TITLE 42 PENAL INSTITUTIONS

Section 3. Community Supervision and Transition, 42-3-1 through 42-3-119.

ARTICLE 6 PROBATION MANAGEMENT

42-3-116. Finality of hearing officer's decision; request for review; appeal.

1. The hearing officer's decision shall be final unless the options system probationer files a request for review with the senior hearing officer. A request for review must be filed within 15 days of the issuance of DCS's decision. Such request shall not stay DCS's decision. The senior hearing officer shall issue a response within seven days of receipt of the review request.
2. The senior hearing officer's decision shall be final unless the options system probationer files an appeal in the sentencing court. Such appeal shall name the commissioner as defendant and shall be filed within 30 days of the issuance of the decision by the senior hearing officer.
3. This appeal shall first be reviewed by the judge upon the record. At the judge's discretion, a de novo hearing may be held on the decision. The filing of the appeal shall not stay DCS's decision.
4. Where the sentencing judge does not act on the appeal within 30 days of the date of the filing of the appeal, DCS's decision shall be affirmed by operation of law.

(Code 1981, §42-3-116, enacted by Ga. L. 2015, p. 422, § 1-1/HB 310.)