Serving Consecutive Misdemeanor Sentences

1. Law
2. Georgia Code
3. Penal Institutions
4. Probation
5. County and Municipal Probation
6. Serving Consecutive Misdemeanor Sentences

1. When a defendant is serving consecutive misdemeanor sentences, whether as a result of one case from one jurisdiction or multiple cases from multiple jurisdictions, upon motion by the defendant, the court may discharge such defendant from further supervision or otherwise terminate probation when it is satisfied that its action would be in the best interest of justice and the welfare of society. Such motion shall not be ripe until 12 months after the sentence was entered and every four months thereafter. The defendant shall serve the applicable entity or governing authority that is providing his or her probation services with a copy of such motion.
2. When a defendant is serving consecutive misdemeanor sentences, his or her probation officer or private probation officer, as the case may be, shall review such case after 12 consecutive months of probation supervision wherein the defendant has paid in full all court imposed fines, statutory surcharges, and restitution and has otherwise completed all testing, evaluations, and rehabilitative treatment programs ordered by the court to determine if such officer recommends early termination of probation. Each such case shall be reviewed every four months thereafter for the same determination until the termination, expiration, or other disposition of the case. If such officer recommends early termination, he or she shall immediately submit an order to the court to effectuate such purpose.

(Code 1981, §42-8-103.1, enacted by Ga. L. 2016, p. 443, § 7-5/SB 367.)

Law reviews.

- For article on the 2016 enactment of this Code section, see 33 Ga. St. U. L. Rev. 139 (2016).

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