Authorization to Impose Administrative Sanctions; Petition; Hearing; Administrative Proceeding

  1. Law
  2. Georgia Code
  3. Penal Institutions
  4. Community Supervision and Transition
  5. Probation Management
  6. Authorization to Impose Administrative Sanctions; Petition; Hearing; Administrative Proceeding

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  1. If an options system probationer violates the conditions of probation, DCS may impose administrative sanctions as an alternative to judicial modification or revocation of probation.
  2. Upon issuance of a petition outlining the alleged probation violations, the chief community supervision officer, or his or her designee, may conduct a hearing to determine whether an options system probationer has violated a condition of probation. If the chief community supervision officer determines that the probationer has violated a condition of probation, the chief community supervision officer shall be authorized to impose sanctions consistent with paragraphs (4) through (6) of subsection (c) of Code Section 42-3-113. The failure of an options system probationer to comply with a sanction imposed by the chief community supervision officer shall constitute a violation of probation.
    1. Upon issuance of a petition outlining the alleged probation violations, the hearing officer may initiate an administrative proceeding to determine whether an options system probationer has violated a condition of probation. If the hearing officer determines by a preponderance of the evidence that the probationer has violated a condition of probation, the hearing officer may impose sanctions consistent with Code Section 42-3-113.
    2. The administrative proceeding provided for under this subsection shall be commenced within 15 days but not less than 48 hours after notice of the administrative proceeding has been served on the probationer. The administrative proceeding may be conducted electronically.
  4. The failure of a probationer to comply with the sanction or sanctions imposed by the chief community supervision officer or hearing officer shall constitute a violation of probation.
  5. An options system probationer may at any time waive a hearing and voluntarily accept the sanctions proposed by DCS.

(Code 1981, §42-3-115, enacted by Ga. L. 2015, p. 422, § 1-1/HB 310; Ga. L. 2016, p. 864, § 42/HB 737.)

The 2016 amendment, effective May 3, 2016, part of an Act to revise, modernize, and correct the Code, substituted "paragraphs (4) through (6)" for "paragraphs (4) through (7)" in the second sentence of subsection (b).


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