2020 Georgia Code
Title 42 - Penal Institutions
Chapter 8 - Probation
Article 2 - State-Wide Probation System
§ 42-8-22. State-Wide Probation System for Felony Offenders Created; Administration Generally

There is created a state-wide probation system for felony offenders to be administered by DCS. Separate files and records shall be kept with relation to the system.

(Ga. L. 1956, p. 27, § 2; Ga. L. 1958, p. 15, § 1; Ga. L. 1962, p. 16, § 1; Ga. L. 1966, p. 56, § 1; Ga. L. 1985, p. 283, § 1; Ga. L. 2000, p. 1643, § 2; Ga. L. 2015, p. 422, § 4-1/HB 310.)

The 2015 amendment, effective July 1, 2015, substituted the present provisions of this Code section for the former provisions, which read: "There is created a state-wide probation system for felony offenders to be administered by the Department of Corrections. The probation system shall not be administered as part of the duties and activities of the State Board of Pardons and Paroles. Separate files and records shall be kept with relation to the system." See Editor's notes for applicability.

- Ga. L. 1972, p. 1069, § 13, provides that the policy-making functions of the probation system be vested in the Board of Offender Rehabilitation (now Board of Corrections) and that the administrative functions be vested in the Department of Offender Rehabilitation (now Department of Corrections).

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."

- For article on the 2015 amendment of this Code section, see 32 Ga. St. U. L. Rev. 231 (2015).

Cited in Vandiver v. Manning, 215 Ga. 874, 114 S.E.2d 121 (1960); Knowles v. State, 159 Ga. App. 239, 283 S.E.2d 51 (1981); Sentinel Offender Svcs., LLC v. Glover, 296 Ga. 315, 766 S.E.2d 456 (2014).

OPINIONS OF THE ATTORNEY GENERAL

Not administered as part of State Board of Pardons and Paroles.

- Whatever right, if any, the State Board of Pardons and Paroles may have had to require waiver of extradition by probationers under Ga. L. 1943, p. 185 (see now O.C.G.A. Ch. 9, T. 42), it is clear that it retains no such right under Ga. L. 1956, p. 27 (see now O.C.G.A. Art. 2, Ch. 8, T. 42), for Ga. L. 1956, p. 27, § 2 (see now O.C.G.A. § 42-8-22) provides that "such probation system shall not be administered as part of the duties and activities of the Board of Pardons and Paroles." 1958-59 Op. Att'y Gen. p. 223.

Board's functions are separate and distinct from those of the Department of Corrections' Probation Division. 1986 Op. Att'y Gen. No. 86-7.

RESEARCH REFERENCES

Am. Jur. 2d.

- 21 Am. Jur. 2d, Criminal Law, § 526-536. 59 Am. Jur. 2d, Pardon and Parole, § 74. 63A Am. Jur. 2d, Public Officers and Employees, §§ 21, 36, 37, 40, 44, 52, 56, 431 et seq., 448 et seq., 461.

- 24 C.J.S., Criminal Law, §§ 2155-2165. 67 C.J.S., Officers, §§ 318, 323, 325. 67A C.J.S., Pardon and Parole, §§ 4-6, 18. 73 C.J.S., Public Administrative Law and Procedure, §§ 10, 11, 23, 36, 37.