Uniform Professional Standards and Uniform Contract Standards

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  2. Georgia Code
  3. Penal Institutions
  4. Probation
  5. County and Municipal Probation
  6. Uniform Professional Standards and Uniform Contract Standards

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  1. The uniform professional standards contained in this subsection shall be met by any person employed as and using the title of a private probation officer or probation officer. Any such person shall be at least 21 years of age at the time of appointment to the position of private probation officer or probation officer and shall have completed a standard two-year college course or have four years of law enforcement experience; provided, however, that any person employed as a private probation officer as of July 1, 1996, and who had at least six months of experience as a private probation officer or any person employed as a probation officer by a county, municipality, or consolidated government as of March 1, 2006, shall be exempt from such college requirements. Any person employed or appointed as a municipal probation officer on or after July 1, 2017, shall not be authorized to exercise the power of arrest as a municipal probation officer unless such person meets the requirements provided for under Code Section 35-8-13.1; provided, however, that such person shall only exercise the power of arrest upon individuals whom he or she is supervising under this article, unless such person is certified as a peace officer by the Georgia Peace Officer Standards and Training Council. Every private probation officer shall receive an initial 40 hours of orientation upon employment and shall receive 20 hours of continuing education per annum as approved by DCS, provided that the 40 hour initial orientation shall not be required of any person who has successfully completed a basic course of training for supervision of probationers or parolees certified by the Georgia Peace Officer Standards and Training Council or any private probation officer who has been employed by a private probation corporation, enterprise, or agency for at least six months as of July 1, 1996, or any person employed as a probation officer by a county, municipality, or consolidated government as of March 1, 2006. In no event shall any person convicted of a felony be employed as a probation officer or private probation officer.
  2. The uniform contract standards contained in this subsection shall apply to all private probation contracts executed under the authority of Code Section 42-8-101. The terms of any such contract shall state, at a minimum:
    1. The extent of the services to be rendered by the private corporation or enterprise providing probation supervision;
    2. Any requirements for staff qualifications, including those contained in this Code section as well as any surpassing those contained in this Code section;
    3. Requirements for criminal record checks of staff in accordance with the rules and regulations established by the board;
    4. Policies and procedures for the training of staff that comply with rules and regulations promulgated by the board;
    5. Bonding of staff and liability insurance coverage;
    6. Staffing levels and standards for offender supervision, including frequency and type of contacts with offenders;
    7. Procedures for handling the collection of all court ordered fines, fees, and restitution;
    8. Procedures for handling indigent offenders to ensure placement of such indigent offenders irrespective of the ability to pay;
    9. Circumstances under which revocation of an offender's probation may be recommended;
    10. Reporting and record-keeping requirements; and
    11. Default and contract termination procedures.
  3. The uniform contract standards contained in this subsection shall apply to all counties, municipalities, and consolidated governments that enter into agreements to provide probation services under the authority of Code Section 42-8-101. The terms of any such agreement shall state at a minimum:
    1. The extent of the services to be rendered by the local governing authority providing probation services;
    2. Any requirements for staff qualifications, including those contained in this Code section;
    3. Requirements for criminal record checks of staff in compliance with the rules and regulations established by the board;
    4. Policies and procedures for the training of staff that comply with the rules and regulations established by the board;
    5. Staffing levels and standards for offender supervision, including frequency and type of contacts with offenders;
    6. Procedures for handling the collection of all court ordered fines, fees, and restitution;
    7. Circumstances under which revocation of an offender's probation may be recommended;
    8. Reporting and record-keeping requirements; and
    9. Default and agreement termination procedures.

(Code 1981, §42-8-102, enacted by Ga. L. 1992, p. 1465, § 1; Ga. L. 1995, p. 396, § 2; Ga. L. 1996, p. 1107, § 5; Ga. L. 2006, p. 727, § 2/SB 44; Code 1981, §42-8-107, as redesignated by Ga. L. 2015, p. 422, § 3-2/HB 310; Ga. L. 2016, p. 443, § 7-8/SB 367; Ga. L. 2017, p. 673, § 2-2/SB 149.)

The 2015 amendment, effective July 1, 2015, redesignated former Code Section 42-8-102 as present Code Section 42-8-107; substituted "board" for "council" throughout, in subsection (a), substituted "shall" for "must" in the second sentence, substituted "basic course of training for supervision of probationers or parolees" for "basic course of training for supervision of probationers or parolees" in the third sentence, and, substituted "private" for "utilize the title of" in the last sentence; in subsections (b) and (c), substituted "Code Section 42-8-101" for "Code Section 42-8-100"; in paragraphs (b)(2) and (c)(2), substituted "including" for "to include"; in subsection (d), deleted "subsections (a), (b), and (c) of" preceding "this Code section" in the first sentence, substituted "January 1, 2017" for "January 1, 2007" in the second sentence, substituted "such" for "the" in the third sentence, substituted "Such" for "This" at the beginning of the fourth sentence, and substituted "such" for "these" near the end.

The 2016 amendment, effective July 1, 2016, substituted "DCS" for "the board" in the middle of the third sentence of subsection (a); deleted "with a judge" following "enter into agreements" in the middle of subsection (c); and deleted former subsection (d), which read: "The board shall review the uniform professional standards and uniform contract and agreement standards contained in this Code section and shall submit a report on its findings to the General Assembly. The board shall submit its initial report on or before January 1, 2017, and shall continue such reviews every two years thereafter. Nothing contained in such report shall be considered to authorize or require a change in such standards without action by the General Assembly having the force and effect of law. Such report shall provide information which will allow the General Assembly to review the effectiveness of the minimum professional standards and, if necessary, to revise such standards. This subsection shall not be interpreted to prevent the board from making recommendations to the General Assembly prior to its required review and report.".

The 2017 amendment, effective July 1, 2017, in subsection (a), added the third sentence, and inserted "Georgia" in the middle of the fourth sentence.

Editor's notes.

- Ga. L. 1995, p. 396, § 4, not codified by the General Assembly, provides in subsection (b): "No local funds shall be used to implement Sections 1 and 2 of this Act without the consent of the local governing authority."

Ga. L. 2015, p. 422, § 6-1/HB 310, not codified by the General Assembly, provides that: "This Act shall become effective July 1, 2015, and shall apply to sentences entered on or after such date."

Law reviews.

- For article on the 2015 amendment of this Code section, see 32 Ga. St. U. L. Rev. 231 (2015). For article on the 2016 amendment of this Code section, see 33 Ga. St. U. L. Rev. 139 (2016).


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