TITLE 42 PENAL INSTITUTIONS

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

ARTICLE 4 PRETRIAL RELEASE AND DIVERSION PROGRAMS

42-3-71. Discretionary release upon application by person charged with felony.

The court in which a person is charged with a felony for which bond is permissible under the law may, upon the application by the person so charged, at its discretion release the person prior to conviction and upon recognizance to the supervision of a pretrial release or diversion program established and operated by DCS after an investigation and upon recommendation of the staff of the pretrial release or diversion program. In no case, however, shall any person be so released unless after consultation with his or her attorney or an attorney made available to the person if he or she is indigent that person has voluntarily agreed to participate in the pretrial release or diversion program and knowingly and intelligently has waived his or her right to a speedy trial for the period of pretrial release or diversion.

(Code 1981, §42-3-71, enacted by Ga. L. 2015, p. 422, § 1-1/HB 310.)