2020 Georgia Code
Title 42 - Penal Institutions
Chapter 3 - Community Supervision and Transition
Article 5 - Diversion Center and Program for Violation of Alimony and Child Support Orders
§ 42-3-90. Establishment of Diversion Center; Authorization for Travel to and From Employment; Requirements During Confinement at Diversion Center

A county shall be authorized to establish a diversion center under the direction of the sheriff of the county in which the diversion center is located and a diversion program for the confinement of certain individuals who have been found in contempt of court for violation of orders granting temporary or permanent alimony or child support and sentenced pursuant to subsection (c) of Code Section 15-1-4. While in such diversion program, the respondent shall be authorized to travel to and from his or her place of employment and to continue his or her occupation. The official in charge of the diversion program or his or her designee shall prescribe the routes, manner of travel, and periods of travel to be used by the respondent in attending to his or her occupation. If the respondent's occupation requires the respondent to travel away from his or her place of employment, the amount and conditions of such travel shall be approved by the official in charge of the diversion center or his or her designee. When the respondent is not traveling to or from his or her place of employment or engaging in his or her occupation, such respondent shall be confined in the diversion center during the term of the sentence. With the approval of the sheriff or his or her designee, the respondent may participate in educational or counseling programs offered at the diversion center. While participating in the diversion program, such respondent shall be liable for alimony or child support as previously ordered, including arrears, and his or her income shall be subject to the provisions of Code Sections 19-6-30 through 19-6-33.1 and Chapter 11 of Title 19. In addition, should any funds remain after payment of child support or alimony, such respondent may be charged a fee payable to the county operating the diversion program to cover the costs of his or her incarceration and the administration of the diversion program which fee shall be not more than $30.00 per day or the actual per diem cost of maintaining the respondent, whichever is less, for the entire period of time such respondent is confined to the diversion center and participating in the diversion program. If such respondent fails to comply with any of the requirements imposed upon him or her in accordance with this Code section, nothing shall prevent the sentencing judge from revoking such assignment to such diversion program and providing for alternative methods of incarceration.

(Code 1981, §42-3-90, enacted by Ga. L. 2015, p. 422, § 1-1/HB 310; Ga. L. 2017, p. 646, § 2-5/SB 137.)

The 2017 amendment, effective July 1, 2017, substituted "individuals" for "persons" in the middle of the first sentence; substituted "such respondent" for "such person" in the middle of the fifth sentence; in the seventh sentence, substituted "such respondent" for "the respondent" near the beginning and substituted "19-6-33.1" for "19-6-33" near the end; in the next-to-last sentence, substituted "such respondent" for "the respondent", substituted "such respondent" for "the person", deleted "and" following "be charged", and twice inserted "diversion"; and, in the last sentence, substituted "such respondent" for "the respondent" near the beginning, and substituted "such diversion program" for "a diversion program" near the end.

- Pursuant to Code Section 28-9-5, in 2015, "and" was deleted following "the respondent may be charged" in the middle of this Code section.

- This Code section is the same as or substantially similar to former Code Section 42-8-130.

ARTICLE 6 PROBATION MANAGEMENT

Editor's notes.

- This article is the same as or substantially similar to former Article 9 of Chapter 8 of Title 42.