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Construction of Chapter

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Nothing in this chapter shall limit or affect the power of any court to proceed in accordance with any other applicable provisions of law.
Nothing in this chapter shall be construed in any way to amend, repeal, or affect the jurisdiction of the juvenile court system of this state.
Nothing in this chapter shall be construed in any way to amend, repeal, or affect the jurisdiction of the State Board of Pardons and Paroles. A person sentenced under this chapter shall have his eligibility for parole computed in the same manner as other offenders sentenced to the jurisdiction of the department.

(Code 1981, §42-7-9, enacted by Ga. L. 1985, p. 420, § 1.)

Cross references.

- Juvenile proceedings generally, T. 15, C. 11.

JUDICIAL DECISIONS

Failure to consider Youthful Offender Act not cognizable in habeas proceeding.

- Habeas applicant's claim that the sentencing court in the applicant's statutory rape trial improperly failed to consider the Youthful Offender Act, O.C.G.A. § 42-7-1 et seq., when it sentenced the applicant was not of constitutional dimensions and so was not cognizable in a habeas action. O.C.G.A. § 9-14-42(a) required that there be a substantial denial of his constitutional rights, and O.C.G.A. § 42-7-9(a) provided that nothing in the Act affected the power of any court to proceed under other laws. Conley v. Pate, 305 Ga. 333, 825 S.E.2d 135 (2019).

Cited in Woods v. State, 233 Ga. 347, 211 S.E.2d 300 (1974); Duncan v. State, 148 Ga. App. 685, 252 S.E.2d 190 (1979); Beasley v. State, 161 Ga. App. 737, 288 S.E.2d 759 (1982).

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the statutory provisions, opinions rendered under former Chapter 7 of this title, relating to the powers and duties of the former Youthful Offender Division of the Department of Offender Rehabilitation (now Department of Corrections) are included in the annotations for this Code section. See the Editor's notes under the Chapter 7 heading.

Giving of standard sentence to previous offender by second court.

- Subsection (a) of the former statute could be read as implicitly recognizing the power of a second court to give a standard prison sentence to a person who had previously been sentenced as a youthful offender. 1973 Op. Att'y Gen. No. 73-82 (decided under former law).

CHAPTER 8 PROBATION Article 1 Advisory Council for Probation.

42-8-1. Creation; composition; selection of members; terms of office [Repealed].

Article 2 State-wide Probation System.

42-8-20. Short title.
42-8-21. Definitions.
42-8-22. State-wide probation system for felony offenders created; administration generally.
42-8-23. Administration of supervision of felony probationers by DCS; graduated sanctions.
42-8-24. General duties of DCS; rules and regulations.
42-8-25. Employment of community service officers; assignment to circuits by DCS.
42-8-26. Qualifications of officer; compensation and expenses; conflicts of interest; bonds.
42-8-27. Duties of officers.
42-8-28. Assignment of officers among judicial circuits generally.
42-8-29. Presentence investigations; supervision of probationers; maintenance of records relating to probationers.
42-8-29.1. Disposition of officer's records; confidentiality.
42-8-30. Applicability of this article when private probation services are utilized.
42-8-30.1. Redesignated.
42-8-31. Collection and disbursement of funds by officers; record-keeping; bank accounts.
42-8-32. Funds which may be collected by officers.
42-8-33. Audits of accounts of officers; records and reports of audits; bonds of auditors; refunding overpayment of fines, restitutions, or moneys owed.
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.
42-8-34.1. Revocation of probated or suspended sentence; alternative sentencing; burden of proof; length of probation supervision.
42-8-34.2. Delinquency of defendant in payment of fines, costs, or restitution or reparation; costs of garnishment.
42-8-35. Terms and conditions of probation; supervision.
42-8-35.1. Probation boot camp unit as special alternative incarceration.
42-8-35.2. Special term of probation; when imposed; revocation; suspension.
42-8-35.3. Conditions of probation for stalking or aggravated stalking.
42-8-35.4. Confinement in probation detention center.
42-8-35.5. Confinement in probation diversion center [Repealed].
42-8-35.6. Family violence intervention program participation as condition of probation; cost borne by defendant.
42-8-35.7. Drug and alcohol screening of probationers.
42-8-36. Duty of probationer to inform officer of residence and whereabouts; violations; tolling; unpaid moneys.
42-8-37. Effect of termination of probated portion of sentence; review of cases of persons receiving probated sentence; reports.
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.
42-8-39. Suspension of sentence does not place defendant on probation.
42-8-40. Confidentiality of reports, files, records, and other information related to supervision; exemption from subpoena; declassification.
42-8-41. Cooperation of state and local entities with probation officials.
42-8-42. Provision of office space and clerical help by DCS and counties.
42-8-43. Liberal construction of article.
42-8-43.1 through 42-8-43.3 [Repealed].
42-8-44. Redesignated.

