. Effect of Failing to Comply; Previously Installed Devices - Any other or former provision of this article notwithstanding: History....
§ 42-8-117. Revocation of Driving Privilege Upon Violation of Probation Imposed by Code Section 42-8-111 - History. Code 1981, § 42-8-117 , enacted by Ga. L....
§ 42-8-118. Requesting or Soliciting Another to Blow Into Device; Tampering With or Circumventing Operation of Device - History. Code 1981, § 42-8-118 , enacted by Ga. L....