Confidentiality of Records

  1. Law
  2. Georgia Code
  3. Penal Institutions
  4. Probation
  5. County and Municipal Probation
  6. Confidentiality of Records

Checkout our iOS App for a better way to browser and research.

  1. Except as provided in subsection (a) of Code Section 42-8-108 and subsection (b) of this Code section, all reports, files, records, and papers of whatever kind relative to the supervision of probationers by a private corporation, private enterprise, or private agency contracting under the provisions of this article or by a county, municipality, or consolidated government providing probation services under this article are declared to be confidential and shall be available only to the affected county, municipality, or consolidated government, or an auditor appointed by such county, municipality, or consolidated government, the judge handling a particular case, the Department of Audits and Accounts, the Department of Corrections, DCS, the State Board of Pardons and Paroles, or the board.
    1. Any probationer under supervision under this article shall:
      1. Be provided with a written receipt and a balance statement each time he or she makes a payment;
      2. Be permitted, upon written request, to have a copy of correspondence, payment records, and reporting history from his or her probation file, one time, and thereafter, he or she shall be required to pay a fee as set by DCS; provided, however, that the board shall promulgate rules and regulations clarifying what confidential information may be withheld from such disclosure; and
      3. Be permitted, upon written request to DCS, to have a copy of the supervision case notes from his or her probation file when the commissioner of community supervision authorizes the release of such information in a written order; provided, however, that the board shall promulgate rules and regulations clarifying what confidential information may be withheld from such disclosure.
    2. When a probationer claims that information is being improperly withheld from his or her file, the probationer may file a motion with the sentencing court seeking an in camera inspection of such file. The probationer shall serve such motion on the prosecuting attorney and probation officer or private probation officer as appropriate.
    3. The following shall be subject to disclosure pursuant to Article 4 of Chapter 18 of Title 50:
      1. The board's rules and regulations regarding contracts or agreements for the provision of probation services;
      2. The board's rules and regulations regarding the conduct of business by private entities providing probation services as authorized by this article;
      3. The board's rules and regulations regarding county, municipal, or consolidated governments establishing probation systems as authorized by this article; and
      4. The rules, regulations, operating procedures, and guidelines of any private corporation, private enterprise, or private agency providing probation services under the provisions of this article.
  3. In the event of a transfer of the supervision of a probationer from a private corporation, private enterprise, or private agency or county, municipality, or consolidated government providing probation services under this article to DCS, DCS shall have access to any relevant reports, files, records, and papers of the transferring entity.

(Code 1981, §42-8-106, enacted by Ga. L. 1995, p. 396, § 2; Ga. L. 1997, p. 692, § 3; Ga. L. 2006, p. 727, § 2/SB 44; Code 1981, §42-8-109.2, as redesignated by Ga. L. 2015, p. 422, § 3-2/HB 310; Ga. L. 2016, p. 443, § 7-10/SB 367; Ga. L. 2017, p. 774, § 42/HB 323.)

The 2015 amendment, effective July 1, 2015, redesignated Code Section 42-8-106 as Code Section 42-8-109.2; and rewrote this Code section. See Editor's notes for applicability.

The 2016 amendment, effective July 1, 2016, substituted "DCS" for "Department of Community Supervision" near the end of subsection (a); substituted "DCS" for "the board" in subparagraphs (b)(1)(B) and (b)(1)(C); and substituted "DCS, DCS" for "the Department of Community Supervision, the Department of Community Supervision" in the middle of subsection (c).

The 2017 amendment, effective May 9, 2017, part of an Act to revise, modernize, and correct the Code, inserted "the" preceding "Department of Corrections" and "State Board of Pardons and Paroles" near the end of subsection (a).

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."

In light of the enactment of this Code section, the reader is advised to consult the annotation following Code Section 42-8-106.

Law reviews.

- For article on the 2014 amendment of this Code section, see 31 Ga. St. U.L. Rev. 159 (2014). 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). For note, "Safe Haven No Longer: The Role of Georgia Courts and Private Probation Companies in Sustaining a De Facto Debtors' Prison System," see 48 Ga. L. Rev. 227 (2013).


Download our app to see the most-to-date content.