§ 42-8-101. Agreements for Probation Services; Termination of Contract for Probation Services
Upon the request of the chief judge of any court within a county and with the express written consent of such judge, the governing authority of such county shall be authorized to enter into written contracts with corporations, enterprises, or agencies to provide probation supervision, counseling, collection services for all moneys to be paid by […]
§ 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 […]
§ 42-8-102. Probation and Supervision; Determination of Fees, Fines, and Restitution; Converting Moneys Owed to Community Service or Educational Advancement; Continuing Jurisdiction; Revocation; Transfer
Any court which has original jurisdiction of ordinance violations or misdemeanors and in which the defendant in such a case has been found guilty upon verdict or has pled guilty or nolo contendere may, at a time to be determined by the court, hear and determine the question of the probation of such defendant. If […]
§ 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 […]
§ 42-8-103. Pay-Only Probation; Discharge or Termination of Probation
As used in this Code section, the term “pay-only probation” means a defendant has been placed under probation supervision solely because such defendant is unable to pay the court imposed fines and statutory surcharges when such defendant’s sentence is imposed. Such term shall not include circumstances when restitution has been imposed or other probation services […]
§ 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 […]
§ 42-8-60. Probation Prior to Adjudication of Guilt; Violation of Probation; Review of Criminal Record by Judge
When a defendant has not been previously convicted of a felony, the court may, upon a guilty verdict or plea of guilty or nolo contendere and before an adjudication of guilt, without entering a judgment of guilt and with the consent of the defendant, defer further proceedings and: Place the defendant on probation; or Sentence […]
§ 42-8-61. Defendant to Be Informed of Eligibility for Sentencing as First Offender
When a defendant is represented by an attorney, his or her attorney shall be responsible for informing the defendant as to his or her eligibility for sentencing as a first offender. When a defendant is pro se, the court shall inquire as to the defendant’s interest in entering a plea pursuant to the terms of […]