Article 3 First Offenders.

42-8-60. Probation prior to adjudication of guilt; violation of probation; review of criminal record by judge.
42-8-61. Defendant to be informed of eligibility for sentencing as first offender.
42-8-62. Duty of clerk to transfer information.
42-8-62.1. Limiting public access to first offender status; petitioning; sealing record.
42-8-63. Effect of discharge under article on eligibility for employment or appointment to office.
42-8-63.1. Discharges disqualifying individuals from employment.
42-8-64. Appeal of sentence imposed under article.
42-8-65. Use of prior finding of guilt in subsequent prosecutions; modification of records.
42-8-66. Petition for exoneration and discharge; hearing; retroactive grant of first offender status; no filing fee.

Article 4 Participation of Probationers in Community Service Programs.

42-8-70 through 42-8-74 [Repealed].

Article 5 Pretrial Release and Diversion Programs.

42-8-80 through 42-8-84 [Repealed].

Article 6 County and Municipal Probation.

42-8-100. Definitions.
42-8-101. Agreements for probation services; termination of contract for probation services.
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.
42-8-103. Pay-only probation; discharge or termination of probation.
42-8-103.1. Serving consecutive misdemeanor sentences.
42-8-104. Terms and conditions of probation.
42-8-105. Probationer obligation to keep officer informed of certain information; tolling for failure to meet certain obligations; procedure.
42-8-106. Advisory committee created; membership.
42-8-106.1. Powers and duties of Board of Community Supervision.
42-8-107. Uniform professional standards and uniform contract standards.
42-8-108. Quarterly report to judge and council; records to be open for inspection.
42-8-109. Private entities conflicts of interest prohibited.
42-8-109.1. Public entities and employees conflicts of interest prohibited.
42-8-109.2. Confidentiality of records.
42-8-109.3. Registration with board.
42-8-109.4. Applicability of article to contractors for probation services; requirements for private corporations, private enterprises and private agencies entering into written contracts for services.
42-8-109.5. Determination by court whether misdemeanor probation to be supervised by community supervision officer, private probation officer, or probation officer.

Article 7 Ignition Interlock Devices.

42-8-110. Definitions; applicability; purchase or lease of ignition interlock devices by counties, municipalities, or private entities; costs, fees, and deposits; participation by indigents.
42-8-110.1. Ignition interlock device limited driving permit; restrictions.
42-8-111. Court issuance of certificate for installation of ignition interlock devices; exceptions; completion of alcohol and drug use risk reduction program; notice of requirements; fees for driver's license.
42-8-112. (See Editor's notes.) Timing for issuance of ignition interlock device limited driving permit; documentation required; reporting requirement.
42-8-113. Renting, leasing, or lending motor vehicle to probationer subject to this article prohibited.
42-8-114. Specifying provider for ignition interlock device.
42-8-115. Certification of ignition interlock devices.
42-8-116. Warning labels.
42-8-116.1. Effect of failing to comply; previously installed devices.
42-8-117. Revocation of driving privilege upon violation of probation imposed by Code Section 42-8-111.
42-8-118. Requesting or soliciting another to blow into device; tampering with or circumventing operation of device.

Article 8 Diversion Center and Program.

42-8-130. Establishment; obligations of respondent; confinement; fee; alternative methods of incarceration [Repealed].

Article 9 Probation Management.

42-8-150 through 42-8-159 [Repealed].

Law reviews.

- For article, "A Review of Georgia's Probation Laws," see 6 Ga. St. B.J. 255 (1970). For article, "Constructing Recidivism Risk," see 67 Emory L.J. 59 (2017). For note, "Give It to Me, I'm Worth It: The Need to Amend Georgia's Record Restriction Statute to Provide Ex-Offenders with a Second Chance in the Employment Sector," see 52 Ga. L. Rev. 267 (2017).

RESEARCH REFERENCES

Governmental Entity's Liability for Injuries Caused by Negligently Released Individual, 19 POF2d 583.

ALR.

- Right of convicted defendant to refuse probation, 28 A.L.R.4th 736.

ARTICLE 1 ADVISORY COUNCIL FOR PROBATION

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