2020 Georgia Code
Title 42 - Penal Institutions
Chapter 3 - Community Supervision and Transition
Article 3 - Community Service
§ 42-3-52. Community Service or Educational Advancement as Condition of Probation

1. Community service or educational advancement may be considered as a condition of probation or in lieu of court imposed financial obligations with primary consideration given to the following categories of offenders:
   1. Traffic violations;
   2. Ordinance violations;
   3. Noninjurious or nondestructive, nonviolent misdemeanors;
   4. Noninjurious or nondestructive, nonviolent felonies; and
   5. Other offenders considered upon the discretion of the court.
2. The court may confer with the prosecuting attorney, the offender or his or her attorney if the offender is represented by an attorney, a community supervision officer, a community service officer, or other interested persons to determine if community service or educational advancement is appropriate for an offender. A court order shall specify that the court has approved community service or educational assistance for an offender. If community service or educational advancement is ordered, the court shall order:
   1. Not less than 20 hours nor more than 250 hours in cases involving traffic or ordinance violations or misdemeanors, such service to be completed within one year; or
   2. Not less than 20 hours nor more than 500 hours in felony cases, such service to be completed within three years.
3. The court may order an offender to perform community service hours in a 40 hour per week work detail in lieu of incarceration.
4. Community service or educational advancement hours may be added to original court ordered hours as a disciplinary action by the court, as an additional requirement of any program in lieu of incarceration, or as part of the sentencing options system as set forth in Article 6 of this chapter.

(Code 1981, §42-3-52, enacted by Ga. L. 2015, p. 422, § 1-1/HB 310; Ga. L. 2018, p. 550, § 2-11/SB 407.)

The 2018 amendment, effective July 1, 2018, in the introductory paragraph of subsection (a), inserted "or educational advancement" and "or in lieu of court imposed financial obligations"; in subsection (b), substituted "if community service or educational advancement" for "if the community service program" near the end of the first sentence, added the second sentence, and substituted "or educational advancement is ordered," for "is ordered as a condition of probation," in the third sentence; deleted former subsection (c), which read: "(1) Any agency may recommend to the court that certain disabled persons are in need of a live-in attendant. The court shall confer with the prosecuting attorney, the offender or his or her attorney if the offender is represented by an attorney, a community supervision officer, a community service officer, or other interested persons to determine if a community service program involving a disabled person is appropriate for an offender. If community service as a live-in attendant for a disabled person is deemed appropriate and if both the offender and the disabled person consent to such service, the court may order such live-in community service as a condition of probation but for no longer than two years.

"(2) The agency shall be responsible for coordinating the provisions of the cost of food or other necessities for the offender which the disabled person is not able to provide. The agency, with the approval of the court, shall determine a schedule which will provide the offender with certain free hours each week.

"(3) Such live-in arrangement shall be terminated by the court upon the request of the offender or the disabled person. Upon termination of such arrangement, the court shall determine if the offender has met the conditions of probation.

"(4) The appropriate agency shall make personal contact with the disabled person on a frequent basis to ensure the safety and welfare of the disabled person."; redesignated former subsections (d) and (e) as present subsections (c) and (d), respectively; and inserted "or educational advancement" near the beginning of subsection (d).

- This Code section is the same as or substantially similar to former Code Section 42-8-72.

- For article on the 2018 amendment of this Code section, see 35 Ga. St. U. L. Rev. 45 (2018). For annual survey on criminal law, see 70 Mercer L. Rev. 63 (2018).