Program and Treatment Completion Certificate

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  1. As used in this Code section, the term "Program and Treatment Completion Certificate" means the certificate issued pursuant to Code Section 42-2-5.2 or Code Section 42-3-2.
  2. Issuance of a Program and Treatment Completion Certificate by the Board of Corrections or the Board of Community Supervision or the granting of a pardon from the State Board of Pardons and Paroles as provided in the Constitution and Code Section 42-9-42 shall create a presumption of due care in hiring, retaining, licensing, leasing to, admitting to a school or program, or otherwise engaging in activity with the individual to whom the Program and Treatment Completion Certificate was issued or the pardon was granted. Such presumption may be rebutted by relevant evidence which extends beyond the scope of the Program and Treatment Completion Certificate or pardon and which was known or should have been known by the person against whom negligence is asserted.
  3. Nothing in this Code section shall be construed to constitute a waiver of the sovereign immunity of the state, and no action shall be maintained against the state or any agency or department thereof for issuance of or failure to issue any Program and Treatment Completion Certificate or issuance of or failure to grant a pardon.

(Code 1981, §51-1-54, enacted by Ga. L. 2014, p. 34, § 1-7/SB 365; Ga. L. 2017, p. 585, § 2-17/SB 174.)

The 2017 amendment, effective July 1, 2017, added "or Code Section 42-3-2" immediately following "Code Section 42-2-5.2" in subsection (a); and substituted "Board of Corrections or the Board of Community Supervision" for "Department of Corrections" near the beginning of the first sentence of subsection (b).

Law reviews.

- For article on the 2014 enactment of this Code section, see 31 Ga. St. U.L. Rev. 25 (2014). For article on the 2017 amendment of this Code section, see 34 Ga. St. U.L. Rev. 115 (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).


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