§ 42-8-42. Provision of Office Space and Clerical Help by Dcs and Counties
DCS may provide office space and clerical help wherever needed. The counties of this state shall cooperate in this respect and, wherever possible, shall furnish office space if needed. History. Ga. L. 1956, p. 27, § 18; Ga. L. 2015, p. 422, § 4-1/HB 310. The 2015 amendment, effective July 1, 2015, substituted “DCS” for […]
§ 42-8-43. Liberal Construction of Article
This article shall be liberally construed so that its purposes may be achieved. History. Ga. L. 1956, p. 27, § 20; Code 1981, § 42-8-43 , as redesignated by Ga. L. 2015, p. 422, § 4-1/HB 310. The 2015 amendment, effective July 1, 2015, redesignated former Code Section 42-8-44 as present Code Section 42-8-43. See […]
§ 42-8-37. Effect of Termination of Probated Portion of Sentence; Review of Cases of Persons Receiving Probated Sentence; Reports
Upon the termination of the probated portion of a sentence, the probationer shall be released from probation and shall not be liable to sentence for the crime for which probation was allowed; provided, however, that the foregoing shall not be construed to prohibit the conviction and sentencing of the probationer for the subsequent commission of […]
§ 42-8-38. Arrest or Graduated Sanctions for Probationers Violating Terms; Hearing; Disposition of Charge; Procedure When Probation Revoked in County Other Than That of Conviction
Whenever, within the period of probation, an officer believes that a probationer under his or her supervision has violated the terms of probation in a material respect, if graduated sanctions have been made a condition of probation by the court, the officer may impose graduated sanctions as set forth in Code Section 42-8-23 to address […]
§ 42-8-39. Suspension of Sentence Does Not Place Defendant on Probation
In all criminal cases in which the defendant is found guilty or in which a plea of guilty or of nolo contendere is entered and in which the court after imposing sentence further provides that the execution of the sentence shall be suspended, such provision shall not have the effect of placing the defendant on […]
§ 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 […]
§ 42-8-41. Cooperation of State and Local Entities With Probation Officials
All state and local departments, agencies, boards, bureaus, commissions, and committees shall cooperate with officers. History. Ga. L. 1956, p. 27, § 17; Ga. L. 2015, p. 422, § 4-1/HB 310. The 2015 amendment, effective July 1, 2015, substituted “officers” for “the probation officials” in this Code section. See Editor’s notes for applicability. Editor’s notes. […]
§ 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
Any court of this state which has original jurisdiction of criminal actions, except municipal courts and probate courts, in which the defendant in a criminal case has been found guilty upon verdict or plea or has been sentenced upon a plea of nolo contendere, except for an offense punishable by death or life imprisonment, may, […]
§ 42-8-34.1. Revocation of Probated or Suspended Sentence; Alternative Sentencing; Burden of Proof; Length of Probation Supervision
For the purposes of this Code section, the term “special condition of probation or suspension of the sentence” means a condition of a probated or suspended sentence which: Is expressly imposed as part of the sentence in addition to general conditions of probation and court ordered fines and fees; and Is identified in writing in […]
§ 42-8-34.2. Delinquency of Defendant in Payment of Fines, Costs, or Restitution or Reparation; Costs of Garnishment
In the event that a defendant is delinquent in the payment of fines, costs, or restitution or reparation, as was ordered by the court as a condition of probation, the defendant’s officer shall be authorized, but shall not be required, to execute a sworn affidavit wherein the amount of arrearage is set out. In addition, […]