Community Service or Educational Advancement Program; Letter of Application; Requirements; Limitation of Liability

  1. Law
  2. Georgia Code
  3. Penal Institutions
  4. Community Supervision and Transition
  5. Community Service
  6. Community Service or Educational Advancement Program; Letter of Application; Requirements; Limitation of Liability

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  1. Agencies desiring to allow offenders to participate in their program shall file with the court a letter of application showing:
    1. Eligibility;
    2. Number of offenders who may be placed with the agency;
    3. Work to be performed by the offender; and
    4. Provisions for supervising the offender.
  2. An agency selected by the court shall work with offenders who are assigned to the agency by the court. If an offender violates a court order, the agency shall report such violation to the community service officer.
  3. If an agency violates any court order or this article, the offender shall be removed from the agency and the agency shall no longer be eligible to participate in the court's community service or in an educational advancement program.
  4. No agency or community service officer shall be liable at law as a result of any of such agency's or community service officer's acts performed while an offender was participating in the court's community service or in an educational advancement program. This limitation of liability shall not apply to actions on the part of any agency or community service officer which constitute gross negligence, recklessness, or willful misconduct.

(Code 1981, §42-3-51, enacted by Ga. L. 2015, p. 422, § 1-1/HB 310; Ga. L. 2018, p. 550, § 2-11/SB 407; Ga. L. 2019, p. 1056, § 42/SB 52; Ga. L. 2020, p. 493, § 42/SB 429.)

The 2018 amendment, effective July 1, 2018, substituted "allow offenders to participate in their program" for "participate in a community service program" in subsection (a); substituted "by the court" for "for the community service program" in the first sentence of subsection (b); inserted "or educational advancement" near the end of subsection (c) and near the end of the first sentence of subsection (d); in subsection (c), deleted "provision of" preceding "this article" near the middle, inserted "court's" in the middle; and inserted "an offender was" in the middle of the first sentence of subsection (d).

The 2019 amendment, effective May 12, 2019, part of an Act to revise, modernize, and correct the Code, inserted "with" in the first sentence of subsection (b); and inserted "in an" near the end of the first sentence of subsection (d).

The 2020 amendment, effective July 29, 2020, part of an Act to revise, modernize, and correct the Code, inserted "in an" near the end of subsection (c); and substituted "in the court's community service" for "in community service" in the first sentence of subsection (d).

Editor's notes.

- This Code section is the same or substantially similar to former Code Section 42-8-71.

Law reviews.

- For article on the 2018 amendment of this Code section, see 35 Ga. St. U. L. Rev. 45 (2018).


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