O.C.G.A.
O.C.G.A.

O.C.G.A. § 15-18-80 (2019)

Policy and procedure

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) The prosecuting attorneys for each judicial circuit of this state shall be authorized to create and administer a Pretrial Intervention and Diversion Program. The prosecuting attorney for state courts, probate courts, magistrate courts, municipal courts, and any other court that hears cases involving a violation of the criminal laws of this state or ordinance violations shall also be authorized to create and administer a Pretrial Intervention and Diversion Program for offenses within the jurisdiction of such courts. (b) It shall be the purpose of such a program to provide an alternative to prosecuting offenders in the criminal justice system. (c) Entry into the program shall be at the discretion of the prosecuting attorney based upon written guidelines. (d) The prosecuting attorney implementing said program shall create written guidelines for acceptance into and administration of the program. These guidelines shall include, but are not limited to, consideration of the following: (1) The nature of the crime; (2) The prior arrest record of the offender; and (3) The notification and response of the victim. (e) No prosecuting attorney shall accept any offender into the program for an offense for which the law provides a mandatory minimum sentence of incarceration or imprisonment that cannot be suspended, probated, or deferred. (f ) The prosecuting attorney shall be authorized to assess and collect from each offender who enters the program a fee not to exceed $1,000.00 for the administration of the program. Such fee may be waived in part or in whole or made payable in monthly increments upon a showing of good cause to the prosecuting attorney. Any fee collected under this subsection shall be made payable to the general fund of the political subdivision in which the case is being prosecuted.

(g) The prosecuting attorney shall be further authorized to collect restitution on behalf of victims. Any restitution collected under this subsection shall be made payable to and disbursed by the clerk of the court in which the case would be prosecuted. (h) No program created pursuant to this Code section shall be construed as a violation of Code Section 15-13-35 or 15-18-26.

History

(Code 1981, § 15-18-80, enacted by Ga. L. 2000, p. 1115, § 3; Ga. L. 2006, p. 420, § 1/HB 718; Ga. L. 2012, p. 899, § 2-3/HB 1176.)

Annotations

Cross references. - Authorization to establish and administer pretrial intervention programs, § 34-2-14. Pretrial release and diversion programs, T. 42, C. 8, A. 5. Editor’s notes. - Ga. L. 2012, p. 899, § 9-1(a)/HB 1176, not codified by the General Assembly, provides: ‘‘This Act shall become effective on July 1, 2012, and shall apply to offenses which occur on or after that date. Any offense occurring before

July 1, 2012, shall be governed by the statute in effect at the time of such offense and shall be considered a prior conviction for the purpose of imposing a sentence that provides for a different penalty for a subsequent conviction for the same type of offense, of whatever degree or level, pursuant to this Act.’’ Law reviews. - For article on the 2012 amendment of this Code section, see 29 Ga. St. U.L. Rev. 290 (2012).

Notes of Decisions
Cited in 5 cases (3 in the last 5 years), 2015–2026 · leading case: Aa-Prof'l Bail Bonding v. Deal, 775 S.E.2d 217 (Ga. Ct. App. 2015).
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Aa-Prof'l Bail Bonding v. Deal, 775 S.E.2d 217 (Ga. Ct. App. 2015). · cites it 18× “In somewhat of an alternative argument, AAPB contends that the General Assembly implicitly excised the requirement that a pretrial diversion program be court ordered before a surety can be relieved of liability under OCGA § 17-6-31 (d) when it subsequently enacted OCGA §…”
In the Matter of Paul Jason York, 900 S.E.2d 614 (Ga. 2024). · cites it 12× “As a result, he was charged with felony forgery, and he 2 entered into a 36-month Pretrial Diversion Agreement (“PDA”) with the district attorney’s office pursuant to OCGA § 15-18-80,1 requiring him, for the duration of the PDA, to (1) refrain from drug and alcohol use; (2)…”
Royce Palmer v. State, 801 S.E.2d 300 (Ga. Ct. App. 2017). · cites it 8× “The prosecuting attorney for state courts, probate courts, magistrate courts, municipal courts, and any other court that hears cases involving a violation of the criminal laws of this state or ordinance violations shall also be authorized to create and administer a Pretrial…”
In the Matter of Paul Jason York (Ga. 2026). · cites it 2× “As a result, he was charged with felony forgery, and he entered into a 36- month Pretrial Diversion Agreement (“PDA”) with the district attorney’s office pursuant to OCGA § 15-18-80, requiring him, for the duration of the PDA, to (1) refrain from drug and alcohol use; (2) submit…”
In the Matter of Paul Jason York (Ga. 2026). · cites it 2× “As a result, he was charged with felony forgery, and he entered into a 36- month Pretrial Diversion Agreement (“PDA”) with the district attorney’s office pursuant to OCGA § 15-18-80, requiring him, for the duration of the PDA, to (1) refrain from drug and alcohol use; (2) submit…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.