§ 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. […]
§ 42-8-42. 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 […]
§ 42-8-35.1. Probation Boot Camp Unit as Special Alternative Incarceration
Notwithstanding any other terms or conditions of probation which may be imposed, a court may provide that probationers sentenced for felony offenses to a period of time of not less than one year on probation as a condition of probation shall satisfactorily complete a program of confinement in a special alternative incarceration—probation boot camp unit […]
§ 42-8-35.2. Special Term of Probation; When Imposed; Revocation; Suspension
Notwithstanding any other provisions of law, the court, when imposing a sentence of imprisonment after a conviction of a violation of subsection (b) or (d) of Code Section 16-13-30 or after a conviction of a violation of Code Section 16-13-31, shall impose a special term of probation of three years in addition to such term […]
§ 42-8-35.3. Conditions of Probation for Stalking or Aggravated Stalking
Notwithstanding any other terms or conditions of probation which may be imposed, a court sentencing a defendant to probation for a violation of Code Section 16-5-90 or 16-5-91 may impose one or more of the following conditions on such probation: Prohibit the defendant from engaging in conduct in violation of Code Section 16-5-90 or 16-5-91; […]