2020 Georgia Code
Title 42 - Penal Institutions
Chapter 8 - Probation
Article 2 - State-Wide Probation System
§ 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 to the supervision of probationers and parolees are declared to be confidential and shall be available only to the probation system officials, the judge handling a particular case, the Board of Community Supervision, DCS, the Department of Corrections, the Department of Juvenile Justice, and the State Board of Pardons and Paroles, as appropriate. Such reports, files, records, and information shall not be subject to process of subpoena; provided, however, that the commissioner of community supervision may by written order declassify any such records.
(Ga. L. 1956, p. 27, § 19; Ga. L. 1958, p. 15, § 11; Ga. L. 2003, p. 421, § 1; Ga. L. 2011, p. 620, § 1/SB 214; Ga. L. 2015, p. 422, § 4-1/HB 310.)
The 2015 amendment, effective July 1, 2015, rewrote this Code section. See Editor's notes for applicability.
Cross references.- Inspection of public records generally, § 50-18-70 et seq.
Editor's notes.- 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."
Law reviews.- For article on the 2015 amendment of this Code section, see 32 Ga. St. U. L. Rev. 231 (2015).
JUDICIAL DECISIONS
Applicability to presentence investigation reports.
- This section applies to presentence investigation reports. Mills v. State, 244 Ga. 186, 259 S.E.2d 445 (1979).
Right to verbatim copy of presentence report.
- Defendant has no constitutional right to a verbatim copy of the presentence investigation report for use in sentence review process. Hence, this section is not unconstitutional on the ground the statute prohibits a defendant from obtaining access to the report. Mills v. State, 244 Ga. 186, 259 S.E.2d 445 (1979).
Right to compulsory process.
- O.C.G.A. § 42-8-40 unconstitutionally limited a criminal defendant's constitutional right to compulsory process when the statute was applied to prevent the defendant obtaining a copy of the results of a drug test in order to put forth a defense in a criminal trial. Dean v. State, 267 Ga. 306, 477 S.E.2d 573 (1996).
Revealing presentence report to counsel.
- If a presentence probation report contains any matter adverse to the defendant and likely to influence the decision to suspend or probate the sentence, it should be revealed to defense counsel by the trial judge in advance of the presentence hearing to give the accused an opportunity for explanation or rebuttal. Benefield v. State, 140 Ga. App. 727, 232 S.E.2d 89 (1976).
Refreshing recollection with confidential presentence investigation report.
- In a proceeding to terminate the parental rights of a father who had been convicted of molesting his children, the trial court did not err in allowing a probation official to use a confidential presentence investigation report to refresh his recollection about interviews he had with the father. In re S.M.L., 228 Ga. App. 81, 491 S.E.2d 186 (1997).
Testimony relating to confidential records and petitions barred.
- When records and petitions to revoke probation have been declared confidential and not subject to process of subpoena by statute, the trial court in probation revocation hearing does not err in refusing to admit testimony relating to them. Penney v. State, 157 Ga. App. 737, 278 S.E.2d 460 (1981).
RESEARCH REFERENCES
Am. Jur. 2d.
- 21 Am. Jur. 2d, Criminal Law, §§ 526-536.
C.J.S.- 24 C.J.S., Criminal Law, §§ 2144-2161.
ALR.- Right of convicted defendant or prosecution to receive updated presentence report at sentencing proceedings, 22 A.L.R.5th 660.
