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2025 Code of Georgia
Title 42 - Penal Institutions (Chs. 1 — 13)
Chapter 8 - Probation (Arts. 1 — 9)
Article 2 - State-Wide Probation System (§§ 42-8-20 — 42-8-44)
Annotations
Notes
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.”
JUDICIAL DECISIONS
Construction. —State-wide probation system is strictly construed in favor of a defendant. Helton v. State, 166 Ga. App. 565, 305 S. E.2d 27, 1983 Ga. App. LEXIS 2251 (1983).
Research References & Practice Aids
Law reviews.For article, “Where is the Strike Zone? Arguing for a Uniformly Narrow Interpretation of the Prison Litigation Reform Act’s ‘Three Strikes’ Rule,” see 70 Emory L. J. 755 (2021).
RESEARCH REFERENCES ALR.Revocation of probation based on defendant’s misrepresentation or concealment of information from trial court, 36 A. L. R.4th 1182.
Hierarchy Notes:O. C. G. A. Title 42
O. C. G. A. Title 42, Ch. 8
Universal Citation:
O.C.G.A. Title 42, Ch. 8, Art. 2
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- § 42-8-20. Short title
- § 42-8-21. Definitions
- § 42-8-22. State-wide probation system for felony offenders created; administration generally
- § 42-8-23. Administration of supervision of felony probationers by DCS; graduated sanctions
- § 42-8-24. General duties of DCS; rules and regulations
- § 42-8-25. Employment of community service officers; assignment to circuits by DCS
- § 42-8-26. Qualifications of officer; compensation and expenses; conflicts of interest; bonds
- § 42-8-27. Duties of officers
- § 42-8-28. Assignment of officers among judicial circuits generally
- § 42-8-29. Presentence investigations; supervision of probationers; maintenance of records relating to probationers
- § 42-8-29.1. Disposition of officer’s records; confidentiality
- § 42-8-30. Applicability of this article when private probation services are utilized
- § 42-8-30.1. Redesignated
- § 42-8-31. Collection and disbursement of funds by officers; recordkeeping; bank accounts
- § 42-8-32. Funds which may be collected by officers
- § 42-8-33. Audits of accounts of officers; records and reports of audits; bonds of auditors; refunding overpayment of fines, restitutions, or moneys owed
- § 42-8-34. Sentencing hearings and determinations; presentence investigations; payment of fees, fines, and costs; post-conviction, presentence bond; continuing jurisdiction; transferal of probation supervision
- § 42-8-34.1. Revocation of probated or suspended sentence; alternative sentencing; burden of proof; length of probation supervision
- § 42-8-34.2. Delinquency of defendant in payment of fines, costs, or restitution or reparation; costs of garnishment
- § 42-8-35. Terms and conditions of probation; supervision
- § 42-8-35.1. Probation boot camp unit as special alternative incarceration
- § 42-8-35.2. Special term of probation; when imposed; revocation; suspension
- § 42-8-35.3. Conditions of probation for stalking or aggravated stalking
- § 42-8-35.4. Confinement in probation detention center
- § 42-8-35.5. [Reserved] Confinement in probation diversion center
- § 42-8-35.6. Family violence intervention program participation as condition of probation; cost borne by defendant
- § 42-8-35.7. Drug and alcohol screening of probationers
- § 42-8-36. Duty of probationer to inform officer of residence and whereabouts; violations; tolling; unpaid moneys
- § 42-8-37. Effect of termination of probated portion of sentence; review of cases of persons receiving probated sentence; reports
- § 42-8-38. [Effective July 1, 2026] Arrest or graduated sanctions for probationers violating terms; hearing; disposition of charge; procedure when probation revoked in county other than that of conviction
- § 42-8-39. Suspension of sentence does not place defendant on probation
- § 42-8-40. Confidentiality of reports, files, records, and other information related to supervision; exemption from subpoena; declassification
- § 42-8-41. Cooperation of state and local entities with probation officials
- § 42-8-42. Provision of office space and clerical help by DCS and counties
- § 42-8-43. Liberal construction of article
- §§ 42-8-43.1 through 42-8-43.3. [Repealed]
- § 42-8-44. Redesignated
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