2025 Code of Georgia
Title 42 - Penal Institutions (Chs. 1 — 13)
Chapter 8 - Probation (Arts. 1 — 9)
Article 6 - County and Municipal Probation (§§ 42-8-100 — 42-8-109.5)
Annotations
Notes
Editor’s notes.Ga. L. 2015, p. 422, § 3-1/HB 310, not codified by the General Assembly, provides that: “(a) The General Assembly finds that:
“(1) The authorization for county and municipal probation offices and private probation services was enacted to provide cost savings to the state by using state probation services for felony offenders and utilizing county and municipal probation offices and private probation entities which contract with courts for the supervision of misdemeanor and county and city ordinance offenders;
“(2) In enacting such legislation, the General Assembly intended to authorize judges to use county and municipal probation offices and private probation services providers to supervise misdemeanor and county and city ordinance offenders in the same manner as the judges of the superior courts use state probation services as a means of supervising felony offenders;
“(3) The General Assembly did not intend to restrict the powers of judges to impose, suspend, toll, revoke, or otherwise manage the probation of misdemeanor and county and city ordinance offenders sentenced in such courts when utilizing county and municipal probation offices and private probation services providers; and
“(4) The General Assembly intended that county and municipal probation officers and private probation officers, when acting in performance of their official duties in supervising probationers in accordance with law and the orders of a court, would have the same rights, authority, and protections as state probation supervisors.
“(b) It is the intention of the General Assembly to improve the use and provision of probation services by courts for misdemeanor and ordinance violations by enacting this part.”
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
Electronic monitoring. —Trial court erred in holding that the imposition of electronic monitoring on misdemeanor defendants supervised by private probation servicing companies was prohibited. Sentinel Offender Services, LLC v. Glover, 296 Ga. 315, 766 S. E.2d 456 (2014).
Research References & Practice Aids
Cross references.Payments into the Georgia Crime Victims Emergency Fund, § 17151 et seq.
Administrative rules and regulations.Probation Services, Official Compilation of the Rules and Regulations of the State of Georgia, County and Municipal Probation Advisory Council, Chapter 503-1.
Hierarchy Notes:O. C. G. A. Title 42
O. C. G. A. Title 42, Ch. 8
- § 42-8-100. Definitions
- § 42-8-101. Agreements for probation services; termination of contract for probation services
- § 42-8-102. Probation and supervision; determination of fees, fines, and restitution; converting moneys owed to community service or educational advancement; continuing jurisdiction; revocation; transfer
- § 42-8-103. Pay-only probation; discharge or termination of probation
- § 42-8-103.1. Serving consecutive misdemeanor sentences
- § 42-8-104. Terms and conditions of probation
- § 42-8-105. Probationer obligation to keep officer informed of certain information; tolling for failure to meet certain obligations; procedure
- § 42-8-106. Advisory committee created; membership
- § 42-8-106.1. Powers and duties of Board of Community Supervision
- § 42-8-107. Uniform professional standards and uniform contract standards
- § 42-8-108. Quarterly report to judge and council; records to be open for inspection
- § 42-8-109. Private entities conflicts of interest prohibited
- § 42-8-109.1. Public entities and employees conflicts of interest prohibited
- § 42-8-109.2. Confidentiality of records
- § 42-8-109.3. Registration with board
- § 42-8-109.4. Applicability of article to contractors for probation services; requirements for private corporations, private enterprises and private agencies entering into written contracts for services
- § 42-8-109.5. Determination by court whether misdemeanor probation to be supervised by community supervision officer, private probation officer, or probation officer
