2020 Georgia Code
Title 42 - Penal Institutions
Chapter 8 - Probation
Article 2 - State-Wide Probation System
§ 42-8-23. Administration of Supervision of Felony Probationers by Dcs; Graduated Sanctions

1. As used in this Code section, the term "chief officer" means the highest ranking field officer in each judicial circuit who does not have direct supervision of the probationer who is the subject of the hearing.
2. DCS shall administer the supervision of felony probationers.
3. If graduated sanctions have been made a condition of probation by the court and if a probationer violates the conditions of his or her probation, other than for the commission of a new offense, DCS may impose graduated sanctions as an alternative to judicial modification or revocation of probation, provided that such graduated sanctions are approved by a chief officer.
4. The failure of a probationer to comply with the graduated sanction or sanctions imposed by DCS shall constitute a violation of probation.
5. A probationer may at any time voluntarily accept the graduated sanctions proposed by DCS.
6. 1. DCS's decision shall be final unless the probationer files an appeal in the sentencing court. Such appeal shall be filed within 30 days of the issuance of the decision by DCS.
   2. Such appeal shall first be reviewed by the sentencing court upon the record. At the court's discretion, a de novo hearing may be held on the decision. The filing of the appeal shall not stay DCS's decision.
   3. When the sentencing court does not act on the appeal within 30 days of the date of the filing of the appeal, DCS's decision shall be affirmed by operation of law.
7. Nothing contained in this Code section shall alter the relationship between judges and officers prescribed in this article nor be construed as repealing any power given to any court of this state to place offenders on probation or to supervise offenders.

(Ga. L. 1972, p. 1069, § 14; Ga. L. 1977, p. 1209, § 2; Ga. L. 1978, p. 1647, § 3; Ga. L. 2000, p. 1643, § 2; Ga. L. 2012, p. 899, § 7-7/HB 1176; Ga. L. 2015, p. 422, § 4-1/HB 310.)

The 2012 amendment, effective July 1, 2012, substituted the present provisions of this Code section for the former provisions, which read: "The department shall administer the supervision of felony probationers. Nothing in this Code section shall alter the relationship between judges and probation supervisors prescribed in this article." See Editor's notes for applicability.

The 2015 amendment, effective July 1, 2015, substituted "DCS" for "The department" and "the department" throughout this Code section; substituted "DCS's" for "The department's" and "the department's" throughout this Code section; deleted "probation" preceding "officer" in two places in subsection (a) and near the end of subsection (c); in paragraph (f)(2), substituted "sentencing court" for "judge" in the first sentence, substituted "court's discretion" for "judge's discretion" in the second sentence; substituted "court" for "judge" in paragraph (f)(3); and substituted "officers" for "probation supervisors" in subsection (g). See Editor's notes for applicability.

- Ga. L. 2012, p. 899, § 9-1(a)/HB 1176, not codified by the General Assembly, provides: "This Act shall become effective on July 1, 2012, and shall apply to offenses which occur on or after that date. Any offense occurring before July 1, 2012, shall be governed by the statute in effect at the time of such offense and shall be considered a prior conviction for the purpose of imposing a sentence that provides for a different penalty for a subsequent conviction for the same type of offense, of whatever degree or level, pursuant to this Act."

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 2012 amendment of this Code section, see 29 Ga. St. U.L. Rev. 290 (2012). For article on the 2015 amendment of this Code section, see 32 Ga. St. U. L. Rev. 231 (2015).

OPINIONS OF THE ATTORNEY GENERAL

State Board of Pardons and Paroles retains quasi-judicial functions and powers.

- Except for the supervision of parolees and the assignment to the Department of Offender Rehabilitation (Corrections) for administrative purposes only, the State Board of Pardons and Paroles retains its quasi-judicial functions and powers as a result of the Executive Reorganization Act of 1972 (Ga. L. 1972, p. 1015, § 3). 1975 Op. Att'y Gen. No. 75-72.

Cited in Wolcott v. State, 278 Ga. 664, 604 S.E.2d 478 (2004).

RESEARCH REFERENCES

ALR.

- Probation officer's liability for negligent supervision of probationer, 44 A.L.R.4th 638.